HomeMy WebLinkAbout09-18-17.RegularHarry E. Rediger, Mayor
Joseph Uzoaru, Ward 1
Shelly Moore, Ward 2
Victor Gunn, Ward 3
Robbie Guard, Ward 4
Bob Fox, Ward 5
Danny R. Essner, Ward 6
September 18, 2017
Study Session
5:00 p.m.
Items for Discussion
• Planning and Zoning Commission Report
• Appearances regarding items not on the agenda
• Agenda review
No action will be taken during the study session
Closed Session
Items for Discussion
City Council Chambers
City Hall
401 Independence
Cablecast on:
City Public Access Channel 993
www.cityofcapegirardeau.org
• Legal actions and litigation, confidential communications with legal counsel, and personnel matters,
pursuant to RSMo. Sections 610.021(1) and (3).
The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or
special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or
litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel,
employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the
City Council will hold a closed session to discuss legal actions and litigation, confidential communications
with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021 (1),
610.021(2), and 610.021(3).
Regular Session
7:00 PM
Invocation
Brother Jeremy Baird of Church of Jesus Christ Of Latter -Day Saints in Cape Girardeau
Pledge of Allegiance
Call to Order/Roll Call
Adoption of the Agenda
Presentations
• Children's Artwork Presentation - Sara Moore
• Acknowledgement of Rescue Team deployed to hurricane Harvey response
Communications/Reports
• City Council
• Staff
Public Hearings
Appearances
Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized
by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address
for the record. The timer will buzz at the end of the speaker's time.
Consent Agenda
The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to
the members of the audience. All matters listed within the Consent Agenda have been distributed to each
member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be
enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent
Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on
the Regular Agenda by request of a member of the City Council.
1. Approval of the September 5, 2017, City Council regular session and closed session minutes.
2. BILL NO. 17-137, an Ordinance vacating a portion of Amethyst Street right-of-way between North
Middle Street and North Fountain Street, in the City of Cape Girardeau, Missouri. First Reading.
3. BILL 17-142, a Resolution Authorizing the City Manager to execute a Development Agreement with
Alliant Development, LLC, for the purpose of rehabilitating properties located at 631, 633, and 635
Good Hope Street, in the City of Cape Girardeau. Reading and Passage.
4. BILL NO. 17-145, a Resolution authorizing the City Manager to execute a Contract with Horner &
Shifrin, Inc., for Capital Improvement Water Systems Projects, in the City of Cape Girardeau,
Missouri. Reading and Passage.
5. BILL NO. 17-146, a Resolution authorizing the City Manager to execute an Agreement with Thomas
Industrial Coatings, Inc., for the Southern Expressway and Lynwood Hills Bridges Repair Project, in
the City of Cape Girardeau, Missouri.
6. BILL NO. 17-147, a Resolution authorizing the City Manager to execute a License and Indemnity
Agreement with Grace Works, LLC, for installation of an awning at 135 North Main Street, in the
City of Cape Girardeau, Missouri. Reading and Passage.
7. BILL NO. 17-148, a Resolution acknowledging receipt of an annexation petition from The Humane
Society of Southeast Missouri, and setting a public hearing regarding the proposed annexation.
Reading and Passage.
8. Accept Improvements and authorize Final Payment to Penzel Construction Co., Inc. for the
construction of the Fire Station #2 Annex located at 378 South Mount Auburn Road.
9. Accept Improvements and authorize Final Payment to Eastern Missouri Industries, Inc., for the Fiber
Optic Line to serve the Indoor Sports Complex, in the City of Cape Girardeau, Missouri.
10. Accept Improvements and authorize Final Payment to Penzel Construction Company, Inc. for a new
Indoor Sports Complex located at 2526 Jim Drury Lane.
Items Removed from Consent Agenda
New Ordinances
11. BILL NO. 17-141, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape
Girardeau, Missouri, regarding shipping containers. First Reading.
12. BILL NO. 17-143, an Ordinance amending Chapter 18 of the Code of Ordinances of the City of Cape
Girardeau, Missouri relating to the Cape Jaycee Municipal Golf Course Advisory Board. First
Reading.
13. BILL NO. 17-144, an Ordinance repealing Ordinance No. 4996 and approving the record plat of
Route K North Third Subdivision. First Reading.
Appointments
14. Appointments to the Golf Course Advisory Board.
15. Appointment to the Tree Board
Other Business
Meeting Adjournment
Advisory Board Minutes
Advisory Board Minutes
Staff- Bruce Taylor, Deputy City
Agenda: Clerk/Administrative Aide
9/18/2017
SUBJECT
Approval of the September 5, 2017, City Council regular session and closed session minutes.
Of III CT91: I Lh I =1 Ll k &13
7712017.09.05 RegularsessionMinutes.doc
El 2017.09.05 Closed Session Minutes. doc
DescirlIpHam
SelpIteirnbeir 5, 2017 COUncill I regUlair session
SelpIteirnbeir 5, 2017 COUncill I cllosed session
Regular September 5, 2017 JJ -583
REGULAR SESSION — September 5, 2017
CLOSED SESSION
Legal actions and litigation, confidential communications with legal counsel, and personnel
matters, pursuant to RSMo. Sections 610.021(1) and (3).
A Motion was made by Victor Gunn, Seconded by Robbie Guard to approve.
Motion passed. 7-0. Ayes: Essner, Fox, Guard, Gunn, Moore, Rediger, Uzoaru.
U 01 LX110A We] 011
Doug Austin of Bethany Baptist Church in Cape Girardeau
PLEDGE OF ALLEGIANCE
CALL TO ORDER
The Cape Girardeau City Council convened in regular session on Tuesday, September 5, 2017, at
7:00 p.m., with Mayor Harry Rediger presiding and Council Members Danny R. Essner, Bob Fox,
Robbie Guard, Victor Gunn, and Joseph Uzoaru present. Shelly Moore was absent.
ADOPTION OF THE AGENDA
A Motion was made by Victor Gunn, Seconded by Robbie Guard to approve and adopt.
Motion passed. 6-0. Ayes: Essner, Fox, Guard, Gunn, Rediger, Uzoaru. Absent: Moore.
PRESENTATIONS
Mayor Harry Rediger presented the 2017 Walk to End Alzheimer's Day Proclamation to a group
from Cape Girardeau Alzheimer's Association which included City Clerk Gayle Conrad who spoke
about the group's efforts. The 2017 Walk will be held on September 16, in the Cape County Park.
Mayor Harry Rediger presented Operation Christmas Child Month Proclamation to a group of
volunteers which included State Senator Wayne Wallingford.
Mayor Harry Rediger presented the National Preparedness Month Proclamation to CERT
Coordinator Jim Watkins and Fire Chief Rick Ennis. Mr. Watkins and Chief Ennis spoke about the
importance of preparing for emergencies, and mentioned efforts by the City and community to
improve knowledge and skills of how to prepare. Mr. Watkins provided a flier to register for
CERT.
COMMUNICATIONS/REPORTS
Mayor Harry Rediger presented a commemorative plate to the City Manager from the American
Duchess regarding its inaugural call at Cape Girardeau. Mayor Rediger spoke about the praise that
the President of the American Queen Boat Company had given the City and citizens.
Regular September 5, 2017 JJ -584
Council Member Robbie Guard spoke about Keep Cape Beautiful's findings from the 2017 litter
index. It indicates that litter along City streets is lower for the second year in the row.
Council Member Robbie Guard spoke about a tour he took with Fire Chief Rick Ennis to see the
fire station facilities. He also spoke about he recent tour of the water system facilities with Public
Works Director Steve Cook, Alliance Manager Kevin Priester, and Deputy City Manager Molly
Hood.
Council Member Victor Gunn spoke about the SALT Senior Information Day scheduled for this
coming Thursday, and he asked Doug Austin to speak about the event. Mr. Austin spoke about the
Seniors and Law Enforcement Together (SALT) group, and stated that the goal of the event was to
educate senior citizens about scams and shooter situations. Thirty-two vendors/providers will be
on -hand, and a free lunch is offered to attendees. The Senior Information Day is Thursday,
September 7, beginning 9:OOa.m. at the Cape Girardeau Eagles Club, City Manager Scott Meyer
announced that a U.S. Grant Symposium will be held Tuesday, September 19, 2017, at Heritage
Hall in downtown Cape. Mayor Rediger listed activities and locations for the event.
City Manager Scott Meyer welcomed home the technical rescue team which was deployed to
Texas to help with rescue missions following hurricane Harvey.
PUBLIC HEARINGS
A Public Hearing to consider vacating a portion of unimproved Amethyst Street right-of-
way, between North Middle Street and North Fountain Street, in the City of Cape
Girardeau, Missouri.
Mayor Harry Rediger opened the Public Hearing. There being no appearances, the
hearing was closed.
BILL NO. 17-137, an Ordinance vacating a portion of Amethyst Street right-of-way
between North Middle Street and North Fountain Street, in the City of Cape Girardeau,
Missouri. First Reading.
A Motion was made by Bob Fox, Seconded by Joseph Uzoaru to approve.
Motion passed. 6-0. Ayes: Essner, Fox, Guard, Gunn, Rediger, Uzoaru. Absent: Moore.
A public hearing to consider a proposed amendment to Chapter 30 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, regarding shipping containers.
Mayor Harry Rediger opened the Public Hearing. There being no appearances, the
hearing was closed.
BILL NO. 17-141, an Ordinance amending Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, regarding shipping containers. First Reading.
A Motion was made by Robbie Guard, Seconded by Bob Fox to postpone for the purpose
of returning the proposed Ordinance to the Planning and Zoning Commission for further
review. Motion passed. 6-0. Ayes: Essner, Fox, Guard, Gunn, Rediger, Uzoaru. Absent:
Moore.
Regular September 5, 2017 JJ -585
APPEARANCES
A group of citizens from Woodland Hills Drive and Autumn Drive that included Elliot
Williams, Laura Hinkle, Carrie Williams, Jimmy McGowen, and Jason Eftink appeared
in opposition to the amended preliminary plat of Williamsburg.
Council Members Joseph Uzoaru and Robbie Guard explained that because the
preliminary plat contained no variances and complies with the requirements of the City's
subdivision regulations, the City Council is required to approve it. Deputy City Manager
Molly Hood reiterated that Council's approval is administrative in nature because the
preliminary plat meets all of the requirements of the City Code Council must approve it.
CONSENT AGENDA
Approval of the August 21, 2017, City Council regular session and closed session
minutes.
Bill No. 17-130, an Ordinance amending Ordinance No. 4318 authorizing the issuance of
not to exceed $31,000,000 principal amount of Sewerage System Revenue Bonds (State
of Missouri - Direct Loan Program) Series 2012 of the City of Cape Girardeau, Missouri.
Second and Third Readings.
Bill No. 17-131 an Ordinance amending Ordinance No. 4461 authorizing the issuance of
not to exceed $3,250,000 principal amount of Sewerage System Revenue Bonds (State of
Missouri - Direct Loan Program) Series 2013 A and not to exceed $35,750,000 principal
amount of Sewerage System Revenue Bonds (State of Missouri - Direct Loan Program)
Series 2013B of the City of Cape Girardeau, Missouri. Second and Third Readings.
BILL NO. 17-134, an Ordinance accepting a Permanent Utility Easement from Limbaugh
Revocable Trust U/A/D August 20, 2014, located adjacent to 100 Broadway, in the City
of Cape Girardeau, Missouri. Second and Third Readings.
BILL NO. 17-135, an Ordinance vacating a 10 feet wide utility easement along the North
side of Broadway, located adjacent to 400 Broadway, in the City of Cape Girardeau,
Missouri. Second and Third Readings.
BILL NO. 17-136, a Resolution authorizing the City Manager to execute a License and
Indemnity Agreement with Old Town Cape, Inc., for improvements in the alley between
115 North Main Street and 117 North Main Street, in the City of Cape Girardeau,
Missouri. Reading and Passage.
BILL NO. 17-138, a Resolution authorizing applications to the Missouri Housing
Development Commission under the 2018 Emergency Solutions Grant Program, for the
Salvation Army, Safe House for Women, Inc., Community Caring Council, and Catholic
Regular September 5, 2017 JJ -586
Charities of Southern Missouri, and authorizing the City Manager to execute all necessary
grant documents. Reading and Passage.
BILL NO. 17-139, a Resolution authorizing the City Manager to execute a Release of
Lien for property located at 1032 Caufield Drive, under the Federal Home Loan Bank
Grant Program, in the City of Cape Girardeau, Missouri. Reading and Passage.
BILL NO. 17-140, a Resolution authorizing the City Manager to execute a License and
Indemnity Agreement with the Jerry B. Stone Revocable Trust Agreement and the Carole
L. Stone Revocable Trust Agreement, to install a sanitary sewer lateral pipe in Maria
Louise Lane right-of-way, in the City of Cape Girardeau, Missouri. Reading and Passage.
A Motion was made by Robbie Guard, Seconded by Bob Fox to approve and adopt.
Motion passed. 6-0. Ayes: Essner, Fox, Guard, Gunn, Rediger, Uzoaru. Absent: Moore.
Bill No. 17-130 will be Ordinance 5007; Bill No. 17-131 will be Ordinance 5008; Bill
No. 17-134 will be Ordinance 5009; Bill No. 17-135 will be Ordinance 5010; Bill No.
17-136 will be Resolution 3105; Bill No. 17-138 will be Resolution 3106; Bill No. 17-
139 will be Resolution 3107; and Bill No. 17-140 will be Resolution 3108.
ITEMS REMOVED FROM CONSENT AGENDA
Approval of the amended preliminary plat of Williamsburg.
A Motion was made by Joseph Uzoaru, Seconded by Danny Essner to approve.
Motion passed. 5-0. Ayes: Essner, Fox, Gunn, Rediger, Uzoaru. Council Member Guard
abstained for financial reasons due to his employment at MRV Banks. Absent: Moore.
APPOINTMENTS
Appointment of City Council Committee and Board Positions
Mayor Rediger recommended that Mr. Guard be appointed to the Cape Girardeau Area
MAGNET Board of Directors, and Mr. Essner be appointed as the Council liaison to the
Parks and Recreation Advisory Board with specific direction to lead the committee for
the PRS2 tax efforts that will be coming before the citizens for a vote in April of 2018.
A Motion was made by Victor Gunn, Seconded by Bob Fox to confirm the Mayor's
recommendation.
Motion passed. 6-0. Ayes: Essner, Fox, Guard, Gunn, Rediger, Uzoaru. Absent: Moore.
MEETING ADJOURNMENT
There being no further business, the meeting ended at 7:55 p.m.
A Motion was made by Robbie Guard, Seconded by Victor Gunn to adjourn.
Motion passed. 6-0. Ayes: Essner, Fox, Guard, Gunn, Rediger, Uzoaru. Absent: Moore.
Regular
Bruce Taylor, Deputy City Clerk
September 5, 2017 JJ -587
Harry E. Rediger, Mayor
Staff: Casey Brunke P.E., City Engineer
Agenda: 9/18/2017
SUBJECT
An Ordinance vacating a portion of Amethyst Street between North Middle Street and North Fountain Street, in
the City of Cape Girardeau, Missouri.
EXECUTIVE SUMMARY
The City received a request from Steve LeGrand to vacate a portion of Amethyst Street between North Middle
Street and North Fountain Street. Staff reviewed the request, contacted utility providers, and found a utility
easement was not necessary for any existing public utilities in the right-of-way. The vacation of said right-of-
way is not contrary to any current City plans.
STAFF RECOMMENDATION
Staff asks Council to give consideration to the attached ordinance regarding the vacation of the right-of-way as
described within the proposed ordinance and displayed on the attached map.
PUBLIC OUTREACH
A Notice of Public Hearing was published in the Southeast Missourian on August 23, 2017. A Public Hearing
was held September 5, 2017.
ATTACHMENTS:
Nairn•ne:
❑ Vacate Amethyst right-of-way Ordinance.doc
❑ Amethyst Street Vacation.pdf
ocaUoin IVlalrro
BILL NO. 17-137
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF AMETHYST
STREET RIGHT-OF-WAY BETWEEN NORTH MIDDLE
STREET AND NORTH FOUNTAIN STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from Steve
LeGrand, to vacate a portion of Amethyst Street right-of-way
between North Middle Street and North Fountain Street, in the
City of Cape Girardeau, Missouri; and
WHEREAS, a public hearing was held on September 5, 2017, at
7:00 p.m., at which time all interested parties were afforded
the opportunity to speak in favor of or in opposition to the
proposed vacation of right-of-way; and
WHEREAS, at least ten days notice of the time and place of
this hearing was published in a newspaper of general circulation
in the City; and
WHEREAS, the City Council has determined that the right-of-
way in question is not necessary or needed for any of the
purposes for which it was dedicated and established; and
WHEREAS, it is in the public interest that the right-of-way
be vacated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council hereby finds that it is in
the public interest that this right-of-way be vacated.
ARTICLE 2. The City's interest in the following described
real estate:
THAT PART OF AMETHYST STREET, LYING BETWEEN MIDDLE
STREET AND FOUNTAIN STREET AS SHOWN ON THE RECORD PLAT
OF MARBLE CITY HEIGHTS IN PLAT BOOK 2, PAGE 36 OF THE
LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI.
is hereby vacated.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
1
PASSED AND APPROVED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of f 2017, before me
appeared Harry E. Rediger, to me personally known, who, being by
me duly sworn, did say that he is the Mayor 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal, at my office in Cape Girardeau,
Missouri, the day and year first above written.
My Commission Expires:
Shonda Lancaster, Notary Public
2
Staff: Alexander S. McElroy,
Agenda: Development Services Director
9/18/2017
SUBJECT
A Resolution authorizing the City Manager to Execute a Development Agreement with Alliant Development,
LLC for the purpose of rehabilitating the properties of 631, 633, and 635 Good Hope Street.
EXECUTIVE SUMMARY
The attached Resolution authorizes the City Manager to execute a Development Agreement with Alliant
Development, LLC for the purposes of rehabilitating the properties of 631, 633, and 635 Good Hope Street.
BACKGROUND/DISCUS SION
The owner of the properties of 631, 633, and 635 Good Hope Street agreed to partner with the City on a
RFP process that would result in the properties being donated at no cost to a developer with a successful
development proposal. In June 2017, the City issued the RFP with a proposal deadline of August 25, 2017. The
City received a proposal from Alliant Development, LLC that was reviewed and found to meet the spirit and
intent of the RFP.
Alliant Development, LLC ownership group consists of DILLE TRAXEL Architecture, Property Pro Facility
Management (owned by DILLE TRAXEL Architecture), and Gramblin Lumber. Collectively, the firm employs
licensed architects, construction professionals, and building management specialists.
Their proposal for the property includes 3 Phases along with the initial work of securing the property
upon receipt of ownership and making sure the buildings are safe, locked, and any structural needs addressed.
Phase 1 proposes the rehabilitation of 635 Good Hope Street. The first floor of the building will be
rehabilitated with the intent of leasing to a pedestrian clientele such as a retail store or small food service venue
such as a restaurant or a coffee shop. There are also three small retail spaces behind the first floor which could
be combined and used for the purposes of the first floor tenant or separated and leased separately. The second
story of the building is proposed to house the Cape Girardeau DILLE TRAXEL Architecture offices, currently
located on Mount Auburn Road. The top floor is being contemplated as additional office space for the firm or
potentially a small residential apartment.
Phase 2 of the proposal focuses on 631 Good Hope which appears to be much more deteriorated than the corner
building of 635 Good Hope. The rehabilitation project of the first floor is said to contain a pedestrian friendly
lease space. The two upper levels will be rehabilitated to provide residential apartments.
The final Phase of the proposal, being the vacant lot of 633 Good Hope, is still undetermined. The proposals
states that the area could become a well maintained green space, a patio for tenants of the buildings, a sunken
patio for access to the basement levels for potential lease, or even infill building construction. Direction for
Phase 3 will be determined upon the completion of the rehabilitation projects of 631 and 635 Good Hope Street.
FINANCIAL IMPACT
The properties are being donated at no cost to the developer. The City does have a tax lien on the property
stemming from a City initiated demolition of the partially collapsed 633 Good Hope Street building. The
developer has agreed to assume this tax liability with the understanding this tax lien will be forgiven upon
substantial completion of the rehabilitation of 631 and 635 Good Hope Street.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
The properties are listed with the National Register of Historic Places and are situated in a prominent area of
downtown which needs attention. If the development proposal comes to fruition, the rehabilitation of the two
buildings could serve as a catalyst for the entire block and potentially spawn more development in an area
experiencing emerging blight. The City's Downtown Strategic Plan Update highlights the Good Hope/Haarig
District as a Focus Area for future development and rehabilitation projects.
STAFF RECOMMENDATION
Staff recommends the adoption of the proposed Resolution authorizing the City Manager to Execute a
Development Agreement with Alliant Development, LLC for the rehabilitation of 631, 633, and 635 Good
Hope Street.
PUBLIC OUTREACH
A Request for Proposal was conducted in June 2017 through August 2017. The general public and the
development community were sought to participate in the RFP through a series of solicitations which included
email, website postings, social media announcements, and newspaper ads.
ATTACHMENTS:
IN a rn•n e:
Cha vellolpirn•nei nd Agireeirn•nei nd
BILL NO. 17-142 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEVELOPMENT AGREEMENT WITH ALLIANT
DEVELOPMENT, LLC, FOR THE PURPOSE OF
REHABILITATING PROPERTIES LOCATED AT 631,
633, AND 635 GOOD HOPE STREET, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Development Agreement with Alliant Development, LLC, for the
purpose of rehabilitating the properties located at 631, 633,
and 635 Good Hope Street. The Agreement shall be in
substantially the form attached hereto as Exhibit A, which
document is hereby approved by the City Council, and
incorporated herein by reference, with such changes therein as
shall be approved by the officers of the City executing the
same.
PASSED AND ADOPTED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into as of the day of , 2017 by and between ALLIANT DEVELOPMENT,
LLC, a Missouri Limited Liability Company (hereinafter referred to as the "Developer"), and the
CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation (hereinafter referred to as the
"City"), collectively referred to as the "Parties".
WITNESSETH:
WHEREAS, the City is committed to maintaining a healthy and vibrant downtown which
preserves and promotes its historical character; and
WHEREAS, the property at 631, 633, and 635 Good Hope Street (hereinafter referred to as the
"Property" and more particularly described in Exhibit A) is located in the historic Good Hope/Haarig
District of the City's downtown and is owned by Jeremy J. Ford (hereinafter referred to as the "Property
Owner"); and
WHEREAS, the buildings at 631 and 635 Good Hope Street are severely dilapidated and in need
of extensive repair; and
WHEREAS, the Property Owner has partnered with the City on a Request for Proposals
(hereinafter referred to as the "RFP") process that would result in the property being donated to a
developer with a successful development proposal as selected by the City; and
WHEREAS, the RFP process was conducted and yielded a development proposal from the
Developer for the Property; and
WHEREAS, said development proposal was reviewed and found to meet the spirit and intent of
the RFP and proposes significant investment into the Property which would preserve the historic
structures and rehabilitate the buildings for future mixed uses;
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the
Parties hereto do mutually agree as follows:
L SCOPE OF SERVICES: The Developer shall in a satisfactory manner, as reasonably determined
by the City, perform all of the activities described as follows:
A. Program Activity Ownership of the property shall be retained by the Developer until substantial
completion of the proposed rehabilitation of the buildings at 631 and 635 Good Hope Street as
determined by the City. Any changes of ownership during the tenure of this agreement shall be subject to
approval by the City. Upon taking possession of the Property, the Developer shall stabilize said buildings
to the satisfaction of the City. The buildings shall be made safe, locked, and any urgent structural needs
addressed. Within forty-eight (48) months from the date of the issuance of the required permits, the
Developer shall facilitate and cause the substantial rehabilitation of the Property in accordance with the
plans and specifications provided by the Developer and approved by the City. The Developer shall submit
rehabilitation project updates to the City on a quarterly basis commencing upon the issuance of the first
permit.
B. Standards: The rehabilitation project shall follow the guidance and standards of the following: the
Secretary of the Interior's Standards for Rehabilitation as directed by the National Park Service, the
Missouri State Historic Preservation Office, Old Town Cape, Inc., and the City of Cape Girardeau. Any
deviations from said guidance and standards shall be subject to approval by the City.
C. Business Strategy: In its recruitment efforts to occupy the Property with tenants, the Developer
shall recruit businesses that complement the business strategy outlined in the City's Downtown Strategic
Plan, as amended. Further, any complementary business being recruited or any business desiring to lease
space in the rehabilitated buildings shall produce for the Developer a business plan.
II. RELEASE OF TAX LIEN: A lien was imposed on the Property by the City due to nonpayment
of a special tax bill for reimbursement of the City's costs to demolish the former building at 633 Good
Hope Street. The lien accrues interest at a rate of eight percent (8%) per annum until the debt (i.e. the lien
with the accrued interest) is paid in full. The current Property Owner is liable for the debt until such time
he conveys the Property. Upon conveyance of the Property, the Developer will assume liability for the
debt. As the Developer completes each phase of the rehabilitation project, the City shall waive the debt
on a pro rata basis. Upon substantial completion of the first phase of the project, being the rehabilitation
of the building at 635 Good Hope Street, the City shall waive sixty percent (60%) of the debt balance.
Upon substantial completion of the second phase of the project, being the rehabilitation of the building at
631 Good Hope Street, the City shall waive the remaining debt balance.
III. COMPLIANCE WITH LAWS: The Developer shall comply with all applicable laws, ordinances,
and codes of the state and local governments.
IV. TERM OF THE AGREEMENT: This Agreement shall terminate upon substantial completion of
the rehabilitation of the buildings at 631 and 635 Good Hope Street as determined by the City.
V. NOTICE: Any notices required by this Agreement shall be delivered by certified U.S. Mail,
FedEx, or other trackable professional delivery service to:
DEVELOPER: Alliant Development, LLC
c/o Benjamin F. Traxel
4061 Highway PP, Suite 2
Poplar Bluff, MO 63901
CITY: City of Cape Girardeau, Missouri
c/o City Manager
401 Independence Street
Cape Girardeau, MO 63703
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives as of the day and year first above written.
ALLIANT DEVELOPMENT, LLC, a Missouri Limited Liability Company
an
Benjamin F. Traxel, Partner
CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation
in
Scott A. Meyer, City Manager
Attest:
City Clerk
STATE OF MISSOURI
) SS
COUNTY OF
On this day of , 2017, before me appeared BENJAMIN F. TRAXEL, to
me personally known, who being by me duly sworn, did say that he is a PARTNER of ALLIANT
DEVELOPMENT, LLC, a Missouri Limited Liability Company, and that said instrument was signed on
behalf of said Limited Liability Company, and acknowledged said instrument to be the free act and deed
of said Limited Liability Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this day of , 2017, before me appeared SCOTT A. MEYER, 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, and that the seal affixed to the foregoing
instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City
by authority of its City Council, and acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
EXHIBIT A
DESCRIPTION OF THE PROPERTY
Addresses:
631 Good Hope Street
633 Good Hope Street
635 Good Hope Street
Parcel No.:
21-111-00-07-01500
Legal Description:
All of 70 feet off the West End of Lot 50 in Range "H" in the City and County of Cape
Girardeau, Missouri, being 70 feet front on Good Hope Street by 112 feet on Sprigg Street
Staff: Casey Brunke, P.E., City Engineer
Agenda: 9/18/2017
SUBJECT
Resolution Authorizing the City Manager to Enter into Contract for the Capital Improvement Water Systems
Projects with Horner & Shifrin, Inc.
EXECUTIVE SUMMARY
The contract will allow the Engineering Division to issue task orders to Horner & Shifrin, Inc. for any professional
services necessary to complete the remaining Capital Improvement Water Systems Projects. The majority of the
Capital Improvement Water Systems Projects are completed or are already under design/construction contract. The
time frame on Horner & Shifrin's previous General Services Agreement expired June 2017.
BACKGROUND/DISCUSSION
Horner & Shifrin, Inc. was chosen based on their knowledge of the City's existing water system, familiarity with
local geography, past experience, and qualified personnel. This consultant services contract shall remain in effect
for five years or until the remaining Capital Improvement Water Systems Projects are completed.
FINANCIAL IMPACT
All costs will be generated via the task orders issued under the attached General Services Agreement. Fees will
be charged to the specific project within the Capital Improvement Water System Projects.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
The Capital Improvements Program should be considered an investment in the future of the City of Cape Girardeau
and the surrounding community. Having a Capital Improvements Program focuses attention on improving or
constructing the capital assets necessary for providing the services and facilities expected by the citizens and
businesses of Cape Girardeau.
STAFF RECOMMENDATION
Staff recommends the Council approve a Resolution authorizing the City Manager to enter into contract with Horner
& Shifrin, Inc. for the Capital Improvement Water Systems Proj ects.
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BILL NO. 17-145 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH HORNER & SHIFRIN, INC.,
FOR CAPITAL IMPROVEMENT WATER SYSTEMS PROJECTS,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Contract with Horner & Shifrin, Inc., for Capital Improvement
Water Systems Projects, in the City of Cape Girardeau, Missouri.
The Agreement shall be in substantially the form attached hereto
as Exhibit A, which document is hereby approved by the City
Council, and incorporated herein by reference, with such changes
therein as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
DEviLOPMENT I , I ,
CONTRACT
For
Capital Improvement Water Systems Projects
CONSULTANT NAME: Horner & Shifrin, Inc.
THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the
"City", and Horner & Shifrin, Inc., 401 S. 18'1' Street, Suite 400, St. Louis, Missouri 63103,
hereinafter referred to as the "Consultant".
INASMUCH as funds have been made available by the City through its Capital Improvement Sales
Tax, the City intends to complete water capital improvement projects and requires professional
services. The Consultant, upon the City's request through written Task Orders, will provide the City
with any and all professional services hereinafter detailed for the planning, design and/or construction
inspection of the desired improvements and the City will pay the Consultant as provided in this
contract and subsequent Task Orders. It is mutually agreed as follows:
ARTICLE I - SCOPE OF SERVICES
A. DESIGN PHASE — The Consultant will if requested by the City:
1. determine the needs of the City for the project;
2. conduct topographic, property and utility surveys sufficient to develop plans for the
project;
3, arrange for subsurface investigations if needed, and make recommendations for
structure foundations and pavement sections;
4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop
preliminary plans, and recommend to the City the best overall general design based on
these studies;
5, submit appropriate copies of preliminary plans, estimates and/or studies for review by
the City;
6. prepare detailed construction plans, cost estimates, specifications and related documents
as necessary, including a Stormwater Pollution Prevention Plan (SWPPP), if necessary,
for the purpose of soliciting bids for constructing the project. Provision will be made in
the contract documents for that portion of the work that will be performed by City's
forces;
7. secure adequate property title information, determine right-of-way requirements, prepare
right-of-way plans, legal descriptions, and exhibits, and assist the City in acquiring the
rigbt-of-way deeds and necessary easements needed for the project;
& comply with water quality requirements by coordinating with the Missouri Department
of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance
with the requirements of the Federal Emergency Management Agency (FEMA);
9, comply with historic preservation requirements through coordination with the Missouri
Department of Natural Resources, and if deemed necessary, arrange to have the site
examined by a qualified archaeologist on a subcontract basis;
10. comply with all regulations in regards to noise abatement and air quality, if necessary;
and
11. after making final corrections resulting from reviews by agencies involved, provide the
City with the appropriate sets of completed plans, specifications, studies and/or cost
estimates for the purpose of obtaining construction authorization from the City.
B. BIDDING PHASE — The Consultant will if requested by the City:
I . assist the City in advertising for bids and evaluating bids.
2. Fids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to error or
negligence on the Consultant, the Consultant shall, at the request of City and for no
additional cost, prepare a report for City identifying why all the bids exceed the
estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The
City may: (l) give written approval of an increase in the Project cost; (2) authorize
rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate
in revising the Project scope, plans, or specifications, or all as necessary to reduce the
construction cost. In the case of (4), Consultant, without additional charge to City, shall
consult with City and shall revise and modify the scope, plans, or specifications as
necessary to achieve compliance with the Consultant's Estimate. Variations in prices for
materials, which are beyond the Consultant's control, do not constitute misjudgment of
costs.
C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's
representative for administering the terms of the construction contract between City and their
Contractor. Consultant will endeavor to protect the City against defects and deficiencies in
workmanship and materials in work by the Contractor. However, the furnishing of such
project representation will not make Consultant responsible for the construction methods and
procedures used by the Contractor or for the Contractor's failure to perform work in
accordance with the contract documents. Consultant's services will include more specifically
as follows if needed:
assist the City with a preconstruction conference to discuss project details with the
Contractor;
2, make periodic site visits to observe the Contractor's progress and quality of work, and
to determine if the work conforms to the contract documents. The Consultant will
accompany City representatives on visits of the project site as requested;
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3. check shop drawings and review schedules and drawings submitted by the Contractor;
4. reject work not conforming to the project documents;
5. prepare change orders for issuance by the City as necessary and assure that proper
approvals are made prior to work being performed;
6. review wage rates, postings, equal employment opportunity and other related items
called for in the contract documents;
7. inspect materials, review material certifications furnished by Contractor, sample
concrete and other materials as required, and arrange for laboratory testing of samples
by others on a subcontract basis. Independent assurance samples and tests will be
performed by City personnel and such sampling and testing is excluded from the work
to be performed by the Consultant under this contract;
8. maintain progress diary and other project records, measure and document quantities,
and review monthly estimates for payments due the Contractor;
9, be present during critical construction operations, including but not limited to the
following:
a. structure layout;
b. excavation and backfilling;
C. driving of piles;
d. checking of reinforcing steel prior to concrete placement;
e. concrete batching and pouring;
f. placement of girders; and
g. placement of surfacing materials; and
M participate in final inspection, provide the City with project documentation (diaries,
test results, certifications, etc.), and provide as -built plans for the City's records.
ARTICLE II - ADDITIONAL SERVICES
The City reserves the right to request additional work; changed or unforeseen conditions may require
changes and work beyond the scope of this contract. In this event, a supplement to this agreement
shall be executed and submitted for the approval of City prior to performing the additional or
changed work or incurring any additional cost thereof. Any change in compensation will be covered
in the supplement.
ARTICLE III - RESPONSIBILITIES OF CITY
The City will cooperate fully with the Consultant in the development of the project, including the
following:
A. make available all information pertaining to the project which may be in the possession of the
City;
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B. provide the Consultant with the City's requirements for the project;
C. make provisions for the Consultant to enter upon property at the project site for the
performance of his duties;
De examine all studies and layouts developed by the Consultant and render decisions thereon in a
prompt manner so as not to delay the Consultant;
E. designate a City employee to act as City's representative under this contract, such person shall
have authority to transmit instructions, interpret the City's policies and render decisions with
respect to matters covered by this agreement;
F, perform appraisals and appraisal review, negotiate with property owners and otherwise
provide all services in connection with acquiring all right-of-way and easements needed to
construct this project.
ARTICLE IV - PERIOD OF SERVICE
The Consultant will commence work within two weeks after receiving a signed Task Order and
notice to proceed from the City. The phases of work shall be completed in accordance with the
associated Task Order.
The times are exclusive of review time by other agencies and exclusive of time needed to acquire
right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the
Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating
fully the reasons for the request.
ARTICLE V - STANDARDS
The Consultant shall be responsible for working with the City in determining the appropriate design
parameters and construction specifications for the project using good Engineering judgment based on
the specific site conditions, City needs, and guidance provided in the most current version of the City
of Cape Girardeau's Standard Specifications and Drawings. If the project is on MoDOT Right -of -
Way, then the latest version of the Engineering Policy Guide (EPG) and Missouri Standard
Specifications for Highway Construction shall be followed.
ARTICLE VI - COMPENSATION
For services provided under this contract, the City will compensate the Consultant as determined in
the Task Order based on Consultant's Charge Out Rates as determined below:
Charge Out Rates (Hourly Billing Rates by Employee Category) shall include all direct
payroll, general and administrative overhead, specialized equipment costs, payroll taxes,
holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay.
This schedule of Charge Out Rates is effective until January 1, 2018 and may be subject to
revision thereafter. Consultant will submit annually a revised Charge Out Rate sheet. For
budgeting purposes, approximate charge out rates for subsequent years can be assumed to
0
generally increase by 3% annually; however, actual Charge Out Rates in effect during the
development of fees for a specific Task Order will be used provided that task is authorized to
proceed in the calendar year during which it was estimated.
2. Reimbursable costs and additional work incurred by others on a subcontract basis, said costs
are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced
by the subcontractors, only if required and approved by the City.
a. For expenses incurred by Consultant, such as authorized travel and subsistence
(including airfare, food, lodging, automobile rental, commercial services, and other
incidental expenses) payment shall be at the actual cost to Consultant.
b. For document reproduction expenses, long-distance telephone calls and/or facsimile
transmissions, company vehicle usage, testing apparatus rental, computer use, and
other direct expenses, payments shall be based on Consultant's standard rates in effect
at the time such services are employed. Included in Attachment A, "Reimbursable and
In -House Charges", lists rates currently in effect for common direct expenses.
METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be
made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the
City.
Invoices will be submitted monthly. Invoices submitted on or before the 20th
day of any month shall become due and payable on the IOth day of the
following month. Invoices for each Task Order shall be submitted separately.
2. City's Rigl t to ° "itijhold Pa rent. In the event the City becomes informed
that any representations of the Consultant provided in its monthly billing, are
wholly or partially inaccurate, City may withhold payment of sums then or in
the future otherwise due to the Consultant until the inaccuracy and the cause
thereof, is corrected to the City's reasonable satisfaction. The Consultant shall
correct or revise any errors or deficiencies in its designs, drawings or
specifications without additional compensation when due solely to
Consultant's negligent acts, errors, or omissions.
PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment
for the performance of this contract, appropriate credit will be given for any residual value of said
equipment after completion of usage of the equipment.
ARTICLE VII - COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this contract. For breach or violation of this warranty, the City shall
have the right to annul this agreement without liability, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee, plus reasonable attorney's fees.
5
ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, the contract itself, or any Task Order, except as
provided herein, shall be assigned, sublet or transferred without the written consent of the City. The
subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and
performance of the work. The Consultant may engage subcontractors for the purposes of. foundation
borings and tests, abstracts of title, surveying, archaeological studies, and environmental studies, if
required and approved by the City.
ARTICLE IX - PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect
the name and seal of the Professional Engineer endorsing the work. By signing and sealing the Plans,
Specifications, & Estimate submittals, the Engineer of Record will be representing to the City that the
design is meeting the intent of the program. Any review or approval by the City of any documents
prepared by the Consultant and/or its subconsultants including but not limited to the plans and
specifications, shall be solely for the purpose of determining whether such documents are consistent
with City's construction program and intent and shall not be construed as approval of same by City.
No review of such documents shall relieve Consultant of its responsibility for the accuracy,
adequacy, fitness, suitability, and coordination of its work product.
Consultant shall assign only qualified personnel to perform any service concerning the Project. At
the time of execution of the Task Order, the parties will agree on the Project Manager for the Task.
This person shall be the primary contact with the City's Project Manager and shall have authority to
bind Consultant.
ARTICLE X - RETENTION OF RECORDS
The Consultant shall maintain all records, survey notes, design documents, cost and accounting
records, construction records, and other records pertaining to this contract and to the project covered
by this contract, for a period of not less than three years following final payment by City. Said
records shall be made available for inspection by authorized representatives of the City during regular
working hours at the Consultant's place of business.
ARTICLE XI - OWNERSHIP OF DOCUMENTS
Plans, tracings, maps, and specifications prepared under this contract shall be delivered to and
become the property of the City upon termination or completion of work. Basic survey notes, design
computations, and other data prepared under this contract shall be made available to the City upon
request. All such information produced under this contract shall be available for use by the City
without restriction or limitation on its use. If the City incorporates any portion of the work into a
project other than that for which it was performed, the City shall save the Consultant harmless from
any claims and liabilities resulting from such use.
D
ARTICLE XII - TERMINATION
The City may terminate the contract at any time by giving written notice. If the contract is terminated
because the project is abandoned or postponed by the City, the Consultant will be paid for actual time
and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee.
If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of
the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure
completion of the work in such manner as it deems to be in the best interest of the City. A Notice of
Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to
remedy the cause for termination. The Consultant will be responsible for any excess cost in addition
to that provided for in this contract or any damages the City may sustain by reason of the termination
of this contract due to unsatisfactory performances or prosecution. When Consultant services have
been so terminated, such termination shall not affect any rights or remedies of the City against the
Consultant then existing or which may later accrue. Similarly, any retention or payment of monies
due the Consultant shall not release the Consultant from liability.
ARTICLE XIII - DECISIONS UNDER THIS CONTRACT
The City will determine the acceptability of work performed under this contract, and will decide all
questions which may arise concerning the project. The City's decision shall be final and conclusive.
ARTICLE XIV - SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree
that this contract and all contracts entered into under the provisions of this contract shall be binding
upon the parties hereto and their successors and assigns.
ARTICLE XV - COMPLIANCE WITH LAWS
The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations
applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination
clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of
obligations under this contract. Consultant shall further comply with the following state law
requirements:
Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00,
the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and
participation in a federal work authorization program (as defined therein) and shall provide
verification through an affidavit (attached as Attacliment C) that the Consultant (1) does not
knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is
enrolled in a federal work authorization program and provide documentary proof thereof. The
affidavit shall contain the notarized signature of the registered agent, legal representative, or
corporate officer of the Consultant including but not limited to the human resources director or their
equivalent.
Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of
application for any contract provided by a local government provide "affirmative proof that the
7
applicant is a citizen or a permanent resident of the United States or is lawfully present in the United
States." Consultant's affirmative proof must be established through (l) a Missouri driver's license,
(2) any "documentary evidence recognized by the department of revenue when processing an
application for a driver's license," or (2) "any document issued by the federal government that
confirms an alien's lawful presence in the United States." §208.009.3
ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts
or the negligent acts of his employees, agents, or subcontractors. The City shall be entitled to recover
its actual attorneys' fees from Consultant for the City's enforcement of this Agreement.
ARTICLE XVII - INSURANCE
The Consultant shall maintain commercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the Consultant
from claims under Worker's Compensation Acts, claims for damages for personal injury or death,
and for damages to property arising from the negligent acts, errors, or omissions of the Consultant
and its employees, agents and subconsultants in the performance of the services covered by this
Agreement, including, without limitation, risks insured against in commercial general liability
policies.
The Consultant shall also maintain professional liability insurance to protect the City against the
negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible,
arising out of the performance of professional services under this Agreement.
Unless another amount is agreed to by the City based on the circumstances, the Consultant and his
subconsultants shall procure and maintain during the life of this Agreement insurance of the types
and minimum amounts as follows:
Insurance 'Eme
Amount
Worker's Compensation: In full compliance with statutory requirements of
Federal and State of Missouri
Comprehensive General and Professional Liability,
including: Comprehensive Automobile Liability, $414,418 each person
Employer Liability, City's Protective Bodily Injury $2,762,789 each occurrence
Including Death, and City's Protective Property
Damage:
Proof of the above required insurance shall be furnished at such time a Task Order is negotiated. The
City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance
shall be furnished to the City prior to the Consultant commencing the work on this project. The
certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City
reserves the right to adjust the limit coverage requirements in accordance with changes in the
statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as
published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610.
The Consultant shall, upon request at any time, provide the City with certificates of insurance
evidencing the Consultant's commercial general or professional liability policies and evidencing that
they and all other required insurance is in effect, as to the services under this Contract.
Any insurance policy required as specified in this Article shall be written by a company that is
incorporated in the United States of America or is based in the United States of America. Each
insurance policy must by issued by a company authorized to issue such insurance in the State of
Missouri.
ARTICLE XVIII - FINDINGS CONFIDENTIAL
To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by
the Consultant under this contract are confidential, and the Consultant agrees they shall not be made
available to any individual or organization without the prior written approval of the City.
ARTICLE XIX - NONDISCRIMINATION
The Consultant, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color or national origin in the selection
and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of
1964, as amended. More specifically, the Consultant will comply with the regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of the
Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405
which are herein incorporated by reference and made a part of this contract. In all solicitations either
by competitive bidding or negotiation made by the Consultant for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the Consultant's obligations under this contract and the regulations
relative to non-discrimination on the ground of color, race or national origin.
ARTICLE XIX - PERIOD OF SERVICE
This contract shall remain in effect for five years from the date accepted by the City of Cape
Girardeau City Council or until the Capital Improvement Water Systems Projects are completed.
ARTICLE XX - ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A — Charge out rates for 2017, 2018, 2019, 2020, 2021, and 2022
Attachment B — Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
Attachment C — Affidavit of Participation in Federal Work Authorization Program
0
Executed by the Consultant this day of , 20 (`1.
Executed by the City this day of
FOR: CITY OF CAPE GIRARDEAU
Im
ATTEST:
Scott Meyer, City Manager
Bruce Taylor, Deputy City Clerk
FOR: HORNER & SHIFRIN, INC.
BY:
NAME:
Signature
aW%g � F,
Written Name
W
ATTEST:.
20
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ATTACHMENT A
BREAK OUT RATES FOR YEAR-) n 1-7
11
Hourly Billing Rates by Classification
Effective: 6/29/17
API PROFESSIONAL 1
$ 200
GT1 MGR COORDINATOR
$ 88
AT1 CLERICAL 1
$ 99
GT4 COORDINATOR
$ 75
AT4 CLERICAL 3
$ 70
IP1 AVP - GIS/IT/SURVEY
$ 185
AT6 CLERICAL 6
$ 57
IP2 SENIOR GIS/IT PROFESSIONAL
$ 105
BP1 AVP BUILDING SERVICES
$ 189
IT3 GIS/IT ANALYST
$ 90
BP3 SR PM BUILDING SERVICES
$ 175
IT4 GIS ANALYST
$ 82
BP4 SR PM BUILDING SERVICES
$155
ITS GIS ANALYST
$ 60
BP7 PM BUILDING SERVICES
$ 125
SPI VP STRUCTURAL ENGR
$ 200
BT1 PROF DESIGNER BUILDING SERVICES
$ 120
SP2 AVP STRUCTURAL ENGR
$ 185
BT2 SR DESIGNER BUILDING SERVICES
$ 93
SP3 SR PM STRUCTURAL ENGR
$ 155
BT3 DESIGNER BUILDING SERVICES
$ 84
SP5 SR PM STRUCTURAL ENGR
$ 142
BT5 CAD TECH BUILDING SERVICES
$ 70
SP7 PM STRUCTURAL ENGR
$ 127
CP1 DEPT MGR CONST SVCS
$ 130
SP10 PE STRUCTURAL ENGR
$ 99
CP3 PROJ ENGR CONST SVCS
$ 100
SP12 DESIGN ENGR STRUCTURAL ENGR
$ 83
CT2 CONST SVCS TECH 2
$ 110
SP13 ENGR STRUCTURAL ENGR
$ 80
CT5 CONST SVCS TECH 5
$ 80
ST1 PROF DESIGNER STRUCTURAL ENGR
$ 95
CT6 CONST SVCS TECH 6
$ 65
ST3 DESIGNER STRUCTURAL ENGR
$ 84
EP1 VP ENVIRONMENTAL ENGR
$ 200
SU2 PROFESSIONAL LAND SURVEYOR
$ 116
EP2 AVP ENVIRONMENTAL ENGR
$ 175
SU3 PROFESSIONAL LAND SURVEYOR
$ 92
EP3 ENGINEERING MANAGER
$ 166
SU4SURVEY INSTRUMENT TECHNICIAN
$ 78
EP4 SR PM ENVIRONMENTAL ENGR
$ 157
SU5 JR SURVEY TECHNICIAN
$ 62
EP5 SR PM ENVIRONMENTAL ENGR
$ 152
TES2 ENV SCIENTIST TRANS CIV ENGR
$ 140
EP6 PM ENVIRONMENTAL ENGR
$144
TP1 VP TRANS CIV ENGR
$ 200
EP7 PM ENVIRONMENTAL ENGR
$ 131
TP2 AVP TRANS CIV ENGR
$ 175
EP8 SR PE ENVIRONMENTAL ENGR
$ 122
TP3 ENGR MGR TRANS CIV ENGR
$ 169
EP9 PE ENVIRONMENTAL ENGR
$ 108
TP4 SR PM TRANS CIV ENGR
$ 149
EP10 PE ENVIRONMENTAL ENGR
$102
TP5 SR PM TRANS CIV ENGR
$138
EP11 DESIGN ENGR ENVIRONMENTAL ENGR
$ 86
TP6 PM TRANS CIV ENGR
$ 127
EP12 DESIGN ENGR ENVIRONMENTAL ENGR
$ 80
TP7 PM TRANS CIV ENGR
$ 119
EP13 ENGINEER ENVIRONMENTAL ENGR
$ 70
TP8 SR PE TRANS CIV ENGR
$ 109
ET1 PROF DESIGNER ENVIRONMENTAL ENGR
$ 107
TP10 PE TRANS CIV ENGR
$ 96
ET2 SR DESIGNER ENVIRONMENTAL ENGR
$ 91
TP12 DESIGN ENGR TRANS CIV ENGR
$ 87
ET3 DESIGNER ENVIRONMENTAL ENGR
$ 80
TP13 ENGR TRANS CIV ENGR
$ 82
ET4 CAD TECH ENVIRONMENTAL ENGR
$ 64
TP14 ENGR TRANS CIV ENGR
$ 77
ET5 CAD TECH ENVIRONMENTAL ENGR
$ 60
TT1 PROF DESIGNER TRANS CIV ENGR
$ 93
ET6 CAD TECH ENVIRONMENTAL ENGR
$ 57
TT2 SR DESIGNER TRANS CIV ENGR
$ 88
GP2 MANAGER
$ 145
TT3 DESIGNER TRANS CIV ENGR
$ 74
2017A
HORNER� SHIFRIN
Reimbursable Expenses
Effective: 8/10/17
Manhole Inspection Camera
$10 Hour
3D Scanner (Equipment Only)
$45 Hour
Traffic Counters
$60 Each
Mobile Lab / Office
$175 Week
Bridge Inspection Small Tools
$100 Day
Large Format Bond (Monochrome)
$0.25 Square Foot
Large Format Bond (Color)
$0.50 Square Foot
Large Format Photo Glossy (Color)
$3.25 Square Foot
Large Format Specialty (Color)
$3.25 Square Foot
Large Format Mylar
$3.50 Square Foot
Copies Letter/Legal (Monochrome)
$0.10 Each
Copies Letter/Legal (Color)
$0.50 Each
Copies 11 X 17 (Monochrome)
$0.20 Each
Copies 11 X 17 (Color)
$1.00 Each
Manhole Smoker Oil
$0.05 Linear Foot
Mileage
$0.535 Mile
Per Diem
$54 Day
Empty Cylinder Molds
$4 Each
Airfare
Actual Cost+ 10%
Facility Rental (Public Involvement)
Actual Cost + 10%
Mounting of Display Boards
Actual Cost + 10%
Newspaper Advertisements / Legal Notices
Actual Cost + 10%
Outsourced Reproduction
Actual Cost + 10%
Overnight Delivery / Postage / Courier Service
Actual Cost + 10%
Overnight Lodging
Actual Cost+ 10%
Railroad Fees and Expenses
Actual Cost+ 10%
Recording Fees / Courthouse Fees
Actual Cost + 10%
Rented Equipment
Actual Cost + 10%
Specific Insurance (Required for Project)
Actual Cost + 10%
Tolls / Cabs / Mass Transit
Actual Cost + 10%
Traffic Control & Protection
Actual Cost + 10%
Security
Actual Cost + 10%
Survey (Urban) - 1 Person Crew
$110 Hour
Survey (Urban) - 1 Person Construction Staking
$120 Hour
Survey (Urban) - 2 Person Crew
$160 Hour
Survey (Urban) - 2 Person Construction Staking
$160 Hour
Survey (Urban) - Technician
$80 Hour
Survey (Urban) - Professional Land Surveyor
$116 Hour
Survey (Urban) - 3D Scanner and Technician
$155 Hour
Survey (Rural) - 1 Person Crew
$80 Hour
Survey (Rural) - 1 Person Construction Staking
$100 Hour
Survey (Rural) - 2 Person Crew
$110 Hour
Survey (Rural) - 2 Person Construction Staking
$130 Hour
HORNER,eaSHIFRIN
t)
M- M'MZMII WW�TMIXTMI
E�ffective: 8/10/17
Survey (Rural) - Technician $70 Hour
Survey (Rural) - Professional .and Surveyor $99 Hour
Survey (Rural) - 30 Scanner and Technician $135 our
ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
I < By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
2, The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective participant shall submit
an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary participant
to furnish a certification or an explanation shall disqualify such person from participation in
this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
certification in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause of default.
4, The prospective primary participant shall provide immediate written notice to the department
or agency to whom this proposal is submitted if at any time the prospective primary
participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause,
have the meanings set out in the Definitions and Coverage sections of the rules implementing
Executive Order 12549. You may contact the department or agency to which this proposal is
being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or
12
agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
8, A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to check the
Nonprocurement List at the Excluded Parties List System.
https://www. epl s. gov/epi s/search. do?page=A&status=current&agency=69#A.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary
Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it
and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
b, Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
C, Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
13
ATTACHMENT C
AFFIDAVIT OF PARTICIPATION IN
FEDERAL WORK AUTHORIZATION PROGRAM
Comes now, k Al
Oe)"If S (name) as
(office held) first being duly sworn, on my oath, affirm
(Company Name) "Consultant" is enrolled and will continue to participate in a federal work
authorization program in respect to employees that will work in connection with the contracted services
related to Canlital In rov ie nt r a and any incidental items associated with this
work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes
of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is
an unauthorized alien in connection with the contracted services for the duration of the contract, if
awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work
authorization program.
(ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK
AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE
GENERAL CONDITIONS)
In Affirmation thereof, the facts stated above are true and correct (The undersigned
understands that false statements made in this filing are subject to the penalties provided under
Section 575.040, RSMo).
,C /nIAi1 / o /°/Cites
Signature (person with authority) Printed Name
Title
State of Missouri )
r ) ss.
Date
Subscribed and sworn to before me this A/'day of 20L7
0 J, / Notar Public
My commission expires: � y c
owl
VANEVANESSA DAVIS
Notary PukAtc, Notory Seal
Itoe of missolyri
r. oras Corn y
Commission # 15722667
My Commission txires .lune 02, 2021
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Company ID Number. 176989
THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Horner & Shlfrin Inc. (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program (E -Verify). This MOU
explains certain features of the E -Verify program and enumerates specific responsibilities of
DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -
Verify is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts.
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E -Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E -Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E -Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E -Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
Page i of 131E-Veri4- MCU for EmployerlRevision Date 10;29108 wwwAhs.govlE-Verify
erg ��r
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Company ID Number: 176989
To be accepted as a participant in E Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E Verify at 888-464-4218.
Page 11 of 131E -Verify MOU for EmployerlRevis;on Date 10/29/08 wwwxi hs,govIE-Verify
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Page 11 of 131E -Verify MOU for EmployerlRevis;on Date 10/29/08 wwwxi hs,govIE-Verify
Staff: Casey Brunke, P.E., City Engineer
Agenda: 9/18/2017
SUBJECT
A Resolution authorizing the City Manager to enter into a contract with Thomas Industrial Coatings,
Incorporated for the Southern Expressway and Lynwood Hills Bridges Repair.
EXECUTIVE SUMMARY
The locations for the work to be performed under these Contract Documents are the Bridge on Southern Expressway
between Minnesota Avenue and West End Boulvard; and the Bridge on Lynwood Hills, west of State Route W.
The improvements consist of milling off surface asphalt on the Southern Expressway Bridge, half-sole repair, full -
sole repair, bearing, beam cleaning and re -epoxy, and asphalt overlay of the bridge deck. Lynwood Hills Bridge
consists of bearing, beam cleaning, and re -epoxy.
BACKGROUND/DISCUSSION
The project was bid on September 6, 2017 and received two (2) bids. The bids ranged in price from $160,246.00 to
$299,790.00. The low bid was submitted by Thomas Industrial Coatings, Incorporated with a bid of $160,246.00.
All work will be done within existing City right-of-ways or easements.
FINANCIAL IMPACT
The construction contract will be issued to the low bidder, Thomas Industrial Coatings, Incorporated, for the bid
amount of $160,246.00 with funding from the Motor Fuel Tax.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The City is responsible for the routine maintenance of existing City bridges. This requires funding to be allotted for
the cost of this repair work in the City's annual budget.
STAFF RECOMMENDATION
Staff recommends the Council award the Southern Expressway and Lynwood Hills Bridges Repair Project
to Thomas Industrial Coatings, Incorporated.
ATTACHMENTS:
Nairn•ne
M 4
L-1 4253 - Southern Expressway and Lynwood Hills Bridge Repairs
Bid Tab Signed.pd
M Lynwood Hills Bridge Repairpd
M Southern Expressway Bridge Repairpd
Descitiilrwboirn
ResoIILA1i01rn
Agireeirn•neit .. 4233 3eronatheirirn Expressway & Il...yrnwnrood Hills
Bitiidge Repair
f.: ld Talb 4253 3eronAlheirirn Expressway & Il...yrnwnrood Hills
Bitiidge Repair
yrnwnrood Hills IH midge Il...erocadiio n IMalp
3eronAlheirirn Expressway IH midge Repair IMalp
BILL NO. 17-146 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THOMAS INDUSTRIAL
COATINGS, INC., FOR THE SOUTHERN EXPRESSWAY
AND LYNWOOD HILLS BRIDGES REPAIR PROJECT, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Thomas Industrial Coatings, Inc., for the
Southern Expressway and Lynwood Hills Bridges Repair Project.
The Agreement shall be in substantially the form attached hereto
as Exhibit A, which document is hereby approved by the City
Council, and incorporated herein by reference, with such changes
therein as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
CITY OF CAPE GIRARDEAU
Southern Expressway & Lynwood Hills Bridge Repair
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year
2017 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
PROJECT IDENTIFICATION: The locations for the work to be performed under these
Contract Documents are the Bridge on Southern Expressway between Minnesota Ave
and S. West End Blvd; the Bridge on Lynwood Hills west of State Route W.
The improvements consist of milling off surface asphalt on the Southern
Expressway Bridge, half-sole repair, full depth repair, bearing, bents, beam cleaning and
re -epoxy, and asphalt overlay of the bridge deck. Lynwood Hills Bridge consists of bearing,
bents, beam cleaning and re -epoxy
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 Work will be substantially complete within 120 calendar days after the date when the
Contract Times commences to run as provided in paragraph 2.3 of the General Conditions,
and completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 150 calendar days after the date when the Contract Times
commences to run.
A-1
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Nine Hundred dollars ($900.00) for each day
that expires after the time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER Nine Hundred dollars
( 900.00 for each day that expires afterthe time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: One hundred sixty thousand two hundred forty six
dollars and zero cents ($160,246.00)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
P%'
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
95% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
95% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, as agreed to by the OWNER and CONTRACTOR, in
an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract
Price (with the balance being retainage), less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General
Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in paragraph 8) and the other related data identified in the Bidding
Documents, including "technical data".
A-3
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. CONTRACTOR acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement (pages BF- 1 to BF- 8 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC -1 to SC -5 , inclusive).
8.7 Specifications bearing the title Southern Expressway and Lynwood Hills Bridge Repair.
8.8 Drawings.
8.9 Addenda numbers _ to _, inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 8, inclusive) marked exhibit "A"
8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and
participation in a federal work authorization program with respect to the employees
proposed to work in connection with the services requested herein by 1) submitting a
completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing
documentation affirming the bidder's enrollment and participation in a federal work
authorization program with respect to the employees proposed to work in connection with
the services requested herein.
8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
inclusive).
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
M
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or
subcontractors doing work on this project to provide, and require its on-site employees to
complete, a ten (10) hour course in construction safety and health approved by the
Occupational Safety and Health Administration ("OSHA") or similar program approved by
the Missouri Department of Labor and Industrial Relations which is at least as stringent as
an approved OSHA program. The training must be completed within sixty (60) days of the
date work on the project commences. On-site employees found on the worksite without
documentation of the required training shall have twenty (20) days to produce such
documentation.
9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's
Office weekly certified payrolls from the General Contractor and all Subcontractors during
the course of the project. These must be provided on a weekly basis; if no work was done,
then a payroll stating "No Work Done" must be submitted.
_•
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on
Effective Date of the Agreement).
OWNER City of Cape Girardeau
Scott Meyer, City Manager
LM
[CORPORATE SEAL]
Attest
Bruce Taylor, Deputy City Clerk
Address forgiving notices
401 Independence Street
Cape Girardeau, MO 63703
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.
, 20 (which is the
CONTRACTOR Thomas Industrial Coatings Inc.
M
[CORPORATE SEAL]
Attest
Address for giving notices
2070 Highway Z
Pevely, MO 63070
License No.
UVA
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
Page intentionally left blank
CITY OF CAPE GIRARDEAU
Southern Expressway & Lynwood Hills Bridge Repair
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The locations for the work to be performed under these
Contract Documents are the Bridge on Southern Expressway between Minnesota Ave
and S. West End Blvd; the Bridge on Lynwood Hills West of State Route W.
The improvements consist of milling off surface asphalt on the Southern
Expressw4y Bridge, half-sole repair, full -sole repair, bearing, beam cleaning and re -epoxy,
and asphalt overlay of the bridge deck. Lynwood Hills Bridge consists of bearing, beam
cleaning, and re -epoxy.
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition of
Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid
opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the following:
Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)
—* NDNOD A Vr L DN 16 X1111-1
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
BF -1
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. BIDDER acknowledges that such
reports and drawings are not Contract Documents and may not be complete for BIDDER'S
purposes. BIDDER acknowledges that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
the Bidding Documents with respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work for which this Bid is submitted.
Any questions, comments, or concerns regarding the design of this project should be
addressed to Andrew Stone, Project Manager; City of Cape Girardeau at 573-339-
6782.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
BF -2
(i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in
a federal work authorization program with respect to the employees proposed to work in
connection with the services requested herein by
• submitting a completed, notarized copy of AFFIDAVIT OF WORK
AUTHORIZATION and
• providing documentation affirming the bidder's enrollment and participation in a
federal work authorization program with respect to the employees proposed to work
in connection with the services requested herein.
• http;//www.uscis.gov/portal/site/uscis
(j) Bidders are informed that the Project is subject to the requirements of Section
292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the
Project to provide, and require its on-site employees to complete, a ten (10) hour course in
construction safety and health approved by the Occupational Safety and Health
Administration ("OSHA") or similar program approved bythe Missouri Department of Labor
and Industrial Relations which is at least as stringent as an approved OSHA program. The
training must be completed within sixty (60) days of the date work on the Project
commences. On-site employees found on the worksite without documentation of the
required training shall have twenty (20) days to produce such documentation.
BF -3
I
it
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
i
UNIT PRICE BID
NO ITEM
UNIT
EST.
UNIT PRICE
TOTAL EST.
QTY.
PRICE
1 Milling Bridge Deck
SY
840
I
$^ 1�•�0
$ 10•$x{
2 Asphaltic Concrete
Ton
93
$ 11y.00
$ U S�
3 Half -Sole Repair
SF
700
$ y(o.3o
$_
4 Full Depth Repair
SF
100
$ A -K
$ ✓rays
5 Protective Coatings
LS
1
$- 75,oZs
$_
6 Temporary Traffic Control
LS
1
$ ISI -SO
$ �S,bSo
7 Pollution Control
LS
1
lad
2y6• ob
TOTAL BID FOR ALL UNIT
PRICES$
OW 1AWVb?,cP .0X7Y R0&JPo✓,D -A)o f.AAg DRa Four' Six Qou.AZ5
(Written figure)
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within 120 calendar days
after the date when the Contract Times commences to run as provided in paragraph 2.3 of
the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within 150 calendar days after the date when
the Contract Times commences to run.
BF -4
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the time specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
(b) Acknowledgement of any addenda issued.
(c) Exhibit Affidavit of Work Authorization
(d) Exhibit Affidavit of Excessive Unemployment (if applicable)
(e) The E -Verify Program for Unemployment Verification Memorandum of
Understanding http://www.uscis.gov/files/nativedocuments/MOU.pdf
(f) Exhibit Affidavit of OSHA Training
(g) Certification Regarding Debarment, Suspension and Other Responsibility Matters
7. Bidder agrees to submit the following documents within three (3) business days after
the opening of Bids if requested:
(a) BIDDER'S Qualification Statement with supporting data.
8. Communications concerning this Bid shall be addressed to:
Name WILL GAMS
Address 200 HWI 2 riyay Mo 06W
(a) Performance and Payment Bonding Company
Name S.LJ. Tf RRi��
Address gZ5 /dAR VILLI ytn Swat ZGo cotsuatim Mo 43o%'7
Agent\Power of Attorney Name (if used)
Address
9. Terms used in the Bid which are defined in the General conditions or Instructions will
have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on �vttMov 20/-/.
State Contractor License No. c/�Z�32S
BF -5
IF BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By
(Firm Name)
(General Partner)
Business address:
EAL)
(SEAL)
(State of Incorporation)
By DoN 'Ti OWAX ( ��
:1 SE )'
(Name of Person Authorized to Sign)
J ��(' rp L/ Alm"/�*
(7�.sAWL M5�0-1 •
'1
Title
t
'(Secreta)
Business address: 7070 MOVY $
Phone No.:
Date of Qualification to do business is O/kff/
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
I
119W
BREAKDOWN OF WORK FORCE (Required):
The Contractor shall be registered with the Missouri Secretary of State in order to work on
this project.
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
�L774-
rt 77 oN LnAlmol.
It is anticipated that the following subcontractors will be employed for work on this project:
*SUBCONTRACTORS:
(Name of Company)
(Type of Work)
1 /ZAIAAX '7RA6006
4400e -
&A / got -T
1 AFNAtT
fr,Z gefts
T -f RyAIR-S
* All subcontractors shall be registered with the Missouri Secretary of State in order to work
on this project.
Ver�FIHYYIn A bYYrY.M pM.iY1..A
Company ID Number: 860046
THE E -VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and the
Thomas Industrial Coatings (Employer). The purpose of this agreement is to set forth terms and
conditions which the Employer will follow while participating in E -Verify.
E -Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E -Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E -Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E -Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access.
Employers must promptly terminate an employee's E -Verify access if the employer is separated from
the company or no longer needs access to E -Verify.
Page 1 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
VeriF � �^A
Company ID Number: 660045
Approved by:
Employer
Thomas Industrial Coatings
Name (Please Type or Print)
Title
Kandi J Mensing
Signature
Date
Electronically Signed
03/10/2015
Department of Homeland Security — Verification Division
Name (Please Type or Print)
Title
USCIS Verification Division
Signature
Date
Electronically Signed
03/10/2015
Page 13 of 17 E-Verlfy MOU for Employers I Revision Date 06/01/13
Company ID Number: 860045
Information. Required for the E -Verify Program
Information relating to your Company:
Company Name
Thomas Industrial Coatings
Company Facility Address
2070 Highway
Pevely, MO 63070
Company Alternate Address
County or Parish
JEFFERSON
Employer Identification Number
431635176
North American Industry
Classification Systems Code
238
Parent Company
Number of Employees
100 to 499
Number of Sites Verified for
1
Page 14 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
Verif ��4*�
x
Company ID Number: 860045
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
MISSOURI 1 site(s)
Page 15 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
Ver�F a us'aocU
w � r n.er.. wrna utiw un u..
Company ID Number: 860045
Information relating to the Program Adminlstrator(s) for your Company on policy questions or
operational problems:
Name
Christine E Rector
Phone Number
(636) 475 - 3500 ext. 121
Fax Number
(636) 475 - 3512
Email Address
crector@thomasindcoatings.com
Page 16 of 17 E -Verify MOU for Employers i Revision Date 06/01/13
Company ID Number: 860045
Page intentionally left blank
Page 17 of 17 E -Verify MOU for Employers I Revision Date 08/01/13
EXHIBIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW (Name) 001'f 7"aO'4S as (0f6ce Held) WA1162 LAW IAt^vr
of (Company Name/Contractor) 11A°WAr 10nNtrR tAt. (oAOW65 and first being duly sworn, on
my oath, affirm in connection with the contracted services related to SwOw JWOJ wA'r wrj&- •0
WWS 8114W AtdtUZ (Project Name) for the duration of the contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project. The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of Labor and
Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292.675, RSMo.
2. Contractor shall require its on-site employees to complete a construction safety
program within sixty (60) days after the date work on the Project commences, as required by Section
292.675, RSMo.
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will be subject
to removal from the Project.
4. Contractor shall require all of its Subcontractors to comply with the requirements of
Section 292.675, RSMo.
5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall
forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars
($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar
day, or portion thereof, such on-site employee is employed without the construction safety training
required in Section 292.675, RSMo.
6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition
of the penalties described therein shall be investigated and determined by the Missouri Department
of Labor and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred
OSHA - 1
and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and
owing when making payments to Contractor under this Contract.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RS&o.)
(name of
By:
(name of officer of corpo,
DON �soMAs
ATTES -
Secreiai� other officer)
+(SEAL Or;0 50RATION)
C
f
,OF MISSOURI )
ss.
�QUNTY OF CAPE GIRARDEAU )
and title)
0
On this day o , 2017, before me appeared T�l oM CS ,
tonic personally known, who, being by me duly sworn, did say that he/she is the r-2
ofd wn as l ndu-s Wit, I Coc, h n �(J , a Missouri Corporation, and that the seal affixed to the
foregoing instrument is the seal of said Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the day and year first above written.
Notary Public
My Commission Expires: KIM DEGEARE
Notary Public, Notary Seal
State Missouri
ZS
Jefferson County
Commission # 14632245
My Commission Expires December 25, 2018
OSHA - 2
EXHIBIT
AFFIDAyITOF WOS AUTHORIZATION
COMES NOW (Name) �� 'TM4gM1Af as (Office Held
pWNLR (PI1,I laver
of (Company Name/Contractor) 1"WAAI 010011RMt (4thiftS and first being duly sworn, on
my oath, affitro as follows:
1. (Company Name/Contractor) JJJ*N'AS IM�AJIJ.%At. (gynNaS
is enrolled and will continue to participate in a federal work authorization program in respect to
employees that will work in connection with the contracted services related to (Project Name) 5-ft*1W 11clA's-14V f
00.44.0 00) BA40ft 980A% for the duration of the contract in accordance with RSMo
Chapter 285.530(2).
2. -.;I also affitm that (Company Name/Contractor) _lUCOAS (MMMMI CWn-V65 does
not and will not knowingly employ a person who is an unauthorized alien in connection with the
contract services related to (Project Name) *01W 11C U IVAI i WIVV0% Nt o 60061 kffio) for
the duration of the contract
3. Attached hereto is documentation affirming Contractor's enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
FURTHER AFFIANT SArIH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing ate subject to the
penalties provided in Section 575.040, RSMo.)
By:
I 1AA4f-mw ittr
(narA of corpora 'on)
(name of &E& of corporate an e
D0N IKWAAS
(SEAL OF'CORP.OItATION), .
p i ,
4-k r lty d�:
jh
I 1AA4f-mw ittr
(narA of corpora 'on)
(name of &E& of corporate an e
D0N IKWAAS
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
On this day of W 2013 before me appearedo Lis
to me persona&H known, who, being by me duly sworn, did say that he/she is the re s i c4^ t
-- —11 - Ch -u Ino ) WYM I , a Missouri Corporation, and that the seal affixed to the
foregoing instrument is the seal of said Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto.set my hand and affixed my official seal, at
may office in Cape Giratdeau, Missouri, the day and year first above written.
My Commission Expires:
12 -LV -l�(
k�
Notary Public
KIP4 DEGEARE
Notary Public.
Notary Seal
State of Mlssourl
Jefferson County
Co Jefferson
# 14632245
My Commission Explres December 25, 2018
CITY - CAFE
G I R A R D E A U
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
The contractor hereby certifies to the best of its knowledge and belief and that it and its principals
and its subcontractors and their principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal or State department or agency;
(b) Have not within a three (3) year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State or
Local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this subcontract had one or more public
transactions (Federal, State or Local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this
contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false
statement may result in a fine of up to $10,000 or imprisonment for up to five (5) years or
both.
Dors �HoMA! - pw LR (PR£l►D1NT
TypedamJ&'tle of A zed Representative
�11%
Signature o ' uthorized R presentative Dale
❑ I am unable to certify to the above statement. My explanation is attached.
Page intentionally left blank
*,.-....fA1A Document A31OTM -2010
CONTRACTOR:
(Name, legal status and address)
THOMAS INDUSTRIAL COATINGS, INC.
2070 Highway Z
Pevely, MO 63070
OWNER:
(Name, legal status and address)
City Of Cape Girardeau
104 Independence Street
Cape Girardeau, MO 63703
Bid Bond
SURETY:
(Name, legal status and principal place ofbusiness)
This document has
North American Specialty Insurance Company
important legal
P.O. Box 2991
consequences.
Overland Park, KS 66202
Consultation with an
attorney is encouraged
Mail Notices To:
with respect to Its
North American Specialty Insurance Company
completion or
modification.
P.O. Box 2991
Overland Park, KS 66202.1391
Any singular reference to
Contractor, Surety,
Owner, or other party
shall be considered plural
where applicable,
BOND AMOUNT: Five Percent of the Amount Bid ••-••••••---•---- dollars ($ 6% of Amount Bid)
PROJECT: Southern Expressway & Lynwood Hills Bridge Repair
(Name, location or address, and Project number, if any)
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The
conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or
within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the
Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract
Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the
Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for
which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null
and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and
Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension
exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and
Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed
to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision
in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this. Bond shall be
construed as a statutory bond and not as a common law bond.
Signed and sealed this 6th da of September, 2017.
THOMAS IND RIAL C TING i
(principal)
(Witness) W ik T (: fir jar
(Title)
A0310for, oWNiR
a
North American &e-cial Insurance Com an >> yI
Dan
(Surety)
(Seat).
Witness) Amanda L. Williams, Witness
(Till )And rt y me Fact -�
Y
}
Init. AIA Document A310TM— 2010. Copyright 01963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING, This ` )
AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA",'
Document. or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ugder ,, ,'
the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Cobtract
Documents, e-mail The American Institute of Architects' legal counsel, copyright0ala,oro. 061110
State of Missouri
County of St. Louis
On 9/06/2017, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Andrea McCarthy known to me to be Attorney -in -
Fact of
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me
to be the person who executed the said instrument in behalf of said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
j lM
Amanda L. Williams, Notary Public
AMANDA L WILLIAMS
Notary Public— Notary Seal
State of Missouri, St. Louis County
Commission H 13507257
My Commission Expires July 24, 2021
My Commission Expires:
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
ANDREW P. THOME, DANA A. JOHNESSEE, PETER J. MOHS, AMANDA L. WILLIAMS,
DEBRA A. WOODARD, BARBARA BUCHHOLD, MICHAEL D. WIEDEMEIER and ANDREA McCARTHY
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
lav, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of FIFTY MILLION ($50,000,000:00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9'h of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
y��bpved��G4ss`
tY0IJ.1t.
r SEALS
BYcpeP�
Steven P. Anderson, Senior Vice President ofwashingtonInternational Insurance Company
Fr
s�yf •%AMPSr.
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Senior Vice President ofNarth American Specialty Insurance Company
SEAL
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Michael A. IIto BeTp « Irrenaern o seh nglonn ernation�surance o-mpany
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& Senior Met President of North American Specially Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of February 2017 ,
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 2nd day of February , 2017 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito ,
Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance
Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
OFFICVIL SEAL
M KENNY `� —�l
NOTARY PUCLIC,STATE OFIWNOIS M_Konny,Not wPum i
WCOMMINON E)U'IRES 12164/2017
1, Jeffrey Goldberg the duly elected Assistant Secretary of Nor♦h AttLerican Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above aqne and c`orfept copy of a Power of Attomey given by said North
American Specialty Insurance Company and Washington International Inguranoti co'nipanv, w A4.ls still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals•oi toe Cpmpdmes tf k 6 say ofSept ember , 20 17.
.. }, Jeflrgy,Guldbmpg Vice President & Assislam secretary of
.. was�Qn91 International Insurance Company& Norlh American Specially Insurance Company
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Staff: Casey Brunke, P.E., City Engineer
Agenda: 9/18/2017
SUBJECT
A Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Grace Works,
LLC to install an awning at 135 North Main Street.
EXECUTIVE SUMMARY
Grace Works, LLC has requested the City Manager to execute a License and Indemnity Agreement to install an
awning. The awning will project 36 inches over North Main Street right-of-way and have 9 feet of
clearance above the sidewalk. The attached License and Indemnity Agreement sets out the responsibilities,
conditions, and liabilities assumed by Grace Works, LLC if the City allows the use of North Main Street right-
of-way as requested.
STAFF RECOMMENDATION
Staff recommends approval of the attached resolution authorizing the City Manager to enter into a License and
Indemnity Agreement with Grace Works, LLC.
ATTACHMENTS:
Narne: Descriilrrotiion:
❑ Grace Works -135 North Main L I.doc Resollu.&oin
771135 N. Main L I Executed.pdf icense and Ilndeirn•nniily Agreeirn•nend
BILL NO. 17-147 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH GRACE WORKS, LLC, FOR INSTALLATION OF
AN AWNING AT 135 NORTH MAIN STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
License and Indemnity Agreement with Grace Works, LLC, for
installation of an awning over North Main Street right-of-way at
135 North Main Street, in the City of Cape Girardeau, Missouri.
The Agreement shall be in substantially the form attached hereto
as Exhibit "A", which document is hereby approved by the City
Council, and incorporated herein by reference, with such changes
therein as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City", granting Grace Works, LLC, a Missouri Limited Liability Company, hereinafter known as "Licensees",
permission to place certain improvements and conduct certain activities on City property which is located at
135 N. Main Street in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri, the parties
hereto state as follows:
1. The City of Cape Girardeau, Missouri, hereby grants to Licensees a license to place certain
improvements to -wit:
To install an awning. The awning will project 36" over N. Main Street right-of-way and have 9
feet of clearance above the sidewalk.
2. Licensees, and their successors, heirs and assigns all agree as follows:
A. That they will assume all risk of personal injury or death and property damage or loss from
whatever causes arising while any person approaches, enters, uses or leaves the
aforementioned property, which may occur directly or indirectly from the placing of said
improvements or the conduct of such activities on City property.
B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents,
servants and assigns from any liability which might occur from the placing or use of such
improvements or the conduct of such activities.
C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers,
employees, agents and servants from all suits and actions of every name and description
brought against the City, its officers, employees, agents and servants for or on account of any
injuries or damages received or sustained by any parties or alleged to be received or sustained
by any parties or party which may result directly or indirectly from the placing or use of said
improvement or the conduct of such activities on City property.
D. That they will keep said improvements which are placed on the City property in a state of
good repair and will cooperate with the City by making necessary repairs as requested by the
City so as to protect the health and safety of the Citizens.
E. That they will not maintain on the property any hazardous or toxic waste or substances, as
defined under all applicable federal, state and local environmental laws, including, but not
limited to, hazardous waste as defined in the Resource Conservation and Recovery Act of
1976 as amended ("RCR-N), hazardous substances as defined in the Comprehensive
Environmental Response Compensation and Liability Act as amended ("CERCLA") and toxic
substances as defined in the Toxic Substances Control Act as amended ("TSCA"). Any
operations on the property shall not be in violation of any laws, regulations, ordinances,
statutes, orders or decrees of any governmental body; arbitration tribunal or court, including,
without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There shall be no
conduct of business on the property which constitutes a violation of Environmental Laws or
any other laws, regulations, ordinances, statutes, order or decrees of any governmental body.
F Nothing in this agreement or actions of the City in granting permission to place said
improvements or conduct of such activities on the described property shall be construed to
give the Licensee, any irrevocable rights to keep said improvements or activities on such
property. The City Council reserves the right for the City Manager to terminate this
agreement and to order the removal of said improvements and/or the cessation of said
activities in the future at the cost of Licensees, their successors and assigns, for any reason. In
such event, Licensees, or their successors and assigns, agree to remove said improvements and
to cease such activities within thirty (30) days of notice. Should Licensees, or their successors,
heirs or assigns fail to comply with any of the terms of this agreement, the City of Cape
\\Cgi-fileserr\planningshare\LICENSE & INDEMNITY\License & Indemnity Agreement- 2601 Independece Nazarene Church.da
8/30/2017
Girardeau reserves the right to make any repairs or alterations deemed necessary by the City
of Cape Girardeau by giving Licensees, or their successors, heirs or assigns, thirty (30) days
notice and such persons, successors, heirs or assigns hereby agree that they will pay for any
costs incurred by the City for such repairs or alterations. If the Licensee fails to pay for any
costs incurred by the City for such repairs or alterations, in addition to any other remedies the
City may have, the City may also issue tax bills which shall become a lien against the land
owned by the Licensee.
3. This license and the covenants herein contained shall run with the land and inure to and be
binding upon the successors, heirs and assigns of the respective parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this
_day of ,2017.
Scott A. Meyer, City Manager
ATTEST:
Bruce Taylor
Deputy City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 2017, before me appeared Scott A. Meyer, 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 on behalf of
said City by authority of its City Council and acknowledged said instrument to be the free act and deed of
said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office
in Cape Girardeau, Missouri, the day and year first above written.
\\Cgl-fil.s ,\planningshare\LICENSE & INDEMNI'I'1"\1jcense & Indemniq Agmemem- 2601 Indcpendece Nazarene Cl—ch.dnc
8/30/2017
Grace Works, LLC
By:
Its: „
STATE OF Nissan
)
ss.
COUNTY OF NewdrA )
BE IT REMEMBERED, that on this SA day of Ali dus 2017 before me, the
undersigned notary public, personally appeared Paul Caruso, who being by me duly sworn, did state that he is
the authorized representative for Grace Works, LLC, a Missouri Limited Liability Company, and that the
within instrument was executed on behalf of said Grace Works, LLC, a Missouri Limited Liability Company,
and acknowledged that he has executed the same for the purposes therein contained.
IN WITh.ESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last
above written.
\\Cgi-Flleser \planningshare\LICENSE & 1NDE1,[N1TI'\Incense & Ind—nky dg,--,- 2601 Independ— Nazarene Ch—kd-
8/30/2017
w� t. A
tary P lic
My Commission Expires:
30, dig
JENNY SCHERER
Notary Public, Notary Seal
State of Missouri
New Count
Commi s o�nr�# 115636477
My Commission Expires July 30, 2019
\\Cgi-Flleser \planningshare\LICENSE & 1NDE1,[N1TI'\Incense & Ind—nky dg,--,- 2601 Independ— Nazarene Ch—kd-
8/30/2017
LEGAL DESCRIPTION FOR 135 N. MAIN
Tract 1:
Part of Lot No. (4) in Range "D" in the City of Cape Girardeau, Missouri, described as follows:
Commence at the Northeast Corner of Said Lot No. (4); thence South 6 degrees 11'26" West, 24.05
feet, to the place of beginning; thence North 83 degrees 45'03" West, 69.66 feet; thence South 6
degrees 14'57" West,17.73 feet; thence North 83 degrees 45' 03" West, 16.95 feet; thence South 6
degrees 14'57" West, 3.54 feet; thence North 83 degrees 45'03" West, 1.89 feet; thence South 6
degrees 14'57" West, 12.89 feet; thence South 83 degrees 45'03" East, 88.54 feet; thence North 6
degrees 11'26" East, 34.16 feet, to the point of beginning.
Staff: Ryan Shrimplin, AICP - City
Agenda: Planner
9/18/2017
SUBJECT
A Resolution acknowledging receipt of an annexation petition from The Humane Society of Southeast
Missouri, and setting a public hearing regarding the proposed annexation.
EXECUTIVE SUMMARY
The City received an executed annexation petition for a property on Weston Street. The attached resolution
acknowledges receipt of the petition and sets a public hearing for October 16, 2017.
BACKGROUND/DISCUS SION
The Humane Society of Southeast Missouri recently requested City water and sanitary sewer services for a
property on Weston Street, adjacent to its property at 2536 Boutin Drive. The property is outside the city limits
but is contiguous to the boundary. Per the City's Annexation Plan, The Humane Society of Southeast Missouri
was required to execute an annexation petition and an annexation agreement in order to obtain the services. The
executed petition and agreement have been received. Because the property is contiguous to the city limits, the
City may proceed with annexation at this time.
In order to move forward with annexation of the property, the City Council must pass a resolution
acknowledging receipt of the annexation petition and setting a public hearing on the proposed annexation and
zoning of the property. The attached resolution acknowledges receipt of the petition and sets a public hearing
for October 16, 2017.
STAFF RECOMMENDATION
Staff recommends approval of the resolution acknowledging receipt of an annexation petition from The
Humane Society of Southeast Missouri, and setting a public hearing regarding the proposed annexation for
October 16, 2017.
ATTACHMENTS:
Ll Ackknowledge Humane Society Annex.doc
71 Annexation Petition- -e
HUrn•nai ne Socha; y fflesu of n Sd) Ai i flexaUoi fl IFleUtoi
HUrn•nai ne Socha; y ffla;sof n Sd) I Ialp
BILL NO. 17-148
RESOLUTION NO.
A RESOLUTION ACKNOWLEDGING RECEIPT OF AN
ANNEXATION PETITION FROM THE HUMANE SOCIETY OF
SOUTHEAST MISSOURI, AND SETTING A PUBLIC HEARING
REGARDING THE PROPOSED ANNEXATION
WHEREAS, a Petition for voluntary annexation has been
presented to the City Council of Cape Girardeau, Missouri,
requesting that certain property be annexed into the City of
Cape Girardeau, Missouri; and
WHEREAS, the Petition has been presented in accordance with
Chapter 71.012 Revised Statutes of Missouri, which statute
provides for voluntary annexation upon request of the affected
property owners; and
WHEREAS, it is the desire of the City Council of Cape
Girardeau, Missouri, to consider whether such areas should be
annexed into the City of Cape Girardeau.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. That the City Council of Cape Girardeau,
Missouri, hereby accepts and receives a Petition for voluntary
annexation of certain real estate, described as follows:
All of Lots Twelve (12) and Thirteen (13) of Amended
Subdivision Plat of "LaCroix Industrial Park" as shown
in plat recorded in Plat Book 15 at Page 38, land
records of Cape Girardeau County, Missouri.
ARTICLE 2. Be it further resolved that in accordance with
Chapter 71.012 RSMo it is now ordered that a public hearing be
set for October 16, 2017, at which hearing any interested
person, corporation or political subdivision may present
evidence regarding the proposed annexation.
ARTICLE 3. It is further resolved that notice of said
public hearing be published in a newspaper of general
circulation qualified to publish legal matters not less than
seven (7) days prior to October 16, 2017.
PASSED AND ADOPTED THIS DAY OF , 2017.
I
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
I Illlllllllllll''llfl
8 1 8 4 9 2 6
Tx: 4106180
DOCUMENT#
2017-09894
ANDREW DAVID BLATTNER
2
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
0813112017 1-43-52 PM
REC FEE- 27.00
PAGES�2
Title of Document: Annexation Petition
Date of Document: August 29, 2017
Grantor(s) Name & Address: The Humane Society of Southeast Missouri
2536 Boutin Drive
Cape Girardeau, MO 63701
Grantee(s) Name & Address: City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63703
1 11 11 1 1 1 1
IN RE: ANNEXATION
THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, Petitioner.
PETITION FOR ANNEXATION
1. Comes now The Humane Society of Southeast Missouri, a Missouri Nonprofit Corporation, and states that it is
the owner of all fee interest of record of the following described real property, being in Cape Girardeau County,
Missouri:
All of Lots Twelve (12) and Thirteen (13) of Amended Subdivision Plat of "LaCroix Industrial
Park" as shown in plat recorded in Plat Book 15 at Page 38, land records of Cape Girardeau
County, Missouri.
2. The Humane Society of Southeast Missouri does hereby petition to have the above described real property
annexed to and included within the city limits of the City of Cape Girardeau, Missouri.
3. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent owners, their
heirs, executors, administrators, successors, assigns, and legal representatives. It is understood that this
instrument will be recorded in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri and
shall be of record.
WHEREFORE, The Humane Society of Southeast Missouri agrees that the City Council of the City of Cape
Girardeau, Missouri, should extend the city limits of the City of Cape Girardeau, Missouri, by ordinance to include
the above described real property, taking whatever action necessary to facilitate said annexation so as to include
said real property within the city limits of the City of Cape Girardeau, Missouri.
IN WITNESS WHEREOF, the undersigned has executed this Petition on this day of 6i "
2017. '
THE HUMANE SOCIETY OF SOUTHEAST MISSOURI
r
Charlotte Craig, President o%t e Board
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this " day of q%t , 2017, before me, the undersiened notary
public, personally appeared Charlotte Craig, who, being by me duly sworn, did state that she is the President of the
Board for The Humane Society of Southeast Missouri, a Missouri Nonprofit Corporation, and that she is authorized
to execute the foregoing instrument on behalf of said Corporation, and acknowledged said instrument to be the free
act and deed of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County
aforesaid, the date first above written.
Name/My Commission Expires: ' v , 5r ,,�Od0
BRENDA S. PHILLIPS
Notary Public - Notary Seal
STATE OF MISSOURI
Commissioned for Cape Girardeau County
My Commission Expires: December 5, 2020
Commission # 12546525
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CITYOf CAPE
@' G I R A R D E A U
Created by: Development Services
Carol Peters
August 31, 2016
Anna E. Kangas, AIA, LEED AP
Staff: BD+C, Building & Code
Agenda: Enforcement Manager
9/18/2017
SUBJECT
A Motion to Accept Improvements and Authorize Final Payment to Penzel Construction Co., Inc. for the
construction of the Fire Station #2 Annex located at 378 S Mt. Auburn Road
EXECUTIVE SUMMARY
The project consisted of construction of a 4 -bay annex building, which provided space for fire
apparatus maintenance and associated office and storage space. The work included site work, foundations,
footings, structural slabs, concrete block, MEPFP, finishes and all other appurtenances as specified in the bid
documents.
BACKGROUND/DISCUSSION
Bids were taken on September 1, 2016. Two (2) contractors responded with bids ranging from $1,539,000.00 to
$1,259,000.00. The low bid was submitted by Penzel Construction Company Inc.
The Engineer's estimate was $1,152,299.00. Sufficient funding was available via the Fire Sales Tax to move
forward with the project.
FINANCIAL IMPACT
Funding for this project is provided by the Fire Sales Tax.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
The annex building provides area for maintenance of fire apparatus, storage of fire department equipment, and a
fitness facility. In addition, while the main building at Fire Station #2 was undergoing renovations, the Annex
served as temporary residence for the firefighters.
STAFF RECOMMENDATION
Staff recommends the City Council accept the improvements and authorize final payment in the amount of
$57,312.07 to Penzel Construction Company Inc. for the construction of the Fire Station #2 Annex.
ATTACHMENTS:
IN a rn•ne: Desciril 1pHoi n:
No AaaclhirneinIts Available
Staff: Casey Brunke, P.E., City Engineer
Agenda: 9/18/2017
SUBJECT
A Motion to accept Improvements and authorize Final Payment to Eastern Missouri Industries, Inc., for the
Fiber Optic Line to serve the Indoor Sports Complex, in the City of Cape Girardeau, Missouri.
EXECUTIVE SUMMARY
As a part of the construction of the Indoor Sports Complex the installation of a Fiber Optic Line was needed.
The project consisted of running 1'/z" conduit, with tracer wire, from N. Kingshighway to the new Cape
Girardeau Indoor Sports Complex, installing pull boxes at locations shown on the plans, pulling 6 strand fiber
optic cable through the 1'/z" conduit, and furnishing and installing terminations at the Water Tower and inside
the Cape Girardeau Indoor Sports Complex to produce a complete and functional working system. The
work was located along Limbaugh Lane, north of Kingshighway, within the City of Cape Girardeau, Missouri.
BACKGROUND/DISCUS SION
See Engineer's Final Report.
FINANCIAL IMPACT
The construction cost for the Fiber Optic Line for the Cape Girardeau Indoor Sports Complex was $45,435.55
and was funded by the General Capital Improvement Fund.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Facilities supported by collection of the hotel/motel/restaurant tax have resulted in tremendous economic impact
and opportunities related to tourism and business attraction to the Cape Girardeau region. These include the
Show Me Center, the Osage Centre, the Shawnee Park Sports Complex, and the River Campus. The new
facility is designed to increase sports tourism thereby increasing hotel/motel/restaurant tax and boosting the
local economy.
STAFF RECOMMENDATION
Staff recommends the Council accept, by motion, the improvements as indicated and approve the final payment
of $45,435.55 to Eastern Missouri Industries, Incorporated.
ATTACHMENTS:
f.inglline ir's If iii all IFia;lport
CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
September 14, 2017
Engineer's Final Report on the Fiber Optic Line for the Indoor Sports Complex
To the City Manager
Of the City of Cape Girardeau, Missouri
Dear Sir:
I hereby report that Fiber Optic Line for the Indoor Sports Complex, located at 2526 Jim Drury
Way has been completed by Eastern Missouri Industries, Incorporated. The work consisted of
running 1'/z" conduit, with tracer wire from N. Kingshighway to the new Indoor Sports Complex,
installing pull boxes at several locations, pulling 6 strand fiber optic cable through the 1'/z"
conduit, and furnishing and installing terminations at the Water Tower and inside the Indoor
Sports Complex.
The original contract time was sixty (60) calendar days for substantial completion and ninety
(90) calendar days for final completion. The contractor met these deadlines.
The original contract amount was $40,190.00. Change Order 41 was an add-on from the
construction of the parking lot project at Arena Park. The conduit was needed to relocate electric
utilities before work could begin on this project. This work added $4,781.25 to the original
contract amount. Change Order 42 and Final added 198 LF of 6 Strand Fiber Optic Cable to
establish a network at the new Annex at Fire Station 42. This additional work cost $564.30,
bringing the new construction total to $45,435.55.
The computed cost of said improvements is as follows:
NO ITEM UNIT QUANTY
6 Strand Fiber Optic Cable
1 OR 12 Strand Fiber Optic LF 4100
Cable
2 1'/2" Conduit including Tracer LF 3300
Wire
3 3'x 4' Fiber Pull Box Each 2
Terminations inside Water
4 Tower and Indoor Sports LS
Complex
Change Order #1
CO 5 3" Underground Electric LS
Conduit Installation
UNIT PRICE TOTAL PRICE
$2.85 $11,685.00
$6.85 $22,605.00
$1,400.00 $2,800.00
$3,000.00 $3,000.00
$4,781.25 $4,781.25
Engineer's Final Report
Fiber Optic Line for Indoor Sports Complex
September 14, 2017
Page 2 of 2
Change Order #2
Item 6" Strand Fiber Optic Cable LF 198
#1
TOTAL CONTRACT AMOUNT:
LESS PREVIOUS PAYMENTS $0.00
AMOUNT DUE THE CONTRACTOR $45,435.55
DESIGN ENGINEERING COSTS
CONSTRUCTION ENGINEERING/INSPECTION COSTS
OTHER COSTS
TOTAL PROJECT COSTS
$2.85 $564.30
$45,435.55
$3,147.83
$129.35
$989.38
$49,702.11
On April 12, 2016, one (1) bid for this work was received. The bid submitted by Eastern
Missouri Industries, Inc. was for $40,090.00 which was below the Engineers Estimate of Cost of
$49,000.00. By Resolution No. 2985 passed and approved on April 18, 2016, the City Manager
was authorized to enter into a contract with the sole bidder, Eastern Missouri Industries, Inc. for
the bid amount of $40,090.00. A total of two (2) Change Orders were added during the course of
the project which increased the contract amount by $5,345.55 for a construction contract total of
$45,435.55.
Sincerely,
�Met?G-U,rde-'
Casey Brunke, P.E.
City Engineer
CB/kj
Fiber Optic Line for Indoor Sports Complex Project #6188A
Project Reference Codes:
3007014-71140-CO023 Building
1607010-71160-4247 Arena Park
3003030-71150-6184 Fire Station #2 Annex
Purchase Order No. P 162990
401 Independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F: 573.339.6303
Anna E. Kangas, AIA, LEED AP
Staff: BD+C, Building & Code
Agenda: Enforcement Manager
9/18/2017
SUBJECT
A Motion to Accept Improvements and Authorize Final Payment to Penzel Construction Company, Inc. for a new
Indoor Sports Complex located at 2526 Jim Drury Lane.
EXECUTIVE SUMMARY
On September 1, 2015, by Resolution 2916, the City approved a Development Agreement with Midamerica Hotels
Corporation related to the development of the facility. The Development Agreement called for the City to enter into an
Agreement for Professional and Construction Services with Midamerica and Penzel Construction to design and build a
turnkey indoor sport facility.
BACKGROUND/DISCUSSION
These improvements were inspected by the City's Development Services Department, and are ready for acceptance into
the City's systems.
FINANCIAL IMPACT
The total cost of this project was $12,689,566.62. The original contract price was $12,000,000 for a 120,000 square
foot facility with two indoor soccer fields, six basketball courts/twelve volleyball courts, batting cages, offices, meeting
space, kitchen and concession area, storage area, parking and stormwater improvements. Five change orders were
authorized during construction for the construction of Jim Drury Way and associated infrastructure between Limbaugh
Lane and the Veteran's Memorial Drive, upgrading parking lot from asphalt to concrete, emergency power
modifications, and other minor enhancements in the facility including IT wiring, casework, and concession
improvements.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Facilities supported by collection of the hotel/motel/restaurant tax have resulted in tremendous economic impact and
opportunities related to tourism and business attraction to the Cape Girardeau region. These include the Show Me
Center, the Osage Centre, the Shawnee Park Sports Complex, Cape Splash and the River Campus. This new facility is
designed to increase sports tourism thereby increasing hotel/motel/restaurant tax and boosting the local economy.
STAFF RECOMMENDATION
Staff recommends the Council accept the improvements completed by Penzel Construction Company, Inc. for the
design and construction of the new Sports Complex.
ATTACHMENTS:
Nairne: [: esciriilCpdioi n:
No AUaclrnirn•neirft Available
Staff: Ryan Shrimplin, AICP - City
Agenda: Planner
9/18/2017
SUBJECT
An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri,
regarding shipping containers.
EXECUTIVE SUMMARY
The attached ordinance amends several sections of Chapter 30 of the Code of Ordinances to establish
regulations for shipping containers. A public hearing on the original amendment was held on September 5,
2017. At the request of the Planning & Zoning Commission, the City Council tabled the first reading of the
ordinance approving the amendment. The amendment has been revised to reflect the intentions of the Planning
& Zoning Commission, which the Commission has reviewed and passed a motion recommending approval.
BACKGROUND/DISCUS SION
At the September 5, 2017 City Council meeting, the City Council tabled the first reading of an ordinance
amending several sections of Chapter 30 of the Code of Ordinances to establish regulations for shipping
containers. The Planning & Zoning Commission requested additional time to revisit the amendment, which was
recommended for approval by the Commission at its August 9, 2017 meeting. The Commission reviewed a
revised amendment at its September 13, 2017 meeting and passed a motion recommending approval.
The revised amendment contains a table in Section 30-402 that regulates the use of one (1) or more shipping
containers on a property based on the intended use and time frame. Per the table, the use of one (1) or more
shipping containers for a dwelling is prohibited in all zoning districts, regardless of time frame. For other uses,
the regulations depend on whether the intended use is a principal use or an accessory use, and whether the
shipping containers will be used in the short term (12 consecutive months or less) or long term (more than 12
consecutive months). As with the original amendment, the use of one (1) or more shipping containers on a
property for an accessory use for a short term is permitted by right in all zoning districts (excluding a dwelling).
A special use permit is required to do the same for a long term. The loophole provision (requiring a special use
permit to place shipping containers for short term accessory use back on a property within 6 consecutive months
of being removed from the property) was also kept, along with the exemption from the 12 consecutive month
time limit for shipping containers used as an accessory use to a construction project. The various corrections
and clarifications not related to shipping containers were kept as well.
The proposed definition of "shipping container" includes whole containers as well as parts of containers.
STAFF RECOMMENDATION
The staff report to the Planning and Zoning Commission recommended approval of the revised amendment.
BOARD OR COMMISSION RECOMMENDATION
The Planning and Zoning Commission, at its September 13, 2017 meeting, recommended approval of the
revised amendment by a vote of 8 in favor, 0 in opposition, and 0 abstaining.
PUBLIC OUTREACH
The City Council's public hearing was advertised in the Southeast Missourian on August 20, 2017.
ATTACHMENTS:
IN a rn e : Descirilpfiam
❑ Chapter 30 Shipping Containers 2017.doc Ordinance
EI.Chapter 30 Amendment Regarding Shipping Containers - September 13 2017 Revised ChalpIteir 30 Airn•nendirn•nent Regairdling
(Simplified).pdf Shippling CoinItalineirs
❑ Shipping Container Matrix - Cne Page Crig. evised.pdf Corn•nlpariison of Tables
BILL NO. 17-141
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING SHIPPING CONTAINERS
Article 1. Section 30-105 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows:
Sec. 30-105. - Definitions.
Words or phrases in this chapter shall be interpreted
so as to give them the same meaning as they have in
common usage. However, for the purpose of this
chapter, the following terms shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Accessory structure. A detached subordinate building,
the use of which is incidental to and customary in
connection with the principal building or use and
which is located on the same lot with such principal
building or use, and which is greater than one hundred
fifty (150) square feet in size.
Accessory use. A subordinate use which is incidental
to and customary in connection with the principal
building or use, and is located on the same lot with
such principal building or use.
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1
Accessory Strucfur¢
PrincipaBuilding
Building Line
Agricultural use. The use of land for agricultural
purposes, including farming, dairying, pasturage,
agriculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry and the necessary
accessory uses for packing, treating, or storing the
produce. The operation of any such accessory uses
shall be secondary to normal agricultural activities.
Alley. A thoroughfare which affords only a secondary
means of access to abutting property.
Alteration. Any act or process changing one (1) or
more of the exterior architectural features of a
structure, including, but not limited to, the
erection, construction, reconstruction, or removal of
any structure.
Animal feeding operation (AFO). Animal feeding
operations (AFO) as defined by Environmental
Protection Agency Regulations; includes agricultural
operations where animals are kept and raised in
confined situations. AFO congregate animals, feed,
manure and urine, dead animals, and production
operations on a small land area. Feed is brought to
the animals rather than the animals grazing or
otherwise seeking feed in pastures, fields, or on
rangeland.
Antenna. Any exterior transmitting or receiving device
mounted on a tower, building or structure and used in
communications radiating or capturing electromagnetic
waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless
telecommunications signals or other communication
signals. This term shall exclude any receive -only home
television antenna.
Bed and breakfast. An owner -occupied, single-family
detached dwelling containing one or more rooms offered
to overnight guests, whose paid accommodations include
breakfast.
Bedroom. A sleeping room as defined in section 7-361
of the City Code.
Board of adjustment. The board established pursuant to
section 30-204 of this chapter.
Bufferyard. A landscaped area intended to separate and
partially obstruct the view of two (2) adjacent land
I
uses or properties from one another, and to block out
noise, lights or other nuisances.
E
roperty Line
q
Bufferyard
Building. Any structure designed or intended for the
support, enclosure, shelter, or protection of persons,
animals, or property.
Building coverage. The horizontal area measured within
the exterior walls of the ground floor of all
principal and accessory buildings on a lot divided by
the gross area of the lot.
Building, height. The vertical distance from the
average grade to the highest point of the coping of a
flat roof or to the deckline of a mansard roof or to
the mean height level between eaves and ridge for
gable, hip, and gambrel roofs, excluding elevator
shafts and equipment.
3
D
' 12 Total
Height
112
Gable Roof lBuil ing
Height
Ave rge grade
Canopies. An independent, ground -supported, roofed
structure with totally open sides.
Carport. A roofed structure providing space for the
parking of vehicles which is open on not less than two
(2) sides.
Certificate of appropriateness. A certificate issued
by the Cape Girardeau Historic Preservation Commission
authorizing an alteration, construction, removal or
demolition affecting a defined feature described and
delimited in the designation of a local historic
district or landmark.
City manager. The city manager of the City of Cape
Girardeau, Missouri, or his or her designee.
Cluster subdivision. A development design technique
concentrating buildings in specific areas on a site to
allow the remaining land to be used for recreation,
common open space, and preservation of environmentally
sensitive features.
I
D
24 Conventional Lots
No Open Space
Open
Space
24 Clustered Lots
50% Open Space
Commercial recreation facility. A commercial facility
providing a recreation activity such as billiards,
bowling, miniature golf, video games, bouncing on
trampolines or inflatable surfaces, or other activity
of a similar nature. This term shall not include an
amusement park, casino or other gambling facility, or
venue of a sporting event.
Concentrated animal feeding operations (CAFO).
Concentrated animal feeding operations (CAFO) as
defined by Environmental Protection Agency
Regulations.
Construction. The act of adding to an existing
structure or the erection of a new principal or
accessory structure on a lot or property.
Conversion. The alteration or adaptive reuse of a
structure to accommodate uses for which it was not
originally designed or constructed. Examples include,
but are not limited to, converting a warehouse into a
restaurant, or converting an office building into
residential apartments.
Council. The city council of the City of Cape
Girardeau, Missouri.
Day care, commercial. A non-residential building, in
which care is provided for people who cannot be fully
independent, such as children or elderly people, for
only part of the day.
5
Day care, home. An owner -occupied dwelling, in which
care is provided for people who cannot be fully
independent, such as children or elderly people, for
only part of the day.
Demolition. As it pertains to a landmark or historic
district means any act or process which affirmatively
destroys, in part or in whole, a landmark or a
structure within a historic district, or which
affirmatively threatens to destroy a landmark or a
structure within a historic district.
Density. The number of dwelling units per acre.
Designation, historic. The identification and
registration of properties meeting the criteria
established by the city or the state for the
preservation of significant historic and prehistoric
resources within the city.
District. A section of the city for which the
regulations governing the use of buildings and
premises, the height of buildings, the size of yards,
and the intensity of use are uniform.
Dock. The location in the City of Cape Girardeau
authorized under RSMo § 313.800 et seq., where an
excursion gambling boat moors for the purpose of
embarking passengers for and disembarking passengers
from a gambling excursion; or where an excursion
gambling boat is continuously docked; or where a
floating facility for gambling purposes is more or
less continuously moored; or where pleasure or fishing
boats are moored for any period of time.
Drive-thru facility. A facility consisting of at least
one ordering window or station with a designated lane,
providing goods or services to customers while in
their vehicles without having to park.
Duplexes. See "Dwelling, two-family."
Dwelling. Any building or portion thereof which is
designed and used exclusively for residential
purposes.
Dwelling, multifamily. A building having
accommodations for and occupied exclusively by more
than two (2) families with no more than two (2)
unrelated persons per bedroom.
I
Dwelling, single-family. A building having
accommodations for and occupied exclusively by one (1)
family.
Dwelling, two-family. A building having accommodations
for and occupied by two (2) families.
Exterior architectural appearance. The architectural
character and general composition of the exterior of a
structure, including, but not limited to, the kind,
color and texture of the building material, and the
type, design and character of all windows, doors,
light fixtures, and signs.
Excursion gambling boat or floating gambling facility.
A boat, ferry, barge, or similar structure licensed by
the Missouri Gaming Commission on which gambling games
are allowed.
Family.
a. One (1) or more persons related by blood,
marriage, adoption or custodial relationship living as
a single housekeeping unit, plus up to two (2)
domestic servants; or
b. Three (3) or fewer unrelated persons, including
any domestic servants, living as a single housekeeping
unit; or
C. Two (2) unrelated persons, plus their biological,
adopted or foster children or other minors, for whom
they have legally established custodial
responsibility, plus up to two (2) domestic servants,
living as a single housekeeping unit.
The term "family" shall not be construed to mean a
fraternity, sorority, club or institutional -group.
Farming activity. Any activity directly associated
with the growing and harvesting of crops or the
raising of livestock. This term shall not include a
commercial feedlot, stockyard or other confinement
operation, or commercial slaughterhouse.
Fence. Any artificially constructed barrier of any
material or combination of materials erected to
enclose or screen areas of land.
Floor area ratio (FAR). The gross floor area of all
buildings on a lot divided by the lot area on which
the building or buildings are located.
7
D
Building �. Q. FAR
Area )
2.6 FAR.
Foster home. A private dwelling licensed by the State
of Missouri to provide foster care to seven (7) or
fewer children who are not related to the foster
parent(s) by blood, marriage, or adoption.
Freight terminal. A centralized facility for the mass
loading and unloading of freight to and from trucks,
railcars, barges, aircraft, or other freight
transportation systems.
Frontage. The lot line abutting a street right-of-way.
The frontage of a lot abutting more than one (1)
street shall be calculated separately for each street.
Funeral home. An establishment in which the deceased
are prepared for burial or cremation and in which
wakes and funerals may be held.
Gambling excursion. The time during which gambling
games may be operated on an excursion gambling boat or
floating facility whether docked or during a cruise.
Garage, private. An accessory building or portion of a
main building, or part thereof, designed or used for
the storage of vehicles owned and used by the
occupants of the building.
Governmental facility. A facility operated by or for a
governmental entity.
Heavy manufacturing and industrial facility. A
facility engaging in one (1) or more of the following
activities: the extraction, processing, or bulk
storage of raw or hazardous materials; the
manufacturing, fabrication, assembly, printing,
packaging or shipping of products or materials; or the
testing, cleaning, servicing, repair, or storage
thereof. This term shall not include a foundry,
smelter, steel mill, sulfur plant, rubber reclamation
plant, commercial slaughterhouse, meat packing or
rendering facility, or any facility producing or
processing explosives or flammable gases or liquids.
Historic district, local. An area designated as a
"local historic district" by ordinance of the city
council, pursuant to section 30-352 of this chapter.
Historic landmark, local. A property or structure
designated as a "local historic landmark" by ordinance
of the city council, pursuant to section 30-352 of
this chapter.
Hobby farm. A small farm operated for pleasure rather
than for income.
Home occupation. Any activity, whether or not for
financial gain, conducted in or directed from a
residential dwelling unit by one (1) or more family
members residing within that dwelling unit.
Home for physically, mentally, or developmentally
disabled people. A dwelling occupied by eight (8) or
fewer physically, mentally, or developmentally
disabled people, with up to two (2) additional people
acting as house parents or guardians who need not be
related to each other or any of the residents.
Hospital. A facility providing emergency or inpatient
medical care for sick or injured people.
Hotel. Any structure, or building, under one (1)
management, which contains a room or rooms furnished
for the accommodation or lodging of guests, with or
without meals being provided, and kept, used,
maintained, advertised or held out to the public as a
place where sleeping accommodations are sought for pay
or compensation to transient guests or permanent
guests.
Infill development. New construction on vacant or
underutilized parcels of land, or clearance and
redevelopment to replace dilapidated or deteriorated
structures.
I
Kennel. An establishment licensed to operate a
facility housing dogs, cats, or other household pets
and where grooming, breeding, boarding, training, or
selling of animals is conducted as a business, or by a
not-for-profit organization.
Light manufacturing and industrial facility. A
facility engaging in one (1) or more of the following
activities: the manufacturing, fabrication, assembly,
printing, packaging or shipping of products or
materials; or the testing, cleaning, servicing,
repair, or storage thereof. This term shall not
include any facility engaging in the extraction,
processing, or bulk storage of raw or hazardous
materials, or any of the following: foundry, smelter,
steel mill, sulfur plant, rubber reclamation plant,
commercial slaughterhouse, meat packing or rendering
facility, or any facility producing or processing
explosives or flammable gases or liquids.
Loading space. A space on the lot accessible to an
alley or street, not less than ten (10) feet in width,
twenty (20) feet in depth and ten (10) feet in height.
Lot. A parcel of land occupied or intended for
occupancy by a use permitted in this chapter,
including the open spaces and parking spaces required
by this chapter, and having its principal frontage
upon a public or private street.
10
D
7
Lot, corner. A lot abutting upon two (2) or more
streets at their intersection.
Lot, depth of. The mean horizontal distance between
the front and rear lot lines.
Lot, interior. A lot other than a corner lot.
Lot of record. A lot which is a part of a subdivision,
the map of which was recorded in the office of the
county recorder; or a parcel of land, the deed to
which was recorded in the office of the county
recorder, prior to the original adoption of this
ordinance on December 20, 1967.
Manufactured business unit (mobile business unit). A
factory -built structure or structures which, in the
traveling mode, is eight (8) body feet or more in
width or forty (40) body feet or more in length, or,
11
Corner Interior
Corner
Lot Lot
Lot
Interior; Flag ;
Through: Interior
ILot Lok
Leat Lot
Corner Interior
; Corner
Lot Lot
Lot j
7
Lot, corner. A lot abutting upon two (2) or more
streets at their intersection.
Lot, depth of. The mean horizontal distance between
the front and rear lot lines.
Lot, interior. A lot other than a corner lot.
Lot of record. A lot which is a part of a subdivision,
the map of which was recorded in the office of the
county recorder; or a parcel of land, the deed to
which was recorded in the office of the county
recorder, prior to the original adoption of this
ordinance on December 20, 1967.
Manufactured business unit (mobile business unit). A
factory -built structure or structures which, in the
traveling mode, is eight (8) body feet or more in
width or forty (40) body feet or more in length, or,
11
when erected on-site, contains three hundred twenty
(320) or more square feet, equipped with the necessary
service connections and made so as to be readily
movable as a unit or units on its or their own running
gear and designed to be used for nonresidential
purposes with or without a permanent foundation, and
which may be moved from time to time.
Manufactured business units (mobile business units)
are those factory -built structures manufactured under
the authority of the Federal Manufactured Home
Construction and Safety Standards Acts, effective June
15, 1976, and must carry a seal of approval of the
U.S. Department of Housing and Urban Development (HUD)
as required by the Missouri Public Service Commission.
This term shall also include units defined as above if
such units are in two (2) or more separately towable
components designed to be joined into one (1) integral
unit capable of being again separated into components
capable of repeated towing and includes two (2) or
more manufactured business units joined into a single
business unit which are kept on separate chassis for
repeated towing.
Manufactured home (mobile home). A factory built
structure or structures which, in traveling mode, is
eight (8) body feet or more in width or forty (40)
body feet in length, or, when erected on-site,
contains three hundred twenty (320) or more square
feet, equipped with the necessary service connections
and made so as to be readily movable as a unit or
units on its or their own running gear and designed to
be used as a dwelling unit or units with or without a
permanent foundation, and which may be moved from time
to time.
Manufactured homes (mobile homes) are those factory -
built structures manufactured under the authority of
the Federal Manufactured Home Construction and Safety
Standards Act, effective June 15, 1976, and must carry
a seal of approval of the U.S. Department of Housing
and Urban Development (HUD) as required by the
Missouri Public Service Commission.
This term shall also include units defined as above if
such units are in two (2) or more separately towable
components designed to be joined into one (1) integral
unit capable of being again separated into the
12
components capable of repeated towing and includes two
(2) or more manufactured home units joined into a
single residential unit which are kept on separate
chassis for repeated towing.
Manufactured home (mobile home) park. A parcel of land
which has been developed for the placement of more
than one (1) manufactured home (mobile home).
Microbrewery. A business whose primary activity is the
brewing and selling of beer, with an annual production
of ten thousand (10,000) barrels or less (one (1)
barrel of beer yields two (2) common fifteen and one-
half -gallon kegs).
Mortuary. A place where deceased bodies are kept
before burial or cremation.
Motel. See hotel.
Noncommercial neighborhood facility. A private,
noncommercial facility primarily serving the
neighborhood in which it is located, such as a
swimming pool, tennis court, playground, office for a
neighborhood or property owners association, or
maintenance building.
Nonconforming use. Any building or land lawfully
occupied by a use at the time of passage of this
ordinance or amendment thereto, which does not conform
after the passage of this chapter or amendment thereto
with the use regulations of the district in which it
is situated.
Nursing home. A facility providing full-time
residential accommodations and professional health
care for three (3) or more elderly or infirm people.
This term shall not include a hospital.
Office. A building or portion thereof used as a
workplace primarily for business or administrative
purposes. This term shall not include any
establishment primarily engaging in the handling of
goods or any of the following activities: recreation,
entertainment, eating, drinking, boarding of people or
animals, or salon or spa services.
Open space. Any space on a lot unobstructed to the sky
except for ordinary architectural projections, such as
cornices and eaves. This term shall not include any
area covered by a building, deck, porch, parking area,
13
driveway, street, or any impervious surface, other
than a sidewalk or trail.
Owner of record. The person, corporation or other
legal entity listed as owner on the records of the
county recorder of deeds.
Parking lot. An open surfaced area used exclusively
for the temporary storage of motor vehicles.
Permitted use. A use specifically listed as being
allowed in a particular zoning district, or a
substantially similar use as determined by the city
manager.
Personal service establishment. An establishment
providing a service to a person, such as a barber
shop, hair salon, nail salon, beauty or health spa,
laundering or dry cleaning business, laundromat,
tailoring business, small appliance or personal device
repair business, packaging or shipping business, or
other establishment of a similar nature. This term
shall not include any establishment primarily engaging
in the sale or rental of goods, such as restaurants,
bars, and retail and rental establishments.
Porch. A roofed structure attached to a building and
open on two (2) or more sides. A screened -in porch
shall not be considered open.
Principal structure. The main or primary structure on
a lot.
Principal use. The main or primary use on a lot.
Rehabilitation. Returning structure to a state of
usefulness by replacement and alteration designed to
encourage its continued usage while preserving
exterior features of significant value. Examples
include reconstruction of a porch, or removal and
replacement of windows and doors.
Renovation. Refurbishing a structure so it conforms to
minimum standards of sanitation, fire, and life
safety, while preserving exterior features of
significant value.
Repair. Any change that is not construction, removal
or alteration.
Residential treatment facility. A facility providing
full-time residential accommodations and professional
14
therapeutic care for people with substance abuse,
mental illness, or other behavioral problems.
Restaurant. An establishment where food and/or
beverages are prepared and served directly to
customers for consumption on or off the premises.
Screening. A device or material used to conceal one
(1) element of a development from other elements or
from adjacent or contiguous development. Screening may
include one (1) or a combination of the following
materials of sufficient mass to be opaque or that
shall become opaque after twelve (12) months and which
shall be maintained in an opaque condition: walls,
berms, fences, or plantings.
Senior citizen. An individual over the age of sixty
(60) years.
Significant properties. Are generally those which meet
the Secretary of the Interior's standards for
evaluating structures within registered historic
districts. A structure contributing to the historic
significance of a site or district is one (1) that by
location, design, setting, materials, workmanship,
feeling, and association adds to the site's or
district's sense of time and place and historical
development. A structure not contributing to the
historic significance of a site or district is one (1)
that detracts from the site's or district's sense of
time and place and historical development; or one (1)
where the integrity of the original design or
individual architectural features or spaces have been
irretrievably lost; or one (1) where physical
deterioration or structural damage has made it not
reasonably feasible to rehabilitate the building.
Ordinarily, structures built within the past fifty
(50) years will not be considered unless a strong
justification concerning their historical or
architectural merit is given or the historical
attributes of the district are considered to be less
than fifty (50) years old.
Site, historic. Any area or location occupied as a
residence or utilized by humans for a sufficient
length of time to construct features, or deposit a
number of artifacts, or any place with evidence of
past human activity. Sites include, but are not
limited to, occupation, location, work areas, evidence
15
of farming or hunting and gathering, burial remains,
artifacts, and structures of all types.
Site plan. A drawing illustrating a proposed
development and prepared in accordance with the
specifications outlined in chapter 25.
Special uses. A use of land authorized by permission
granted pursuant to the procedure set out in section
30-401 or a use not permitted in a particular zoning
district unless certain conditions are met.
Stop work order. An order issued by the director of
development services directing an owner, occupant,
contractor or subcontractor to halt an action for
which a certificate of appropriateness is required,
and notifying the owner, occupant, contractor or
subcontractor of the application process for a
certificate of appropriateness.
Story. That portion of a building included between the
surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the
space between the floor and the ceiling next above it.
Story, half. A space under a sloping roof which has
the line of intersection of roof decking and wall face
not more than three (3) feet above the top floor
level, and in which space not more than sixty (60)
percent of the floor area is finished off for use.
Street. All property dedicated for public or private
street, highway, freeway or roadway purposes or
subject to public or private easement therefore.
Street, arterial. A street or road of considerable
continuity which serves or is intended to serve as
principal trafficway between separate areas or
districts and which is the main means of access to the
collector street system, highways, and expressways.
Street, collector. Streets, which in addition to
servicing abutting properties, intercept local
streets, connect with community facilities and carry
neighborhood traffic to the arterial street systems.
Street, line. A dividing line between a lot, tract, or
parcel of land and contiguous street.
Street, local. A street designated to provide access
to abutting property from collector and arterial
streets,
16
Street, private. A street which is privately owned and
affords a primary means of access to abutting
property.
Street, public. A street dedicated to the public or
held in fee simple title by the city which affords a
primary means of access to abutting property.
Street, width. The horizontal distance between the
outside edges of a street's pavement, including any
curbing and guttering, measured at right angles to the
street's centerline.
Structural alteration. Any change in the supporting
members of a building, such as bearing walls or
partitions, columns, beams or girders, or any complete
rebuilding of the roof or the exterior walls.
Structure. Anything constructed or erected, the use of
which requires permanent location on or in the ground
or attached to something having permanent location on
the ground, including, but without limiting the
generality of the foregoing: buildings, fences,
gazebos, advertising signs, billboards, backstops for
tennis courts, radio and television antennae and
towers and swimming pools.
Subdivision. The division of a parcel of land into two
(2) or more lots, or other divisions of land.
Telecommunication tower. A structure designed and
constructed for the support of one (1) or more
antennas for telephone, radio and similar
communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The
term includes radio, television and transmission
towers, microwave towers, common -carrier towers,
cellular telephone towers, alternative tower
structures, and the like, either constructed from the
ground or located on top of a building. The term shall
exclude any tower or antenna under seventy (70) feet
in height and is owned and operated by a federally -
licensed amateur radio station operator or is used
exclusively for receive only antennas. The height of
the tower is defined as the distance measured from the
lowest point of the base of the tower structure to the
highest point on the tower, including the base pad
when constructed from the ground and any antennas. The
term excludes supervisory control and data acquisition
17
(SCADA) antennas installed and operated by units of
government.
Townhouse. A single-family dwelling constructed in a
group of three (3) or more attached units in which
each unit extends from the foundation to the roof and
has open space on at least two (2) sides.
Transit terminal. A station or similar facility
serving as the terminus of a bus, rail, or other
transit route and having accommodations for the
loading and unloading of passengers.
Transitional housing. A facility providing lodging to
homeless people, with or without meals, for no more
than thirty (30) consecutive days.
Vehicle fueling facility. A facility dispensing
gasoline, diesel, or other fuel to motor vehicles.
Vehicle service or repair facility. A facility
equipping, lubricating, servicing or repairing motor
vehicles, including the installation of parts and
accessories; the rebuilding, replacing and the
installing of motors, transmissions, drive trains,
exhaust systems, upholstery, brakes, radiators, and
similar components. This term shall not include the
dismantling or extended storage of wrecked vehicles,
nor tire recapping, nor vehicle body work or painting,
nor the open storage of rental vehicles or trailers.
Yard. An open space on the same lot with a building,
unoccupied and unobstructed by any portion of a
structure from the ground upward, except as otherwise
provided herein.
Yard, front. A yard extending across the front of a
lot between the side lot lines, and being the minimum
horizontal distance between the street line and the
main building or any projections thereof other than
the projection of the usual steps, unenclosed
balconies, or open porches.
Yard, rear. A yard extending across the rear of a lot,
measured between the side lot lines, and being the
minimum horizontal distance between the rear lot line
and the rear of the main building or any projections
other than steps, unenclosed balconies or open
porches. On corner lots the front line of the rear
yard shall be considered as parallel to the street
upon which the lot has its least dimension. On both
W.
D
corner lots and interior lots, the rear yard shall in
all cases be at the opposite end of the lot from the
front yard.
Yard, side. A yard between the main building and the
side line of the lot, and extending from the front
yard line to the rear yard line.
L�rr_
is', hereby, repealed, and a new Section 30-105 is hereby adopted,
in lieu thereof, in words and figures, to read as follows:
Sec. 30-105. - Definitions.
Words or phrases in this chapter shall be interpreted
so as to give them the same meaning as they have in
common usage. However, for the purpose of this
chapter, the following terms shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Accessory structure. A detached subordinate building,
the use of which is incidental to and customary in
connection with the principal building or use and
which is located on the same lot with such principal
building or use, and which is greater than one hundred
fifty (150) square feet in size.
Accessory use. A subordinate use which is incidental
to and customary in connection with the principal
19
building or use, and is located on the same lot with
such principal building or use.
E
Ac�;cessary Structure
,�
Principal Building
Building Line
Agricultural use. The use of land for agricultural
purposes, including farming, dairying, pasturage,
agriculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry and the necessary
accessory uses for packing, treating, or storing the
produce. The operation of any such accessory uses
shall be secondary to normal agricultural activities.
Alley. A thoroughfare which affords only a secondary
means of access to abutting property.
Alteration. Any act or process changing one (1) or
more of the exterior architectural features of a
structure, including, but not limited to, the
erection, construction, reconstruction, or removal of
any structure.
Animal feeding operation (AFO). Animal feeding
operations (AFO) as defined by Environmental
Protection Agency Regulations; includes agricultural
operations where animals are kept and raised in
confined situations. AFO congregate animals, feed,
manure and urine, dead animals, and production
operations on a small land area. Feed is brought to
the animals rather than the animals grazing or
otherwise seeking feed in pastures, fields, or on
rangeland.
20
Antenna. Any exterior transmitting or receiving device
mounted on a tower, building or structure and used in
communications radiating or capturing electromagnetic
waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless
telecommunications signals or other communication
signals. This term shall exclude any receive -only home
television antenna.
Bed and breakfast. An owner -occupied, single-family
detached dwelling containing one or more rooms offered
to overnight guests, whose paid accommodations include
breakfast.
Bedroom. A sleeping room as defined in section 7-361
of the City Code.
Board of adjustment. The board established pursuant to
section 30-204 of this chapter.
Bufferyard. A landscaped area intended to separate and
partially obstruct the view of two (2) adjacent land
uses or properties from one another, and to block out
noise, lights or other nuisances.
E
roperty Line
Bufferyard
Building. Any structure designed or intended for the
support, enclosure, shelter, or protection of persons,
animals, or objects.
Building coverage. The horizontal area measured within
the exterior walls of the ground floor of all
principal and accessory buildings on a lot divided by
the gross area of the lot.
21
Building, height. The vertical distance from the
average grade to the highest point of the coping of a
flat roof or to the deckline of a mansard roof or to
the mean height level between eaves and ridge for
gable, hip, and gambrel roofs, excluding elevator
shafts and equipment.
Ed
' 12 Total
Height
112
Gable Roof lBuil ing
Height
verge grade
Canopies. An independent, ground -supported, roofed
structure with totally open sides.
Carport. A roofed structure providing space for the
parking of vehicles which is open on not less than two
(2) sides.
Certificate of appropriateness. A certificate issued
by the Cape Girardeau Historic Preservation Commission
authorizing an alteration, construction, removal or
demolition affecting a defined feature described and
delimited in the designation of a local historic
district or landmark.
22
City manager. The city manager of the City of Cape
Girardeau, Missouri, or his or her designee.
Cluster subdivision. A development design technique
concentrating buildings in specific areas on a site to
allow the remaining land to be used for recreation,
common open space, and preservation of environmentally
sensitive features.
D
24 Conventional Lots
No Open Space
r -
Open
Space
24 Clustered Lots
50% Open Space
Commercial recreation facility. A commercial facility
providing a recreation activity such as billiards,
bowling, miniature golf, video games, bouncing on
trampolines or inflatable surfaces, or other activity
of a similar nature. This term shall not include an
amusement park, casino or other gambling facility, or
venue of a sporting event.
Concentrated animal feeding operations (CAFO).
Concentrated animal feeding operations (CAFO) as
defined by Environmental Protection Agency
Regulations.
Construction. The act of adding to an existing
structure or the erection of a new principal or
accessory structure on a lot or property.
Conversion. The alteration or adaptive reuse of a
structure to accommodate uses for which it was not
originally designed or constructed. Examples include,
but are not limited to, converting a warehouse into a
restaurant, or converting an office building into
residential apartments.
23
Council. The city council of the City of Cape
Girardeau, Missouri.
Day care, commercial. A non-residential building, in
which care is provided for people who cannot be fully
independent, such as children or elderly people, for
only part of the day.
Day care, home. An owner -occupied dwelling, in which
care is provided for people who cannot be fully
independent, such as children or elderly people, for
only part of the day.
Demolition. As it pertains to a landmark or historic
district means any act or process which affirmatively
destroys, in part or in whole, a landmark or a
structure within a historic district, or which
affirmatively threatens to destroy a landmark or a
structure within a historic district.
Density. The number of dwelling units per acre.
Designation, historic. The identification and
registration of properties meeting the criteria
established by the city or the state for the
preservation of significant historic and prehistoric
resources within the city.
District. A section of the city for which the
regulations governing the use of buildings and
premises, the height of buildings, the size of yards,
and the intensity of use are uniform.
Dock. The location in the City of Cape Girardeau
authorized under RSMo § 313.800 et seq., where an
excursion gambling boat moors for the purpose of
embarking passengers for and disembarking passengers
from a gambling excursion; or where an excursion
gambling boat is continuously docked; or where a
floating facility for gambling purposes is more or
less continuously moored; or where pleasure or fishing
boats are moored for any period of time.
Drive-thru facility. A facility consisting of at least
one ordering window or station with a designated lane,
providing goods or services to customers while in
their vehicles without having to park.
Duplexes. See "Dwelling, two-family."
24
Dwelling. Any building or portion thereof which is
designed and used exclusively for residential
purposes.
Dwelling, multifamily. A building having
accommodations for and occupied exclusively by more
than two (2) families with no more than two (2)
unrelated persons per bedroom.
Dwelling, single-family. A building having
accommodations for and occupied exclusively by one (1)
family.
Dwelling, two-family. A building having accommodations
for and occupied by two (2) families.
Exterior architectural appearance. The architectural
character and general composition of the exterior of a
structure, including, but not limited to, the kind,
color and texture of the building material, and the
type, design and character of all windows, doors,
light fixtures, and signs.
Excursion gambling boat or floating gambling facility.
A boat, ferry, barge, or similar structure licensed by
the Missouri Gaming Commission on which gambling games
are allowed.
Family.
a. One (1) or more persons related by blood,
marriage, adoption or custodial relationship living as
a single housekeeping unit, plus up to two (2)
domestic servants; or
b. Three (3) or fewer unrelated persons, including
any domestic servants, living as a single housekeeping
unit; or
C. Two (2) unrelated persons, plus their biological,
adopted or foster children or other minors, for whom
they have legally established custodial
responsibility, plus up to two (2) domestic servants,
living as a single housekeeping unit.
The term "family" shall not be construed to mean a
fraternity, sorority, club or institutional -group.
Farming activity. Any activity directly associated
with the growing and harvesting of crops or the
raising of livestock. This term shall not include a
25
commercial feedlot, stockyard or other confinement
operation, or commercial slaughterhouse.
Fence. Any artificially constructed barrier of any
material or combination of materials erected to
enclose or screen areas of land.
Floor area ratio (FAR). The gross floor area of all
buildings on a lot divided by the lot area on which
the building or buildings are located.
D
Building --I. Q.5 FAR
Area
2.6 FAR.
Foster home. A private dwelling licensed by the State
of Missouri to provide foster care to seven (7) or
fewer children who are not related to the foster
parent(s) by blood, marriage, or adoption.
Freight terminal. A centralized facility for the mass
loading and unloading of freight to and from trucks,
railcars, barges, aircraft, or other freight
transportation systems.
Frontage. The lot line abutting a street right-of-way.
The frontage of a lot abutting more than one (1)
street shall be calculated separately for each street.
Funeral home. An establishment in which the deceased
are prepared for burial or cremation and in which
wakes and funerals may be held.
Gambling excursion. The time during which gambling
games may be operated on an excursion gambling boat or
floating facility whether docked or during a cruise.
26
Garage, private. An accessory building or portion of a
main building, or part thereof, designed or used for
the storage of vehicles owned and used by the
occupants of the building.
Governmental facility. A facility operated by or for a
governmental entity.
Heavy manufacturing and industrial facility. A
facility engaging in one (1) or more of the following
activities: the extraction, processing, or bulk
storage of raw or hazardous materials; the
manufacturing, fabrication, assembly, printing,
packaging or shipping of products or materials; or the
testing, cleaning, servicing, repair, or storage
thereof. This term shall not include a foundry,
smelter, steel mill, sulfur plant, rubber reclamation
plant, commercial slaughterhouse, meat packing or
rendering facility, or any facility producing or
processing explosives or flammable gases or liquids.
Historic district, local. An area designated as a
"local historic district" by ordinance of the city
council, pursuant to section 30-352 of this chapter.
Historic landmark, local. A property or structure
designated as a "local historic landmark" by ordinance
of the city council, pursuant to section 30-352 of
this chapter.
Hobby farm. A small farm operated for pleasure rather
than for income.
Home occupation. Any activity, whether or not for
financial gain, conducted in or directed from a
residential dwelling unit by one (1) or more family
members residing within that dwelling unit.
Home for physically, mentally, or developmentally
disabled people. A dwelling occupied by eight (8) or
fewer physically, mentally, or developmentally
disabled people, with up to two (2) additional people
acting as house parents or guardians who need not be
related to each other or any of the residents.
Hospital. A facility providing emergency or inpatient
medical care for sick or injured people.
Hotel. Any structure, or building, under one (1)
management, which contains a room or rooms furnished
for the accommodation or lodging of guests, with or
27
without meals being provided, and kept, used,
maintained, advertised or held out to the public as a
place where sleeping accommodations are sought for pay
or compensation to transient guests or permanent
guests.
Infill development. New construction on vacant or
underutilized parcels of land, or clearance and
redevelopment to replace dilapidated or deteriorated
structures.
Kennel. An establishment licensed to operate a
facility housing dogs, cats, or other household pets
and where grooming, breeding, boarding, training, or
selling of animals is conducted as a business, or by a
not-for-profit organization.
Light manufacturing and industrial facility. A
facility engaging in one (1) or more of the following
activities: the manufacturing, fabrication, assembly,
printing, packaging or shipping of products or
materials; or the testing, cleaning, servicing,
repair, or storage thereof. This term shall not
include any facility engaging in the extraction,
processing, or bulk storage of raw or hazardous
materials, or any of the following: foundry, smelter,
steel mill, sulfur plant, rubber reclamation plant,
commercial slaughterhouse, meat packing or rendering
facility, or any facility producing or processing
explosives or flammable gases or liquids.
Loading space. A space on the lot accessible to an
alley or street, not less than ten (10) feet in width,
twenty (20) feet in depth and ten (10) feet in height.
Lot. A tract of land having its own distinct metes and
bounds legal description as part of a deed of record,
or platted as a lot as part of a subdivision of
record.
W.
D
7
Lot, corner. A lot abutting upon two (2) or more
streets at their intersection.
Lot, depth of. The mean horizontal distance between
the front and rear lot lines.
Lot, interior. A lot other than a corner lot.
Lot of record. A lot which is a part of a subdivision,
the map of which was recorded in the office of the
county recorder; or a parcel of land, the deed to
which was recorded in the office of the county
recorder, prior to the original adoption of this
ordinance on December 20, 1967.
Manufactured business unit (mobile business unit). A
factory -built structure or structures which, in the
traveling mode, is eight (8) body feet or more in
width or forty (40) body feet or more in length, or,
29
Corner Interior
Corner
Lot Lot
Lot
Interior; Flag ;
Through: Interior
ILot Lok
Leat Lot
Corner Interior
; Corner
Lot Lot
Lot j
7
Lot, corner. A lot abutting upon two (2) or more
streets at their intersection.
Lot, depth of. The mean horizontal distance between
the front and rear lot lines.
Lot, interior. A lot other than a corner lot.
Lot of record. A lot which is a part of a subdivision,
the map of which was recorded in the office of the
county recorder; or a parcel of land, the deed to
which was recorded in the office of the county
recorder, prior to the original adoption of this
ordinance on December 20, 1967.
Manufactured business unit (mobile business unit). A
factory -built structure or structures which, in the
traveling mode, is eight (8) body feet or more in
width or forty (40) body feet or more in length, or,
29
when erected on-site, contains three hundred twenty
(320) or more square feet, equipped with the necessary
service connections and made so as to be readily
movable as a unit or units on its or their own running
gear and designed to be used for nonresidential
purposes with or without a permanent foundation, and
which may be moved from time to time.
Manufactured business units (mobile business units)
are those factory -built structures manufactured under
the authority of the Federal Manufactured Home
Construction and Safety Standards Acts, effective June
15, 1976, and must carry a seal of approval of the
U.S. Department of Housing and Urban Development (HUD)
as required by the Missouri Public Service Commission.
This term shall also include units defined as above if
such units are in two (2) or more separately towable
components designed to be joined into one (1) integral
unit capable of being again separated into components
capable of repeated towing and includes two (2) or
more manufactured business units joined into a single
business unit which are kept on separate chassis for
repeated towing.
Manufactured home (mobile home). A factory built
structure or structures which, in traveling mode, is
eight (8) body feet or more in width or forty (40)
body feet in length, or, when erected on-site,
contains three hundred twenty (320) or more square
feet, equipped with the necessary service connections
and made so as to be readily movable as a unit or
units on its or their own running gear and designed to
be used as a dwelling unit or units with or without a
permanent foundation, and which may be moved from time
to time.
Manufactured homes (mobile homes) are those factory -
built structures manufactured under the authority of
the Federal Manufactured Home Construction and Safety
Standards Act, effective June 15, 1976, and must carry
a seal of approval of the U.S. Department of Housing
and Urban Development (HUD) as required by the
Missouri Public Service Commission.
This term shall also include units defined as above if
such units are in two (2) or more separately towable
components designed to be joined into one (1) integral
unit capable of being again separated into the
30
components capable of repeated towing and includes two
(2) or more manufactured home units joined into a
single residential unit which are kept on separate
chassis for repeated towing.
Manufactured home (mobile home) park. A parcel of land
which has been developed for the placement of more
than one (1) manufactured home (mobile home).
Microbrewery. A business whose primary activity is the
brewing and selling of beer, with an annual production
of ten thousand (10,000) barrels or less (one (1)
barrel of beer yields two (2) common fifteen and one-
half -gallon kegs).
Mortuary. A place where deceased bodies are kept
before burial or cremation.
Motel. See hotel.
Noncommercial neighborhood facility. A private,
noncommercial facility primarily serving the
neighborhood in which it is located, such as a
swimming pool, tennis court, playground, office for a
neighborhood or property owners association, or
maintenance building.
Nonconforming use. Any building or land lawfully
occupied by a use at the time of passage of this
ordinance or amendment thereto, which does not conform
after the passage of this chapter or amendment thereto
with the use regulations of the district in which it
is situated.
Nursing home. A facility providing full-time
residential accommodations and professional health
care for three (3) or more elderly or infirm people.
This term shall not include a hospital.
Of record. Recorded at the Recorder of Deeds Office of
the county in which the property is located.
Office. A building or portion thereof used as a
workplace primarily for business or administrative
purposes. This term shall not include any
establishment primarily engaging in the handling of
goods or any of the following activities: recreation,
entertainment, eating, drinking, boarding of people or
animals, or salon or spa services.
Open space. Any space on a lot unobstructed to the sky
except for ordinary architectural projections, such as
31
cornices and eaves. This term shall not include any
area covered by a building, deck, porch, parking area,
driveway, street, or any impervious surface, other
than a sidewalk or trail.
Owner of record. The person, corporation or other
legal entity listed as owner on the records of the
county recorder of deeds.
Parking lot. An open surfaced area used exclusively
for the temporary storage of motor vehicles.
Permitted use. A use specifically listed as being
allowed in a particular zoning district, or a
substantially similar use as determined by the city
manager.
Personal service establishment. An establishment
providing a service to a person, such as a barber
shop, hair salon, nail salon, beauty or health spa,
laundering or dry cleaning business, laundromat,
tailoring business, small appliance or personal device
repair business, packaging or shipping business, or
other establishment of a similar nature. This term
shall not include any establishment primarily engaging
in the sale or rental of goods, such as restaurants,
bars, and retail and rental establishments.
Porch. A roofed structure attached to a building and
open on two (2) or more sides. A screened -in porch
shall not be considered open.
Principal structure. The main or primary structure on
a lot.
Principal use. The main or primary use on a lot.
Property. A lot or group of contiguous lots having the
same ownership.
Rehabilitation. Returning structure to a state of
usefulness by replacement and alteration designed to
encourage its continued usage while preserving
exterior features of significant value. Examples
include reconstruction of a porch, or removal and
replacement of windows and doors.
Renovation. Refurbishing a structure so it conforms to
minimum standards of sanitation, fire, and life
safety, while preserving exterior features of
significant value.
32
Repair. Any change that is not construction, removal
or alteration.
Residential treatment facility. A facility providing
full-time residential accommodations and professional
therapeutic care for people with substance abuse,
mental illness, or other behavioral problems.
Restaurant. An establishment where food and/or
beverages are prepared and served directly to
customers for consumption on or off the premises.
Screening. A device or material used to conceal one
(1) element of a development from other elements or
from adjacent or contiguous development. Screening may
include one (1) or a combination of the following
materials of sufficient mass to be opaque or that
shall become opaque after twelve (12) months and which
shall be maintained in an opaque condition: walls,
berms, fences, or plantings.
Senior citizen. An individual over the age of sixty
(60) years.
Shipping container. An intermodal freight container or
other large container, in whole or in part, designed
and manufactured for the reusable storage and
transport of materials and products across different
modes of transportation - from ship to rail to truck -
without unloading and reloading its cargo.
Significant properties. Structures meeting the
Secretary of the Interior's standards for evaluating
structures within registered historic districts. A
structure contributing to the historic significance of
a site or district is one (1) that by location,
design, setting, materials, workmanship, feeling, and
association adds to the site's or district's sense of
time and place and historical development. A structure
not contributing to the historic significance of a
site or district is one (1) that detracts from the
site's or district's sense of time and place and
historical development; or one (1) where the integrity
of the original design or individual architectural
features or spaces have been irretrievably lost; or
one (1) where physical deterioration or structural
damage has made it not reasonably feasible to
rehabilitate the building. Ordinarily, structures
built within the past fifty (50) years will not be
considered unless a strong justification concerning
33
their historical or architectural merit is given or
the historical attributes of the district are
considered to be less than fifty (50) years old.
Site, historic. Any area or location occupied as a
residence or utilized by humans for a sufficient
length of time to construct features, or deposit a
number of artifacts, or any place with evidence of
past human activity. Sites include, but are not
limited to, occupation, location, work areas, evidence
of farming or hunting and gathering, burial remains,
artifacts, and structures of all types.
Site plan. A drawing illustrating a proposed
development and prepared in accordance with the
specifications outlined in chapter 25.
Special uses. A use of land authorized by permission
granted pursuant to the procedure set out in section
30-401 or a use not permitted in a particular zoning
district unless certain conditions are met.
Stop work order. An order issued by the director of
development services directing an owner, occupant,
contractor or subcontractor to halt an action for
which a certificate of appropriateness is required,
and notifying the owner, occupant, contractor or
subcontractor of the application process for a
certificate of appropriateness.
Story. That portion of a building included between the
surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the
space between the floor and the ceiling next above it.
Story, half. A space under a sloping roof which has
the line of intersection of roof decking and wall face
not more than three (3) feet above the top floor
level, and in which space not more than sixty (60)
percent of the floor area is finished off for use.
Street. All land dedicated for public or private
street, highway, freeway or roadway purposes or
subject to public or private easement therefore.
Street, arterial. A street or road of considerable
continuity which serves or is intended to serve as
principal trafficway between separate areas or
districts and which is the main means of access to the
collector street system, highways, and expressways.
34
Street, collector. Streets, which in addition to
servicing abutting properties, intercept local
streets, connect with community facilities and carry
neighborhood traffic to the arterial street systems.
Street, line. A dividing line between a lot, tract, or
parcel of land and contiguous street.
Street, local. A street designated to provide access
to abutting property from collector and arterial
streets,
Street, private. A street which is privately owned and
affords a primary means of access to abutting
property.
Street, public. A street dedicated to the public or
held in fee simple title by the city which affords a
primary means of access to abutting property.
Street, width. The horizontal distance between the
outside edges of a street's pavement, including any
curbing and guttering, measured at right angles to the
street's centerline.
Structural alteration. Any change in the supporting
members of a building, such as bearing walls or
partitions, columns, beams or girders, or any complete
rebuilding of the roof or the exterior walls.
Structure. Anything constructed or erected, the use of
which requires permanent location on or in the ground
or attached to something having permanent location on
the ground, including, but without limiting the
generality of the foregoing: buildings, fences,
gazebos, advertising signs, billboards, backstops for
tennis courts, radio and television antennae and
towers and swimming pools.
Subdivision. The division of a parcel of land into two
(2) or more lots, or other divisions of land.
Telecommunication tower. A structure designed and
constructed for the support of one (1) or more
antennas for telephone, radio and similar
communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The
term includes radio, television and transmission
towers, microwave towers, common -carrier towers,
cellular telephone towers, alternative tower
structures, and the like, either constructed from the
35
ground or located on top of a building. The term shall
exclude any tower or antenna under seventy (70) feet
in height and is owned and operated by a federally-
licensed amateur radio station operator or is used
exclusively for receive only antennas. The height of
the tower is defined as the distance measured from the
lowest point of the base of the tower structure to the
highest point on the tower, including the base pad
when constructed from the ground and any antennas. The
term excludes supervisory control and data acquisition
(SCADA) antennas installed and operated by units of
government.
Townhouse. A single -family dwelling constructed in a
group of three (3) or more attached units in which
each unit extends from the foundation to the roof and
has open space on at least two (2) sides.
Transit terminal. A station or similar facility
serving as the terminus of a bus, rail, or other
transit route and having accommodations for the
loading and unloading of passengers.
Transitional housing. A facility providing lodging to
homeless people, with or without meals, for no more
than thirty (30) consecutive days.
Vehicle fueling facility. A facility dispensing
gasoline, diesel, or other fuel to motor vehicles.
Vehicle service or repair facility. A facility
equipping, lubricating, servicing or repairing motor
vehicles, including the installation of parts and
accessories; the rebuilding, replacing and the
installing of motors, transmissions, drive trains,
exhaust systems, upholstery, brakes, radiators, and
similar components. This term shall not include the
dismantling or extended storage of wrecked vehicles,
nor tire recapping, nor vehicle body work or painting,
nor the open storage of rental vehicles or trailers.
Yard. An open space on the same lot with a building,
unoccupied and unobstructed by any portion of a
structure from the ground upward, except as otherwise
provided herein.
Yard, front. A yard extending across the front of a
lot between the side lot lines, and being the minimum
horizontal distance between the street line and the
main building or any projections thereof other than
36
E
the projection of the usual steps, unenclosed
balconies, or open porches.
Yard, rear. A yard extending across the rear of a lot,
measured between the side lot lines, and being the
minimum horizontal distance between the rear lot line
and the rear of the main building or any projections
other than steps, unenclosed balconies or open
porches. On corner lots the front line of the rear
yard shall be considered as parallel to the street
upon which the lot has its least dimension. On both
corner lots and interior lots, the rear yard shall in
all cases be at the opposite end of the lot from the
front yard.
Yard, side. A yard between the main building and the
side line of the lot, and extending from the front
yard line to the rear yard line.
Article 2. Section 30-203 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows:
Sec. 30-203. - Historic preservation commission.
(a) Composition. The Cape Girardeau Historic
Preservation Commission shall consist of nine (9)
members, plus ex -officio members, all of whom
shall be appointed by the city council. The
council shall make every effort to appoint
persons with a demonstrated interest in the
37
historical preservation of the city. To the
extent available, the Historic Preservation
Commission shall include professional members
representing such disciplines as architecture,
law, real estate, history or any other field
related to historic preservation.
(b) Reserved.
(c) Terms. Except as otherwise provided in section 2-
98, the terms of office of the appointed members
of the historic preservation commission shall be
for three (3) years, beginning on the seventeenth
day of April. All members' terms shall be
staggered so that three (3) members' terms shall
expire each year. Vacancies shall be filled
within sixty (60) days. A member may be appointed
to a shorter term, however, if necessary to
accomplish the requirements of this paragraph.
(d) Officers, duties. The historic preservation
commission shall meet annually during the month
of May to elect officers. All officers of the
historic preservation commission shall be
eligible for reelection. The chairman shall
preside over meetings. In the absence of the
chairman, the vice-chairman shall perform the
duties of the chairman. If both are absent, a
temporary chairman shall be elected by those
present. The officers shall assure that the
following duties of the historic preservation
commission are performed:
(1) Preparation of minutes of each historic
preservation commission meeting and hearing.
(2) Publication and distribution of copies of
the minutes, reports and decisions of the
historic preservation commission to the members
of the historic preservation commission.
(3) Provision of notice as required herein or by
law for all public hearings conducted by the
historic preservation commission.
(4) Notification to the city clerk of vacancies
on the historic preservation commission and
expiring terms of members.
(5) Preparation and submission to the city
council of a complete record and votes of the
proceedings before the historic preservation
commission on any matter requiring city council
consideration.
W.
(e) Meetings. Meetings shall be held at regularly
scheduled times to be established by resolution
of the historic preservation commission, but not
less than monthly, at the beginning of each
calendar year, or at any time upon the call of
the chairman:
(1) No member of the historic preservation
commission shall vote on any matter which may
materially or apparently affect the property,
income or business interest of that member.
(2) The historic preservation commission shall
keep minutes of its proceedings, showing the
vote, indicating such fact, and shall be filed in
the office of the historic preservation
commission and shall be a public record.
(f) Powers and duties. The historic preservation
commission shall have the following powers and
duties:
(1) To increase public awareness of the value of
historic, architectural and cultural preservation
by developing and participating in public
information programs and by recommending the
update of the preservation program.
(2) To initiate and recommend property and/or
properties for proposed designations as landmark
and/or historic districts and to review and
comment on proposed designations.
(3) To review applications for construction,
alteration, or reconstruction for landmarks, or
structures within a historic district.
(4) To review proposed changes in buildings,
structures, street furniture, city parks, civic
areas, public facilities or environmental
features of a landmark or within a historic
district.
(5) To review applications for demolition
permits, proposed zoning amendments or
applications for zoning variances, for a landmark
or within a historic district.
(6) May review applications for special use
permits, proposed zoning amendments, or
applications for zoning variances, for a landmark
or within a historic district, and to make
recommendations concerning such requests to the
planning and zoning commission or board of
39
BE
(h)
adjustment as indicated by the nature of the
request.
(7) To initiate from time to time a
comprehensive review of the provisions of this
article or any part thereof.
(8) To disseminate to owners or occupants of
landmarks or within historic districts, or to the
general public information concerning the
preservation of landmarks or historic districts.
(9) The historic preservation commission may
support the nomination to the national register
of historic places, local landmarks, and
districts which the commission members believe
meet the standards herein set forth and have
contributed to the history, architecture and
culture of the city.
(10) To initiate, develop and supervise surveys,
to identify historically and architecturally
significant properties, structures, and areas
that exemplify the cultural, social, economic,
political, or architectural history of the
nation, state or city.
(11) The historic preservation commission may
recommend the city apply for, receive, or expend
any federal, state or private grant, grant-in-
aid, or bequest, in furtherance of the general
purpose of this article.
(12) To recommend grants, tax incentives, and
benefits to encourage redevelopment of
historically significant structures.
Surveys and research. The historic preservation
commission shall establish and maintain a survey
and inventory of historic properties in
accordance with standards and guidelines
established by the Secretary of the Interior's
"Standards and Guidelines for Historic
Preservation". The survey will be compatible with
Missouri's statewide historical preservation
comprehensive planning process. In establishing
the foregoing information, the historic
preservation commission shall place particular
emphasis upon evaluating and incorporating the
findings of studies and surveys already
completed.
Review of public improvement projects. Public
improvements by the city or any of its
De
departments or agencies may be reviewed by the
historic preservation commission in the following
manner:
(1) The historic preservation commission may
review and comment upon any capital improvement
project proposed by the city or any of its
agencies or departments within any historic
district, on the site of or within one hundred
eighty-five (185) feet of any landmark, or within
one hundred eighty-five (185) feet of any
historic district. The historic preservation
commission shall have thirty (30) days to
complete its review and report to the director of
development services. The division of planning
services, if necessary to accelerate the design
review process, may specify a time less than
thirty (30) days within which the historic
preservation commission shall complete its review
and report. The report by the historic
preservation commission shall include any
recommendations for changes to the preliminary
design that will lessen or alleviate any adverse
effect of the proposed project upon the historic
or architectural character of the landmark or
historic district. The commission's report along
with responses shall be presented with the public
improvement plans to the council for approval.
(2) The historic preservation commission may
review and make recommendations upon any
acquisition by the City or any of its agencies or
departments of any designated landmark or of any
building within a historic district. The city
council or the division of planning services may,
at the earliest possible date that will not
interfere with acquisition negotiations, send the
historic preservation commission information
concerning the location, size, current use, and
proposed use of the land or building to be
acquired, and specify the date by which the
historic preservation commission shall report to
the city council.
is', hereby, repealed, and a new Section 30-203 is hereby adopted,
in lieu thereof, in words and figures, to read as follows:
Sec. 30-203. - Historic preservation commission.
41
(a) Composition. The Cape Girardeau Historic
Preservation Commission shall consist of nine (9)
members, plus ex -officio members, all of whom
shall be appointed by the city council. The
council shall make every effort to appoint
persons with a demonstrated interest in the
historical preservation of the city. To the
extent available, the Historic Preservation
Commission shall include professional members
representing such disciplines as architecture,
law, real estate, history or any other field
related to historic preservation.
(b) Reserved.
(c) Terms. Except as otherwise provided in section 2-
98, the terms of office of the appointed members
of the historic preservation commission shall be
for three (3) years, beginning on the seventeenth
day of April. All members' terms shall be
staggered so that three (3) members' terms shall
expire each year. Vacancies shall be filled
within sixty (60) days. A member may be appointed
to a shorter term, however, if necessary to
accomplish the requirements of this paragraph.
(d) Officers, duties. The historic preservation
commission shall meet annually during the month
of May to elect officers. All officers of the
historic preservation commission shall be
eligible for reelection. The chairman shall
preside over meetings. In the absence of the
chairman, the vice-chairman shall perform the
duties of the chairman. If both are absent, a
temporary chairman shall be elected by those
present. The officers shall assure that the
following duties of the historic preservation
commission are performed:
(1) Preparation of minutes of each historic
preservation commission meeting and hearing.
(2) Publication and distribution of copies of
the minutes, reports and decisions of the
historic preservation commission to the members
of the historic preservation commission.
(3) Provision of notice as required herein or by
law for all public hearings conducted by the
historic preservation commission.
42
(4) Notification to the city clerk of vacancies
on the historic preservation commission and
expiring terms of members.
(5) Preparation and submission to the city
council of a complete record and votes of the
proceedings before the historic preservation
commission on any matter requiring city council
consideration.
(e) Meetings. Meetings shall be held at regularly
scheduled times to be established by resolution
of the historic preservation commission, but not
less than monthly, at the beginning of each
calendar year, or at any time upon the call of
the chairman:
(1) No member of the historic preservation
commission shall vote on any matter which may
materially or apparently affect the property,
income or business interest of that member.
(2) The historic preservation commission shall
keep minutes of its proceedings, showing the
vote, indicating such fact, and shall be filed in
the office of the historic preservation
commission and shall be a public record.
(f) Powers and duties. The historic preservation
commission shall have the following powers and
duties:
(1) To increase public awareness of the value of
historic, architectural and cultural preservation
by developing and participating in public
information programs and by recommending the
update of the preservation program.
(2) To make recommendations for proposed
designations as landmark and/or historic
districts and to review and comment on proposed
designations.
(3) To review applications for construction,
alteration, or reconstruction for landmarks, or
structures within a historic district.
(4) To review proposed changes in buildings,
structures, street furniture, city parks, civic
areas, public facilities or environmental
features of a landmark or within a historic
district.
(5) To review applications for demolition
permits, proposed zoning amendments or
43
applications for zoning variances, for a landmark
or within a historic district.
(6) May review applications for special use
permits, proposed zoning amendments, or
applications for zoning variances, for a landmark
or within a historic district, and to make
recommendations concerning such requests to the
city council, planning and zoning commission or
board of adjustment as indicated by the nature of
the request.
(7) To initiate from time to time a
comprehensive review of the provisions of this
article or any part thereof.
(8) To disseminate to owners or occupants of
landmarks or within historic districts, or to the
general public information concerning the
preservation of landmarks or historic districts.
(9) The historic preservation commission may
support the nomination to the national register
of historic places, local landmarks, and
districts which the commission members believe
meet the standards herein set forth and have
contributed to the history, architecture and
culture of the city.
(10) To initiate, develop and supervise surveys,
to identify historically and architecturally
significant properties, structures, and areas
that exemplify the cultural, social, economic,
political, or architectural history of the
nation, state or city.
(11) The historic preservation commission may
recommend the city apply for, receive, or expend
any federal, state or private grant, grant-in-
aid, or bequest, in furtherance of the general
purpose of this article.
(12) To recommend grants, tax incentives, and
benefits to encourage redevelopment of
historically significant structures.
(g) Surveys and research. The historic preservation
commission shall establish and maintain a survey
and inventory of historic properties in
accordance with standards and guidelines
established by the Secretary of the Interior's
"Standards and Guidelines for Historic
Preservation". The survey will be compatible with
Missouri's statewide historical preservation
BE,
comprehensive planning process. In establishing
the foregoing information, the historic
preservation commission shall place particular
emphasis upon evaluating and incorporating the
findings of studies and surveys already
completed.
(h) Review of public improvement projects. Public
improvements by the city or any of its
departments or agencies may be reviewed by the
historic preservation commission in the following
manner:
(1) The historic preservation commission may
review and comment upon any capital improvement
project proposed by the city or any of its
agencies or departments within any historic
district, on the site of or within one hundred
eighty-five (185) feet of any landmark, or within
one hundred eighty-five (185) feet of any
historic district. The historic preservation
commission shall have thirty (30) days to
complete its review and report to the director of
development services. The division of planning
services, if necessary to accelerate the design
review process, may specify a time less than
thirty (30) days within which the historic
preservation commission shall complete its review
and report. The report by the historic
preservation commission shall include any
recommendations for changes to the preliminary
design that will lessen or alleviate any adverse
effect of the proposed project upon the historic
or architectural character of the landmark or
historic district. The commission's report along
with responses shall be presented with the public
improvement plans to the council for approval.
(2) The historic preservation commission may
review and make recommendations upon any
acquisition by the City or any of its agencies or
departments of any designated landmark or of any
building within a historic district. The city
council or the division of planning services may,
at the earliest possible date that will not
interfere with acquisition negotiations, send the
historic preservation commission information
concerning the location, size, current use, and
proposed use of the land or building to be
M
acquired, and specify the date by which the
historic preservation commission shall report to
the city council.
Article 3. Sections 30-310 and 30-311 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, reading as
follows:
Sec. 30-310. - AG, Agricultural District.
(a) Purpose. The purpose of the AG (agricultural) district
is to preserve, in agricultural uses, lands suited to
future urban development pending proper timing and
economical provision of public utilities and community
facilities to ensure compact and orderly land use
development. This district is intended for land of ten
(10) acres or more. The subdivision of land for the
purpose of converting agricultural or other undeveloped
land to residential use, is not permitted in the AG
district.
(b) Permitted uses.
(1) Farming, pastureland and agriculture, except
commercial feedlots, stockyards and confinement
operations.
(2) Orchards.
(3) Keeping or raising of large or small animals or
poultry, including structures for storage and
processing, and including accessory structures where
animals are kept, shall be two hundred (200) feet from
the property line. Commercial slaughtering business is
not allowed.
(4) Single-family detached dwellings, not to exceed
four (4) dwellings per farm.
(5) Police and fire stations.
(6) Bed and breakfasts.
(7) Golf courses and driving ranges; this shall not
include separate miniature golf courses and other
similar activities operated as a business.
(8) Nurseries and greenhouses; for growing,
propagation or sale of plants, turf, trees and shrubs.
(9) Veterinarian facilities, provided that all
buildings, structures, pens or open kennels shall be
located at least two hundred (200) feet from any lot
line.
(10) Riding stables, provided that any building for
keeping of animals shall be located at least two hundred
(200) feet from any lot line.
(11) Wineries.
(12) Public parks, playgrounds and recreational
facilities.
(13) Dog kennels, commercial or noncommercial;
provided any commercial open pens, runs, cages, or
kennels shall be located at least two hundred (200) feet
from any lot line.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings.
(2) Agricultural accessory structures, provided that
any building for the keeping of animals shall be located
at least two hundred (200) feet from any lot line.
(3) Agricultural product storage.
(4) Roadside stands for sale of agricultural
products.
(5) Home occupations, as permitted in section 30-405,
supplemental regulations, but not including typical
farming operations.
(6) Home day cares, with five (5) or more unrelated
children in a twenty-four (24) hour period, as permitted
in section 30-408, supplemental regulations.
(7) Solar energy systems, as permitted in section 30-
410, supplemental regulations.
(d) Special uses.
(1) Commercial day care facilities.
(2) Manufactured home, for the purpose of
agricultural related residence.
(3) Wind energy conversion systems, as permitted by
section 30-410, supplemental regulations.
(4) Cemeteries on a minimum of ten (10) acres of
land.
(5) Public utilities, except for buildings and
accessory structures that are normal and customary in a
zoning district which would allow other buildings of the
same nature as a use-by-right.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Forty (40) feet.
(2) Minimum District Size: Ten (10) acres.
(3) Maximum Density: One (1) unit per five (5) acres.
(4) Minimum Lot Width: Two hundred (200) feet at
building setback line.
47
(5) Minimum Lot Area: Five (5) acres for each single-
family detached dwelling; no subdivision is required for
such lots.
(6) Minimum Yard Requirements:
a. Front yard: Sixty (60) feet.
b. Rear yard: Fifty (50) feet.
C. Side yard: Fifty (50) feet.
(f) Prohibited uses.
(1) Single-family subdivision.
Sec. 30-311. - AG -1, exclusive agricultural district.
(a) Purpose. The purpose of the AG -1 district is to
provide for agricultural activities, and to provide for
untimely scattering of more dense urban uses, which
should be confined to areas planned for efficient
extension of public services. The district is
established to preserve, in agricultural uses, lands
suited for future urban development pending proper
timing and economical provision of public utilities and
community facilities to ensure compact and orderly land
use development. The subdivision of land for the purpose
of converting agricultural or other undeveloped land to
residential use, where the opening of new streets or
roadways is contemplated to accomplish this purpose, is
not permitted in an AG -1 district. The subdivision of
land for a purpose that relates to a use provided for in
the AG -1 district may be allowed. Change of zoning from
AG -1 to any other zoning district shall be accompanied
by a site plan for development and be subject to
provisions of the Code of Ordinances of the City of Cape
Girardeau.
(b) Permitted uses.
(1) Farming, pastureland and agriculture, except
animal feeding operations (AFO) and concentrated animal
feeding operations, (CAFO), feedlots, stockyards and
confinement operations.
(2) Orchards.
(3) Keeping or raising of large or small animals or
poultry, including structures for storage and
processing, and including accessory structures where
animals are kept. High volume wholesale commercial
slaughtering business is not allowed.
W
(4) Single-family detached dwellings, not to exceed
four (4) dwellings per farm, which includes manufactured
homes.
(5) Police and fire stations.
(6) Bed and breakfasts.
(7) Golf courses and driving ranges; this shall not
include separate miniature golf courses and other
similar activities operated as a business.
(8) Nurseries and greenhouses; for growing,
propagation or sale of plants, turf, trees and shrubs.
(9) Veterinarian facilities.
(10) Riding stables.
(11) Wineries.
(12) Public parks, playgrounds and recreational
facilities.
(13) Dog kennels, commercial or noncommercial;
provided any commercial open pens, runs, cages, or
kennels shall be located at least two hundred (200) feet
from any lot line.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings.
(2) Agricultural accessory structures, provided that
any building for the keeping of animals shall be located
at least two hundred (200) feet from any lot line.
(3) Agricultural product storage.
(4) Roadside stands
products.
(5) Home occupations,
nuisance, hazardous or
property, to adjoining
health and welfare.
for sale of agricultural
so long as they do not create
dangerous conditions on the
landowners, or impact public
(6) Home day cares, with five (5) or more unrelated
children in a twenty-four (24) hour period, as permitted
in section 30-408, supplemental regulations.
(7) Solar energy systems, as permitted in section 30-
410, supplemental regulations.
(8) Timber harvest.
I •
(9) Hunting pursuant to Missouri Department of
Conservation guidelines.
(d) Special uses.
(1) Commercial day care facilities.
(2) Wind energy conversion systems, as permitted by
section 30-410, supplemental regulations.
(3) Cemeteries on a minimum of ten (10) acres of
land.
(4) Public utilities, except for buildings and
accessory structures that are normal and customary in a
zoning district which would allow other buildings of the
same nature as a use -by -right.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Forty (40) feet.
(2) Minimum District Size: Twenty-five (25) acres.
(3) Maximum Density: One (1) unit per five (5) acres.
(4) Minimum Lot Width: Two hundred (200) feet at
building setback line.
(5) Minimum Lot Area: Ten (10) acres for each single-
family detached dwelling; no subdivision is required for
such lots.
(6) Minimum Yard Requirements: None
(f) Prohibited uses.
(1) Single-family subdivision.
are hereby repealed, and new Sections 30-310 and 30-311 are
hereby adopted, in lieu thereof, in words and figures, to read
as follows:
Sec. 30-310. - AG, Agricultural District.
(a) Purpose. The purpose of the AG (agricultural) district
is to preserve, in agricultural uses, lands suited to
future urban development pending proper timing and
economical provision of public utilities and community
facilities to ensure compact and orderly land use
development. This district is intended for land of ten
(10) acres or more. The subdivision of land for the
purpose of converting agricultural or other undeveloped
50
land to residential use, is not permitted in the AG
district.
(b) Permitted principal uses.
(1) Farming, pastureland and agriculture, except
commercial feedlots, stockyards and confinement
operations.
(2) Orchards.
(3) Keeping or raising of large or small animals or
poultry, including structures for storage and
processing, and including accessory structures where
animals are kept, shall be two hundred (200) feet from
the property line. Commercial slaughtering business is
not allowed.
(4) Single -family detached dwellings, not to exceed
four (4) dwellings per farm.
(5) Police and fire stations.
(6) Bed and breakfasts.
(7) Golf courses and driving ranges; this shall not
include separate miniature golf courses and other
similar activities operated as a business.
(8) Nurseries and greenhouses; for growing,
propagation or sale of plants, turf, trees and shrubs.
(9) Veterinarian facilities, provided that all
buildings, structures, pens or open kennels shall be
located at least two hundred (200) feet from any lot
line.
(10) Riding stables, provided that any building for
keeping of animals shall be located at least two hundred
(200) feet from any lot line.
(11) Wineries.
(12) Public parks, playgrounds and recreational
facilities.
(13) Dog kennels, commercial or noncommercial;
provided any commercial open pens, runs, cages, or
kennels shall be located at least two hundred (200) feet
from any lot line.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, provided that any accessory structures used
for the keeping of animals shall be located at least two
hundred (200) feet from any lot line.
(2) Agricultural product storage.
(3) Roadside stands for sale of agricultural
products.
51
(4) Home occupations, as permitted in section 30-405,
supplemental regulations, but not including typical
farming operations.
(5) Home day cares, with five (5) or more unrelated
children in a twenty-four (24) hour period, as permitted
in section 30-408, supplemental regulations.
(6) Solar energy systems, as permitted in section 30-
410, supplemental regulations.
(7) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Commercial day care facilities.
(2) Manufactured home, for the purpose of
agricultural related residence.
(3) Wind energy conversion systems, as permitted by
section 30-410, supplemental regulations.
(4) Cemeteries on a minimum of ten (10) acres of
land.
(5) Public utilities, except for buildings and
accessory structures that are normal and customary in a
zoning district which would allow other buildings of the
same nature as a use -by -right.
(6) Short term use of shipping containers for
principal uses, as permitted in section 30-402,
supplemental regulations.
(7) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Forty (40) feet.
(2) Minimum District Size: Ten (10) acres.
(3) Maximum Density: One (1) unit per five (5) acres.
(4) Minimum Lot Width: Two hundred (200) feet at
building setback line.
(5) Minimum Lot Area: Five (5) acres for each single-
family detached dwelling; no subdivision is required for
such lots.
(6) Minimum Yard Requirements:
a. Front yard: Sixty (60) feet.
b. Rear yard: Fifty (50) feet.
C. Side yard: Fifty (50) feet.
(f) Prohibited uses.
(1) Single-family subdivision.
52
Sec. 30-311. - AG -1, exclusive agricultural district.
(a) Purpose. The purpose of the AG -1 district is to
provide for agricultural activities, and to provide for
untimely scattering of more dense urban uses, which
should be confined to areas planned for efficient
extension of public services. The district is
established to preserve, in agricultural uses, lands
suited for future urban development pending proper
timing and economical provision of public utilities and
community facilities to ensure compact and orderly land
use development. The subdivision of land for the purpose
of converting agricultural or other undeveloped land to
residential use, where the opening of new streets or
roadways is contemplated to accomplish this purpose, is
not permitted in an AG -1 district. The subdivision of
land for a purpose that relates to a use provided for in
the AG -1 district may be allowed. Change of zoning from
AG -1 to any other zoning district shall be accompanied
by a site plan for development and be subject to
provisions of the Code of Ordinances of the City of Cape
Girardeau.
(b) Permitted principal uses.
(1) Farming, pastureland and agriculture, except
animal feeding operations (AFO) and concentrated animal
feeding operations, (CAFO), feedlots, stockyards and
confinement operations.
(2) Orchards.
(3) Keeping or raising of large or small animals or
poultry, including structures for storage and
processing, and including accessory structures where
animals are kept. High volume wholesale commercial
slaughtering business is not allowed.
(4) Single-family detached dwellings, not to exceed
four (4) dwellings per farm, which includes manufactured
homes.
(5) Police and fire stations.
(6) Bed and breakfasts.
(7) Golf courses and driving ranges; this shall not
include separate miniature golf courses and other
similar activities operated as a business.
53
(8) Nurseries and greenhouses; for growing,
propagation or sale of plants, turf, trees and shrubs.
(9) Veterinarian facilities.
(10) Riding stables.
(11) Wineries.
(12) Public parks, playgrounds and recreational
facilities.
(13) Dog kennels, commercial or noncommercial;
provided any commercial open pens, runs, cages, or
kennels shall be located at least two hundred (200) feet
from any lot line.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, provided that any accessory structures used
for the keeping of animals shall be located at least two
hundred (200) feet from any lot line.
(2) Agricultural product storage.
(3) Roadside stands for sale of agricultural
products.
(4) Home occupations, so long as they do not create
nuisance, hazardous or dangerous conditions on the
property, to adjoining landowners, or impact public
health and welfare.
(5) Home day cares, with five (5) or more unrelated
children in a twenty-four (24) hour period, as permitted
in section 30-408, supplemental regulations.
(6) Solar energy systems, as permitted in section 30-
410, supplemental regulations.
(7) Timber harvest.
(8) Hunting pursuant to Missouri Department of
Conservation guidelines.
(9) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Commercial day care facilities.
(2) Wind energy conversion systems, as permitted by
section 30-410, supplemental regulations.
54
(3) Cemeteries on a minimum of ten (10) acres of
land.
(4) Public utilities, except for buildings and
accessory structures that are normal and customary in a
zoning district which would allow other buildings of the
same nature as a use -by -right.
(5) Short term use of shipping containers for
principal uses, as permitted in section 30-402,
supplemental regulations.
(6) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Forty (40) feet.
(2) Minimum District Size: Twenty-five (25) acres.
(3) Maximum Density: One (1) unit per five (5) acres.
(4) Minimum Lot Width: Two hundred (200) feet at
building setback line.
(5) Minimum Lot Area: Ten (10) acres for each single-
family detached dwelling; no subdivision is required for
such lots.
(6) Minimum Yard Requirements: None
(f) Prohibited uses.
(1) Single-family subdivision.
Article 4. Sections 30-321 through 30-328 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, reading as
follows:
Sec. 30-321. - RE, rural estate single-family
district.
(a) Purpose. This district is intended to promote and
preserve "estate" single-family residential
development, which is defined as being larger lot
sizes with a minimum one and one-half (11�) acres
per lot.
(b) Permitted uses.
55
(1) Single-family detached dwelling with only
one (1) dwelling per lot.
(2) Hobby farms; with cattle and horse(s) or
other farm related animals, allowed on a five (5)
acre lot, with one (1) allowed animal per every
acre of grazing.
(3) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(4) Public parks, playgrounds, and recreational
facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices operated
by a neighborhood or community organization or a
property owners association.
(8) Golf courses; this shall not include
separate miniature golf courses, driving ranges
and other similar activities operated as a
business.
(c) Permitted uses (accessory).
(1) Home day cares, with no more than four (4)
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(2) Private garages, carports and accessory
buildings, as permitted in section 30-403,
supplemental regulations.
(3) Guest house, as permitted in section 30-412,
supplemental regulations.
(4) In home elderly care, with a maximum of
three (3) persons, as permitted in section 30-
411, supplemental regulations.
(5) Home occupations, as permitted in section
30-405, supplemental regulations.
(6) Solar energy systems, as permitted in
section 40-410, supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children in a twenty-four (24) hour
56
period, as permitted in section 30-408,
supplemental regulations.
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(4) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Parking requirements. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
(f) Height, area, bulk, and setback regulations.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2 ) Minimum Lot Area: One and one-half (11�) acre
lots.
(3) Maximum Density: One (1) unit per one and
one-half (11�) acres. Higher densities may be
approved with a cluster subdivision, as permitted
in chapter 25 of the City Code.
(4) Minimum Lot Width: Two hundred (200) feet.
(5) Minimum Yard Requirements:
a. Front yard: Fifty (50) feet.
b. Rear yard: Fifty (50) feet.
C. Side yard: Twenty-five (25) feet.
Sec. 30-322. - R-1, single-family suburban residential
district.
(a) Purpose. The R-1 district is intended primarily
for single-family detached dwellings with a
maximum density of four (4) units per acre. It is
designed to provide for quality single-family
residential neighborhoods in a conventional
subdivision setting, while encouraging a mix of
housing styles, designs and development. Certain
other structures and uses necessary to serve the
57
area are allowed as permitted uses or through the
approval of a special use permit, subject to
restrictions intended to preserve and protect the
single-family residential character of the
district.
(b) Permitted uses.
(1) Single-family detached dwelling, with only
one (1) dwelling per lot.
(2) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(3) Golf courses; this shall not include
separate miniature golf courses, driving ranges
and other similar activities operated as a
business.
(4) Public parks, playgrounds, and recreational
facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(8) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons 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 seventy (370) feet to any
other such home.
(9) A private residence licensed by the Missouri
Division of Family Services or Missouri
Department of Mental Health to provide foster
W.
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 safety codes are
met and an occupancy permit issued therefor.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings as permitted in section 30-403,
supplemental regulations.
(2) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(3) Home occupations, as permitted in section
30-405, supplemental regulations.
(4) Home day cares, with no more than four (4)
unrelated children in a twenty-four (24) hour
period as permitted in section 30-408,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(2) Libraries, on a minimum of two (2) acres of
land.
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Ten thousand (10,000)
square feet.
(3) Maximum Density: Four (4) units per one (1)
acre. Higher densities may be approved with a
cluster subdivision, as permitted in chapter 25
of the City Code.
59
(4) Minimum Lot Width: Eighty (80) feet.
(5) Minimum Yard Requirements:
a. Front yard: Thirty (30) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: Six (6) feet.
(f) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-323. - R-2, single-family urban residential
district.
(a) Purpose. The R-2, single-family urban residential
district is to provide for quality residential
neighborhoods that are compact and walkable, to
provide public gathering spaces, and to encourage
a mix of residential designs, styles and sizes,
thus creating a unique, yet cohesive
neighborhood. It is also intended to conserve the
residential character of existing neighborhoods
in the downtown and existing areas of the city.
It is designed to promote the preservation and
maintenance of older single-family dwellings,
while also allowing a variety of uses and density
as was originally intended within the downtown
area and other earlier developments within the
city. It is to provide a full range of single-
family housing choices and to promote a sense of
community, urban vitality, and the efficient
provision of infrastructure.
(b) Permitted uses.
(1) Single-family detached dwelling, with only
one (1) dwelling per lot.
(2) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(3) Golf courses; this shall not include
separate miniature golf courses, driving ranges
and other similar activities operated as a
business.
:�
(4) Public parks, playgrounds, and recreational
facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(8) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons 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 seventy (370) feet to any
other such home.
(9) A private residence licensed 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 safety codes are
met and an occupancy permit issued therefor.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings as permitted in section 30-403,
supplemental regulations.
(2) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(3) Home occupations, as permitted in section
30-405, supplemental regulations.
M
(4) Home day cares, with no more than four (4)
unrelated children in a twenty-four (24) hour
period as permitted in section 30-408,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(2) Libraries, on a minimum of two (2) acres of
land.
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Eight thousand (8,000)
square feet.
(3) Maximum Density: Five (5) units per one (1)
acre. Higher densities may be approved with a
cluster subdivision, as permitted in chapter 25
of the City Code.
(4) Minimum Lot Width: Sixty (60) feet.
(5) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: Five (5) feet.
(f) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Me
Sec. 30-324. - R-3, high density single-family
residential district.
(a) Purpose. This district is intended to accommodate
single-family, two-family and townhouse
residential developments at maximum densities of
up to nine (9) units per acre. This district will
serve as a transition between lower density and
higher density residential districts. Certain
other structures and uses necessary to serve the
area are allowed as permitted uses or through the
approval of a special use permit, subject to
restrictions intended to preserve and protect the
residential character of this district.
(b) Permitted uses.
(1) Single-family detached dwellings, with only
one (1) dwelling per lot.
(2) Duplexes, two-family dwelling units.
(3) Townhouses.
(4) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(5) Public parks, playgrounds, and recreational
facilities.
(6) Police and fire stations.
(7) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(8) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(9) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons residing in the home,
provided that:
a. The exterior appearance of the home and
property shall reasonably conform to the
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exterior appearance of other dwellings and
property in the neighborhood; and
b. Such home shall not be located closer
than three hundred seventy (370) feet to any
other such home.
(10) A private residence licensed 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 safety codes are
met and an occupancy permit issued therefor.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Home day cares, with no more than (4)
unrelated children in a twenty-four (24) hour
period as permitted in section 30-408,
supplemental regulations.
(4) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children, as permitted in section 30-
408, supplemental regulations.
(2) Bed and breakfasts.
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4) Transitional housing.
(5) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Height, area, bulk and setback requirements.
(1) Maximum Height:
:"
a. When side yards are less than fifteen
(15) feet in width, two and one-half (21�)
stories not to exceed thirty-five (35) feet.
b. When side yards are fifteen (15) feet
in width or greater, three (3) stories, not
to exceed forty-five (45) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. Duplexes, three thousand seven hundred
fifty (3,750) square feet per unit.
C. Single-family, five thousand (5,000)
square feet.
(3) Maximum Density: Nine (9) units per one (1)
acre. Higher densities may be approved with a
cluster subdivision as permitted in chapter 25 of
the City Code.
(4) Minimum Lot Width:
a. Townhouses and duplexes: Twenty (20)
feet.
b. All other uses: Thirty (30) feet.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty (20) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty (20) feet.
C. Side yard:
1. Townhouses and duplexes: None.
2. All other uses: Three (3) feet.
(f) Open space, landscaping and bufferyard
requirements. For any nonresidential uses:
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and buffer yards.
(2) Landscaping, shall be provided as required
in chapter 25 of the City Code.
(3) A 20 -foot wide bufferyard shall be required
adjacent to any property in the AG, AG -1, RE, R-
1, or R-2 zoning districts. This bufferyard shall
comply with the requirements of chapter 25 of the
City Code.
m
(g) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-325. - R-4, medium density multifamily
residential district.
(a) Purpose. The R-4 district provides for
multifamily dwellings and other residential uses
with a maximum density of eighteen (18) units per
one (1) acre. Single-family and two-family
(duplex) dwellings are permitted in order to
accommodate existing R-4 zoned lots that either
contain such uses or are not large enough to be
developed for multifamily dwellings. It is not
intended for new single-family or two-family
subdivisions, which are prohibited.
(b) Permitted uses.
(1) Single-family detached dwellings, with only
one (1) dwelling per lot, and excluding new
single-family subdivisions.
(2) Two-family (duplex) dwellings, excluding new
two-family subdivisions.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted elsewhere
in the City Code.
(6) Nursing homes, senior citizen housing and
retirement homes.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor
and/or outdoor recreational facilities, offices
of property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(8) Public parks, playgrounds, and recreational
facilities.
(9) Police and fire stations.
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(10) Elementary, middle and secondary schools,
and development centers for elementary, middle
and secondary school age children with physical,
mental or developmental disabilities.
(11) Commercial day cares.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Bed and breakfasts.
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Transitional housing.
(4) Wind energy conversion systems, as permitted
by section 30-410, supplemental regulations.
(5) Residential treatment facilities.
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Height, area, bulk and setback regulations.
(1) Maximum height: Five (5) stories not to
exceed sixty (60) feet.
(2) Minimum lot area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. All other uses: Three thousand seven
hundred fifty (3,750) square feet.
(3) Maximum density: Eighteen (18) units per one
(1) acre. Higher densities may be approved with a
cluster subdivision, as permitted elsewhere in
the City Code.
(4) Minimum lot width:
a. Each townhouse: Twenty (20) feet.
b. All other uses: None.
(5) Minimum yard requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
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2. All other uses: Twenty-five (25)
feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty-five (25)
feet.
C. Side yard:
1. Each townhouse: None.
2. All other uses: Five (5) feet.
(6) Maximum building coverage, including
accessory buildings: Fifty (50) percent of the
lot for all uses except townhouses.
(7) Open space requirements. For any multifamily
residential uses or nonresidential uses, a
minimum of twenty (20) percent of the total lot
area shall be devoted to open space, including
required yards and bufferyards.
Sec. 30-326. - R-5, high density multifamily
residential district.
(a) Purpose. This district is intended to accommodate
multifamily developments at maximum densities of
up to thirty (30) units per acre. This district
is intended for high density, multifamily
development consistent with high intensity use
areas. This district is intended for areas that
have access for vehicular traffic from collector
or arterial streets without traversing minor
streets in adjoining residential neighborhoods.
New single-family dwellings are not permitted in
order to ensure that vacant land set aside for
multifamily development is not preempted by less
intensive development.
(b) Permitted uses.
(1) Multifamily dwellings.
(2) Townhouses.
(3) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(4) Commercial day cares.
(5) Police and fire stations.
(6) Public parks, playgrounds and recreational
facilities.
(7) Elementary, middle and secondary schools, or
development centers for elementary, middle and
W.
secondary school age children with handicaps or
development disabilities, on a minimum of five
(5) acres of land.
(8) Nursing homes, senior citizen housing or
retirement homes.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Bed and breakfasts.
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Transitional housing.
(4) Wind energy conversion systems, as permitted
by section 30-410, supplemental regulations.
(5) Residential treatment facilities.
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Five (5) stories not to
exceed sixty (60) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. All other uses: Three thousand seven
hundred fifty (3,750) square feet.
(3) Maximum Density: Thirty (30) units per one
(1) acre. Higher densities may be approved with a
cluster subdivision, as permitted by chapter 25
of the City Code.
(4) Minimum Lot Width:
a. Each townhouse: Twenty (20) feet.
b. All other uses: None.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
IWA
2. All other uses: Twenty-five (25)
feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty-five (25)
feet.
C. Side yard:
1. Each townhouse: None.
2. All other uses: Five (5) feet.
(6) Maximum Building Coverage, including
accessory building: Fifty (50) percent of the lot
for all uses except townhouses.
(f) Open space, landscaping and bufferyard
requirements. For any multifamily residential
uses or nonresidential uses:
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A 20 -foot wide bufferyard shall be required
adjacent to any property in the AG, AG -1, RE, R-
1, R-2 or R-3 zoning districts. This bufferyard
shall comply with the requirements of chapter 25
of the City Code.
(g) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-327. - RUMD, residential urban mixed density
district.
(a) Purpose. This district is intended to provide for
moderate density residential development with a
mixture of housing styles and densities with a
maximum twelve (12) units per acre. These
developments are characterized by single-family
dwellings along with low to medium density
multifamily residential structures; such as
70
duplexes, townhouses or multifamily areas. It
provides regulation to encourage innovative forms
of housing development. It adapts to both
established and developing neighborhoods, as well
as being a transition between single-family and
multifamily areas. It intends to provide for the
stability of the existing residential development
located in the areas of the city, while
accommodating a range of compatible residential
densities. This district should be located
convenient to commercial uses and employment
centers.
(b) Permitted uses.
(1) Single-family detached dwellings.
(2) Duplexes, two-family dwelling units.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(6) Noncommercial, not-for-profit residential
neighborhood facilities, including indoor and
outdoor recreational facilities, community
centers, offices of property owners associations
and maintenance facilities operated by a
neighborhood or community organization or a
property owners association.
(7) Public parks, playgrounds and recreational
facilities.
(8) Police and fire stations.
(9) Elementary and middle schools or development
centers for elementary and middle school age
children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(10) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons 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
71
b. Such home shall not be located closer
than three hundred seventy (370) feet to any
other such home.
(11) A private resident licensed 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 safety codes are
met and an occupancy permit is issued therefor.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Home day cares, with no more than (4)
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(4) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Personal service establishments including,
but not limited to, beauty parlors, barber shops,
dry cleaning and laundry pick-up, shoe repair,
self-service laundromats, express or mailing
offices.
(2) Retail establishments which supply
convenience and specialized goods and services,
including, but not limited to, groceries, bakery,
package liquor, books, candy, dairy products,
drugs, flowers, gifts, jewelry, hobby materials,
meat, fish and poultry, news stands, wearing
apparel, shoes, clothing, toys, pipe and tobacco
and video rental.
(3) Restaurants and bars, excluding drive-in,
pick-up, or drive-thru facilities.
(4) Pet grooming with sales of pet grooming
products. The following are prohibited: overnight
pet stays, the sale or breeding of pets, and
kennels.
72
(5) Offices.
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Standards.
(1) No individual retail store, personal service
establishment or other permitted use shall have a
gross floor area greater than three thousand five
hundred (3,500) square feet.
(2) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and dumpsters
shall be located at the rear of the building and
properly screened as required in chapter 25 of
the City Code.
(3) All structures in this district shall be
constructed using materials, surfaces, textures,
and colors that are compatible with the
surrounding residential development.
Consideration shall also be given to the scale,
orientation and proportion of surrounding
development. Design review shall be performed as
part of the site plan review.
(4) Lighting shall be designed to be directed
away from any adjacent residential area.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height:
a. When side yards are less than fifteen
(15) feet in width, two and one-half (21�)
stories not to exceed thirty-five (35) feet.
b. When side yards are fifteen (15) feet
in width or greater, three (3) stories, not
to exceed forty-five (45) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. Duplexes, three thousand seven hundred
fifty (3,750) square feet per unit.
C. Single-family, five thousand (5,000)
square feet.
d. Multifamily, three thousand seven
hundred fifty (3,750) square feet.
73
(3) Maximum Density: Twelve (12) units per one
(1) acre. Higher densities may be approved with a
cluster subdivision as permitted in chapter 25 of
the City Code.
(4) Minimum Lot Width:
a. Each townhouse: Twenty (20) feet.
b. Each duplex: Twenty (20) feet.
C. All other uses: Thirty (30) feet.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty (20) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty (20) feet.
C. Side yard:
1. Each townhouse: None.
2. All other uses: Three (3) feet.
(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2 or R-3 zoning districts. This
bufferyard shall comply with the requirements of
chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-328. - RMH, residential manufactured home
district.
(a) Purpose. The residential manufactured home
district [RMH] is established to provide for the
74
placement of manufactured homes in manufactured
housing communities, at maximum residential
densities of eight (8) units per acre. It is
intended that such manufactured housing
communities shall be so located, designed and
improved as to provide: a desirable residential
environment, protection from potentially adverse
neighboring influences, protection for adjacent
residential properties, principal access for
vehicular traffic to collector or arterial
streets, and accessibility to public facilities,
places of employment and facilities for meeting
commercial and service needs not met within the
manufactured housing community. Certain other
residential and supporting uses are also allowed
in such district.
(b) Permitted uses.
(1) Manufactured homes, including mobile homes,
on subdivided individual building lots, with only
one (1) home per lot.
(2) Manufactured homes on rented lots.
(3) Police and fire stations.
(4) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(c) Permitted uses (accessory).
(1) Private garages, carports and accessory
buildings as permitted in section 30-403,
supplemental regulations.
(2) One (1) single-family detached dwelling per
each manufactured housing community.
(3) Home day cares, with not more than four (4)
unrelated children, as permitted in section 30-
408, supplemental regulations.
(4) Home occupations, as permitted in section
30-405, supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Additional single-family detached dwellings.
(2) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
75
(3) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(e) Height, area, bulk and setback requirements on
subdivided individual lots.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Five thousand (5,000)
square feet.
(3) Minimum District Size: Ten (10) acres.
(4) Maximum Density: Eight (8) units per acre.
(5) Minimum Lot Width: Forty-five (45) feet.
(6) Minimum Lot Depth: Seventy-five (75) feet.
(7) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty (20) feet.
C. Side yard: Five (5) feet.
(8 ) Maximum Building Coverage, including
accessory building: Forty (40) percent.
(9) Minimum Open Space: Twenty-five (25) percent
of the total lot area shall be devoted to open
space, including required yards and bufferyards.
(f) Height, area, bulk and setback requirements in
manufactured housing development (mobile home
park) .
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Three thousand four
hundred (3,400) square feet.
(3) Minimum District Size: Ten (10) acres.
(4) Maximum Density: Eight (8) units per acre.
(5) Minimum Lot Width: Forty-five (45) feet.
(6) Minimum Lot Depth: Seventy-five (75) feet.
(7) Maximum Building Coverage, including
accessory building: Forty (40) percent.
(g) Design requirements.
(1) Subdivided lots and rented lots in a mobile
home park.
a. A site plan meeting the requirements of
chapter 25 of the City Code shall be
submitted and approved.
1. There shall not be less than
fifteen (15) feet between manufactured
76
(2)
(3)
homes or any other buildings, other
than accessory structures.
2. Any improvements necessary on the
lot for the support or anchoring of the
manufactured home shall be provided
prior to occupancy.
b. The manufactured home shall be in
compliance with Federal Manufactured Home
Construction and Safety Standards, adopted
June 15, 1976, as amended, and Missouri
Public Service Commission rules.
C. A minimum of twenty-four (24) inches of
crawl space under the entire manufactured
home shall be maintained.
d. The unit shall be served by water,
sewage disposal system, and electrical
service in accordance with the International
Plumbing Code and National Electric Code.
e. Storage of maintenance or other
equipment incidental to a permitted or
special use shall be screened from view in
accordance with chapter 25 of the City Code.
f. Accessory buildings and structures
shall meet the requirements of section 30-
403, supplemental regulations.
Subdivided lots, only.
a. Manufactured homes on individual
subdivided lots shall be permanently
installed on a properly designed, enclosed
foundation in accordance with the
International Building Code (IBC). All
wheels, springs, axles, lights and towing
apparatus shall be removed.
b. Permanent steps on subdivided lots
shall be set at all external exits with
appropriate hand rails and/or guard rails.
C. Parking spaces for each manufactured
home shall be provided on each lot, as per
chapter 25 of the City Code.
Rented lots in a mobile home park, only.
a. Skirting shall be placed around
manufactured homes that are not placed on a
permanent foundation. Such skirting shall be
similar in appearance to materials used for
the siding of the manufactured home to which
it is to be attached.
77
b. Refuse storage shall be screened from
view in accordance with chapter 25 of the
City Code.
C. Two (2) parking spaces for each
manufactured home shall be provided on each
lot; however, one (1) of these two (2)
required parking spaces may be located
within one hundred (100) feet of the lot
served.
(h) Open space, landscaping and bufferyard
requirements.
(1) A minimum of twenty-five (25) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in any other
zoning district. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(i) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
are hereby repealed, and new Sections 30-321 through 30-328 are
hereby adopted, in lieu thereof, in words and figures, to read
as follows:
Sec. 30-321. - RE, rural estate single-family
district.
(a) Purpose. This district is intended to promote and
preserve "estate" single-family residential
development, which is defined as being larger lot
sizes with a minimum one and one-half (11�) acres
per lot.
(b) Permitted principal uses.
(1) Single-family detached dwelling with only
one (1) dwelling per lot.
W.
(2) Hobby farms; with cattle and horse(s) or
other farm related animals, allowed on a five (5)
acre lot, with one (1) allowed animal per every
acre of grazing.
(3) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(4) Public parks, playgrounds, and recreational
facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices operated
by a neighborhood or community organization or a
property owners association.
(8) Golf courses; this shall not include
separate miniature golf courses, driving ranges
and other similar activities operated as a
business.
(c) Permitted accessory uses.
(1) Home day cares, with no more than four (4)
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(2) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
(3) Guest house, as permitted in section 30-412,
supplemental regulations.
(4) In home elderly care, with a maximum of
three (3) persons, as permitted in section 30-
411, supplemental regulations.
(5) Home occupations, as permitted in section
30-405, supplemental regulations.
(6) Solar energy systems, as permitted in
section 40-410, supplemental regulations.
(7) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children in a twenty-four (24) hour
79
period, as permitted in section 30-408,
supplemental regulations.
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(4) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(5) Short term use of shipping containers for
principal uses, as permitted in section 30-402,
supplemental regulations.
(6) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Parking requirements. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
(f) Height, area, bulk, and setback regulations.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2 ) Minimum Lot Area: One and one-half (11�) acre
lots.
(3) Maximum Density: One (1) unit per one and
one-half (11�) acres. Higher densities may be
approved with a cluster subdivision, as permitted
in chapter 25 of the City Code.
(4) Minimum Lot Width: Two hundred (200) feet.
(5) Minimum Yard Requirements:
a. Front yard: Fifty (50) feet.
b. Rear yard: Fifty (50) feet.
C. Side yard: Twenty-five (25) feet.
Sec. 30-322. - R-1, single-family suburban residential
district.
:�
(a) Purpose. The R-1 district is intended primarily
for single-family detached dwellings with a
maximum density of four (4) units per acre. It is
designed to provide for quality single-family
residential neighborhoods in a conventional
subdivision setting, while encouraging a mix of
housing styles, designs and development. Certain
other structures and uses necessary to serve the
area are allowed as permitted uses or through the
approval of a special use permit, subject to
restrictions intended to preserve and protect the
single-family residential character of the
district.
(b) Permitted principal uses.
(1) Single-family detached dwelling, with only
one (1) dwelling per lot.
(2) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(3) Golf courses; this shall not include
separate miniature golf courses, driving ranges
and other similar activities operated as a
business.
(4) Public parks, playgrounds, and recreational
facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(8) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons residing in the home,
provided that:
a. The exterior appearance of the home and
property shall reasonably conform to the
NO
exterior appearance of other dwellings and
property in the neighborhood; and
b. Such home shall not be located closer
than three hundred seventy (370) feet to any
other such home.
(9) A private residence licensed 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 safety codes are
met and an occupancy permit issued therefor.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
(2) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(3) Home occupations, as permitted in section
30-405, supplemental regulations.
(4) Home day cares, with no more than four (4)
unrelated children in a twenty-four (24) hour
period as permitted in section 30-408,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(6) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(2) Libraries, on a minimum of two (2) acres of
land.
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(6) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Ten thousand (10,000)
square feet.
(3) Maximum Density: Four (4) units per one (1)
acre. Higher densities may be approved with a
cluster subdivision, as permitted in chapter 25
of the City Code.
(4) Minimum Lot Width: Eighty (80) feet.
(5) Minimum Yard Requirements:
a. Front yard: Thirty (30) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: Six (6) feet.
(f) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-323. - R-2, single-family urban residential
district.
(a) Purpose. The R-2, single-family urban residential
district is to provide for quality residential
neighborhoods that are compact and walkable, to
provide public gathering spaces, and to encourage
a mix of residential designs, styles and sizes,
thus creating a unique, yet cohesive
neighborhood. It is also intended to conserve the
residential character of existing neighborhoods
in the downtown and existing areas of the city.
It is designed to promote the preservation and
maintenance of older single-family dwellings,
while also allowing a variety of uses and density
as was originally intended within the downtown
area and other earlier developments within the
C'
city. It is to provide a full range of single-
family housing choices and to promote a sense of
community, urban vitality, and the efficient
provision of infrastructure.
(b) Permitted principal uses.
(1) Single-family detached dwelling, with only
one (1) dwelling per lot.
(2) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(3) Golf courses; this shall not include
separate miniature golf courses, driving ranges
and other similar activities operated as a
business.
(4) Public parks, playgrounds, and recreational
facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(8) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons 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 seventy (370) feet to any
other such home.
(9) A private residence licensed 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 safety codes are
met and an occupancy permit issued therefor.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
(2) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(3) Home occupations, as permitted in section
30-405, supplemental regulations.
(4) Home day cares, with no more than four (4)
unrelated children in a twenty-four (24) hour
period as permitted in section 30-408,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(6) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(2) Libraries, on a minimum of two (2) acres of
land.
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(6) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
:"
(2) Minimum Lot Area: Eight thousand (8,000)
square feet.
(3) Maximum Density: Five (5) units per one (1)
acre. Higher densities may be approved with a
cluster subdivision, as permitted in chapter 25
of the City Code.
(4) Minimum Lot Width: Sixty (60) feet.
(5) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: Five (5) feet.
(f) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-324. - R-3, high density single-family
residential district.
(a) Purpose. This district is intended to accommodate
single-family, two-family and townhouse
residential developments at maximum densities of
up to nine (9) units per acre. This district will
serve as a transition between lower density and
higher density residential districts. Certain
other structures and uses necessary to serve the
area are allowed as permitted uses or through the
approval of a special use permit, subject to
restrictions intended to preserve and protect the
residential character of this district.
(b) Permitted principal uses.
(1) Single-family detached dwellings, with only
one (1) dwelling per lot.
(2) Duplexes, two-family dwelling units.
(3) Townhouses.
(4) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(5) Public parks, playgrounds, and recreational
facilities.
(6) Police and fire stations.
i •
(7) Elementary and middle schools, or
development centers for elementary and middle
school age children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(8) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(9) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons 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 seventy (370) feet to any
other such home.
(10) A private residence licensed 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 safety codes are
met and an occupancy permit issued therefor.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Home day cares, with no more than (4)
unrelated children in a twenty-four (24) hour
period as permitted in section 30-408,
supplemental regulations.
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(4) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(6) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Home day cares, with five (5) or more
unrelated children, as permitted in section 30-
408, supplemental regulations.
(2) Bed and breakfasts.
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4) Transitional housing.
(5) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(7) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback requirements.
(1) Maximum Height:
a. When side yards are less than fifteen
(15) feet in width, two and one-half (21�)
stories not to exceed thirty-five (35) feet.
b. When side yards are fifteen (15) feet
in width or greater, three (3) stories, not
to exceed forty-five (45) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. Duplexes, three thousand seven hundred
fifty (3,750) square feet per unit.
C. Single-family, five thousand (5,000)
square feet.
(3) Maximum Density: Nine (9) units per one (1)
acre. Higher densities may be approved with a
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cluster subdivision as permitted in chapter 25 of
the City Code.
(4) Minimum Lot Width:
a. Townhouses and duplexes: Twenty (20)
feet.
b. All other uses: Thirty (30) feet.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty (20) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty (20) feet.
C. Side yard:
1. Townhouses and duplexes: None.
2. All other uses: Three (3) feet.
(f) Open space, landscaping and bufferyard
requirements. For any nonresidential uses:
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and buffer yards.
(2) Landscaping, shall be provided as required
in chapter 25 of the City Code.
(3) A 20 -foot wide bufferyard shall be required
adjacent to any property in the AG, AG -1, RE, R-
1, or R-2 zoning districts. This bufferyard shall
comply with the requirements of chapter 25 of the
City Code.
(g) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-325. - R-4, medium density multifamily
residential district.
(a) Purpose. The R-4 district provides for
multifamily dwellings and other residential uses
with a maximum density of eighteen (18) units per
one (1) acre. Single-family detached and two-
family (duplex) dwellings are permitted in order
to accommodate existing R-4 zoned lots that
either contain such uses or are not large enough
to be developed for multifamily dwellings. It is
not intended for new single-family detached or
two-family subdivisions, which are prohibited.
(b) Permitted principal uses.
(1) Single-family detached dwellings, with only
one (1) dwelling per lot, and excluding new
single-family detached subdivisions.
(2) Two-family (duplex) dwellings, excluding new
two-family subdivisions.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted elsewhere
in the City Code.
(6) Nursing homes, senior citizen housing and
retirement homes.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor
and/or outdoor recreational facilities, offices
of property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(8) Public parks, playgrounds, and recreational
facilities.
(9) Police and fire stations.
(10) Elementary, middle and secondary schools,
and development centers for elementary, middle
and secondary school age children with physical,
mental or developmental disabilities.
(11) Commercial day cares.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(4) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
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(1) Bed and breakfasts.
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Transitional housing.
(4) Wind energy conversion systems, as permitted
by section 30-410, supplemental regulations.
(5) Residential treatment facilities.
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(7) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback regulations.
(1) Maximum height: Five (5) stories not to
exceed sixty (60) feet.
(2) Minimum lot area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. All other uses: Three thousand seven
hundred fifty (3,750) square feet.
(3) Maximum density: Eighteen (18) units per one
(1) acre. Higher densities may be approved with a
cluster subdivision, as permitted elsewhere in
the City Code.
(4) Minimum lot width:
a. Each townhouse: Twenty (20) feet.
b. All other uses: None.
(5) Minimum yard requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty-five (25)
feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty-five (25)
feet.
C. Side yard:
1. Each townhouse: None.
2. All other uses: Five (5) feet.
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(6) Maximum building coverage, including
accessory buildings: Fifty (50) percent of the
lot for all uses except townhouses.
(7) Open space requirements. For any multifamily
residential uses or nonresidential uses, a
minimum of twenty (20) percent of the total lot
area shall be devoted to open space, including
required yards and bufferyards.
Sec. 30-326. - R-5, high density multifamily
residential district.
(a) Purpose. This district is intended to accommodate
multifamily developments at maximum densities of
up to thirty (30) units per acre. This district
is intended for high density, multifamily
development consistent with high intensity use
areas. This district is intended for areas that
have access for vehicular traffic from collector
or arterial streets without traversing minor
streets in adjoining residential neighborhoods.
New single-family dwellings are not permitted in
order to ensure that vacant land set aside for
multifamily development is not preempted by less
intensive development.
(b) Permitted principal uses.
(1) Multifamily dwellings.
(2) Townhouses.
(3) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(4) Commercial day cares.
(5) Police and fire stations.
(6) Public parks, playgrounds and recreational
facilities.
(7) Elementary, middle and secondary schools, or
development centers for elementary, middle and
secondary school age children with handicaps or
development disabilities, on a minimum of five
(5) acres of land.
(8) Nursing homes, senior citizen housing or
retirement homes.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
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(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(4) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Bed and breakfasts.
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Transitional housing.
(4) Wind energy conversion systems, as permitted
by section 30-410, supplemental regulations.
(5) Residential treatment facilities.
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(7) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Five (5) stories not to
exceed sixty (60) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. All other uses: Three thousand seven
hundred fifty (3,750) square feet.
(3) Maximum Density: Thirty (30) units per one
(1) acre. Higher densities may be approved with a
cluster subdivision, as permitted by chapter 25
of the City Code.
(4) Minimum Lot Width:
a. Each townhouse: Twenty (20) feet.
b. All other uses: None.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty-five (25)
feet.
b. Rear yard:
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1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty-five (25)
feet.
C. Side yard:
1. Each townhouse: None.
2. All other uses: Five (5) feet.
(6) Maximum Building Coverage, including
accessory building: Fifty (50) percent of the lot
for all uses except townhouses.
(f) Open space, landscaping and bufferyard
requirements. For any multifamily residential
uses or nonresidential uses:
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A 20 -foot wide bufferyard shall be required
adjacent to any property in the AG, AG -1, RE, R-
1, R-2 or R-3 zoning districts. This bufferyard
shall comply with the requirements of chapter 25
of the City Code.
(g) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-327. - RUMD, residential urban mixed density
district.
(a) Purpose. This district is intended to provide for
moderate density residential development with a
mixture of housing styles and densities with a
maximum twelve (12) units per acre. These
developments are characterized by single-family
dwellings along with low to medium density
multifamily residential structures; such as
duplexes, townhouses or multifamily areas. It
provides regulation to encourage innovative forms
of housing development. It adapts to both
established and developing neighborhoods, as well
as being a transition between single-family and
multifamily areas. It intends to provide for the
stability of the existing residential development
located in the areas of the city, while
accommodating a range of compatible residential
densities. This district should be located
convenient to commercial uses and employment
centers.
(b) Permitted principal uses.
(1) Single-family detached dwellings.
(2) Duplexes, two-family dwelling units.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted in
chapter 25 of the City Code.
(6) Noncommercial, not-for-profit residential
neighborhood facilities, including indoor and
outdoor recreational facilities, community
centers, offices of property owners associations
and maintenance facilities operated by a
neighborhood or community organization or a
property owners association.
(7) Public parks, playgrounds and recreational
facilities.
(8) Police and fire stations.
(9) Elementary and middle schools or development
centers for elementary and middle school age
children with handicaps or development
disabilities, on a minimum of five (5) acres of
land.
(10) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional persons
acting as house parents or guardians who need not
be related to each other or to any of the
handicapped persons 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 seventy (370) feet to any
other such home.
(11) A private resident licensed 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 safety codes are
met and an occupancy permit is issued therefor.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section
30-405, supplemental regulations.
(3) Home day cares, with no more than (4)
unrelated children in a twenty-four (24) hour
period, as permitted in section 30-408,
supplemental regulations.
(4) In home elderly care, with a maximum of
three (3) persons as permitted in section 30-411,
supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(6) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Personal service establishments including,
but not limited to, beauty parlors, barber shops,
dry cleaning and laundry pick-up, shoe repair,
self-service laundromats, express or mailing
offices.
(2) Retail establishments which supply
convenience and specialized goods and services,
including, but not limited to, groceries, bakery,
package liquor, books, candy, dairy products,
drugs, flowers, gifts, jewelry, hobby materials,
meat, fish and poultry, news stands, wearing
apparel, shoes, clothing, toys, pipe and tobacco
and video rental.
(3) Restaurants and bars, excluding drive-in,
pick-up, or drive-thru facilities.
(4) Pet grooming with sales of pet grooming
products. The following are prohibited: overnight
pet stays, the sale or breeding of pets, and
kennels.
(5) Offices.
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(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(7) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Standards.
(1) No commercial building footprint shall have
a gross floor area greater than three thousand
five hundred (3,500) square feet.
(2) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and dumpsters
shall be located at the rear of the building and
properly screened as required in chapter 25 of
the City Code.
(3) All structures in this district shall be
constructed using materials, surfaces, textures,
and colors that are compatible with the
surrounding residential development.
Consideration shall also be given to the scale,
orientation and proportion of surrounding
development. Design review shall be performed as
part of the site plan review.
(4) Lighting shall be designed to be directed
away from any adjacent residential area.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height:
a. When side yards are less than fifteen
(15) feet in width, two and one-half (21�)
stories not to exceed thirty-five (35) feet.
b. When side yards are fifteen (15) feet
in width or greater, three (3) stories, not
to exceed forty-five (45) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. Duplexes, three thousand seven hundred
fifty (3,750) square feet per unit.
C. Single-family, five thousand (5,000)
square feet.
d. Multifamily, three thousand seven
hundred fifty (3,750) square feet.
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(3) Maximum Density: Twelve (12) units per one
(1) acre. Higher densities may be approved with a
cluster subdivision as permitted in chapter 25 of
the City Code.
(4) Minimum Lot Width:
a. Each townhouse: Twenty (20) feet.
b. Each duplex: Twenty (20) feet.
C. All other uses: Thirty (30) feet.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty (20) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty (20) feet.
C. Side yard:
1. Each townhouse: None.
2. All other uses: Three (3) feet.
(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2 or R-3 zoning districts. This
bufferyard shall comply with the requirements of
chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-328. - RMH, residential manufactured home
district.
(a) Purpose. The residential manufactured home
district [RMH] is established to provide for the
W.
placement of manufactured homes in manufactured
housing communities, at maximum residential
densities of eight (8) units per acre. It is
intended that such manufactured housing
communities shall be so located, designed and
improved as to provide: a desirable residential
environment, protection from potentially adverse
neighboring influences, protection for adjacent
residential properties, principal access for
vehicular traffic to collector or arterial
streets, and accessibility to public facilities,
places of employment and facilities for meeting
commercial and service needs not met within the
manufactured housing community. Certain other
residential and supporting uses are also allowed
in such district.
(b) Permitted principal uses.
(1) Manufactured homes, including mobile homes,
on subdivided individual building lots, with only
one (1) home per lot.
(2) Manufactured homes on rented lots.
(3) Police and fire stations.
(4) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of
property owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory
structures, as permitted in section 30-403,
supplemental regulations.
(2) One (1) single-family detached dwelling per
each manufactured housing community.
(3) Home day cares, with not more than four (4)
unrelated children, as permitted in section 30-
408, supplemental regulations.
(4) Home occupations, as permitted in section
30-405, supplemental regulations.
(5) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(6) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Additional single -family detached dwellings.
(2) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(3) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(4) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback requirements on
subdivided individual lots.
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Five thousand (5,000)
square feet.
(3) Minimum District Size: Ten (10) acres.
(4) Maximum Density: Eight (8) units per acre.
(5) Minimum Lot Width: Forty-five (45) feet.
(6) Minimum Lot Depth: Seventy-five (75) feet.
(7) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty (20) feet.
C. Side yard: Five (5) feet.
(8 ) Maximum Building Coverage, including
accessory building: Forty (40) percent.
(9) Minimum Open Space: Twenty-five (25) percent
of the total lot area shall be devoted to open
space, including required yards and bufferyards.
(f) Height, area, bulk and setback requirements in
manufactured housing development (mobile home
park) .
(1) Maximum Height: Two and one-half ( 21�)
stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Three thousand four
hundred (3,400) square feet.
(3) Minimum District Size: Ten (10) acres.
(4) Maximum Density: Eight (8) units per acre.
(5) Minimum Lot Width: Forty-five (45) feet.
(6) Minimum Lot Depth: Seventy-five (75) feet.
(7) Maximum Building Coverage, including
accessory building: Forty (40) percent.
(g) Design requirements.
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(1) Subdivided lots and rented lots in a mobile
home park.
a. A site plan meeting the requirements of
chapter 25 of the City Code shall be
submitted and approved.
1. There shall not be less than
fifteen (15) feet between manufactured
homes or any other buildings, other
than accessory structures.
2. Any improvements necessary on the
lot for the support or anchoring of the
manufactured home shall be provided
prior to occupancy.
b. The manufactured home shall be in
compliance with Federal Manufactured Home
Construction and Safety Standards, adopted
June 15, 1976, as amended, and Missouri
Public Service Commission rules.
C. A minimum of twenty-four (24) inches of
crawl space under the entire manufactured
home shall be maintained.
d. The unit shall be served by water,
sewage disposal system, and electrical
service in accordance with the International
Plumbing Code and National Electric Code.
e. Storage of maintenance or other
equipment incidental to a permitted or
special use shall be screened from view in
accordance with chapter 25 of the City Code.
f. Accessory buildings and structures
shall meet the requirements of section 30-
403, supplemental regulations.
(2) Subdivided lots, only.
a. Manufactured homes on individual
subdivided lots shall be permanently
installed on a properly designed, enclosed
foundation in accordance with the
International Building Code (IBC). All
wheels, springs, axles, lights and towing
apparatus shall be removed.
b. Permanent steps on subdivided lots
shall be set at all external exits with
appropriate hand rails and/or guard rails.
C. Parking spaces for each manufactured
home shall be provided on each lot, as per
chapter 25 of the City Code.
101
(3) Rented lots in a mobile home park, only.
a. Skirting shall be placed around
manufactured homes that are not placed on a
permanent foundation. Such skirting shall be
similar in appearance to materials used for
the siding of the manufactured home to which
it is to be attached.
b. Refuse storage shall be screened from
view in accordance with chapter 25 of the
City Code.
C. Two (2) parking spaces for each
manufactured home shall be provided on each
lot; however, one (1) of these two (2)
required parking spaces may be located
within one hundred (100) feet of the lot
served.
(h) Open space, landscaping and bufferyard
requirements.
(1) A minimum of twenty-five (25) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in any other
zoning district. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(i) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Article 5. Sections 30-331 through 30-336 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, reading as
follows:
Sec. 30-331. - NC, neighborhood commercial district.
(a) Purpose. This district is intended to provide
small, convenient retail/commercial services and
102
offices that provide convenience goods or
personal service primarily to people residing in
adjacent residential areas. This district is
designed to accommodate compact, commercial uses
in residential neighborhoods at intersections or
along major streets, or to function as a
transition between more intense commercial uses
and neighborhoods. Additional requirements for
light, air, building design, open space and
landscaping are required to alleviate any adverse
impact on surrounding neighborhoods.
(b) Permitted uses.
(1) Commercial day care.
(2) Personal service establishments including,
but not limited to, beauty parlors, barber shops,
dry cleaning and laundry pick-up, shoe repair,
self-service laundromats, express or mailing
offices, and hearing aid and eye glass shops.
(3) Police and fire stations.
(4) Public parks, playgrounds and recreational
facilities.
(5) Residential uses, provided such uses are
located above the first floor or behind
nonresidential uses so as to promote continuous
nonresidential uses on the first floor level
along street frontages.
(6) Restaurants and bars, excluding drive-in,
pick-up or drive-thru facilities.
(7) Retail establishments which supply
convenience and specialized goods and services,
including, but not limited to: groceries, bakery,
package liquor, books, candy, dairy products,
drugs, flowers, gifts, jewelry, hobby materials,
meat, fish and poultry, news stands, wearing
apparel, shoes, clothing, toys, pipe and tobacco
and video rental.
(8) Pet grooming, with sales of pet grooming
products allowed as an accessory use. The
following uses are not accessory to this use and
are prohibited: overnight pet stays, the sale or
breeding of pets, kennels, veterinarian services,
runs and outside facilities.
(9) Finance, insurance and real estate services
including, but not limited to, banks, insurance
offices and security brokers. Banks and financial
institutions may include automatic teller
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machines and drive-thru facilities with a maximum
of two (2) teller stations or lanes.
(c) Permitted uses (accessory).
(1) Accessory buildings and uses customarily
incidental to the above uses including, but not
limited to, garages, and dumpster storage
facilities as permitted in section 30-403,
supplemental regulations.
(2) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) School and studios for art, dancing, drama,
music, photography, interior decorating or
similar courses of study.
(2) Vehicle fueling station, not including
service and repair.
(3) The allowance of additional height, not to
exceed thirty-five (35) feet, as long as
additional height does not adversely affect the
surrounding neighborhood.
(4) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(e) Standards.
(1) A site plan, meeting the requirements of
chapter 25 of the City Code shall be submitted
and approved.
(2) Buildings shall be designed in individual or
small groupings and shall not exceed sixteen
thousand (16,000) square feet per structure with
a maximum foot print of ten thousand (10,000)
square feet, nor exceed two (2) stories in
height, except as provided with a special use
permit. The commercial development shall be
designed and sized in a manner which is
architecturally, aesthetically and operationally
harmonious with surrounding development.
(3) No individual retail store, personal service
establishment or other permitted use shall have a
gross floor area greater than five thousand
(5,000) square feet.
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(4) All activities and permitted uses except
off-street parking and loading facilities, drive-
thru facilities, public parks and play grounds,
day care activities, outdoor eating and drinking
facilities and outdoor music, shall be conducted
entirely within a completely enclosed building.
(5) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and dumpsters
shall be located at the rear of the building and
properly screened as required in chapter 25 of
the City Code.
(6) Streets through adjacent residential areas
shall not be used to provide principal access for
truck traffic to any nonresidential use in this
district except on streets classified as
arterials, or collectors.
(7) All structures in a NC district shall be
constructed using materials, surfaces, textures,
and colors that are compatible with the
surrounding development. Design review shall be
performed as part of the site plan review
required in chapter 25 of the City Code.
(8) Lighting shall be designed to be directed
away from any adjacent residential area and in
accordance with chapter 25 of the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Two (2) stories not to
exceed twenty-five (25) feet.
(2) Minimum Lot Area: None.
(3) Maximum Density: None.
(4) Maximum Floor Area: Sixteen thousand
(16,000) square feet.
(5) Minimum Lot Width: None.
(6) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty (20) percent of the
lot depth or ten (10) feet, whichever is
greater. No more than twenty-five (25) feet
shall be required.
C. Side yard: None, except where located
adjacent to residential uses, then ten (10)
feet.
(7) Maximum Building Coverage, including
accessory buildings: Thirty-five (35) percent of
the lot.
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(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2 or R-3 zoning districts. This
bufferyard shall comply with the requirements of
chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-332. - CBD, central business district.
(a) Purpose. The central business district [CBD]
provides for the development of high density,
compact, pedestrian oriented shopping, office,
service, entertainment and residential districts.
The districts are intended to be mixed-use
districts that accommodate a variety of uses. It
is intended specifically for the older downtown
areas including: Broadway, Riverfront and Good
Hope/Haarig areas of the City of Cape Girardeau.
It is intended to allow flexible setbacks,
smaller lot sizes, and increased lot coverage to
encourage dense development in the urban core of
the community. This district is designed to
protect the small community appeal, integrity,
character, and charm within the central business
district by encouraging redevelopment that
focuses on architecturally appropriate design
standards typical of the city's early development
history. These areas may also be experiencing or
be in need of rehabilitation or redevelopment.
This district is intended to accommodate the
transition that must occur if these areas are to
IN 061
continue to contribute to the vitality of the
city. The regulations of the central business
district are intended to allow greater
flexibility for tracts of land in the central
business district than is permitted by other
district regulations, where the planned
development of such tracts would better reflect
the character of the site and enhance the
appearance and economic vitality of the downtown
area.
(b) Permitted uses.
(1) Any business that provides, displays,
advertises and sells goods, supplies or services
to the general public, as long as all activities
associated with said business are contained
entirely indoors as stated in the standards set
forth in section 30-332(e)(2).
(2) General retail and office, including banks
and financial institutions.
(3) Any governmental building, including police
and fire stations.
(4) Residential uses.
(5) Hotels.
(6) Medical facilities.
(7) Health and fitness centers.
(8) Public parks, playgrounds and recreational
facilities.
(9) Private institutions of higher education.
(10) Nursing homes, senior citizen housing or
retirement homes.
(11) Commercial day cares.
(12) Microbrewery.
(13) Bed and breakfasts.
(14) Restaurants, bars.
(c) Permitted uses (accessory).
(1) Accessory buildings and uses customarily
incidental to the above uses including, but not
limited to, garages, and dumpster storage
facilities as permitted in section 30-403,
supplemental regulations.
(2) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
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(1) Helicopter landing pad, heliport or other
landing areas in relationship with medical
facilities.
(2) Telecommunication tower, as permitted in
section 30-404, supplemental regulations.
(3) Marina or dock.
(4) The allowance of additional height, not to
exceed sixty (60) feet or five (5) stories.
(5) Excursion gambling boat or floating gambling
facility, as permitted in section 30-409,
supplemental regulations.
(6) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(7) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Standards.
(1) All activities and permitted uses except the
following shall be conducted entirely within a
closed building.
a. Off-street parking and loading
facilities.
b. Banks and financial institutions
including automatic teller machines and
drive-thru facilities with a maximum of two
(2) teller stations or lanes.
C. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and
recreational facilities.
e. Outdoor live or amplified music
provided that they are in compliance with
the city's nuisance ordinance.
(2) All activities and permitted uses except the
following shall be conducted entirely within a
closed building.
a. Off-street parking and loading
facilities.
b. Banks and financial institutions
including automatic teller machines and
drive-thru facilities with a maximum of two
(2) teller stations or lanes.
C. Outdoor eating and drinking facilities.
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WHO
d. Public parks, playgrounds and
recreational facilities.
e. Outdoor live or amplified music
provided that they are in compliance with
the city's nuisance ordinance.
(3) Alteration of existing buildings:
a. Original window openings on public
facing elevations should be maintained or
retained.
b. Original upper story design details and
features shall not be removed or obscured.
(4) New construction shall be compatible with
the existing buildings in scale, height,
materials, massing and rhythm and proportion of
openings.
(5) Storefronts shall maintain traditional size,
shape, spacing, patterns and alignment of
openings of storefronts.
(6) The primary entrance for commercial
buildings shall be oriented toward the street.
(7) Building setbacks:
a. Residential: Should be aligned by a
uniform distance from sidewalks.
b. Commercial: Maintain alignment of
facades along sidewalks.
(8) Height:
a. The height of additions or new
construction should be within a similar
range of the buildings in the surrounding
blocks.
b. Corner buildings or buildings on the
ends should be similar in height to
buildings on adjoining corners.
(9) Materials that are comparable in quality,
color, texture, finish and dimension to existing
materials and buildings within the district
should be used.
(10) Consistent rooflines should be maintained
with adjacent buildings.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Three (3) stories not to
exceed forty (40) feet.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4) Maximum Density: None.
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(5) Minimum Yard Requirements:
a. Front yard: None, except fifteen (15)
feet when across from a residential zoning
district.
b. Rear yard: None, except fifteen (15)
feet when adjacent to a residential zoning
district.
C. Side yard: None, except fifteen (15)
feet when adjacent to a residential zoning
district.
(6) Maximum Building Coverage, including
accessory buildings: One hundred (100) percent of
the lot.
(g) Open space, landscaping and bufferyard
requirements.
(1) Open space requirements: No minimum
percentage required.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2 or R-3 zoning districts. This
bufferyard shall comply with the requirements of
chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific use set forth
in section 25-202.
Sec. 30-333. - C-1, general commercial district.
(a) Purpose. The C-1 district is primarily intended
for areas of the city located along minor
thoroughfares and adjacent to residential
districts. Appropriate uses for this district
include commercial developments not requiring
long term outdoor display of merchandise, as well
as certain governmental, institutional, and
community service facilities. Other uses having
the potential to significantly affect adjacent
residential districts may be allowed with
approval of a special use permit.
(b) Permitted principal uses.
(1) Art galleries or museums.
(2) Banks or other financial institutions.
(3) Bed and breakfasts.
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(c)
rex
(4) Commercial day cares.
(5) Commercial recreation facilities, excluding
driving ranges and outdoor shooting or racing.
(6) Funeral homes or mortuaries.
(7) Governmental facilities.
(8) Health or fitness centers.
(9) Institutions of higher education, including
business, career or technology schools.
(10) Instructional schools for art, dance, music,
martial arts or other disciplines.
(11) Libraries.
(12) Microbreweries.
(13) Middle schools, secondary schools, or
development centers for people with physical,
mental or developmental disabilities.
(14) Nurseries or greenhouses.
(15) Nursing homes.
(16) Offices.
(17) Parks or playgrounds.
(18) Personal service establishments.
(19) Pet grooming facilities, excluding kennels.
(20) Police or fire stations.
(21) Residential treatment facilities.
(22) Restaurants or bars.
(23) Retail or rental establishments, excluding
the sale or rental of outbuildings, vehicles, or
large agricultural or construction equipment.
(24) Television or radio studios, including any
transmitting facilities.
(25) Transit terminals.
(26) Veterinary clinics or animal hospitals,
excluding livestock.
(27) Wineries.
Permitted accessory uses.
(1) Accessory structures and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(2) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
Special uses.
(1) Banquet facilities.
(2) Hotels or motels.
(3) Kennels.
(4) Meeting halls.
(5) Mini warehouses or self -storage units.
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(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 30-404, supplemental regulations.
(8) The allowance of additional height up to a
total of sixty (60) feet, not to exceed a total
of five (5) stories.
(9) Transitional housing.
(10) Vehicle fueling, service or repair
facilities, excluding body or paint shops.
(11) Vehicle washing facilities, including
automatic or hand wash.
(12) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(e) Standards.
(1) All storage of merchandise, materials,
products or equipment shall be within a fully
enclosed building or in an open yard so screened
that the items being stored are not visible from
the street or any adjacent property.
(2) Outdoor display of merchandise is
prohibited, except as follows:
a. Merchandise may be displayed outdoors
as part of a temporary use, as permitted in
section 30-406, temporary uses. Nursery
stock, accessory landscaping decorations,
and seasonal and holiday decorations may
also be displayed outdoors during the
appropriate season. Such displays are
permitted in accordance with the following
provisions:
1. Displays shall not be located in a
right-of-way.
2. Displays shall not be located in
parking spaces used to meet the minimum
number of parking spaces as required
elsewhere in the City Code. Displays
that are part of a bazaar, craft sale,
garage or yard sale, or similar
temporary event are exempt from this
requirement, as determined by the city
manager.
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3. Displays shall not impede
vehicular or pedestrian access.
4. Displays shall not alter the
structure of any building.
5. Displays shall not create a health
or safety hazard.
6. Displays shall be well kept and
orderly.
7. Signs may be displayed as
permitted elsewhere in the City Code.
8. The display of seasonal items
shall be limited to a time period that
is customary for the season associated
with the display, which shall be at the
discretion of the city manager.
(3) Outdoor service areas and equipment such as
loading docks, mechanical equipment, storage
areas or waste containers shall be located in the
rear or side yard and screened as required
elsewhere in the City Code.
(f) Height, area, width, setback and open space
requirements.
(1) Maximum height: Forty (40) feet, not to
exceed three (3) stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: None, except twenty (20)
feet when adjacent to a residential use or
district, or ten (10) feet when adjacent to
an agricultural use or district.
C. Side yard: None, except twenty (20)
feet when adjacent to a residential use or
district, or ten (10) feet when adjacent to
an agricultural use or district.
(5) Minimum open space. Fifteen (15) percent of
the lot area.
Sec. 30-334. - C-2, highway commercial district.
(a) Purpose. The C-2 district provides for commercial
uses typically found along major thoroughfares,
which are generally more intensive than uses
permitted in the other commercial districts. As
113
such, this district is primarily intended for
areas of the city located in high-volume traffic
corridors. In addition to uses permitted in the
C-1 district, the C-2 district permits commercial
developments requiring long term outdoor display
of merchandise. Other uses having the potential
to significantly affect adjacent residential and
commercial districts may be allowed with approval
of a special use permit.
(b) Permitted principal uses.
(1) Arenas or stadiums.
(2) Art galleries or museums.
(3) Auditoriums or theaters.
(4) Banks or other financial institutions.
(5) Banquet facilities.
(6) Bed and breakfasts.
(7) Commercial day cares.
(8) Commercial recreation facilities.
(9) Driving ranges.
(10) Funeral homes or mortuaries.
(11) Governmental facilities.
(12) Health or fitness centers.
(13) Helicopter landing pads, heliports or other
landing areas in relationship with a hospital.
(14) Hospitals.
(15) Hotels or motels.
(16) Institutions of higher education, including
business, career or technology schools.
(17) Instructional schools for art, dance, music,
martial arts or other disciplines.
(18) Kennels.
(19) Libraries.
(20) Meeting halls.
(21) Microbreweries.
(22) Mini warehouses or self -storage units.
(23) Nurseries or greenhouses.
(24) Nursing homes.
(25) Offices.
(26) Outdoor storage facilities for recreation
vehicles or watercraft.
(27) Parks or playgrounds.
(28) Personal service establishments.
(29) Pet grooming facilities.
(30) Police or fire stations.
(31) Residential treatment facilities.
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(32) Restaurants or bars.
(33) Retail or rental establishments.
(34) Television or radio studios, including any
transmitting facilities.
(35) Transit terminals.
(36) Transitional housing.
(37) Vehicle fueling, service or repair
facilities, excluding body or paint shops.
(38) Veterinary clinics or animal hospitals.
(39) Warehouses or distribution centers.
(40) Wineries.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(2) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Amusement parks.
(2) Billboards, as permitted elsewhere in the
City Code.
(3) Campgrounds, travel trailer or recreation
vehicle parks.
(4) Manufactured business units or modular
buildings, for office use only.
(5) 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.
(6) Telecommunication towers, as permitted in
section 30-404, supplemental regulations.
(7) The allowance of additional height up to a
total of one hundred (100) feet, not to exceed a
total of eight (8) stories.
(8) Vehicle body or paint shops.
(9) Vehicle washing facilities, including
automatic or hand wash.
(10) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(e) Standards.
(1) Outdoor display of merchandise is permitted
in accordance with the following provisions:
a. Displays shall not be located in a
right-of-way.
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b. Displays shall not be located in
parking spaces used to meet the minimum
number of parking spaces as required
elsewhere in the City Code. Vehicles for
sale or rental and displays that are part of
a bazaar, craft sale, garage or yard sale,
or similar temporary event are exempt from
this requirement, as determined by the city
manager.
C. Displays shall not impede vehicular or
pedestrian access.
d. Displays shall not alter the structure
of any building.
e. Displays shall not create a health or
safety hazard.
f. Displays shall be well kept and
orderly.
g. Signs may be displayed as permitted
elsewhere in the City Code.
h. The display of seasonal items shall be
limited to a time period that is customary
for the season associated with the display,
which shall be at the discretion of the city
manager.
(2) Outdoor service areas and equipment such as
loading docks, mechanical equipment, storage
areas, or waste containers shall be located in
the rear or side yard and screened as required
elsewhere in the City Code.
(f) Height, area, width, setback and open space
requirements.
(1) Maximum height: Sixty (60) feet, not to
exceed five (5) stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: None, except twenty (20)
feet when adjacent to a residential use or
district, or ten (10) feet when adjacent to
an agricultural use or district.
C. Side yard: None, except twenty (20)
feet when adjacent to a residential use or
district, or ten (10) feet when adjacent to
an agricultural use or district.
116
(5) Minimum open space. Fifteen (15) percent of
the lot area.
Sec. 30-335. - M-1, light manufacturing/industrial
district.
(a) Purpose. This district is intended primarily for
uses engaged in light manufacturing, assembly,
fabrication, warehousing, wholesaling and retail
trade, and service operations which conduct all
activities within a building with no external
impact or effect. This district is intended to
serve as a transition between more intense
industrial development and commercial, office, or
multifamily residential development.
(b) Permitted uses.
(1) Light manufacturing facilities.
(2) Any establishment which provides supplies or
services primarily to commercial and industrial
customers, such as janitorial services, sign
shops, packaging or shipping services,
locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting,
publishing, electrical, heating, plumbing and
binding establishments.
(3) Health and fitness centers.
(4) Cemeteries.
(5) Commercial day cares.
(6) Funeral homes and mortuaries.
(7) Government buildings and uses, including
police and fire stations.
(8) Heavy machinery and equipment sales, rental
and service.
(9) Offices, administrative, business, finance
and professional.
(10) Public and private parks, playgrounds, and
golf courses, including miniature golf courses
and driving ranges.
(11) Public service and public utility uses as
follows:
a. Wireless facilities.
b. Water reservoirs, water standpipes, and
elevated and ground -level water storage
tanks.
(12) Industrial schools and business schools.
117
(13) Miniwarehouse or self-storage units.
(14) Residential treatment facilities.
(15) Television and radio studios including any
transmitting facilities.
(16) Veterinary clinics, animal hospitals, and
kennels.
(17) Warehouses, storage and distribution
centers.
(18) Vehicle fueling stations, including service,
repair, body and fender repair, and paint shops.
(19) Recycling centers.
(20) Marina or dock.
(21) Transitional housing.
(22) Restaurants and bars.
(23) Retail, including vehicle sales.
(c) Permitted uses (accessory).
(1) Dwelling or lodging units, but only for
watchman, caretakers, or other personnel whose
residence is essential to the operation of a
permitted or special use.
(2) Accessory buildings and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Emergency shelters, transitional service
shelters for fifty (50) or fewer residents.
(2) Single-wide or double-wide, manufactured
home or manufactured business unit for office
purposes only.
(3) Telecommunication tower, as permitted in
section 30-404, supplemental regulations.
(4) Excursion gambling boat or floating gambling
facility, as permitted in section 30-409,
supplemental regulations.
(5) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(6) Billboards, as permitted in section 25-401.
(7) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(e) Standards.
118
(1) A site plan, meeting the requirements of
chapter 25 of the City Code shall be submitted
and approved.
(2) All storage shall be within a fully enclosed
building or in an open yard so screened that the
materials, products or equipment are not visible
from the street or adjoining property. Any
outdoor storage shall be at least one hundred
(100) feet from any residential zoning district
or use.
(3) No building shall be used for residential
purposes, except for a night watchman or a
caretaker employed on the premises.
(4) Utilitarian areas such as loading docks,
mechanical equipment, storage areas, mechanical
and electrical equipment, and dumpsters shall be
located in the rear or side yard of the building.
(5) Lighting shall be designed to shine and
reflect away from any adjacent residential areas
and shall meet the requirements of chapter 25 of
the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Forty (40) feet excluding
silos, smoke stacks, and dust collection systems.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4 ) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: None, except on a lot
abutting a residential district there shall
be a side yard of not less than ten (10)
feet on the side of the lot abutting the
residential district.
(5) Maximum Building Coverage: None.
(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of fifteen (15) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH
119
zoning districts. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202.
Sec. 30-336. - M-2, heavy manufacturing/industrial
district.
(a) Purpose. This district is intended for heavy
industrial uses and many other uses which are not
otherwise provided for in the other industrial
district. The intensity of uses permitted in this
district makes it necessary to separate it from
all residential districts, whenever possible.
Good accessibility should be provided to major
rail, air facilities and highways.
(b) Permitted uses.
(1) Manufacturing, fabrication, assembly,
processing, or packaging of any commodity,
except: facilities producing or processing
explosives or flammable gases or liquids; animal
slaughtering, meat packing, or rendering; sulphur
plants, rubber reclamation plants, steel mills,
foundries or smelters.
(2) Any establishment which provides supplies or
services primarily to commercial and industrial
customers, such as janitorial services, sign
shops, packaging or shipping services,
locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting, publishing
and binding establishments.
(3) Any manufacturing, production, processing,
cleaning, servicing, testing, repair or storage
of materials, goods or products, and any business
and sales offices accessory thereto.
(4) Bulk storage of flammable liquids for
wholesale, subject to the provisions of the city
and state fire codes.
(5) Central mixing plants for cement, asphalt,
or paving material.
(6) The extraction of sand, gravel, and other
raw materials requiring the removal of an
overburden above the deposit, however, any bulk
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storage of extraction material or overburden, any
processing or extraction machinery, and the open
face of any cut, shall be at least twenty-five
(25) feet from the property line.
(7) Heavy machinery and equipment sales, rental
and service.
(8) Junk yards, scrap and salvage yards.
(9) Manufacturing and production of paving,
roofing and other construction material, using
asphalt or petroleum based coatings or preserving
materials.
(10) Primary and secondary metal industries that
manufacture, produce, smelt or refine ferrous and
nonferrous metals.
(11) Recycling center.
(12) Vehicle fueling stations, including service,
repair, body and fender repair, and paint shops.
(13) Wastewater and water treatment facilities.
(14) Terminals for trucks, buses, rail and
watercraft.
(15) Marina or dock.
(c) Permitted uses (accessory).
(1) Dwelling or lodging units, but only for
watchman, caretakers, or other personnel whose
residence is essential to the operation of a
permitted or special use.
(2) Accessory buildings and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Collection and transfer facilities for
hazardous wastes, and solid wastes that contain
hazardous substances from off-site sources.
(2) Jails, prisons or detention facilities.
(3) Telecommunication tower, as permitted in
section 30-404, supplemental regulations.
(4) Excursion gambling boat or floating gambling
facility, as permitted in section 30-409,
supplemental regulations.
(5) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(6) Billboards, as permitted in section 25-401.
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(7) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Standards.
(1) A site plan, meeting the requirements of
chapter 25 of the City Code shall be submitted
and approved.
(2) No junk yard, scrap, or salvage yard shall
be located within five hundred (500) feet of any
residential use.
(3) Lighting shall be designed to shine and
reflect away from any adjacent residential areas
and shall meet the requirements of chapter 25 of
the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Forty (40) feet, excluding
silos, smoke stacks, and dust collection systems.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4 ) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: None, except on a lot
abutting a residential district or use there
shall be a side yard of not less than twenty
(20) feet on the side of the lot abutting
the residential district or use.
(5) Maximum Building Coverage: None.
(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of fifteen (15) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1
zoning districts. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
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with the requirements for specific uses set forth
in section 25-202.
are hereby repealed, and new Sections 30-331 through 30-336 are
hereby adopted, in lieu thereof, in words and figures, to read
as follows:
Sec. 30-331. - NC, neighborhood commercial district.
(a) Purpose. This district is intended to provide
small, convenient retail/commercial services and
offices that provide convenience goods or
personal service primarily to people residing in
adjacent residential areas. This district is
designed to accommodate compact, commercial uses
in residential neighborhoods at intersections or
along major streets, or to function as a
transition between more intense commercial uses
and neighborhoods. Additional requirements for
light, air, building design, open space and
landscaping are required to alleviate any adverse
impact on surrounding neighborhoods.
(b) Permitted principal uses.
(1) Commercial day care.
(2) Personal service establishments including,
but not limited to, beauty parlors, barber shops,
dry cleaning and laundry pick-up, shoe repair,
self-service laundromats, express or mailing
offices, and hearing aid and eye glass shops.
(3) Police and fire stations.
(4) Public parks, playgrounds and recreational
facilities.
(5) Residential uses, provided such uses are
located above the first floor or behind
nonresidential uses so as to promote continuous
nonresidential uses on the first floor level
along street frontages.
(6) Restaurants and bars, excluding drive-in,
pick-up or drive-thru facilities.
(7) Retail establishments which supply
convenience and specialized goods and services,
including, but not limited to: groceries, bakery,
package liquor, books, candy, dairy products,
drugs, flowers, gifts, jewelry, hobby materials,
meat, fish and poultry, news stands, wearing
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(c)
M
apparel, shoes, clothing, toys, pipe and tobacco
and video rental.
(8) Pet grooming, with sales of pet grooming
products allowed as an accessory use. The
following uses are not accessory to this use and
are prohibited: overnight pet stays, the sale or
breeding of pets, kennels, veterinarian services,
runs and outside facilities.
(9) Finance, insurance and real estate services
including, but not limited to, banks, insurance
offices and security brokers. Banks and financial
institutions may include automatic teller
machines and drive-thru facilities with a maximum
of two (2) teller stations or lanes.
Permitted accessory uses.
(1) Accessory structures and uses customarily
incidental to the above uses including, but not
limited to, garages, and dumpster storage
facilities as permitted in section 30-403,
supplemental regulations.
(2) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(3) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
Special uses.
(1) School and studios for art, dancing, drama,
music, photography, interior decorating or
similar courses of study.
(2) Vehicle fueling station, not including
service and repair.
(3) The allowance of additional height, not to
exceed thirty-five (35) feet, as long as
additional height does not adversely affect the
surrounding neighborhood.
(4) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(6) Short term or long term use of shipping
containers for principal uses, as permitted in
section 30-402, supplemental regulations.
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(7) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Standards.
(1) A site plan, meeting the requirements of
chapter 25 of the City Code shall be submitted
and approved.
(2) Buildings shall be designed in individual or
small groupings and shall not exceed sixteen
thousand (16,000) square feet per structure with
a maximum foot print of ten thousand (10,000)
square feet, nor exceed two (2) stories in
height, except as provided with a special use
permit. The commercial development shall be
designed and sized in a manner which is
architecturally, aesthetically and operationally
harmonious with surrounding development.
(3) No individual retail store, personal service
establishment or other permitted use shall have a
gross floor area greater than five thousand
(5,000) square feet.
(4) All activities and permitted uses except
off-street parking and loading facilities, drive-
thru facilities, public parks and play grounds,
day care activities, outdoor eating and drinking
facilities and outdoor music, shall be conducted
entirely within a completely enclosed building.
(5) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and dumpsters
shall be located at the rear of the building and
properly screened as required in chapter 25 of
the City Code.
(6) Streets through adjacent residential areas
shall not be used to provide principal access for
truck traffic to any nonresidential use in this
district except on streets classified as
arterials, or collectors.
(7) All structures in a NC district shall be
constructed using materials, surfaces, textures,
and colors that are compatible with the
surrounding development. Design review shall be
performed as part of the site plan review
required in chapter 25 of the City Code.
(8) Lighting shall be designed to be directed
away from any adjacent residential area and in
accordance with chapter 25 of the City Code.
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(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Two (2) stories not to
exceed twenty-five (25) feet.
(2) Minimum Lot Area: None.
(3) Maximum Density: None.
(4) Maximum Floor Area: Sixteen thousand
(16,000) square feet.
(5) Minimum Lot Width: None.
(6) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty (20) percent of the
lot depth or ten (10) feet, whichever is
greater. No more than twenty-five (25) feet
shall be required.
C. Side yard: None, except where located
adjacent to residential uses, then ten (10)
feet.
(7) Maximum Building Coverage, including
accessory buildings: Thirty-five (35) percent of
the lot.
(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2 or R-3 zoning districts. This
bufferyard shall comply with the requirements of
chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202. No parking, stopping, or
standing of trucks or commercial motor vehicles
licensed for a gross weight in excess of twenty-
four thousand (24,000) pounds, except as provided
in sections 26-137 and 26-256 of the Code of
Ordinances.
Sec. 30-332. - CBD, central business district.
126
(a) Purpose. The central business district [CBD]
provides for the development of high density,
compact, pedestrian oriented shopping, office,
service, entertainment and residential districts.
The districts are intended to be mixed-use
districts that accommodate a variety of uses. It
is intended specifically for the older downtown
areas including: Broadway, Riverfront and Good
Hope/Haarig areas of the City of Cape Girardeau.
It is intended to allow flexible setbacks,
smaller lot sizes, and increased lot coverage to
encourage dense development in the urban core of
the community. This district is designed to
protect the small community appeal, integrity,
character, and charm within the central business
district by encouraging redevelopment that
focuses on architecturally appropriate design
standards typical of the city's early development
history. These areas may also be experiencing or
be in need of rehabilitation or redevelopment.
This district is intended to accommodate the
transition that must occur if these areas are to
continue to contribute to the vitality of the
city. The regulations of the central business
district are intended to allow greater
flexibility for tracts of land in the central
business district than is permitted by other
district regulations, where the planned
development of such tracts would better reflect
the character of the site and enhance the
appearance and economic vitality of the downtown
area.
(b) Permitted principal uses.
(1) Any business that provides, displays,
advertises and sells goods, supplies or services
to the general public, as long as all activities
associated with said business are contained
entirely indoors as stated in the standards set
forth in section 30-332(e)(2).
(2) General retail and office, including banks
and financial institutions.
(3) Any governmental building, including police
and fire stations.
(4) Residential uses.
(5) Hotels.
(6) Medical facilities.
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(7) Health and fitness centers.
(8) Public parks, playgrounds and recreational
facilities.
(9) Private institutions of higher education.
(10) Nursing homes, senior citizen housing or
retirement homes.
(11) Commercial day cares.
(12) Microbrewery.
(13) Bed and breakfasts.
(14) Restaurants, bars.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily
incidental to the above uses including, but not
limited to, garages, and dumpster storage
facilities as permitted in section 30-403,
supplemental regulations.
(2) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(3) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) Helicopter landing pad, heliport or other
landing areas in relationship with medical
facilities.
(2) Telecommunication tower, as permitted in
section 30-404, supplemental regulations.
(3) Marina or dock.
(4) The allowance of additional height, not to
exceed sixty (60) feet or five (5) stories.
(5) Excursion gambling boat or floating gambling
facility, as permitted in section 30-409,
supplemental regulations.
(6) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(7) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use-by-
right.
(8) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Standards.
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(1) All activities and permitted uses except the
following shall be conducted entirely within a
closed building.
a. Off-street parking and loading
facilities.
b. Banks and financial institutions
including automatic teller machines and
drive-thru facilities with a maximum of two
(2) teller stations or lanes.
C. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and
recreational facilities.
e. Outdoor live or amplified music
provided that they are in compliance with
the city's nuisance ordinance.
(2) All activities and permitted uses except the
following shall be conducted entirely within a
closed building.
a. Off-street parking and loading
facilities.
b. Banks and financial institutions
including automatic teller machines and
drive-thru facilities with a maximum of two
(2) teller stations or lanes.
C. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and
recreational facilities.
e. Outdoor live or amplified music
provided that they are in compliance with
the city's nuisance ordinance.
(3) Alteration of existing buildings:
a. Original window openings on public
facing elevations should be maintained or
retained.
b. Original upper story design details and
features shall not be removed or obscured.
(4) New construction shall be compatible with
the existing buildings in scale, height,
materials, massing and rhythm and proportion of
openings.
(5) Storefronts shall maintain traditional size,
shape, spacing, patterns and alignment of
openings of storefronts.
(6) The primary entrance for commercial
buildings shall be oriented toward the street.
129
(7) Building setbacks:
a. Residential: Should be aligned by a
uniform distance from sidewalks.
b. Commercial: Maintain alignment of
facades along sidewalks.
(8) Height:
a. The height of additions or new
construction should be within a similar
range of the buildings in the surrounding
blocks.
b. Corner buildings or buildings on the
ends should be similar in height to
buildings on adjoining corners.
(9) Materials that are comparable in quality,
color, texture, finish and dimension to existing
materials and buildings within the district
should be used.
(10) Consistent rooflines should be maintained
with adjacent buildings.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Three (3) stories not to
exceed forty (40) feet.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4) Maximum Density: None.
(5) Minimum Yard Requirements:
a. Front yard: None, except fifteen (15)
feet when across from a residential zoning
district.
b. Rear yard: None, except fifteen (15)
feet when adjacent to a residential zoning
district.
C. Side yard: None, except fifteen (15)
feet when adjacent to a residential zoning
district.
(6) Maximum Building Coverage, including
accessory buildings: One hundred (100) percent of
the lot.
(g) Open space, landscaping and bufferyard
requirements.
(1) Open space requirements: No minimum
percentage required.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
130
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2 or R-3 zoning districts. This
bufferyard shall comply with the requirements of
chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific use set forth
in section 25-202.
Sec. 30-333. - C-1, general commercial district.
(a) Purpose. The C-1 district is primarily intended
for areas of the city located along minor
thoroughfares and adjacent to residential
districts. Appropriate uses for this district
include commercial developments not requiring
long term outdoor display of merchandise, as well
as certain governmental, institutional, and
community service facilities. Other uses having
the potential to significantly affect adjacent
residential districts may be allowed with
approval of a special use permit.
(b) Permitted principal uses.
(1) Art galleries or museums.
(2) Banks or other financial institutions.
(3) Bed and breakfasts.
(4) Commercial day cares.
(5) Commercial recreation facilities, excluding
driving ranges and outdoor shooting or racing.
(6) Funeral homes or mortuaries.
(7) Governmental facilities.
(8) Health or fitness centers.
(9) Institutions of higher education, including
business, career or technology schools.
(10) Instructional schools for art, dance, music,
martial arts or other disciplines.
(11) Libraries.
(12) Microbreweries.
(13) Middle schools, secondary schools, or
development centers for people with physical,
mental or developmental disabilities.
(14) Nurseries or greenhouses.
(15) Nursing homes.
(16) Offices.
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(c)
(17) Parks or playgrounds.
(18) Personal service establishments.
(19) Pet grooming facilities, excluding kennels.
(20) Police or fire stations.
(21) Residential treatment facilities.
(22) Restaurants or bars.
(23) Retail or rental establishments, excluding
the sale or rental of outbuildings, vehicles, or
large agricultural or construction equipment.
(24) Television or radio studios, including any
transmitting facilities.
(25) Transit terminals.
(26) Veterinary clinics or animal hospitals,
excluding livestock.
(27) Wineries.
Permitted accessory uses.
(1) Accessory structures and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(2) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
Special uses.
(1) Banquet facilities.
(2) Hotels or motels.
(3) Kennels.
(4) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(5) Meeting halls.
(6) Mini warehouses or self -storage units.
(7) 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.
(8) Short term or long term use of shipping
containers for principal uses, as permitted in
section 30-402, supplemental regulations.
(9) Telecommunication towers, as permitted in
section 30-404, supplemental regulations.
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(10) The allowance of additional height up to a
total of sixty (60) feet, not to exceed a total
of five (5) stories.
(11) Transitional housing.
(12) Vehicle fueling, service or repair
facilities, excluding body or paint shops.
(13) Vehicle washing facilities, automatic or
hand wash.
(14) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(e) Standards.
(1) All storage of merchandise, materials,
products or equipment shall be within a fully
enclosed building or in an open yard so screened
that the items being stored are not visible from
the street or any adjacent property.
(2) Outdoor display of merchandise is
prohibited, except as follows:
a. Merchandise may be displayed outdoors
as part of a temporary use, as permitted in
section 30-406, temporary uses. Nursery
stock, accessory landscaping decorations,
and seasonal and holiday decorations may
also be displayed outdoors during the
appropriate season. Such displays are
permitted in accordance with the following
provisions:
1. Displays shall not be located in a
right-of-way.
2. Displays shall not be located in
parking spaces used to meet the minimum
number of parking spaces as required
elsewhere in the City Code. Displays
that are part of a bazaar, craft sale,
garage or yard sale, or similar
temporary event are exempt from this
requirement, as determined by the city
manager.
3. Displays shall not impede
vehicular or pedestrian access.
4. Displays shall not alter the
structure of any building.
5. Displays shall not create a health
or safety hazard.
6. Displays shall be well kept and
orderly.
133
7. Signs may be displayed as
permitted elsewhere in the City Code.
8. The display of seasonal items
shall be limited to a time period that
is customary for the season associated
with the display, which shall be at the
discretion of the city manager.
(3) Outdoor service areas and equipment such as
loading docks, mechanical equipment, storage
areas or waste containers shall be located in the
rear or side yard and screened as required
elsewhere in the City Code.
(f) Height, area, width, setback and open space
requirements.
(1) Maximum height: Forty (40) feet, not to
exceed three (3) stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: None, except twenty (20)
feet when adjacent to a residential use or
district, or ten (10) feet when adjacent to
an agricultural use or district.
C. Side yard: None, except twenty (20)
feet when adjacent to a residential use or
district, or ten (10) feet when adjacent to
an agricultural use or district.
(5) Minimum open space. Fifteen (15) percent of
the lot area.
Sec. 30-334. - C-2, highway commercial district.
(a) Purpose. The C-2 district provides for commercial
uses typically found along major thoroughfares,
which are generally more intensive than uses
permitted in the other commercial districts. As
such, this district is primarily intended for
areas of the city located in high-volume traffic
corridors. In addition to uses permitted in the
C-1 district, the C-2 district permits commercial
developments requiring long term outdoor display
of merchandise. Other uses having the potential
to significantly affect adjacent residential and
commercial districts may be allowed with approval
of a special use permit.
134
(b) Permitted principal uses.
(1) Arenas or stadiums.
(2) Art galleries or museums.
(3) Auditoriums or theaters.
(4) Banks or other financial institutions.
(5) Banquet facilities.
(6) Bed and breakfasts.
(7) Commercial day cares.
(8) Commercial recreation facilities.
(9) Driving ranges.
(10) Funeral homes or mortuaries.
(11) Governmental facilities.
(12) Health or fitness centers.
(13) Helicopter landing pads, heliports or other
landing areas in relationship with a hospital.
(14) Hospitals.
(15) Hotels or motels.
(16) Institutions of higher education, including
business, career or technology schools.
(17) Instructional schools for art, dance, music,
martial arts or other disciplines.
(18) Kennels.
(19) Libraries.
(20) Meeting halls.
(21) Microbreweries.
(22) Mini warehouses or self -storage units.
(23) Nurseries or greenhouses.
(24) Nursing homes.
(25) Offices.
(26) Outdoor storage facilities for recreation
vehicles or watercraft.
(27) Parks or playgrounds.
(28) Personal service establishments.
(29) Pet grooming facilities.
(30) Police or fire stations.
(31) Residential treatment facilities.
(32) Restaurants or bars.
(33) Retail or rental establishments.
(34) Television or radio studios, including any
transmitting facilities.
(35) Transit terminals.
(36) Transitional housing.
(37) Vehicle fueling, service or repair
facilities, excluding body or paint shops.
135
(38) Veterinary clinics or animal hospitals.
(39) Warehouses or distribution centers.
(40) Wineries.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(2) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(d) Special uses.
(1) Amusement parks.
(2) Billboards, as permitted elsewhere in the
City Code.
(3) Campgrounds, travel trailer or recreation
vehicle parks.
(4) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(5) Manufactured business units, for office use
only.
(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) Short term or long term use of shipping
containers for principal uses, as permitted in
section 30-402, supplemental regulations.
(8) Telecommunication towers, as permitted in
section 30-404, supplemental regulations.
(9) The allowance of additional height up to a
total of one hundred (100) feet, not to exceed a
total of eight (8) stories.
(10) Vehicle body or paint shops.
(11) Vehicle washing facilities, automatic or
hand wash.
(12) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(e) Standards.
(1) Outdoor display of merchandise is permitted
in accordance with the following provisions:
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a. Displays shall not be located in a
right-of-way.
b. Displays shall not be located in
parking spaces used to meet the minimum
number of parking spaces as required
elsewhere in the City Code. Vehicles for
sale or rental and displays that are part of
a bazaar, craft sale, garage or yard sale,
or similar temporary event are exempt from
this requirement, as determined by the city
manager.
C. Displays shall not impede vehicular or
pedestrian access.
d. Displays shall not alter the structure
of any building.
e. Displays shall not create a health or
safety hazard.
f. Displays shall be well kept and
orderly.
g. Signs may be displayed as permitted
elsewhere in the City Code.
h. The display of seasonal items shall be
limited to a time period that is customary
for the season associated with the display,
which shall be at the discretion of the city
manager.
(2) Outdoor service areas and equipment such as
loading docks, mechanical equipment, storage
areas, or waste containers shall be located in
the rear or side yard and screened as required
elsewhere in the City Code.
(f) Height, area, width, setback and open space
requirements.
(1) Maximum height: Sixty (60) feet, not to
exceed five (5) stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: None, except twenty (20)
feet when adjacent to a residential use or
district, or ten (10) feet when adjacent to
an agricultural use or district.
C. Side yard: None, except twenty (20)
feet when adjacent to a residential use or
137
district, or ten (10) feet when adjacent to
an agricultural use or district.
(5) Minimum open space. Fifteen (15) percent of
the lot area.
Sec. 30-335. - M-1, light manufacturing/industrial
district.
(a) Purpose. This district is intended primarily for
uses engaged in light manufacturing, assembly,
fabrication, warehousing, wholesaling and retail
trade, and service operations which conduct all
activities within a building with no external
impact or effect. This district is intended to
serve as a transition between more intense
industrial development and commercial, office, or
multifamily residential development.
(b) Permitted principal uses.
(1) Light manufacturing facilities.
(2) Any establishment which provides supplies or
services primarily to commercial and industrial
customers, such as janitorial services, sign
shops, packaging or shipping services,
locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting,
publishing, electrical, heating, plumbing and
binding establishments.
(3) Health and fitness centers.
(4) Cemeteries.
(5) Commercial day cares.
(6) Funeral homes and mortuaries.
(7) Government buildings and uses,
police and fire stations.
(8) Heavy machinery and equipment
and service.
including
sales, rental
(9) Offices, administrative, business, finance
and professional.
(10) Public and private parks, playgrounds, and
golf courses, including miniature golf courses
and driving ranges.
(11) Public service and public utility uses as
follows:
a. Wireless facilities.
b. Water reservoirs, water standpipes, and
elevated and ground -level water storage
tanks.
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(c)
(12) Industrial schools and business schools.
(13) Miniwarehouse or self -storage units.
(14) Residential treatment facilities.
(15) Television and radio studios including any
transmitting facilities.
(16) Veterinary clinics, animal hospitals, and
kennels.
(17) Warehouses, storage and distribution
centers.
(18) Vehicle fueling stations, including service,
repair, body and fender repair, and paint shops.
(19) Recycling centers.
(20) Marina or dock.
(21) Transitional housing.
(22) Restaurants and bars.
(23) Retail, including vehicle sales.
Permitted accessory uses.
(1) Dwelling or lodging units, but only for
watchman, caretakers, or other personnel whose
residence is essential to the operation of a
permitted or special use.
(2) Accessory structures and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(4) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
Special uses.
(1) Emergency shelters, transitional service
shelters for fifty (50) or fewer residents.
(2) Manufactured business units, for office use
only.
(3) Telecommunication tower, as permitted in
section 30-404, supplemental regulations.
(4) Excursion gambling boat or floating gambling
facility, as permitted in section 30-409,
supplemental regulations.
(5) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(6) Billboards, as permitted in section 25-401.
(7) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
139
other buildings of the same nature as a use -by -
right.
(8) Short term or long term use of shipping
containers for principal uses, as permitted in
section 30-402, supplemental regulations.
(9) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Standards.
(1) A site plan, meeting the requirements of
chapter 25 of the City Code shall be submitted
and approved.
(2) All storage shall be within a fully enclosed
building or in an open yard so screened that the
materials, products or equipment are not visible
from the street or adjoining property. Any
outdoor storage shall be at least one hundred
(100) feet from any residential zoning district
or use.
(3) No building shall be used for residential
purposes, except for a night watchman or a
caretaker employed on the premises.
(4) Utilitarian areas such as loading docks,
mechanical equipment, storage areas, mechanical
and electrical equipment, and dumpsters shall be
located in the rear or side yard of the building.
(5) Lighting shall be designed to shine and
reflect away from any adjacent residential areas
and shall meet the requirements of chapter 25 of
the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Forty (40) feet excluding
silos, smoke stacks, and dust collection systems.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4 ) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: None, except on a lot
abutting a residential district there shall
be a side yard of not less than ten (10)
feet on the side of the lot abutting the
residential district.
(5) Maximum Building Coverage: None.
140
(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of fifteen (15) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH
zoning districts. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(h) Parking regulations. Off-street parking and
loading spaces shall be provided in accordance
with the requirements for specific uses set forth
in section 25-202.
Sec. 30-336. - M-2, heavy manufacturing/industrial
district.
(a) Purpose. This district is intended for heavy
industrial uses and many other uses which are not
otherwise provided for in the other industrial
district. The intensity of uses permitted in this
district makes it necessary to separate it from
all residential districts, whenever possible.
Good accessibility should be provided to major
rail, air facilities and highways.
(b) Permitted principal uses.
(1) Manufacturing, fabrication, assembly,
processing, or packaging of any commodity,
except: facilities producing or processing
explosives or flammable gases or liquids; animal
slaughtering, meat packing, or rendering; sulphur
plants, rubber reclamation plants, steel mills,
foundries or smelters.
(2) Any establishment which provides supplies or
services primarily to commercial and industrial
customers, such as janitorial services, sign
shops, packaging or shipping services,
locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting, publishing
and binding establishments.
(3) Any manufacturing, production, processing,
cleaning, servicing, testing, repair or storage
141
(c)
of materials, goods or products, and any business
and sales offices accessory thereto.
(4) Bulk storage of flammable liquids for
wholesale, subject to the provisions of the city
and state fire codes.
(5) Central mixing plants for cement, asphalt,
or paving material.
(6) The extraction of sand, gravel, and other
raw materials requiring the removal of an
overburden above the deposit, however, any bulk
storage of extraction material or overburden, any
processing or extraction machinery, and the open
face of any cut, shall be at least twenty-five
(25) feet from the property line.
(7) Heavy machinery and equipment sales, rental
and service.
(8) Junk yards, scrap and salvage yards.
(9) Manufacturing and production of paving,
roofing and other construction material, using
asphalt or petroleum based coatings or preserving
materials.
(10) Primary and secondary metal industries that
manufacture, produce, smelt or refine ferrous and
nonferrous metals.
(11) Recycling center.
(12) Vehicle fueling stations, including service,
repair, body and fender repair, and paint shops.
(13) Wastewater and water treatment facilities.
(14) Terminals for trucks, buses, rail and
watercraft.
(15) Marina or dock.
Permitted accessory uses.
(1) Dwelling or lodging units, but only for
watchman, caretakers, or other personnel whose
residence is essential to the operation of a
permitted or special use.
(2) Accessory structures and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(3) Solar energy systems, as permitted in
section 30-410, supplemental regulations.
(4) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
Special uses.
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(e)
(f)
(1) Collection and transfer facilities for
hazardous wastes, and solid wastes that contain
hazardous substances from off-site sources.
(2) Jails, prisons or detention facilities.
(3) Telecommunication tower, as permitted in
section 30-404, supplemental regulations.
(4) Excursion gambling boat or floating gambling
facility, as permitted in section 30-409,
supplemental regulations.
(5) Wind energy conversion systems, as permitted
in section 30-410, supplemental regulations.
(6) Billboards, as permitted in section 25-401.
(7) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(8) Short term or long term use of shipping
containers for principal uses, as permitted in
section 30-402, supplemental regulations.
(9) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
Standards.
(1) A site plan, meeting the requirements of
chapter 25 of the City Code shall be submitted
and approved.
(2) No junk yard, scrap, or salvage yard shall
be located within five hundred (500) feet of any
residential use.
(3) Lighting shall be designed to shine and
reflect away from any adjacent residential areas
and shall meet the requirements of chapter 25 of
the City Code.
Height, area, bulk and setback requirements.
(1) Maximum Height: Forty (40) feet, excluding
silos, smoke stacks, and dust collection systems.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4 ) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
C. Side yard: None, except on a lot
abutting a residential district or use there
shall be a side yard of not less than twenty
143
(20) feet on the side of the lot abutting
the residential district or use.
(5) Maximum Building Coverage: None.
(g) Open space, landscaping and bufferyard
requirements.
(1) A minimum of fifteen (15) percent of the
total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1
zoning districts. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(h) Parking regulations. Off-street parking and loading
spaces shall be provided in accordance with the
requirements for specific uses set forth in section
25-202.
Article 6. Section 30-342 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows:
Sec. 30-342. - A-1, airport district.
(a) Purpose. The purpose of this district is intended
to regulate development of land surrounding the
Cape Girardeau Regional Airport. To promote
compatible land uses with the airport and
associated uses of surrounding land, along with
protecting the airport from incompatible
development.
(b) Permitted uses.
(1) Public airport owned and/or operated by a
general or special purpose unit of government, to
include all air -side support facilities necessary
for operation.
(2) General commercial aviation, air charter
service, aircraft maintenance, pilot training,
and scheduled air passenger and freight services.
(3) Automobile and aircraft parking and storage.
(4) Aircraft and aircraft parts repair,
reconstruction, construction or maintenance.
(5) Offices and office buildings.
(6) Warehousing.
144
(c) Permitted uses (accessory).
(1) Motor fuel filling, dispensing and storage
for vehicles and aircraft.
(2) Agricultural use, limited to row crop
production and excluding the raising of trees or
animals, subject to applicable F.A.A.
regulations.
(3) Public parks, playgrounds and recreational
facilities.
(4) Hotels.
(5) Food service, including restaurants and food
dispensing.
(6) Advertising signs, limited to on -premises
signs advertising the name and services of a
business located in this district.
(7) Billboards, but only in conformance with
section 30-502 of this chapter.
(8) Any sign erected and maintained pursuant to
and in the discharge of a governmental function
or required by law, ordinance or governmental
regulation. In addition, any sign referred to in
subsections (6), (7), and (8) herein must also
comply with the rules and regulations of the Cape
Girardeau Regional Airport, any applicable state
or federal law, and receive prior written
approval from the airport manager.
(d) Special uses.
(1) General retail sales.
(2) Any use permitted in the (M-1) light
industrial and (M-2) heavy industrial districts.
(3) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(e) Height, area, bulk and setback requirements.
(1) Maximum Height: Two (2) stories not to
exceed thirty (30) feet.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4 ) Minimum Yard Requirements:
a. Front, Rear and Side Yard: Twenty-five
(25) feet for front and rear, ten (10) feet
for side yard. Front, rear and side yard
requirements do not apply to structures
145
constructed on or immediately adjacent to
any runway or aircraft apron at the Cape
Girardeau Regional Airport.
(5) Maximum Building Coverage: None.
(f) Open space, landscaping and bufferyard
requirements.
(1) Open space: None.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty-foot wide bufferyard shall be
required adjacent to any property in the AG, AG-
1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH
zoning districts. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(g) Height regulations; definitions. As used in this
section, the words and phrases set out below
shall have the following meanings, unless the
context requires otherwise:
(1) Airport: Cape Girardeau Regional Airport.
(2) Airport elevation: The highest point of an
airport's usable landing area measured in feet
from sea level.
(3) Approach surface: A surface longitudinally
centered on the extended runway centerline,
extending outward and upward from the end of the
primary surface and at the same slope as the
approach zone height limitation slope set forth
in section 30-342(i). In the airspace plan, the
perimeter of the approach surface coincides with
the perimeter of the approach zone.
(4) Approach, transitional, horizontal, and
conical zones: These zones are set forth in
section 30-342(h).
(5) Conical surface: A surface extending outward
and upward from the periphery of the horizontal
surface at a slope of twenty to one (20:1) for a
horizontal distance of four thousand (4,000)
feet.
(6) Hazard to air navigation: An obstruction
determined to have a substantial adverse effect
on the safe and efficient utilization of the
navigable airspace.
(7) Height: For the purpose of determining the
height limits in all zones set forth in this
section and shown on the airspace plan, the datum
i�.
shall be mean sea level elevation unless
otherwise specified.
(8) Horizontal surface: A horizontal plane one
hundred fifty (150) feet above the established
airport elevation, the perimeter of which in the
airspace plan coincides with the perimeter of the
horizontal zone.
(9) Nonconforming use: Any preexisting
structure, object of natural growth, or use of
land which is inconsistent with the provisions of
this section, or any amendment thereto.
(10) Nonprecision instrument runway: A runway
having an existing instrument approach procedure
utilizing air navigation facilities with only
horizontal guidance, or area type navigation
equipment, for which a straight -in nonprecision
instrument approach procedure has been approved
or planned.
(11) Obstruction: Any structure, growth or other
object, including a mobile object, which exceeds
a limiting height set forth in section 30-342(i).
(12) Person: An individual, firm, partnership,
corporation, company, association, joint stock
association or governmental entity; includes a
trustee, a receiver, an assignee or similar
representative of any of them.
(13) Precision instrument runway: A runway having
an existing instrument approach procedure
utilizing an instrument landing system (ILS) or
precision approach radar (PAR). It also means a
runway for which a precision approach system is
planned and is so indicated on an approved
airport layout plan or any other planning
document.
(14) Primary surface: A surface longitudinally
centered on a runway. When the runway has a
specially prepared hard surface, the primary
surface extends two hundred (200) feet beyond
each end of that runway. The width of the primary
surface is set forth in section 30-342(h). The
elevation of any point on the primary surface is
the same as the elevation of the nearest point on
the runway centerline.
(15) Runway: A defined area of an airport
prepared for landing and take -off of aircraft
along its length.
147
(16) Structure: An object, including a mobile
object, constructed or installed by man,
including, but without limitation, buildings,
towers, cranes, smokestacks, earth formation and
overhead transmission lines.
(17) Transitional surfaces: These surfaces extend
outward at ninety -degree angles to the runway
centerline and the runway centerline extended at
a slope of seven (7) feet horizontally for each
foot vertically from the sides of the primary and
approach surfaces to where they intersect the
horizontal and conical surfaces; also,
transitional surfaces for those portions of the
precision approach surfaces, which project
through and beyond the limits of the conical
surface, extended a distance of five thousand
(5,000) feet measured horizontally from the edge
of the approach surface and at ninety -degree
angles to the extended runway centerline.
(18) Tree: Any object of natural growth.
(19) Utility runway: A runway that is constructed
for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500)
pounds maximum gross weight or less.
(20) Visual runway: A runway intended solely for
the operation of aircraft using visual approach
procedures.
(h) Airport zones. In order to carry out the
provisions of this section, there are hereby
created and established certain zones which
include all the land lying beneath the approach
surfaces, transitional surfaces, horizontal
surfaces, and conical surfaces as they apply to
the Cape Girardeau Regional Airport. Such zones
are shown in the most recent approved airport
layout plan which is incorporated into this
article and made a part hereof as though fully
set out herein.
An area located in no more than one (1) of the
following zones is considered to be only in the
zone with the more restrictive height limitation.
The various zones are hereby established and
defined as follows:
(1) Runway 20 visual approach zone. The inner
edge of this approach zone coincides with the
IM
width of the primary surface and is five hundred
(500) feet wide. The approach zone expands
outward uniformly to a width of one thousand two
hundred fifty (1,250) feet at a horizontal
distance of five thousand (5,000) feet from the
primary surface. Its centerline is the
continuation of the centerline of the runway.
(2) Runway 02 nonprecision instrument approach
zone. The inner edge of this approach zone
coincides with the width of the primary surface
and is five hundred (500) feet wide. The approach
zone expands outward uniformly to a width of two
thousand (2,000) feet at a horizontal distance of
five thousand (5,000) feet from the primary
surface. Its centerline is the continuation of
the centerline of the runway.
(3) Precision instrument runway 10 approach
zone. The inner edge of this approach zone
coincides with the width of the primary surface
and is one thousand (1,000) feet wide. The
approach zone expands outward uniformly to a
width of sixteen thousand (16,000) feet at a
horizontal distance of fifty thousand (50,000)
feet from the primary surface. Its centerline is
the continuation of the centerline of the runway.
(4) Runway 28 nonprecision instrument approach
zone. The inner edge of this approach zone
coincides with the width of the primary surface
and is one thousand (1,000) feet wide. The
approach zone expands outward uniformly to a
width of four thousand (4,000) feet at a
horizontal distance of ten thousand (10,000) feet
from the primary surface. Its centerline is the
continuation of the centerline of the runway.
(5) Transitional zones. The transitional zones
are the areas beneath the transitional surfaces.
(6) Horizontal zone. The horizontal zone is
established by swinging arcs of five thousand
(5,000) feet radii for all runways designated as
utility or visual, and ten thousand (10,000) feet
radii for all others measured from the center of
each end of the primary surface of each runway,
and connecting the adjacent arcs by drawing a
line tangent to these arcs. The horizontal zone
does not include the approach and transitional
zones.
149
(7) Conical zone. The conical zone is
established as the area that commences at the
periphery of the horizontal zone and extends
outward therefrom a horizontal distance of four
thousand (4,000) feet.
(i) Airport zone height limitations. Except as
otherwise provided in this section, no structure
shall be erected, altered or maintained, and no
tree shall be allowed to grow in any zone created
by this article to a height in excess of the
applicable height limit herein established for
such zone. Such applicable height limits are
hereby established for each of the zones in
question as follows:
(1) Runway 20 visual approach zone. Slopes
twenty (20) feet outward for each foot upward
beginning at the end of and at the same elevation
as the primary surface and extending to a
horizontal distance of five thousand (5,000) feet
along the extended runway centerline.
(2) Runway 02 nonprecision instrument approach
zone. Slopes twenty (20) feet outward for each
foot upward beginning at the end of and at the
same elevation as the primary surface and
extending to a horizontal distance of five
thousand (5,000) feet along the extended runway
centerline.
(3) Precision instrument runway 10 approach
zone. Slopes fifty (50) feet outward for each
foot upward beginning at the end of and at the
same elevation as the primary surface and
extending to a horizontal distance of ten
thousand (10,000) feet along the extended runway
centerline; thence slopes upward forty (40) feet
horizontally for each foot vertically to an
additional horizontal distance of forty thousand
(40,000) feet along the extended runway
centerline.
(4) Runway 28 nonprecision instrument approach
zone. Slopes thirty-four (34) feet outward for
each foot upward beginning at the end of and at
the same elevation as the primary surface and
extending to a horizontal distance of ten
thousand (10,000) feet along the extended runway
centerline.
150
(5) Traditional zones. Slopes seven (7) feet
outward for each foot upward beginning at the
sides of and at the same elevation as the primary
surface and the approach surface, and extending
to a height of one hundred fifty (150) feet above
the airport elevation which is three hundred
forty-two (342) feet above mean sea level. In
addition to the foregoing, there are established
height limits sloping seven (7) feet outward for
each foot upward beginning at the sides of and at
the same elevation as the approach surface, and
extending to where they intersect the conical
surface. Where the precision instrument runway
approach zone projects beyond the conical zone,
there are established height limits sloping seven
(7) feet outward for each foot upward beginning
at the sides of and at the same elevation as the
approach surface, and extending a horizontal
distance of five thousand (5,000) feet measured
at ninety-degree angles to the extended runway
centerline.
(6) Horizontal zone. Established at one hundred
fifty (150) feet above the airport elevation or
at a height of four hundred ninety-two (492) feet
above mean sea level.
[(7) Reserved. ]
(8) Conical zone. Slopes twenty (20) feet
outward for each foot upward beginning at the
periphery of the horizontal zone and at one
hundred fifty (150) feet above the airport
elevation and extending to a height of three
hundred fifty (350) feet above the airport
elevation.
[ (9 ) Reserved. ]
(10) Excepted height limitations. Nothing in this
article shall be construed as prohibiting the
construction or maintenance of any structure to a
height of thirty (30) feet, or growth of any tree
to a height of fifty (50) feet, above the surface
of the land.
(j) Use restrictions. Notwithstanding any other
provision of this article, no use may be made of
land or water within any zone established by this
article in such a manner as to create electrical
interference with navigation signals or radio
communication between the airport and aircraft,
151
make it difficult for pilots to distinguish
between airport lights and others, result in
glare in the eyes of pilots using the airport,
impair visibility in the vicinity of the airport,
create bird strike hazards, or otherwise in any
way endanger or interfere with the landing,
takeoff or maneuvering of the aircraft intending
to use the airport.
(k) Nonconforming uses.
(1) Regulations not retroactive. The regulations
prescribed by this article shall not be construed
to require the removal, lowering or other change
or alteration of any structure or tree not
conforming to the regulations as of the effective
date of the ordinance from which this article
derives, or otherwise interfere with the
continuance of such nonconforming use. Nothing
contained herein shall require any change in the
construction, alteration, or intended use of any
structure, the construction or alteration of
which was begun prior to the effective date of
the ordinance from which this article derives.
(2) Marking and lighting. Notwithstanding the
preceding provision of this section, the owner of
any existing nonconforming structure or tree is
hereby required to permit the installation,
operation and maintenance thereon of such markers
and lights as shall be deemed necessary by the
airport manager to indicate to the operators of
aircraft in the vicinity of the airport the
presence of such airport obstruction. Such
markers and lights shall be installed, operated
and maintained at the expense of the Cape
Girardeau Regional Airport.
(1) Permits.
(1) Future uses. Except as specifically provided
in subsections (a), (b) and (c) hereunder, no
material change shall be made in the use of land,
no structure shall be erected or otherwise
established, and no tree shall be planted in any
zone hereby created unless a permit therefor
shall have been applied for and granted by the
building official. Each application for a permit
shall indicate the purpose for which the permit
is desired, with sufficient particularity to
permit it to be determined whether the resulting
152
use, structure or tree would conform to the
regulations herein prescribed. If such
determination is in the affirmative, the permit
shall be granted. No permit for a use
inconsistent with the provisions of this article
shall be granted unless a variance has been
approved in accordance with section 30-204.
a. In the area lying within the limits of
the horizontal zone and conical zone, no
permit shall be required for any tree or
structure less than seventy-five (75) feet
of vertical height above the ground, except
when because of terrain, land contour, or
topographic features, such tree or structure
would extend above the height limits
prescribed for such zones.
b. In areas lying within the limits of the
approach zones, but at a horizontal distance
of not less than four thousand two hundred
(4,200) feet from each end of the runway, no
permit shall be required for any tree or
structure less than seventy-five (75) feet
of vertical height above the ground, except
when such tree or structure would extend
above the height limit prescribed for such
approach zones.
C. In the areas lying within the limits of
the transition zones beyond the perimeter of
the horizontal zone, no permit shall be
required for any tree or structure less than
seventy-five (75) feet of vertical height
above the ground, except when such tree or
structure, because of terrain, land contour,
or topographic features, would extend above
the height limit prescribed for such
transition zones.
Nothing contained in any of the foregoing
exceptions shall be construed as permitting or
intending to permit any construction, or
alteration of any structure, or growth of any
tree in excess of any of the height limits
established by this article except as set forth
in section 30-342(i)(10).
(2) Existing uses. No permit shall be granted
that would allow the establishment or creation of
153
an obstruction, or permit a nonconforming use,
structure or tree to become a greater hazard to
air navigation than it was on the effective date
of this article or any amendments thereto, or
than it is when the application for the permit is
made. Except as indicated, all applications for
such a permit shall be granted.
(3) Nonconforming uses abandoned or destroyed.
Whenever the building official determines that a
nonconforming tree or structure has been
abandoned or more than eighty (80) percent torn
down, physically deteriorated, or decayed, no
permit shall be granted that would allow such
structure or tree to exceed the applicable height
limit or otherwise deviate from the zoning
regulations.
(4) Variances. Any person desiring to erect or
increase the height of any structure, or permit
the growth of any tree, or use property, not in
accordance with the regulations prescribed in
this article, may apply to the board of
adjustment for a variance from such regulations.
The application for variance shall be accompanied
by a determination from the Federal Aviation
Administration as to the effect of the proposal
on the operation of air navigation facilities and
the safe, efficient use of navigable airspace.
Such variances shall only be allowed where it is
duly found that a literal application or
enforcement of the regulations will result in
unnecessary hardship, and that the relief granted
will not be contrary to the public interest, and
will not create a hazard to air navigation
facilities and the safe, efficient use of
navigable airspace. In addition, such variances
shall only be allowed where it is duly found that
the relief granted will do substantial justice,
and will be in accordance with the spirit of this
article. Additionally, no application for
variance to the requirements of this article may
be considered by the Board of Adjustment unless a
copy of the application has been furnished to the
airport manager for advice as to the aeronautical
effects of the variance. If the airport manager
does not respond to the application within
fifteen (15) days after receipt, the board of
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adjustment may act on its own to grant or deny
said application.
(5) Obstruction marking and lighting. Any permit
or variance granted may, if such action is deemed
advisable to effectuate the purposes of this
article and be reasonable in the circumstances,
be so conditioned as to require the owner of the
structure or tree in question to install, operate
and maintain, at the owner's expense, such
markings and lights as may be necessary. If
deemed proper by the board of adjustment, this
condition may be modified to require the owner to
permit the Cape Girardeau Regional Airport at its
own expense, to install, operate and maintain the
necessary markings and lights.
(m) Enforcement. It shall be the duty of the building
official to administer and enforce the
regulations prescribed herein. Applications for
permits and variances shall be made to the
building official upon a form published for that
purpose. Applications required by this article to
be submitted to the building official shall be
promptly considered and granted or denied.
Application for action by the board of adjustment
shall be forthwith transmitted by the building
official.
(n) Conflicting regulations. Where there exists a
conflict between any of the regulations or
limitations prescribed in this article and any
other regulations applicable to the same area,
whether the conflict be with respect to the
height of structures or trees, and the use of
land, or any other matter, the more stringent
limitation or requirement shall govern and
prevail.
i.s'hereby fepealed, and a new Section 30-342 is hereby adopted,
in lieu thereof, in words and figures, to read as follows:
Sec. 30-342. - A-1, airport district.
(a) Purpose. The purpose of this district is intended
to regulate development of land surrounding the
Cape Girardeau Regional Airport. To promote
compatible land uses with the airport and
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1*3
(c)
associated uses of surrounding land, along with
protecting the airport from incompatible
development.
Permitted principal uses.
(1) Public airport owned and/or operated by a
general or special purpose unit of government, to
include all air -side support facilities necessary
for operation.
(2) General commercial aviation, air charter
service, aircraft maintenance, pilot training,
and scheduled air passenger and freight services.
(3) Automobile and aircraft parking and storage.
(4) Aircraft and aircraft parts repair,
reconstruction, construction or maintenance.
(5) Offices and office buildings.
(6) Warehousing.
Permitted accessory uses.
(1) Accessory structures and uses customarily
incidental to the above uses, as permitted in
section 30-403, supplemental regulations.
(2) Motor fuel filling, dispensing and storage
for vehicles and aircraft.
(3) Agricultural use, limited to row crop
production and excluding the raising of trees or
animals, subject to applicable F.A.A.
regulations.
(4) Public parks, playgrounds and recreational
facilities.
(5) Hotels.
(6) Food service, including restaurants and food
dispensing.
(7) Advertising signs, limited to on -premises
signs advertising the name and services of a
business located in this district.
(8) Billboards, but only in conformance with
section 30-502 of this chapter.
(9) Any sign erected and maintained pursuant to
and in the discharge of a governmental function
or required by law, ordinance or governmental
regulation. In addition, any sign referred to in
subsections (6), (7), and (8) herein must also
comply with the rules and regulations of the Cape
Girardeau Regional Airport, any applicable state
or federal law, and receive prior written
approval from the airport manager.
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(10) Short term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(d) Special uses.
(1) General retail sales.
(2) Any use permitted in the (M-1) light
industrial and (M-2) heavy industrial districts.
(3) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would allow
other buildings of the same nature as a use -by -
right.
(4) Short term or long term use of shipping
containers for principal uses, as permitted in
section 30-402, supplemental regulations.
(5) Long term use of shipping containers for
accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Height, area, bulk and setback requirements.
(1) Maximum Height: Two (2) stories not to
exceed thirty (30) feet.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4 ) Minimum Yard Requirements:
a. Front, Rear and Side Yard: Twenty-five
(25) feet for front and rear, ten (10) feet
for side yard. Front, rear and side yard
requirements do not apply to structures
constructed on or immediately adjacent to
any runway or aircraft apron at the Cape
Girardeau Regional Airport.
(5) Maximum Building Coverage: None.
(f) Open space, landscaping and bufferyard
requirements.
(1) Open space: None.
(2) Landscaping shall be provided as required in
chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be
required adjacent to any property in the AG, AG -
1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH
zoning districts. This bufferyard shall comply
with the requirements of chapter 25 of the City
Code.
(g) Height regulations; definitions. As used in this
section, the words and phrases set out below
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shall have the following meanings, unless the
context requires otherwise:
(1) Airport: Cape Girardeau Regional Airport.
(2) Airport elevation: The highest point of an
airport's usable landing area measured in feet
from sea level.
(3) Approach surface: A surface longitudinally
centered on the extended runway centerline,
extending outward and upward from the end of the
primary surface and at the same slope as the
approach zone height limitation slope set forth
in section 30-342(i). In the airspace plan, the
perimeter of the approach surface coincides with
the perimeter of the approach zone.
(4) Approach, transitional, horizontal, and
conical zones: These zones are set forth in
section 30-342(h).
(5) Conical surface: A surface extending outward
and upward from the periphery of the horizontal
surface at a slope of twenty to one (20:1) for a
horizontal distance of four thousand (4,000)
feet.
(6) Hazard to air navigation: An obstruction
determined to have a substantial adverse effect
on the safe and efficient utilization of the
navigable airspace.
(7) Height: For the purpose of determining the
height limits in all zones set forth in this
section and shown on the airspace plan, the datum
shall be mean sea level elevation unless
otherwise specified.
(8) Horizontal surface: A horizontal plane one
hundred fifty (150) feet above the established
airport elevation, the perimeter of which in the
airspace plan coincides with the perimeter of the
horizontal zone.
(9) Nonconforming use: Any preexisting
structure, object of natural growth, or use of
land which is inconsistent with the provisions of
this section, or any amendment thereto.
(10) Nonprecision instrument runway: A runway
having an existing instrument approach procedure
utilizing air navigation facilities with only
horizontal guidance, or area type navigation
equipment, for which a straight -in nonprecision
158
instrument approach procedure has been approved
or planned.
(11) Obstruction: Any structure, growth or other
object, including a mobile object, which exceeds
a limiting height set forth in section 30-342(i).
(12) Person: An individual, firm, partnership,
corporation, company, association, joint stock
association or governmental entity; includes a
trustee, a receiver, an assignee or similar
representative of any of them.
(13) Precision instrument runway: A runway having
an existing instrument approach procedure
utilizing an instrument landing system (ILS) or
precision approach radar (PAR). It also means a
runway for which a precision approach system is
planned and is so indicated on an approved
airport layout plan or any other planning
document.
(14) Primary surface: A surface longitudinally
centered on a runway. When the runway has a
specially prepared hard surface, the primary
surface extends two hundred (200) feet beyond
each end of that runway. The width of the primary
surface is set forth in section 30-342(h). The
elevation of any point on the primary surface is
the same as the elevation of the nearest point on
the runway centerline.
(15) Runway: A defined area of an airport
prepared for landing and take -off of aircraft
along its length.
(16) Structure: An object, including a mobile
object, constructed or installed by man,
including, but without limitation, buildings,
towers, cranes, smokestacks, earth formation and
overhead transmission lines.
(17) Transitional surfaces: These surfaces extend
outward at ninety -degree angles to the runway
centerline and the runway centerline extended at
a slope of seven (7) feet horizontally for each
foot vertically from the sides of the primary and
approach surfaces to where they intersect the
horizontal and conical surfaces; also,
transitional surfaces for those portions of the
precision approach surfaces, which project
through and beyond the limits of the conical
surface, extended a distance of five thousand
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(5,000) feet measured horizontally from the edge
of the approach surface and at ninety -degree
angles to the extended runway centerline.
(18) Tree: Any object of natural growth.
(19) Utility runway: A runway that is constructed
for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500)
pounds maximum gross weight or less.
(20) Visual runway: A runway intended solely for
the operation of aircraft using visual approach
procedures.
(h) Airport zones. In order to carry out the
provisions of this section, there are hereby
created and established certain zones which
include all the land lying beneath the approach
surfaces, transitional surfaces, horizontal
surfaces, and conical surfaces as they apply to
the Cape Girardeau Regional Airport. Such zones
are shown in the most recent approved airport
layout plan which is incorporated into this
article and made a part hereof as though fully
set out herein.
An area located in no more than one (1) of the
following zones is considered to be only in the
zone with the more restrictive height limitation.
The various zones are hereby established and
defined as follows:
(1) Runway 20 visual approach zone. The inner
edge of this approach zone coincides with the
width of the primary surface and is five hundred
(500) feet wide. The approach zone expands
outward uniformly to a width of one thousand two
hundred fifty (1,250) feet at a horizontal
distance of five thousand (5,000) feet from the
primary surface. Its centerline is the
continuation of the centerline of the runway.
(2) Runway 02 nonprecision instrument approach
zone. The inner edge of this approach zone
coincides with the width of the primary surface
and is five hundred (500) feet wide. The approach
zone expands outward uniformly to a width of two
thousand (2,000) feet at a horizontal distance of
five thousand (5,000) feet from the primary
surface. Its centerline is the continuation of
the centerline of the runway.
160
(3) Precision instrument runway 10 approach
zone. The inner edge of this approach zone
coincides with the width of the primary surface
and is one thousand (1,000) feet wide. The
approach zone expands outward uniformly to a
width of sixteen thousand (16,000) feet at a
horizontal distance of fifty thousand (50,000)
feet from the primary surface. Its centerline is
the continuation of the centerline of the runway.
(4) Runway 28 nonprecision instrument approach
zone. The inner edge of this approach zone
coincides with the width of the primary surface
and is one thousand (1,000) feet wide. The
approach zone expands outward uniformly to a
width of four thousand (4,000) feet at a
horizontal distance of ten thousand (10,000) feet
from the primary surface. Its centerline is the
continuation of the centerline of the runway.
(5) Transitional zones. The transitional zones
are the areas beneath the transitional surfaces.
(6) Horizontal zone. The horizontal zone is
established by swinging arcs of five thousand
(5,000) feet radii for all runways designated as
utility or visual, and ten thousand (10,000) feet
radii for all others measured from the center of
each end of the primary surface of each runway,
and connecting the adjacent arcs by drawing a
line tangent to these arcs. The horizontal zone
does not include the approach and transitional
zones.
(7) Conical zone. The conical zone is
established as the area that commences at the
periphery of the horizontal zone and extends
outward therefrom a horizontal distance of four
thousand (4,000) feet.
(i) Airport zone height limitations. Except as
otherwise provided in this section, no structure
shall be erected, altered or maintained, and no
tree shall be allowed to grow in any zone created
by this article to a height in excess of the
applicable height limit herein established for
such zone. Such applicable height limits are
hereby established for each of the zones in
question as follows:
(1) Runway 20 visual approach zone. Slopes
twenty (20) feet outward for each foot upward
161
beginning at the end of and at the same elevation
as the primary surface and extending to a
horizontal distance of five thousand (5,000) feet
along the extended runway centerline.
(2) Runway 02 nonprecision instrument approach
zone. Slopes twenty (20) feet outward for each
foot upward beginning at the end of and at the
same elevation as the primary surface and
extending to a horizontal distance of five
thousand (5,000) feet along the extended runway
centerline.
(3) Precision instrument runway 10 approach
zone. Slopes fifty (50) feet outward for each
foot upward beginning at the end of and at the
same elevation as the primary surface and
extending to a horizontal distance of ten
thousand (10,000) feet along the extended runway
centerline; thence slopes upward forty (40) feet
horizontally for each foot vertically to an
additional horizontal distance of forty thousand
(40,000) feet along the extended runway
centerline.
(4) Runway 28 nonprecision instrument approach
zone. Slopes thirty-four (34) feet outward for
each foot upward beginning at the end of and at
the same elevation as the primary surface and
extending to a horizontal distance of ten
thousand (10,000) feet along the extended runway
centerline.
(5) Traditional zones. Slopes seven (7) feet
outward for each foot upward beginning at the
sides of and at the same elevation as the primary
surface and the approach surface, and extending
to a height of one hundred fifty (150) feet above
the airport elevation which is three hundred
forty-two (342) feet above mean sea level. In
addition to the foregoing, there are established
height limits sloping seven (7) feet outward for
each foot upward beginning at the sides of and at
the same elevation as the approach surface, and
extending to where they intersect the conical
surface. Where the precision instrument runway
approach zone projects beyond the conical zone,
there are established height limits sloping seven
(7) feet outward for each foot upward beginning
at the sides of and at the same elevation as the
162
(J )
(k)
approach surface, and extending a horizontal
distance of five thousand (5,000) feet measured
at ninety -degree angles to the extended runway
centerline.
(6) Horizontal zone. Established at one hundred
fifty (150) feet above the airport elevation or
at a height of four hundred ninety-two (492) feet
above mean sea level.
[(7) Reserved. ]
(8) Conical zone. Slopes twenty (20) feet
outward for each foot upward beginning at the
periphery of the horizontal zone and at one
hundred fifty (150) feet above the airport
elevation and extending to a height of three
hundred fifty (350) feet above the airport
elevation.
[ (9 ) Reserved. ]
(10) Excepted height limitations. Nothing in this
article shall be construed as prohibiting the
construction or maintenance of any structure to a
height of thirty (30) feet, or growth of any tree
to a height of fifty (50) feet, above the surface
of the land.
Use restrictions. Notwithstanding any other
provision of this article, no use may be made of
land or water within any zone established by this
article in such a manner as to create electrical
interference with navigation signals or radio
communication between the airport and aircraft,
make it difficult for pilots to distinguish
between airport lights and others, result in
glare in the eyes of pilots using the airport,
impair visibility in the vicinity of the airport,
create bird strike hazards, or otherwise in any
way endanger or interfere with the landing,
takeoff or maneuvering of the aircraft intending
to use the airport.
Nonconforming uses.
(1) Regulations not retroactive. The regulations
prescribed by this article shall not be construed
to require the removal, lowering or other change
or alteration of any structure or tree not
conforming to the regulations as of the effective
date of the ordinance from which this article
derives, or otherwise interfere with the
continuance of such nonconforming use. Nothing
163
contained herein shall require any change in the
construction, alteration, or intended use of any
structure, the construction or alteration of
which was begun prior to the effective date of
the ordinance from which this article derives.
(2) Marking and lighting. Notwithstanding the
preceding provision of this section, the owner of
any existing nonconforming structure or tree is
hereby required to permit the installation,
operation and maintenance thereon of such markers
and lights as shall be deemed necessary by the
airport manager to indicate to the operators of
aircraft in the vicinity of the airport the
presence of such airport obstruction. Such
markers and lights shall be installed, operated
and maintained at the expense of the Cape
Girardeau Regional Airport.
(1) Permits.
(1) Future uses. Except as specifically provided
in subsections (a), (b) and (c) hereunder, no
material change shall be made in the use of land,
no structure shall be erected or otherwise
established, and no tree shall be planted in any
zone hereby created unless a permit therefor
shall have been applied for and granted by the
building official. Each application for a permit
shall indicate the purpose for which the permit
is desired, with sufficient particularity to
permit it to be determined whether the resulting
use, structure or tree would conform to the
regulations herein prescribed. If such
determination is in the affirmative, the permit
shall be granted. No permit for a use
inconsistent with the provisions of this article
shall be granted unless a variance has been
approved in accordance with section 30-204.
a. In the area lying within the limits of
the horizontal zone and conical zone, no
permit shall be required for any tree or
structure less than seventy-five (75) feet
of vertical height above the ground, except
when because of terrain, land contour, or
topographic features, such tree or structure
would extend above the height limits
prescribed for such zones.
164
b. In areas lying within the limits of the
approach zones, but at a horizontal distance
of not less than four thousand two hundred
(4,200) feet from each end of the runway, no
permit shall be required for any tree or
structure less than seventy-five (75) feet
of vertical height above the ground, except
when such tree or structure would extend
above the height limit prescribed for such
approach zones.
C. In the areas lying within the limits of
the transition zones beyond the perimeter of
the horizontal zone, no permit shall be
required for any tree or structure less than
seventy-five (75) feet of vertical height
above the ground, except when such tree or
structure, because of terrain, land contour,
or topographic features, would extend above
the height limit prescribed for such
transition zones.
Nothing contained in any of the foregoing
exceptions shall be construed as permitting or
intending to permit any construction, or
alteration of any structure, or growth of any
tree in excess of any of the height limits
established by this article except as set forth
in section 30-342(i)(10).
(2) Existing uses. No permit shall be granted
that would allow the establishment or creation of
an obstruction, or permit a nonconforming use,
structure or tree to become a greater hazard to
air navigation than it was on the effective date
of this article or any amendments thereto, or
than it is when the application for the permit is
made. Except as indicated, all applications for
such a permit shall be granted.
(3) Nonconforming uses abandoned or destroyed.
Whenever the building official determines that a
nonconforming tree or structure has been
abandoned or more than eighty (80) percent torn
down, physically deteriorated, or decayed, no
permit shall be granted that would allow such
structure or tree to exceed the applicable height
limit or otherwise deviate from the zoning
regulations.
165
(4) Variances. Any person desiring to erect or
increase the height of any structure, or permit
the growth of any tree, or use property, not in
accordance with the regulations prescribed in
this article, may apply to the board of
adjustment for a variance from such regulations.
The application for variance shall be accompanied
by a determination from the Federal Aviation
Administration as to the effect of the proposal
on the operation of air navigation facilities and
the safe, efficient use of navigable airspace.
Such variances shall only be allowed where it is
duly found that a literal application or
enforcement of the regulations will result in
unnecessary hardship, and that the relief granted
will not be contrary to the public interest, and
will not create a hazard to air navigation
facilities and the safe, efficient use of
navigable airspace. In addition, such variances
shall only be allowed where it is duly found that
the relief granted will do substantial justice,
and will be in accordance with the spirit of this
article. Additionally, no application for
variance to the requirements of this article may
be considered by the Board of Adjustment unless a
copy of the application has been furnished to the
airport manager for advice as to the aeronautical
effects of the variance. If the airport manager
does not respond to the application within
fifteen (15) days after receipt, the board of
adjustment may act on its own to grant or deny
said application.
(5) Obstruction marking and lighting. Any permit
or variance granted may, if such action is deemed
advisable to effectuate the purposes of this
article and be reasonable in the circumstances,
be so conditioned as to require the owner of the
structure or tree in question to install, operate
and maintain, at the owner's expense, such
markings and lights as may be necessary. If
deemed proper by the board of adjustment, this
condition may be modified to require the owner to
permit the Cape Girardeau Regional Airport at its
own expense, to install, operate and maintain the
necessary markings and lights.
I • i
(m) Enforcement. It shall be the duty of the building
official to administer and enforce the
regulations prescribed herein. Applications for
permits and variances shall be made to the
building official upon a form published for that
purpose. Applications required by this article to
be submitted to the building official shall be
promptly considered and granted or denied.
Application for action by the board of adjustment
shall be forthwith transmitted by the building
official.
(n) Conflicting regulations. Where there exists a
conflict between any of the regulations or
limitations prescribed in this article and any
other regulations applicable to the same area,
whether the conflict be with respect to the
height of structures or trees, and the use of
land, or any other matter, the more stringent
limitation or requirement shall govern and
prevail.
Article 7. Sections 30-401 and 30-402 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, reading as
follows:
Sec. 30-401. - Special use permits.
(a) Purpose. Subject to the provisions of this
section, the city council may by ordinance on its
own motion or on application grant a special use
permit for the special uses specifically
identified in each zoning district from which the
uses are otherwise prohibited by this chapter.
The city council shall impose appropriate
conditions and safeguards for the issuance of the
special use permit, which may include a specified
period of time for the permit, a limitation of
the persons who may carry out such use, and
limitations upon or requirements for the size or
design of buildings and other improvements upon
the property, all for the purpose of conserving
and protecting property and property values in
the neighborhood.
(b) Application for special use permit. Applications
for special use permits shall be made and
processed in the same manner as provided in
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section 30-206 relating to applications for
district changes.
(1) The city council shall determine whether
such building or use will:
a. Substantially increase traffic hazards
or congestion;
b. Substantially increase fire hazards;
C. Adversely affect the character of the
neighborhood;
d. Adversely affect the general welfare of
the community; and
e. Overtax public utilities.
(2) If the council's finding is negative as to
all the subject referred to in this section, the
application may be granted; if affirmative as to
any subject, then such special use permit shall
be denied.
(3) Any proposed special use shall otherwise
comply with all the regulations set forth in this
chapter for the district in which such use is
located.
Sec. 30-402. - Reserved.
are hereby repealed, and new Sections 30-401 and 30-402 are
hereby adopted, in lieu thereof, in words and figures, to read
as follows:
Sec. 30-401. - Special use permits.
(a) Purpose. Subject to the provisions of this
section, the city council may, by ordinance on
its own motion or on application, grant a special
use permit for any special use specifically
identified in the zoning district in which the
special use is proposed. The city council may
impose appropriate conditions and safeguards for
the issuance of the special use permit, such as a
limitation of the duration of the special use, a
limitation of the parties who may carry out such
use, and limitations upon or requirements for the
size or design of buildings and other
improvements on the property. In cases where a
special use permit application is submitted for a
property in the H, historic overlay district, the
historic preservation commission shall make a
i.:
recommendation to the city council in lieu of
approving or denying a certificate of
appropriateness for any work covered by the
special use permit.
(b) Application for special use permit. Application
for a special use permit 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. The special use
permit fee shall be per the city's fee schedule.
Such application shall be processed in the same
manner as provided in section 30-206 relating to
application for a zoning district change.
(1) In reviewing an application for a special
use permit, the city council shall determine
whether or not the proposed special use will:
a. Substantially increase traffic hazards
or congestion;
b. Substantially increase fire hazards;
C. Adversely affect the character of the
neighborhood;
d. Adversely affect the general welfare of
the community; and
e. Overtax public utilities.
(2) If the council's finding is negative as to
all of the criteria in section 30-401(b)(1), the
application may be granted; if affirmative as to
any of the aforementioned criteria, then such
special use permit shall be denied.
(3) Any use for which a special use permit is
granted shall otherwise comply with all of the
regulations set forth in this chapter for the
zoning district in which such use is located.
Sec. 30-402. - Shipping Containers.
Shipping containers shall be subject to the
requirements in the following table:
One (1) or More Shipping
Short Term -
Long Term -
Containers Used For:
Twelve (12) Consecutive
More than Twelve (12)
Months or Less
Consecutive Months
Principal Use (Excluding
Special Use Permit required in
Special Use Permit required in
Dwelling),
AG, AG -1, RE, NC, C-1, C-2,
NC, C-1, C-2, M-1, M-2, and
M-1, M-2, and A-1 districts;
A-1 districts; prohibited in all
prohibited in all other districts
other districts
Accessory Use (Excluding
Permitted by Right in all
Special Use Permit required in
169
Dwelling),
districts (per property)z
all districts
Accessory Use to a
Construction Project
Permitted in accordance with
Section 30-406(b)(1)
Permitted in accordance with
Section 30-406(b)(1)
Dwelling
Prohibited in all districts
Prohibited in all districts
,As permitted in the zoning district in which the
shipping container(s) are to be located.
20nce all shipping containers have been removed from a
property, no shipping containers shall be placed back
on such property for a period of six (6) consecutive
months unless a special use permit is first obtained.
Article 8. Section 30-406 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows:
Sec. 30-406. - Temporary uses.
(a) Purpose. This section is designed to provide for
certain land uses and structures which are
needed, or are in place, for only short periods
of time. These uses are permitted in all zoning
districts because they are useful or necessary,
and because they do not permanently impact
surrounding property.
(b) Temporary uses allowed. The following temporary
uses of land are permitted in any zoning
district, subject to the specific regulations and
time limits which follow, and subject to the
other applicable regulations of the district in
which the use is to occur.
(1) Contractors office, equipment trailers and
sheds (containing no sleeping or cooking
accommodations) accessory to a construction
project are permitted only during the duration of
such project and they shall be located on the
same property as the construction project. All
such temporary structures shall be removed upon
occupancy of the completed construction, or upon
completion or abandonment of the construction
work, whichever occurs first.
(2) Real estate office (containing no sleeping
or cooking accommodations, unless located in a
model dwelling unit) incidental to a new housing
or other development, provided such office may
continue only until the sale or lease of all
170
dwelling units or nonresidential space in the
development is completed.
(3) Retail sales, such as bazaars, craft sales,
fireworks and Christmas tree sales, provided that
such activities do not exceed a total of thirty
(30) days within a twelve-month period.
(4) Garage or yard sales, provided that no more
than four (4) garage or yard sales per calendar
year shall be allowed, and provided that each
garage or yard sale shall not exceed a period of
three (3) consecutive days.
(5) Street festivals, subject to the following
restrictions:
a. When a residential district adjoins the
street where the festival is to be held,
only one (1) festival shall be allowed in
any twelve (12) consecutive month period. No
such festival shall exceed a period of three
(3) consecutive days, exclusive of a
reasonable period to prepare the street
prior to the event and to restore the street
after the event is finished.
b. Activities related to the event shall
be limited to a daily period extending from
7:00 a.m. to 11:00 p.m.
C. All lighting, activities, noise or
increased traffic associated with the
festival shall not unreasonably disturb
surrounding residential properties.
d. The festival shall not litter or create
a nuisance to adjacent or nearby properties,
or violate any other provision of the City
Code.
i.s'hereby fepealed, and a new Section 30-406 is hereby adopted,
in lieu thereof, in words and figures, to read as follows:
Sec. 30-406. - Temporary uses.
(a) Purpose. This section is designed to provide for
certain land uses and structures which are
needed, or are in place, for only short periods
of time. These uses are permitted in all zoning
districts because they are useful or necessary,
and because they do not permanently impact
surrounding properties.
171
(b) Temporary uses allowed. The following temporary
uses of land are permitted by right in any zoning
district, subject to the specific regulations and
time limits which follow, and subject to the
other applicable regulations of the district in
which the use occurs.
(1) Contractor offices, equipment trailers,
storage buildings, and shipping containers
(containing no sleeping or cooking
accommodations) accessory to a construction
project are permitted only during the duration of
such project and they shall be located on the
same property as the construction project. All
such temporary structures shall be removed upon
occupancy of the completed construction, or upon
completion or abandonment of the construction
work, whichever occurs first.
(2) Real estate offices (containing no sleeping
or cooking accommodations, unless located in a
model dwelling unit) incidental to a new
development, with a maximum of one (1) such
office per development. Such office may continue
only until the sale or lease of all dwelling
units or nonresidential spaces in the development
is completed.
(3) Retail sales, such as bazaars, craft sales,
fireworks and Christmas tree sales, provided that
such activities do not exceed a total of thirty
(30) days within a twelve-month period.
(4) Garage or yard sales, provided that no more
than four (4) garage or yard sales per calendar
year shall be allowed, and provided that each
garage or yard sale shall not exceed a period of
three (3) consecutive days.
(5) Street festivals, subject to the following
restrictions:
a. When a residential district adjoins the
street where the festival is to be held,
only one (1) festival shall be allowed in
any twelve (12) consecutive month period. No
such festival shall exceed a period of three
(3) consecutive days, exclusive of a
reasonable period to prepare the street
prior to the event and to restore the street
after the event is finished.
172
b. Activities related to the event shall
be limited to a daily period extending from
7:00 a.m. to 11:00 p.m.
C. All lighting, activities, noise or
increased traffic associated with the
festival shall not unreasonably disturb
surrounding residential properties.
d. The festival shall not litter or create
a nuisance to adjacent or nearby properties,
or violate any other provision of the City
Code.
Article 9. 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 10. 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 11. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
173
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
TEXT TO BE DELETED IS SHOWN IN STRIKETHROUGH
TEXT TO BE ADDED IS SHOWN IN RED
ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT:
ARTICLE 4. — SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 30-401.
- Special use permits.
Sec. 30-402. -gid Shfipphng contaihners.
Sec. 30-403.
- Accessory structures and uses.
Sec. 30-404.
-Telecommunication towers; standards.
Sec. 30-405.
- Home occupations.
Sec. 30-406.
-Temporary uses.
Sec. 30-407.
- Nonconforming uses.
Sec. 30-408.
- Home day cares.
Sec. 30-409.
- Excursion or floating gambling facilities.
Sec. 30-410.
- Alternative energy systems.
Sec. 30-411.
- In-home elderly care.
Sec. 30-412.
- Guest houses.
Sec. 30-413.
- Height and area exceptions and modifications.
Page 1
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-105. - Definitions.
Words or phrases in this chapter shall be interpreted so as to give them the same meaning as they
have in common usage. However, for the purpose of this chapter, the following terms shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory structure. A detached subordinate building, the use of which is incidental to and
customary in connection with the principal building or use and which is located on the same lot with such
principal building or use, and which is greater than one hundred fifty (150) square feet in size.
Accessory use. A subordinate use which is incidental to and customary in connection with the
principal building or use, and is located on the same lot with such principal building or use.
Accessory SCruclu
Princdipal Baildhm
1
Building line
Agricultural use. The use of land for agricultural purposes, including farming, dairying, pasturage,
agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary
accessory uses for packing, treating, or storing the produce. The operation of any such accessory uses
shall be secondary to normal agricultural activities.
Alley. A thoroughfare which affords only a secondary means of access to abutting property.
Alteration. Any act or process changing one (1) or more of the exterior architectural features of a
structure, including, but not limited to, the erection, construction, reconstruction, or removal of any
structure.
Animal feeding operation (AFO). Animal feeding operations (AFO) as defined by Environmental
Protection Agency Regulations; includes agricultural operations where animals are kept and raised in
confined situations. AFO congregate animals, feed, manure and urine, dead animals, and production
operations on a small land area. Feed is brought to the animals rather than the animals grazing or
otherwise seeking feed in pastures, fields, or on rangeland.
Antenna. Any exterior transmitting or receiving device mounted on a tower, building or structure and
used in communications radiating or capturing electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications signals or other communication
signals. This term shall exclude any receive -only home television antenna.
Bed and breakfast. An owner -occupied, single-family detached dwelling containing one or more
rooms offered to overnight guests, whose paid accommodations include breakfast.
Bedroom. A sleeping room as defined in section 7-361 of the City Code.
Board of adjustment. The board established pursuant to section 30-204 of this chapter.
Bufferyard. A landscaped area intended to separate and partially obstruct the view of two (2)
adjacent land uses or properties from one another, and to block out noise, lights or other nuisances.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Bufferyard
........ ......... ......... ......... ......... ..........
Building. Any structure designed or intended for the support, enclosure, shelter, or protection of
persons, animals, or ppepei4y. 6,-)Gects.
Building coverage. The horizontal area measured within the exterior walls of the ground floor of all
principal and accessory buildings on a lot divided by the gross area of the lot.
Building, height. The vertical distance from the average grade to the highest point of the coping of a
flat roof or to the deckline of a mansard roof or to the mean height level between eaves and ridge for
gable, hip, and gambrel roofs, excluding elevator shafts and equipment.
112
1 l2
Gable Roof Builldling
Height
Averge Grade
Total
Height
Canopies. An independent, ground -supported, roofed structure with totally open sides.
Carport. A roofed structure providing space for the parking of vehicles which is open on not less than
two (2) sides.
Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation
Commission authorizing an alteration, construction, removal or demolition affecting a defined feature
described and delimited in the designation of a local historic district or landmark.
City manager. The city manager of the City of Cape Girardeau, Missouri, or his or her designee.
Cluster subdivision. A development design technique concentrating buildings in specific areas on a
site to allow the remaining land to be used for recreation, common open space, and preservation of
environmentally sensitive features.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
91
Open
--- --- --- --- Space
24 Convenfiionall Lots 24 CWsteredl Lots
No Open Space 50 Open Space
Commercial recreation facility. A commercial facility providing a recreation activity such as billiards,
bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activity of a
similar nature. This term shall not include an amusement park, casino or other gambling facility, or venue
of a sporting event.
Concentrated animal feeding operations (CAFO). Concentrated animal feeding operations (CAFO)
as defined by Environmental Protection Agency Regulations.
Construction. The act of adding to an existing structure or the erection of a new principal or
accessory structure on a lot or property.
Conversion. The alteration or adaptive reuse of a structure to accommodate uses for which it was
not originally designed or constructed. Examples include, but are not limited to, converting a warehouse
into a restaurant, or converting an office building into residential apartments.
Council. The city council of the City of Cape Girardeau, Missouri.
Day care, commercial. A non-residential building, in which care is provided for people who cannot be
fully independent, such as children or elderly people, for only part of the day.
Day care, home. An owner -occupied dwelling, in which care is provided for people who cannot be
fully independent, such as children or elderly people, for only part of the day.
Demolition. As it pertains to a landmark or historic district means any act or process which
affirmatively destroys, in part or in whole, a landmark or a structure within a historic district, or which
affirmatively threatens to destroy a landmark or a structure within a historic district.
Density. The number of dwelling units per acre.
Designation, historic. The identification and registration of properties meeting the criteria established
by the city or the state for the preservation of significant historic and prehistoric resources within the city.
District. A section of the city for which the regulations governing the use of buildings and premises,
the height of buildings, the size of yards, and the intensity of use are uniform.
Dock. The location in the City of Cape Girardeau authorized under RSMo § 313.800 et seq., where
an excursion gambling boat moors for the purpose of embarking passengers for and disembarking
passengers from a gambling excursion; or where an excursion gambling boat is continuously docked; or
where a floating facility for gambling purposes is more or less continuously moored; or where pleasure or
fishing boats are moored for any period of time.
Drive-thru facility. A facility consisting of at least one ordering window or station with a designated
lane, providing goods or services to customers while in their vehicles without having to park.
Duplexes. See "Dwelling, two-family."
Dwelling. Any building or portion thereof which is designed and used exclusively for residential
purposes.
Page 4
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Dwelling, multifamily. A building having accommodations for and occupied exclusively by more than
two (2) families with no more than two (2) unrelated persons per bedroom.
Dwelling, single-family. A building having accommodations for and occupied exclusively by one (1)
family.
Dwelling, two-family. A building having accommodations for and occupied by two (2) families.
Exterior architectural appearance. The architectural character and general composition of the
exterior of a structure, including, but not limited to, the kind, color and texture of the building material, and
the type, design and character of all windows, doors, light fixtures, and signs.
Excursion gambling boat or floating gambling facility. A boat, ferry, barge, or similar structure
licensed by the Missouri Gaming Commission on which gambling games are allowed.
Family.
a. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as
a single housekeeping unit, plus up to two (2) domestic servants; or
b. Three (3) or fewer unrelated persons, including any domestic servants, living as a single
housekeeping unit; or
c. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for
whom they have legally established custodial responsibility, plus up to two (2) domestic
servants, living as a single housekeeping unit.
The term "family" shall not be construed to mean a fraternity, sorority, club or institutional -group.
Farming activity. Any activity directly associated with the growing and harvesting of crops or the
raising of livestock. This term shall not include a commercial feedlot, stockyard or other confinement
operation, or commercial slaughterhouse.
Fence. Any artificially constructed barrier of any material or combination of materials erected to
enclose or screen areas of land.
Floor area ratio (FAR). The gross floor area of all buildings on a lot divided by the lot area on which
the building or buildings are located.
Auiilding i® 0.5 FAR �►
Area
♦ 2.0 FAR
Foster home. A private dwelling licensed by the State of Missouri to provide foster care to seven (7)
or fewer children who are not related to the foster parent(s) by blood, marriage, or adoption.
Freight terminal. A centralized facility for the mass loading and unloading of freight to and from
trucks, railcars, barges, aircraft, or other freight transportation systems.
Frontage. The lot line abutting a street right-of-way. The frontage of a lot abutting more than one (1)
street shall be calculated separately for each street.
Funeral home. An establishment in which the deceased are prepared for burial or cremation and in
which wakes and funerals may be held.
Page 5
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Gambling excursion. The time during which gambling games may be operated on an excursion
gambling boat or floating facility whether docked or during a cruise.
Garage, private. An accessory building or portion of a main building, or part thereof, designed or
used for the storage of vehicles owned and used by the occupants of the building.
Governmental facility. A facility operated by or for a governmental entity.
Heavy manufacturing and industrial facility. A facility engaging in one (1) or more of the following
activities: the extraction, processing, or bulk storage of raw or hazardous materials; the manufacturing,
fabrication, assembly, printing, packaging or shipping of products or materials; or the testing, cleaning,
servicing, repair, or storage thereof. This term shall not include a foundry, smelter, steel mill, sulfur plant,
rubber reclamation plant, commercial slaughterhouse, meat packing or rendering facility, or any facility
producing or processing explosives or flammable gases or liquids.
Historic district, local. An area designated as a "local historic district" by ordinance of the city council,
pursuant to section 30-352 of this chapter.
Historic landmark, local. A property or structure designated as a 'local historic landmark" by
ordinance of the city council, pursuant to section 30-352 of this chapter.
Hobby farm. A small farm operated for pleasure rather than for income.
Home occupation. Any activity, whether or not for financial gain, conducted in or directed from a
residential dwelling unit by one (1) or more family members residing within that dwelling unit.
Home for physically, mentally, or developmentally disabled people. A dwelling occupied by eight (8)
or fewer physically, mentally, or developmentally disabled people, with up to two (2) additional people
acting as house parents or guardians who need not be related to each other or any of the residents.
Hospital. A facility providing emergency or inpatient medical care for sick or injured people.
Hotel. Any structure, or building, under one (1) management, which contains a room or rooms
furnished for the accommodation or lodging of guests, with or without meals being provided, and kept,
used, maintained, advertised or held out to the public as a place where sleeping accommodations are
sought for pay or compensation to transient guests or permanent guests.
Infill development. New construction on vacant or underutilized parcels of land, or clearance and
redevelopment to replace dilapidated or deteriorated structures.
Kennel. An establishment licensed to operate a facility housing dogs, cats, or other household pets
and where grooming, breeding, boarding, training, or selling of animals is conducted as a business, or by
a not-for-profit organization.
Light manufacturing and industrial facility. A facility engaging in one (1) or more of the following
activities: the manufacturing, fabrication, assembly, printing, packaging or shipping of products or
materials; or the testing, cleaning, servicing, repair, or storage thereof. This term shall not include any
facility engaging in the extraction, processing, or bulk storage of raw or hazardous materials, or any of the
following: foundry, smelter, steel mill, sulfur plant, rubber reclamation plant, commercial slaughterhouse,
meat packing or rendering facility, or any facility producing or processing explosives or flammable gases
or liquids.
Loading space. A space on the lot accessible to an alley or street, not less than ten (10) feet in width,
twenty (20) feet in depth and ten (10) feet in height.
P61bliG „r nr,"�+o street. Lot A tract of Iand, Il avi:ng its own Esti ct 'Metes and Il.-)ounds Ieq l descimipiJ'on as
l ift of deed of record, or Ill iii d s lot s Ili ifi o su�ll,-)6,�rl',sI':on of record
Page 6
I
01
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Cerner
a Interior ;
Corner
Lot
Lot
Lot
Ilrnterior
Flag ;Through;
Interior
Lot
Lot
Lot Lot
Corner
Interior
Corner
Lot
Lot
Lot
Lot, corner. A lot abutting upon two (2) or more streets at their intersection.
Lot, depth of. The mean horizontal distance between the front and rear lot lines
Lot, interior. A lot other than a corner lot.
Lot of record. A lot which is a part of a subdivision, the map of which was recorded in the office of the
county recorder; or a parcel of land, the deed to which was recorded in the office of the county recorder,
prior to the original adoption of this ordinance on December 20, 1967.
Manufactured business unit (mobile business unit). A factory -built structure or structures which, in
the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or,
when erected on-site, contains three hundred twenty (320) or more square feet, equipped with the
necessary service connections and made so as to be readily movable as a unit or units on its or their own
running gear and designed to be used for nonresidential purposes with or without a permanent
foundation, and which may be moved from time to time.
Manufactured business units (mobile business units) are those factory -built structures manufactured
under the authority of the Federal Manufactured Home Construction and Safety Standards Acts, effective
June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban
Development (HUD) as required by the Missouri Public Service Commission.
This term shall also include units defined as above if such units are in two (2) or more separately
towable components designed to be joined into one (1) integral unit capable of being again separated into
components capable of repeated towing and includes two (2) or more manufactured business units joined
into a single business unit which are kept on separate chassis for repeated towing.
Manufactured home (mobile home). A factory built structure or structures which, in traveling mode, is
eight (8) body feet or more in width or forty (40) body feet in length, or, when erected on-site, contains
three hundred twenty (320) or more square feet, equipped with the necessary service connections and
made so as to be readily movable as a unit or units on its or their own running gear and designed to be
used as a dwelling unit or units with or without a permanent foundation, and which may be moved from
time to time.
Manufactured homes (mobile homes) are those factory -built structures manufactured under the
authority of the Federal Manufactured Home Construction and Safety Standards Act, effective June 15,
1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development
(HUD) as required by the Missouri Public Service Commission.
This term shall also include units defined as above if such units are in two (2) or more separately
towable components designed to be joined into one (1) integral unit capable of being again separated into
the components capable of repeated towing and includes two (2) or more manufactured home units
joined into a single residential unit which are kept on separate chassis for repeated towing.
Page 7
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Manufactured home (mobile home) park. A parcel of land which has been developed for the
placement of more than one (1) manufactured home (mobile home).
Microbrewery. A business whose primary activity is the brewing and selling of beer, with an annual
production of ten thousand (10,000) barrels or less (one (1) barrel of beer yields two (2) common fifteen
and one -half -gallon kegs).
Mortuary. A place where deceased bodies are kept before burial or cremation.
Motel. See hotel.
Noncommercial neighborhood facility. A private, noncommercial facility primarily serving the
neighborhood in which it is located, such as a swimming pool, tennis court, playground, office for a
neighborhood or property owners association, or maintenance building.
Nonconforming use. Any building or land lawfully occupied by a use at the time of passage of this
ordinance or amendment thereto, which does not conform after the passage of this chapter or
amendment thereto with the use regulations of the district in which it is situated.
Nursing home. A facility providing full-time residential accommodations and professional health care
for three (3) or more elderly or infirm people. This term shall not include a hospital.
re rd Il�;��corded t illus; Il�;���,��idei o II::)eeds Off:iOf:ce o the cou�unty� I'u� whl : h the IIDi',"��Ipeifiy� I'� located
Office. A building or portion thereof used as a workplace primarily for business or administrative
purposes. This term shall not include any establishment primarily engaging in the handling of goods or
any of the following activities: recreation, entertainment, eating, drinking, boarding of people or animals,
or salon or spa services.
Open space. Any space on a lot unobstructed to the sky except for ordinary architectural projections,
such as cornices and eaves. This term shall not include any area covered by a building, deck, porch,
parking area, driveway, street, or any impervious surface, other than a sidewalk or trail.
Owner of record. The person, corporation or other legal entity listed as owner on the records of the
county recorder of deeds.
Parking lot. An open surfaced area used exclusively for the temporary storage of motor vehicles.
Permitted use. A use specifically listed as being allowed in a particular zoning district, or a
substantially similar use as determined by the city manager.
Personal service establishment. An establishment providing a service to a person, such as a barber
shop, hair salon, nail salon, beauty or health spa, laundering or dry cleaning business, Laundromat,
tailoring business, small appliance or personal device repair business, packaging or shipping business, or
other establishment of a similar nature. This term shall not include any establishment primarily engaging
in the sale or rental of goods, such as restaurants, bars, and retail and rental establishments.
Porch. A roofed structure attached to a building and open on two (2) or more sides. A screened -in
porch shall not be considered open.
Principal structure. The main or primary structure on a lot.
Principal use. The main or primary use on a lot.
Property I'ot or group o �,��nJgu�uou�us leis IhaV::ng illus; same ��C a ersi luP,lp
Rehabilitation. Returning structure to a state of usefulness by replacement and alteration designed to
encourage its continued usage while preserving exterior features of significant value. Examples include
reconstruction of a porch, or removal and replacement of windows and doors.
Renovation. Refurbishing a structure so it conforms to minimum standards of sanitation, fire, and life
safety, while preserving exterior features of significant value.
Repair. Any change that is not construction, removal or alteration.
Page 8
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Residential treatment facility. A facility providing full-time residential accommodations and
professional therapeutic care for people with substance abuse, mental illness, or other behavioral
problems.
Restaurant. An establishment where food and/or beverages are prepared and served directly to
customers for consumption on or off the premises.
Screening. A device or material used to conceal one (1) element of a development from other
elements or from adjacent or contiguous development. Screening may include one (1) or a combination of
the following materials of sufficient mass to be opaque or that shall become opaque after twelve (12)
months and which shall be maintained in an opaque condition: walls, berms, fences, or plantings.
Senior citizen. An individual over the age of sixty (60) years.
Shipping container Aug iu�iu�imi� oda ii-6:glht �;ontai :nei- or otlher I rge cont l':neem, I',u� t llud or I',un Ili ifi,
desnd manufactured
or the i minus lNe storage and tim u�spoifi o m teiiaP s and IlDrod'ucts across
different modes of tem nspoi-t t oin from SIluilp to email to truck .... Mtho ut uiNoa 'I'ing and im6 oadinq its cargo.
Significant properties. Ape geRer� hose whi et Structuresin����Jng the Secretary of the
Interior's standards for evaluating structures within registered historic districts. A structure contributing to
the historic significance of a site or district is one (1) that by location, design, setting, materials,
workmanship, feeling, and association adds to the site's or district's sense of time and place and historical
development. A structure not contributing to the historic significance of a site or district is one (1) that
detracts from the site's or district's sense of time and place and historical development; or one (1) where
the integrity of the original design or individual architectural features or spaces have been irretrievably
lost; or one (1) where physical deterioration or structural damage has made it not reasonably feasible to
rehabilitate the building. Ordinarily, structures built within the past fifty (50) years will not be considered
unless a strong justification concerning their historical or architectural merit is given or the historical
attributes of the district are considered to be less than fifty (50) years old.
Site, historic. Any area or location occupied as a residence or utilized by humans for a sufficient
length of time to construct features, or deposit a number of artifacts, or any place with evidence of past
human activity. Sites include, but are not limited to, occupation, location, work areas, evidence of farming
or hunting and gathering, burial remains, artifacts, and structures of all types.
Site plan. A drawing illustrating a proposed development and prepared in accordance with the
specifications outlined in chapter 25.
Special uses. A use of land authorized by permission granted pursuant to the procedure set out in
section 30-401 or a use not permitted in a particular zoning district unless certain conditions are met.
Stop work order. An order issued by the director of development services directing an owner,
occupant, contractor or subcontractor to halt an action for which a certificate of appropriateness is
required, and notifying the owner, occupant, contractor or subcontractor of the application process for a
certificate of appropriateness.
Story. That portion of a building included between the surface of any floor and the surface of the floor
next above it or, if there be no floor above it, then the space between the floor and the ceiling next above
it.
Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall
face not more than three (3) feet above the top floor level, and in which space not more than sixty (60)
percent of the floor area is finished off for use.
Street. All ppepei4y I'and dedicated for public or private street, highway, freeway or roadway purposes
or subject to public or private easement therefore.
Street, arterial. A street or road of considerable continuity which serves or is intended to serve as
principal trafficway between separate areas or districts and which is the main means of access to the
collector street system, highways, and expressways.
Page 9
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Street, collector. Streets, which in addition to servicing abutting properties, intercept local streets,
connect with community facilities and carry neighborhood traffic to the arterial street systems.
Street, line. A dividing line between a lot, tract, or parcel of land and contiguous street.
Street, local. A street designated to provide access to abutting property from collector and arterial
streets,
Street, private. A street which is privately owned and affords a primary means of access to abutting
property.
Street, public. A street dedicated to the public or held in fee simple title by the city which affords a
primary means of access to abutting property.
Street, width. The horizontal distance between the outside edges of a street's pavement, including
any curbing and guttering, measured at right angles to the street's centerline.
Structural alteration. Any change in the supporting members of a building, such as bearing walls or
partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
Structure. Anything constructed or erected, the use of which requires permanent location on or in the
ground or attached to something having permanent location on the ground, including, but without limiting
the generality of the foregoing: buildings, fences, gazebos, advertising signs, billboards, backstops for
tennis courts, radio and television antennae and towers and swimming pools.
Subdivision. The division of a parcel of land into two (2) or more lots, or other divisions of land.
Telecommunication tower. A structure designed and constructed for the support of one (1) or more
antennas for telephone, radio and similar communication purposes, including self-supporting lattice
towers, guyed towers, or monopole towers. The term includes radio, television and transmission towers,
microwave towers, common -carrier towers, cellular telephone towers, alternative tower structures, and
the like, either constructed from the ground or located on top of a building. The term shall exclude any
tower or antenna under seventy (70) feet in height and is owned and operated by a federally -licensed
amateur radio station operator or is used exclusively for receive only antennas. The height of the tower is
defined as the distance measured from the lowest point of the base of the tower structure to the highest
point on the tower, including the base pad when constructed from the ground and any antennas. The term
excludes supervisory control and data acquisition (SCADA) antennas installed and operated by units of
government.
Townhouse. A single-family dwelling constructed in a group of three (3) or more attached units in
which each unit extends from the foundation to the roof and has open space on at least two (2) sides.
Transit terminal. A station or similar facility serving as the terminus of a bus, rail, or other transit route
and having accommodations for the loading and unloading of passengers.
Transitional housing. A facility providing lodging to homeless people, with or without meals, for no
more than thirty (30) consecutive days.
Vehicle fueling facility. A facility dispensing gasoline, diesel, or other fuel to motor vehicles.
Vehicle service or repair facility. A facility equipping, lubricating, servicing or repairing motor vehicles,
including the installation of parts and accessories; the rebuilding, replacing and the installing of motors,
transmissions, drive trains, exhaust systems, upholstery, brakes, radiators, and similar components. This
term shall not include the dismantling or extended storage of wrecked vehicles, nor tire recapping, nor
vehicle body work or painting, nor the open storage of rental vehicles or trailers.
Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of
a structure from the ground upward, except as otherwise provided herein.
Yard, front. A yard extending across the front of a lot between the side lot lines, and being the
minimum horizontal distance between the street line and the main building or any projections thereof
other than the projection of the usual steps, unenclosed balconies, or open porches.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Yard, rear. A yard extending across the rear of a lot, measured between the side lot lines, and being
the minimum horizontal distance between the rear lot line and the rear of the main building or any
projections other than steps, unenclosed balconies or open porches. On corner lots the front line of the
rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both
corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front
yard.
Yard, side. A yard between the main building and the side line of the lot, and extending from the front
yard line to the rear yard line.
(Ord. No. 4852, art. 1, 5-16-16; Ord. No. 4926, art. 1, 12-19-16)
Editor's note— Ord. No. 4852, art. 1, adopted May 16, 2016, repealed the former § 30-105, and
enacted a new section as set out herein. The former § 30-105 pertained to similar subject matter
and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4184, art. 1, adopted
Dec. 20, 2010; and Ord. No. 4206, art. 2, adopted March 7, 2011.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-203. - Historic preservation commission.
(a) Composition. The Cape Girardeau Historic Preservation Commission shall consist of nine (9)
members, plus ex -officio members, all of whom shall be appointed by the city council. The council
shall make every effort to appoint persons with a demonstrated interest in the historical preservation
of the city. To the extent available, the Historic Preservation Commission shall include professional
members representing such disciplines as architecture, law, real estate, history or any other field
related to historic preservation.
(b) Reserved.
(c) Terms. Except as otherwise provided in section 2-98, the terms of office of the appointed members
of the historic preservation commission shall be for three (3) years, beginning on the seventeenth
day of April. All members' terms shall be staggered so that three (3) members' terms shall expire
each year. Vacancies shall be filled within sixty (60) days. A member may be appointed to a shorter
term, however, if necessary to accomplish the requirements of this paragraph.
(d) Officers, duties. The historic preservation commission shall meet annually during the month of May
to elect officers. All officers of the historic preservation commission shall be eligible for reelection.
The chairman shall preside over meetings. In the absence of the chairman, the vice-chairman shall
perform the duties of the chairman. If both are absent, a temporary chairman shall be elected by
those present. The officers shall assure that the following duties of the historic preservation
commission are performed:
(1) Preparation of minutes of each historic preservation commission meeting and hearing.
(2) Publication and distribution of copies of the minutes, reports and decisions of the historic
preservation commission to the members of the historic preservation commission.
(3) Provision of notice as required herein or by law for all public hearings conducted by the historic
preservation commission.
(4) Notification to the city clerk of vacancies on the historic preservation commission and expiring
terms of members.
(5) Preparation and submission to the city council of a complete record and votes of the
proceedings before the historic preservation commission on any matter requiring city council
consideration.
(e) Meetings. Meetings shall be held at regularly scheduled times to be established by resolution of the
historic preservation commission, but not less than monthly, at the beginning of each calendar year,
or at any time upon the call of the chairman:
(1) No member of the historic preservation commission shall vote on any matter which may
materially or apparently affect the property, income or business interest of that member.
(2) The historic preservation commission shall keep minutes of its proceedings, showing the vote,
indicating such fact, and shall be filed in the office of the historic preservation commission and
shall be a public record.
(f) Powers and duties. The historic preservation commission shall have the following powers and duties:
(1) To increase public awareness of the value of historic, architectural and cultural preservation by
developing and participating in public information programs and by recommending the update of
the preservation program.
(2) To initiate and- r and n ei4y and, „r n oi4,os ma[ke iecommenda Poins for proposed
designations as landmark and/or historic districts and to review and comment on proposed
designations.
(3) To review applications for construction, alteration, or reconstruction for landmarks, or structures
within a historic district.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(4) To review proposed changes in buildings, structures, street furniture, city parks, civic areas,
public facilities or environmental features of a landmark or within a historic district.
(5) To review applications for demolition permits, proposed zoning amendments or applications for
zoning variances, for a landmark or within a historic district.
(6) May review applications for special use permits, proposed zoning amendments, or applications
for zoning variances, for a landmark or within a historic district, and to make recommendations
concerning such requests to the dity cound; , planning and zoning commission or board of
adjustment as indicated by the nature of the request.
(7) To initiate from time to time a comprehensive review of the provisions of this article or any part
thereof.
(8) To disseminate to owners or occupants of landmarks or within historic districts, or to the general
public information concerning the preservation of landmarks or historic districts.
(9) The historic preservation commission may support the nomination to the national register of
historic places, local landmarks, and districts which the commission members believe meet the
standards herein set forth and have contributed to the history, architecture and culture of the
city.
(10) To initiate, develop and supervise surveys, to identify historically and architecturally significant
properties, structures, and areas that exemplify the cultural, social, economic, political, or
architectural history of the nation, state or city.
(11) The historic preservation commission may recommend the city apply for, receive, or expend any
federal, state or private grant, grant-in-aid, or bequest, in furtherance of the general purpose of
this article.
(12) To recommend grants, tax incentives, and benefits to encourage redevelopment of historically
significant structures.
(g) Surveys and research. The historic preservation commission shall establish and maintain a survey
and inventory of historic properties in accordance with standards and guidelines established by the
Secretary of the Interior's "Standards and Guidelines for Historic Preservation". The survey will be
compatible with Missouri's statewide historical preservation comprehensive planning process. In
establishing the foregoing information, the historic preservation commission shall place particular
emphasis upon evaluating and incorporating the findings of studies and surveys already completed.
(h) Review of public improvement projects. Public improvements by the city or any of its departments or
agencies may be reviewed by the historic preservation commission in the following manner:
(1) The historic preservation commission may review and comment upon any capital improvement
project proposed by the city or any of its agencies or departments within any historic district, on
the site of or within one hundred eighty-five (185) feet of any landmark, or within one hundred
eighty-five (185) feet of any historic district. The historic preservation commission shall have
thirty (30) days to complete its review and report to the director of development services. The
division of planning services, if necessary to accelerate the design review process, may specify
a time less than thirty (30) days within which the historic preservation commission shall
complete its review and report. The report by the historic preservation commission shall include
any recommendations for changes to the preliminary design that will lessen or alleviate any
adverse effect of the proposed project upon the historic or architectural character of the
landmark or historic district. The commission's report along with responses shall be presented
with the public improvement plans to the council for approval.
(2) The historic preservation commission may review and make recommendations upon any
acquisition by the City or any of its agencies or departments of any designated landmark or of
any building within a historic district. The city council or the division of planning services may, at
the earliest possible date that will not interfere with acquisition negotiations, send the historic
preservation commission information concerning the location, size, current use, and proposed
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
use of the land or building to be acquired, and specify the date by which the historic
preservation commission shall report to the city council.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4440, art. 1, 2-19-13)
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-310. - AG, Agricultural District.
(a) Purpose. The purpose of the AG (agricultural) district is to preserve, in agricultural uses, lands suited
to future urban development pending proper timing and economical provision of public utilities and
community facilities to ensure compact and orderly land use development. This district is intended
for land of ten (10) acres or more. The subdivision of land for the purpose of converting agricultural
or other undeveloped land to residential use, is not permitted in the AG district.
(b) Permitted y. rincipal uses.
(1) Farming, pastureland and agriculture, except commercial feedlots, stockyards and confinement
operations.
(2) Orchards.
(3) Keeping or raising of large or small animals or poultry, including structures for storage and
processing, and including accessory structures where animals are kept, shall be two hundred
(200) feet from the property line. Commercial slaughtering business is not allowed.
(4) Single-family detached dwellings, not to exceed four (4) dwellings per farm.
(5) Police and fire stations.
(6) Bed and breakfasts.
(7) Golf courses and driving ranges; this shall not include separate miniature golf courses and other
similar activities operated as a business.
(8) Nurseries and greenhouses; for growing, propagation or sale of plants, turf, trees and shrubs.
(9) Veterinarian facilities, provided that all buildings, structures, pens or open kennels shall be
located at least two hundred (200) feet from any lot line.
(10) Riding stables, provided that any building for keeping of animals shall be located at least two
hundred (200) feet from any lot line.
(11) Wineries.
(12) Public parks, playgrounds and recreational facilities.
(13) Dog kennels, commercial or noncommercial; provided any commercial open pens, runs, cages,
or kennels shall be located at least two hundred (200) feet from any lot line.
(c) Permitted rip, uses
(1) Private garages, carports and accessory � structures, IlDim��Vl' ed that any accessory
structures used for the Ikeepng o nma� 's shau l Il -)e located at Ieast two hundred (200) feet from
any lot 41'ne
L GA_tP_ d A -f l000f UVA H, n.dred (200) foo+ fpem „ 19t lmpe
�34 O Agricultural product storage.
04 (3) Roadside stands for sale of agricultural products.
�54 (4) Home occupations, as permitted in section 30-405, supplemental regulations, but not
including typical farming operations.
�64 (5) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as
permitted in section 30-408, supplemental regulations.
q4 (6) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(i) Shoifi term use o sIfllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30 402,
supplementap i egu4 tl:ons
Page 15
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(d) Special uses.
(1) Commercial day care facilities.
(2) Manufactured home, for the purpose of agricultural related residence.
(3) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations.
(4) Cemeteries on a minimum of ten (10) acres of land.
(5) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(6) Shoifi term use o sI flp�J:':ng �;ontai :':ners or IlDimP,u��:, pal u�uses, s IIDeri,Ntted I'u� sec J'on 30...402,
supplementap regal tl:ons
(i) l ong term use of sIfllppl :':ng contai :':ners for accessoryuses, as IIDeri,Ntted An secJ'on 30...402,
supplementap i eguq tl:ons
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Forty (40) feet.
(2) Minimum District Size: Ten (10) acres.
(3) Maximum Density: One (1) unit per five (5) acres.
(4) Minimum Lot Width: Two hundred (200) feet at building setback line.
(5) Minimum Lot Area: Five (5) acres for each single-family detached dwelling; no subdivision is
required for such lots.
(6) Minimum Yard Requirements:
a. Front yard: Sixty (60) feet.
b. Rear yard: Fifty (50) feet.
c. Side yard: Fifty (50) feet.
(f) Prohibited uses.
(1) Single-family subdivision.
(Ord. No. 4109, art. 2, 3-1-10)
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-311. - AG -1, exclusive agricultural district.
(a) Purpose. The purpose of the AG -1 district is to provide for agricultural activities, and to provide for
untimely scattering of more dense urban uses, which should be confined to areas planned for
efficient extension of public services. The district is established to preserve, in agricultural uses,
lands suited for future urban development pending proper timing and economical provision of public
utilities and community facilities to ensure compact and orderly land use development. The
subdivision of land for the purpose of converting agricultural or other undeveloped land to residential
use, where the opening of new streets or roadways is contemplated to accomplish this purpose, is
not permitted in an AG -1 district. The subdivision of land for a purpose that relates to a use provided
for in the AG -1 district may be allowed. Change of zoning from AG -1 to any other zoning district shall
be accompanied by a site plan for development and be subject to provisions of the Code of
Ordinances of the City of Cape Girardeau.
(b) Permitted principal uses.
(1) Farming, pastureland and agriculture, except animal feeding operations (AFO) and
concentrated animal feeding operations, (CAFO), feedlots, stockyards and confinement
operations.
(2) Orchards.
(3) Keeping or raising of large or small animals or poultry, including structures for storage and
processing, and including accessory structures where animals are kept. High volume wholesale
commercial slaughtering business is not allowed.
(4) Single-family detached dwellings, not to exceed four (4) dwellings per farm, which includes
manufactured homes.
(5) Police and fire stations.
(6) Bed and breakfasts.
(7) Golf courses and driving ranges; this shall not include separate miniature golf courses and other
similar activities operated as a business.
(8) Nurseries and greenhouses; for growing, propagation or sale of plants, turf, trees and shrubs.
(9) Veterinarian facilities.
(10) Riding stables.
(11) Wineries.
(12) Public parks, playgrounds and recreational facilities.
(13) Dog kennels, commercial or noncommercial; provided any commercial open pens, runs, cages,
or kennels shall be located at least two hundred (200) feet from any lot line.
(c) Permitted rip, uses
(1) Private garages, carports and accessory b6lildiRgS. structures, IlDimoVl' ed that any accessory
structures used for the Ikeepng o nma� 's shau l Il e located at Ieast two hundred (200) feet from
any lot 41'ne
L GA_tP_ d A -f l000f UVA H, n.dred (200) foo+ fpem a , 19t 10Ro
�34 O Agricultural product storage.
04 (3) Roadside stands for sale of agricultural products.
�54 (4) Home occupations, so long as they do not create nuisance, hazardous or dangerous
conditions on the property, to adjoining landowners, or impact public health and welfare.
Page 17
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
�64 O Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as
permitted in section 30-408, supplemental regulations.
q4 (6) Solar energy systems, as permitted in section 30-410, supplemental regulations.
�94 (.7) Timber harvest.
�94 (8) Hunting pursuant to Missouri Department of Conservation guidelines.
(9) Shoifi term use of sI fllppl :':ng contai :':ners for accessoryuses, as IIDeri,Ntted I'un sectl'on 30...402,
supplementap i eguq tlions
(d) Special uses.
(1) Commercial day care facilities.
(2) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations.
(3) Cemeteries on a minimum of ten (10) acres of land.
(4) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
() Shoifi term use o sIflp�J:':ng �;ontai :':ners or IlDimP,u��:,pal u�uses, s IIDeri,Ntted I'u� secJ'on 30...402,
supplementap regal tl:ons
(6) l ong term use of sI fllppl :':ng contai :':ners for accessoryuses, as IIDermi :tted I'un secJon 30...402,
supplementap i eguq tl:ons
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Forty (40) feet.
(2) Minimum District Size: Twenty-five (25) acres.
(3) Maximum Density: One (1) unit per five (5) acres.
(4) Minimum Lot Width: Two hundred (200) feet at building setback line.
(5) Minimum Lot Area: Ten (10) acres for each single-family detached dwelling; no subdivision is
required for such lots.
(6) Minimum Yard Requirements: None
(f) Prohibited uses.
(1) Single-family subdivision.
(Ord. No. 4109, art. 2, 3-1-10)
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-321. - RE, rural estate single-family district.
(a) Purpose. This district is intended to promote and preserve "estate" single-family residential
development, which is defined as being larger lot sizes with a minimum one and one-half (1'/2) acres
per lot.
(b) Permitted principal uses.
(1) Single-family detached dwelling with only one (1) dwelling per lot.
(2) Hobby farms; with cattle and horse(s) or other farm related animals, allowed on a five (5) acre
lot, with one (1) allowed animal per every acre of grazing.
(3) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(4) Public parks, playgrounds, and recreational facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or development centers for elementary and middle school age
children with handicaps or development disabilities, on a minimum of five (5) acres.
(7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices operated by a neighborhood or community organization or
a property owners association.
(8) Golf courses; this shall not include separate miniature golf courses, driving ranges and other
similar activities operated as a business.
(c) Permitted rip, uses
(1) Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period,
as permitted in section 30-408, supplemental regulations.
(2) Private garages, carports and accessory '„ "' structures, as permitted in section 30-403,
supplemental regulations.
(3) Guest house, as permitted in section 30-412, supplemental regulations.
(4) In home elderly care, with a maximum of three (3) persons, as permitted in section 30-411,
supplemental regulations.
(5) Home occupations, as permitted in section 30-405, supplemental regulations.
(6) Solar energy systems, as permitted in section 40-410, supplemental regulations.
(i) Shoifi term use o sIfllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30 402,
supplementap i egu3 tl:ons
(d) Special uses.
(1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as
permitted in section 30-408, supplemental regulations.
(2) Cemeteries, on a minimum of ten (10) acres of land.
(3) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(4) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
() Shoifi term use o sIflp�J:':ng �;ontai :':ners or IlDiin�:�pal u�uses, s IIDeri,Ntt d I'u� secJ'on 30402,
supplementap regal tl:ons
(6) I ong term use of sI fllppl :':ng contai :':ners for accessoryuses, as IIDermi aped I'un secJon 30 402,
supplementap i egu3 tl:ons
Page 19
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(e) Parking requirements. Off-street parking and loading spaces shall be provided in accordance with
the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of
trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand
(24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(f) Height, area, bulk, and setback regulations.
(1) Maximum Height: Two and one-half (2'/2) stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: One and one-half (1'/2) acre lots.
(3) Maximum Density: One (1) unit per one and one-half (1'/2) acres. Higher densities may be
approved with a cluster subdivision, as permitted in chapter 25 of the City Code.
(4) Minimum Lot Width: Two hundred (200) feet.
(5) Minimum Yard Requirements:
a. Front yard: Fifty (50) feet.
b. Rear yard: Fifty (50) feet.
c. Side yard: Twenty-five (25) feet.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, art. 7, 3-7-11)
Page 20
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-322. - R-1, single-family suburban residential district.
(a) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum
density of four (4) units per acre. It is designed to provide for quality single-family residential
neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles,
designs and development. Certain other structures and uses necessary to serve the area are
allowed as permitted uses or through the approval of a special use permit, subject to restrictions
intended to preserve and protect the single-family residential character of the district.
(b) Permitted principal uses.
(1) Single-family detached dwelling, with only one (1) dwelling per lot.
(2) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(3) Golf courses; this shall not include separate miniature golf courses, driving ranges and other
similar activities operated as a business.
(4) Public parks, playgrounds, and recreational facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or development centers for elementary and middle school age
children with handicaps or development disabilities, on a minimum of five (5) acres of land.
(7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of property owners associations and maintenance facilities
operated by a neighborhood or community organization or a property owners association.
(8) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no
more than two (2) additional persons acting as house parents or guardians who need not be
related to each other or to any of the handicapped persons 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 seventy (370) feet to any other
such home.
(9) A private residence licensed 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 safety codes are met and an occupancy permit issued therefor.
(c) Permitted rip, uses
(1) Private garages, carports and accessory b6liidiRgs structures, as permitted in section 30-403,
supplemental regulations.
(2) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411,
supplemental regulations.
(3) Home occupations, as permitted in section 30-405, supplemental regulations.
(4) Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period
as permitted in section 30-408, supplemental regulations.
(5) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(6) Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntted I'u� sectl'on 30 402,
supplementap i eguq tlions
(d) Special uses.
Page 21
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as
permitted in section 30-408, supplemental regulations.
(2) Libraries, on a minimum of two (2) acres of land.
(3) Cemeteries, on a minimum of ten (10) acres of land.
(4) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(6) l ong term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30...402,
supplementap i ruin atli ns
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Two and one-half (2'/2) stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Ten thousand (10,000) square feet.
(3) Maximum Density: Four (4) units per one (1) acre. Higher densities may be approved with a
cluster subdivision, as permitted in chapter 25 of the City Code.
(4) Minimum Lot Width: Eighty (80) feet.
(5) Minimum Yard Requirements:
a. Front yard: Thirty (30) feet.
b. Rear yard: Twenty-five (25) feet.
c. Side yard: Six (6) feet.
(f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks
or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000)
pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, art. 7, 3-7-11)
Page 22
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-323. - R-2, single-family urban residential district.
(a) Purpose. The R-2, single-family urban residential district is to provide for quality residential
neighborhoods that are compact and walkable, to provide public gathering spaces, and to encourage
a mix of residential designs, styles and sizes, thus creating a unique, yet cohesive neighborhood. It
is also intended to conserve the residential character of existing neighborhoods in the downtown and
existing areas of the city. It is designed to promote the preservation and maintenance of older single-
family dwellings, while also allowing a variety of uses and density as was originally intended within
the downtown area and other earlier developments within the city. It is to provide a full range of
single-family housing choices and to promote a sense of community, urban vitality, and the efficient
provision of infrastructure.
(b) Permitted principal uses.
(1) Single-family detached dwelling, with only one (1) dwelling per lot.
(2) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(3) Golf courses; this shall not include separate miniature golf courses, driving ranges and other
similar activities operated as a business.
(4) Public parks, playgrounds, and recreational facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or development centers for elementary and middle school age
children with handicaps or development disabilities, on a minimum of five (5) acres of land.
(7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of property owners associations and maintenance facilities
operated by a neighborhood or community organization or a property owners association.
(8) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no
more than two (2) additional persons acting as house parents or guardians who need not be
related to each other or to any of the handicapped persons 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 seventy (370) feet to any other
such home.
(9) A private residence licensed 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 safety codes are met and an occupancy permit issued therefor.
(c) Permitted rip, uses
(1) Private garages, carports and accessory b6liidiRgs structures, as permitted in section 30-403,
supplemental regulations.
(2) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411,
supplemental regulations.
(3) Home occupations, as permitted in section 30-405, supplemental regulations.
(4) Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period
as permitted in section 30-408, supplemental regulations.
(5) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(6) Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IID��rmi :tted I'u� sectl'on 30 402,
supplementap i eguq tlions
Page 23
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(d) Special uses.
(1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as
permitted in section 30-408, supplemental regulations.
(2) Libraries, on a minimum of two (2) acres of land.
(3) Cemeteries, on a minimum of ten (10) acres of land.
(4) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(5) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(6) l ong term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30...402,
su�ll�ll�l��i�nentap i egu�I pP,ons
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Two and one-half (2'/2) stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Eight thousand (8,000) square feet.
(3) Maximum Density: Five (5) units per one (1) acre. Higher densities may be approved with a
cluster subdivision, as permitted in chapter 25 of the City Code.
(4) Minimum Lot Width: Sixty (60) feet.
(5) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
c. Side yard: Five (5) feet.
(f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks
or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000)
pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, art. 7, 3-7-11)
Page 24
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-324. - R-3, high density single-family residential district.
(a) Purpose. This district is intended to accommodate single-family, two-family and townhouse
residential developments at maximum densities of up to nine (9) units per acre. This district will serve
as a transition between lower density and higher density residential districts. Certain other structures
and uses necessary to serve the area are allowed as permitted uses or through the approval of a
special use permit, subject to restrictions intended to preserve and protect the residential character
of this district.
(b) Permitted principal uses.
(1) Single-family detached dwellings, with only one (1) dwelling per lot.
(2) Duplexes, two-family dwelling units.
(3) Townhouses.
(4) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(5) Public parks, playgrounds, and recreational facilities.
(6) Police and fire stations.
(7) Elementary and middle schools, or development centers for elementary and middle school age
children with handicaps or development disabilities, on a minimum of five (5) acres of land.
(8) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of property owners associations and maintenance facilities
operated by a neighborhood or community organization or a property owners association.
(9) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no
more than two (2) additional persons acting as house parents or guardians who need not be
related to each other or to any of the handicapped persons 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 seventy (370) feet to any other
such home.
(10) A private residence licensed 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 safety codes are met and an occupancy permit issued therefor.
(c) Permitted rip, uses
(1) Private garages, carports and accessory b6liidiRgs structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section 30-405, supplemental regulations.
(3) Home day cares, with no more than (4) unrelated children in a twenty-four (24) hour period as
permitted in section 30-408, supplemental regulations.
(4) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411,
supplemental regulations.
(5) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(6) Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntted I'u� sectl'on 30 402,
supplementap i egu3 tlions
(d) Special uses.
Page 25
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(1) Home day cares, with five (5) or more unrelated children, as permitted in section 30-408,
supplemental regulations.
(2) Bed and breakfasts.
(3) Cemeteries, on a minimum of ten (10) acres of land.
(4) Transitional housing.
(5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(6) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(i) l ong term use o sI fllppl :':ng �;ontai :':ners gni ccessor uses, n IIDerrni:tted I'u� sec J'on 30 402,
nnpplementap regal tlionn.
(e) Height, area, bulk and setback requirements.
(1) Maximum Height:
a. When side yards are less than fifteen (15) feet in width, two and one-half (2'/2) stories not
to exceed thirty-five (35) feet.
b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed
forty-five (45) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate platted lot consisting of at least one thousand four
hundred (1,400) square feet.
b. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit.
c. Single-family, five thousand (5,000) square feet.
(3) Maximum Density: Nine (9) units per one (1) acre. Higher densities may be approved with a
cluster subdivision as permitted in chapter 25 of the City Code.
(4) Minimum Lot Width:
a. Townhouses and duplexes: Twenty (20) feet.
b. All other uses: Thirty (30) feet.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty (20) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty (20) feet.
c. Side yard:
1. Townhouses and duplexes: None.
2. All other uses: Three (3) feet.
(f) Open space, landscaping and bufferyard requirements. For any nonresidential uses:
(1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including
required yard and buffer yards.
Page 26
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(2) Landscaping, shall be provided as required in chapter 25 of the City Code.
(3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1,
or R-2 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the
City Code.
(g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks
or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000)
pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 7, 9, 10, 3-7-
11)
Page 27
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-325. - R-4, medium density multifamily residential district.
(a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a
maximum density of eighteen (18) units per one (1) acre. Single-family detached and two-family
(duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain
such uses or are not large enough to be developed for multifamily dwellings. It is not intended for
new single-family detached or two-family subdivisions, which are prohibited.
(b) Permitted principal uses.
(1) Single-family detached dwellings, with only one (1) dwelling per lot, and excluding new single-
family detached subdivisions.
(2) Two-family (duplex) dwellings, excluding new two-family subdivisions.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted elsewhere in the City Code.
(6) Nursing homes, senior citizen housing and retirement homes.
(7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or
outdoor recreational facilities, offices of property owners associations and maintenance facilities
operated by a neighborhood or community organization or a property owners association.
(8) Public parks, playgrounds, and recreational facilities.
(9) Police and fire stations.
(10) Elementary, middle and secondary schools, and development centers for elementary, middle
and secondary school age children with physical, mental or developmental disabilities.
(11) Commercial day cares.
(c) Permitted . accessory uses.
(1) Private garages, carports and accessory b6liidiRgs structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section 30-405, supplemental regulations.
(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(4) Shoifi term use o sl flppl :':ng �;ontai :':ners gni ccessor uses, n IIDeri,Ntted I'u� sectl'on 30
nnpplementap i egu4 tl:onn.
(d) Special uses.
(1) Bed and breakfasts.
(2) Cemeteries, on a minimum of ten (10) acres of land.
(3) Transitional housing.
(4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations.
(5) Residential treatment facilities.
(6) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(i) I ong term use o slflppl :':ng �;ontai :':ners gni ccessor uses, n IIDerrnitted I'u� secJ'on 30 402,
supplemental regal tl:onn.
(e) Height, area, bulk and setback regulations.
Page 28
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(1) Maximum height: Five (5) stories not to exceed sixty (60) feet.
(2) Minimum lot area:
a. Each townhouse must be on a separate platted lot consisting of at least one thousand four
hundred (1,400) square feet.
b. All other uses: Three thousand seven hundred fifty (3,750) square feet.
(3) Maximum density: Eighteen (18) units per one (1) acre. Higher densities may be approved with
a cluster subdivision, as permitted elsewhere in the City Code.
(4) Minimum lot width:
a. Each townhouse: Twenty (20) feet.
b. All other uses: None.
(5) Minimum yard requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty-five (25) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty-five (25) feet.
c. Side yard:
1. Each townhouse: None.
2. All other uses: Five (5) feet.
(6) Maximum building coverage, including accessory buildings: Fifty (50) percent of the lot for all
uses except townhouses.
(7) Open space requirements. For any multifamily residential uses or nonresidential uses, a
minimum of twenty (20) percent of the total lot area shall be devoted to open space, including
required yards and bufferyards.
(Ord. No. 4760, art. 1, 9-14-15)
Editor's note— Ord. No. 4760, art. 1, adopted Sept. 14, 2015, repealed the former § 30-325, and
enacted a new section as set out herein. The former § 30-325 pertained to similar subject matter
and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted
Aug. 16, 2010; and Ord. No. 4206, arts. 7, 11, adopted March 7, 2011.
Page 29
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-326. - R-5, high density multifamily residential district.
(a) Purpose. This district is intended to accommodate multifamily developments at maximum densities
of up to thirty (30) units per acre. This district is intended for high density, multifamily development
consistent with high intensity use areas. This district is intended for areas that have access for
vehicular traffic from collector or arterial streets without traversing minor streets in adjoining
residential neighborhoods. New single-family dwellings are not permitted in order to ensure that
vacant land set aside for multifamily development is not preempted by less intensive development.
(b) Permitted principal uses.
(1) Multifamily dwellings.
(2) Townhouses.
(3) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(4) Commercial day cares.
(5) Police and fire stations.
(6) Public parks, playgrounds and recreational facilities.
(7) Elementary, middle and secondary schools, or development centers for elementary, middle and
secondary school age children with handicaps or development disabilities, on a minimum of five
(5) acres of land.
(8) Nursing homes, senior citizen housing or retirement homes.
(c) Permitted . accessory uses.
(1) Private garages, carports and accessory b6liidiRgs structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section 30-405, supplemental regulations.
(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(4) Shoifi term use o sl flppl :':ng �;ontai :':ners gni ccessor uses, n IIDeri,Ntted I'u� sectl'on 30
nnpplementap i egu4 tlionn.
(d) Special uses.
(1) Bed and breakfasts.
(2) Cemeteries, on a minimum of ten (10) acres of land.
(3) Transitional housing.
(4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations.
(5) Residential treatment facilities.
(6) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(i) I ong term use o slflppl :':ng �;ontai :':ners gni ccessor uses, n IIDerrnitted I'u� sectl'on 30 402,
nnpplementap regal tlionn.
(e) Height, area, bulk and setback regulations.
(1) Maximum Height: Five (5) stories not to exceed sixty (60) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate platted lot consisting of at least one thousand four
hundred (1,400) square feet.
Page 30
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
b. All other uses: Three thousand seven hundred fifty (3,750) square feet.
(3) Maximum Density: Thirty (30) units per one (1) acre. Higher densities may be approved with a
cluster subdivision, as permitted by chapter 25 of the City Code.
(4) Minimum Lot Width:
a. Each townhouse: Twenty (20) feet.
b. All other uses: None.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty-five (25) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty-five (25) feet.
c. Side yard:
1. Each townhouse: None.
2. All other uses: Five (5) feet.
(6) Maximum Building Coverage, including accessory building: Fifty (50) percent of the lot for all
uses except townhouses.
(f) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or
nonresidential uses:
(1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including
required yard and bufferyards.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1,
R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of
the City Code.
(g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks
or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000)
pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 7, 12, 3-7-11)
Page 31
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-327. - RUMD, residential urban mixed density district.
(a) Purpose. This district is intended to provide for moderate density residential development with a
mixture of housing styles and densities with a maximum twelve (12) units per acre. These
developments are characterized by single-family dwellings along with low to medium density
multifamily residential structures; such as duplexes, townhouses or multifamily areas. It provides
regulation to encourage innovative forms of housing development. It adapts to both established and
developing neighborhoods, as well as being a transition between single-family and multifamily areas.
It intends to provide for the stability of the existing residential development located in the areas of the
city, while accommodating a range of compatible residential densities. This district should be located
convenient to commercial uses and employment centers.
(b) Permitted principal uses.
(1) Single-family detached dwellings.
(2) Duplexes, two-family dwelling units.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(6) Noncommercial, not-for-profit residential neighborhood facilities, including indoor and outdoor
recreational facilities, community centers, offices of property owners associations and
maintenance facilities operated by a neighborhood or community organization or a property
owners association.
(7) Public parks, playgrounds and recreational facilities.
(8) Police and fire stations.
(9) Elementary and middle schools or development centers for elementary and middle school age
children with handicaps or development disabilities, on a minimum of five (5) acres of land.
(10) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no
more than two (2) additional persons acting as house parents or guardians who need not be
related to each other or to any of the handicapped persons 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 seventy (370) feet to any other
such home.
(11) A private resident licensed 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 safety codes are met and an occupancy permit is issued therefor.
(c) Permitted rip, uses
(1) Private garages, carports and accessory b6liidiRgs structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section 30-405, supplemental regulations.
(3) Home day cares, with no more than (4) unrelated children in a twenty-four (24) hour period, as
permitted in section 30-408, supplemental regulations.
(4) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411,
supplemental regulations.
(5) Solar energy systems, as permitted in section 30-410, supplemental regulations.
Page 32
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(6) SIhoil term use o sI fllppl :':ng �;� nta� :':ners o ccessor uses, n IlDeri,Ntt d I'u� sectl'on 30...402,
supplel"nentap . I eguatli ns
(d) Special uses.
(1) Personal service establishments including, but not limited to, beauty parlors, barber shops, dry
cleaning and laundry pick-up, shoe repair, self-service Laundromats, express or mailing offices.
(2) Retail establishments which supply convenience and specialized goods and services, including,
but not limited to, groceries, bakery, package liquor, books, candy, dairy products, drugs,
flowers, gifts, jewelry, hobby materials, meat, fish and poultry, news stands, wearing apparel,
shoes, clothing, toys, pipe and tobacco and video rental.
(3) Restaurants and bars, excluding drive-in, pick-up, or drive-thru facilities.
(4) Pet grooming with sales of pet grooming products. The following are prohibited: overnight pet
stays, the sale or breeding of pets, and kennels.
(5) Offices.
(6) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(i) l ong term use o sIfllppl :':ng �;� nta� :':ners o ccessor uses, n IIDerrnitted I'u� n���;iPon 30 402,
nupplel"nentap reguatlinnn.
(e) Standards.
O rtnxrvTcraaiTCri! ' rorvre, pcisvRurvc.pv-'rvecsrc'mrio,,,rp�c-Rr-vF vrrrcF permitted �r' ' sc co " 7"I " 7"I u., "6 a" '..
,-)06ng footpIint shall have a gross floor area greater than three thousand five hundred (3,500)
square feet.
(2) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters
shall be located at the rear of the building and properly screened as required in chapter 25 of
the City Code.
(3) All structures in this district shall be constructed using materials, surfaces, textures, and colors
that are compatible with the surrounding residential development. Consideration shall also be
given to the scale, orientation and proportion of surrounding development. Design review shall
be performed as part of the site plan review.
(4) Lighting shall be designed to be directed away from any adjacent residential area.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height:
a. When side yards are less than fifteen (15) feet in width, two and one-half (2'/2) stories not
to exceed thirty-five (35) feet.
b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed
forty-five (45) feet.
(2) Minimum Lot Area:
a. Each townhouse must be on a separate platted lot consisting of at least one thousand four
hundred (1,400) square feet.
b. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit.
c. Single-family, five thousand (5,000) square feet.
d. Multifamily, three thousand seven hundred fifty (3,750) square feet.
(3) Maximum Density: Twelve (12) units per one (1) acre. Higher densities may be approved with a
cluster subdivision as permitted in chapter 25 of the City Code.
Page 33
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(4) Minimum Lot Width:
a. Each townhouse: Twenty (20) feet.
b. Each duplex: Twenty (20) feet.
c. All other uses: Thirty (30) feet.
(5) Minimum Yard Requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty (20) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty (20) feet.
c. Side yard:
1. Each townhouse: None.
2. All other uses: Three (3) feet.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including
required yard and bufferyards.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE,
R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter
25 of the City Code.
(h) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks
or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000)
pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 7, 13, 14, 3-7-
11)
Page 34
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-328. - RMH, residential manufactured home district.
(a) Purpose. The residential manufactured home district [RMH] is established to provide for the
placement of manufactured homes in manufactured housing communities, at maximum residential
densities of eight (8) units per acre. It is intended that such manufactured housing communities shall
be so located, designed and improved as to provide: a desirable residential environment, protection
from potentially adverse neighboring influences, protection for adjacent residential properties,
principal access for vehicular traffic to collector or arterial streets, and accessibility to public facilities,
places of employment and facilities for meeting commercial and service needs not met within the
manufactured housing community. Certain other residential and supporting uses are also allowed in
such district.
(b) Permitted principal uses.
(1) Manufactured homes, including mobile homes, on subdivided individual building lots, with only
one (1) home per lot.
(2) Manufactured homes on rented lots.
(3) Police and fire stations.
(4) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of property owners associations and maintenance facilities
operated by a neighborhood or community organization or a property owners association.
(c) Permitted . accessoryuses.
(1) Private garages, carports and accessory b6liidiRgs structures, as permitted in section 30-403,
supplemental regulations.
(2) One (1) single-family detached dwelling per each manufactured housing community.
(3) Home day cares, with not more than four (4) unrelated children, as permitted in section 30-408,
supplemental regulations.
(4) Home occupations, as permitted in section 30-405, supplemental regulations.
(5) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(6) Shoifi term use o sl flppl :':ng �;ontai :':ners gni ccessor uses, n IIDeri,Ntted I'u� sectl'on 30 402,
nnpplementap i eguq tlionn.
(d) Special uses.
(1) Additional single-family detached dwellings.
(2) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(3) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(4) l ong term use o sl flppl :':ng �;ontai :':ners gni ccessor uses, n IIDerrnitted I'u� sec J'on 30 402,
nnpplementap regal tlionn.
(e) Height, area, bulk and setback requirements on subdivided individual lots.
(1) Maximum Height: Two and one-half (2'/2) stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Five thousand (5,000) square feet.
(3) Minimum District Size: Ten (10) acres.
(4) Maximum Density: Eight (8) units per acre.
(5) Minimum Lot Width: Forty-five (45) feet.
(6) Minimum Lot Depth: Seventy-five (75) feet.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(7) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty (20) feet.
c. Side yard: Five (5) feet.
(8) Maximum Building Coverage, including accessory building: Forty (40) percent.
(9) Minimum Open Space: Twenty-five (25) percent of the total lot area shall be devoted to open
space, including required yards and bufferyards.
(f) Height, area, bulk and setback requirements in manufactured housing development (mobile home
park).
(1) Maximum Height: Two and one-half (2'/2) stories not to exceed thirty-five (35) feet.
(2) Minimum Lot Area: Three thousand four hundred (3,400) square feet.
(3) Minimum District Size: Ten (10) acres.
(4) Maximum Density: Eight (8) units per acre.
(5) Minimum Lot Width: Forty-five (45) feet.
(6) Minimum Lot Depth: Seventy-five (75) feet.
(7) Maximum Building Coverage, including accessory building: Forty (40) percent.
(g) Design requirements.
(1) Subdivided lots and rented lots in a mobile home park.
a. A site plan meeting the requirements of chapter 25 of the City Code shall be submitted and
approved.
1. There shall not be less than fifteen (15) feet between manufactured homes or any
other buildings, other than accessory structures.
2. Any improvements necessary on the lot for the support or anchoring of the
manufactured home shall be provided prior to occupancy.
b. The manufactured home shall be in compliance with Federal Manufactured Home
Construction and Safety Standards, adopted June 15, 1976, as amended, and Missouri
Public Service Commission rules.
c. A minimum of twenty-four (24) inches of crawl space under the entire manufactured home
shall be maintained.
d. The unit shall be served by water, sewage disposal system, and electrical service in
accordance with the International Plumbing Code and National Electric Code.
e. Storage of maintenance or other equipment incidental to a permitted or special use shall
be screened from view in accordance with chapter 25 of the City Code.
f. Accessory buildings and structures shall meet the requirements of section 30-403,
supplemental regulations.
(2) Subdivided lots, only.
a. Manufactured homes on individual subdivided lots shall be permanently installed on a
properly designed, enclosed foundation in accordance with the International Building Code
(IBC). All wheels, springs, axles, lights and towing apparatus shall be removed.
b. Permanent steps on subdivided lots shall be set at all external exits with appropriate hand
rails and/or guard rails.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
c. Parking spaces for each manufactured home shall be provided on each lot, as per chapter
25 of the City Code.
(3) Rented lots in a mobile home park, only.
a. Skirting shall be placed around manufactured homes that are not placed on a permanent
foundation. Such skirting shall be similar in appearance to materials used for the siding of
the manufactured home to which it is to be attached.
b. Refuse storage shall be screened from view in accordance with chapter 25 of the City
Code.
c. Two (2) parking spaces for each manufactured home shall be provided on each lot;
however, one (1) of these two (2) required parking spaces may be located within one
hundred (100) feet of the lot served.
(h) Open space, landscaping and bufferyard requirements.
(1) A minimum of twenty-five (25) percent of the total lot area shall be devoted to open space,
including required yard and bufferyards.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be required adjacent to any property in any other zoning
district. This bufferyard shall comply with the requirements of chapter 25 of the City Code.
(i) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks
or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000)
pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 7, 3-7-11)
Page 37
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-331. - NC, neighborhood commercial district.
(a) Purpose. This district is intended to provide small, convenient retail/commercial services and offices
that provide convenience goods or personal service primarily to people residing in adjacent
residential areas. This district is designed to accommodate compact, commercial uses in residential
neighborhoods at intersections or along major streets, or to function as a transition between more
intense commercial uses and neighborhoods. Additional requirements for light, air, building design,
open space and landscaping are required to alleviate any adverse impact on surrounding
neighborhoods.
(b) Permitted principal uses.
(1) Commercial day care.
(2) Personal service establishments including, but not limited to, beauty parlors, barber shops, dry
cleaning and laundry pick-up, shoe repair, self-service Laundromats, express or mailing offices,
and hearing aid and eye glass shops.
(3) Police and fire stations.
(4) Public parks, playgrounds and recreational facilities.
(5) Residential uses, provided such uses are located above the first floor or behind nonresidential
uses so as to promote continuous nonresidential uses on the first floor level along street
frontages.
(6) Restaurants and bars, excluding drive-in, pick-up or drive-thru facilities.
(7) Retail establishments which supply convenience and specialized goods and services, including,
but not limited to: groceries, bakery, package liquor, books, candy, dairy products, drugs,
flowers, gifts, jewelry, hobby materials, meat, fish and poultry, news stands, wearing apparel,
shoes, clothing, toys, pipe and tobacco and video rental.
(8) Pet grooming, with sales of pet grooming products allowed as an accessory use. The following
uses are not accessory to this use and are prohibited: overnight pet stays, the sale or breeding
of pets, kennels, veterinarian services, runs and outside facilities.
(9) Finance, insurance and real estate services including, but not limited to, banks, insurance
offices and security brokers. Banks and financial institutions may include automatic teller
machines and drive-thru facilities with a maximum of two (2) teller stations or lanes.
(c) Permitted rip, uses
(1) Accessory 1961iidiRgs structures and uses customarily incidental to the above uses including, but
not limited to, garages, and dumpster storage facilities as permitted in section 30-403,
supplemental regulations.
(2) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(°) Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30 402,
supplementap ieguq tlions
(d) Special uses.
(1) School and studios for art, dancing, drama, music, photography, interior decorating or similar
courses of study.
(2) Vehicle fueling station, not including service and repair.
(3) The allowance of additional height, not to exceed thirty-five (35) feet, as long as additional
height does not adversely affect the surrounding neighborhood.
(4) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
Page 38
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(5) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(6) Shoifi term or long term use of sI fllppl :':ng �:;ontai :ner for IIDimP,u��, pal u�uses, s IIDeri,Ntted I'u� seal':on 30
402, supplemental regul itrolls.
(i) I ong term use of sI fllppl :':ng contai :':ners for accessoryuses, as IIDermi aped I'un secJon 30 402,
supplementap i egu4 tl:ons
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and
approved.
(2) Buildings shall be designed in individual or small groupings and shall not exceed sixteen
thousand (16,000) square feet per structure with a maximum foot print of ten thousand (10,000)
square feet, nor exceed two (2) stories in height, except as provided with a special use permit.
The commercial development shall be designed and sized in a manner which is architecturally,
aesthetically and operationally harmonious with surrounding development.
(3) No individual retail store, personal service establishment or other permitted use shall have a
gross floor area greater than five thousand (5,000) square feet.
(4) All activities and permitted uses except off-street parking and loading facilities, drive-thru
facilities, public parks and play grounds, day care activities, outdoor eating and drinking facilities
and outdoor music, shall be conducted entirely within a completely enclosed building.
(5) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters
shall be located at the rear of the building and properly screened as required in chapter 25 of
the City Code.
(6) Streets through adjacent residential areas shall not be used to provide principal access for truck
traffic to any nonresidential use in this district except on streets classified as arterials, or
collectors.
(7) All structures in a NC district shall be constructed using materials, surfaces, textures, and colors
that are compatible with the surrounding development. Design review shall be performed as
part of the site plan review required in chapter 25 of the City Code.
(8) Lighting shall be designed to be directed away from any adjacent residential area and in
accordance with chapter 25 of the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Two (2) stories not to exceed twenty-five (25) feet.
(2) Minimum Lot Area: None.
(3) Maximum Density: None.
(4) Maximum Floor Area: Sixteen thousand (16,000) square feet.
(5) Minimum Lot Width: None.
(6) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty (20) percent of the lot depth or ten (10) feet, whichever is greater. No
more than twenty-five (25) feet shall be required.
c. Side yard: None, except where located adjacent to residential uses, then ten (10) feet.
(7) Maximum Building Coverage, including accessory buildings: Thirty-five (35) percent of the lot.
(g) Open space, landscaping and bufferyard requirements.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including
required yard and bufferyards.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE,
R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter
25 of the City Code.
(h) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks
or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000)
pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 7, 15, 3-7-11)
Page 40
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-332. - CBD, central business district.
(a) Purpose. The central business district [CBD] provides for the development of high density, compact,
pedestrian oriented shopping, office, service, entertainment and residential districts. The districts are
intended to be mixed-use districts that accommodate a variety of uses. It is intended specifically for
the older downtown areas including: Broadway, Riverfront and Good Hope/Haarig areas of the City
of Cape Girardeau. It is intended to allow flexible setbacks, smaller lot sizes, and increased lot
coverage to encourage dense development in the urban core of the community. This district is
designed to protect the small community appeal, integrity, character, and charm within the central
business district by encouraging redevelopment that focuses on architecturally appropriate design
standards typical of the city's early development history. These areas may also be experiencing or
be in need of rehabilitation or redevelopment. This district is intended to accommodate the transition
that must occur if these areas are to continue to contribute to the vitality of the city. The regulations
of the central business district are intended to allow greater flexibility for tracts of land in the central
business district than is permitted by other district regulations, where the planned development of
such tracts would better reflect the character of the site and enhance the appearance and economic
vitality of the downtown area.
(b) Permitted principal uses.
(1) Any business that provides, displays, advertises and sells goods, supplies or services to the
general public, as long as all activities associated with said business are contained entirely
indoors as stated in the standards set forth in section 30-332(e)(2).
(2) General retail and office, including banks and financial institutions.
(3) Any governmental building, including police and fire stations.
(4) Residential uses.
(5) Hotels.
(6) Medical facilities.
(7) Health and fitness centers.
(8) Public parks, playgrounds and recreational facilities.
(9) Private institutions of higher education.
(10) Nursing homes, senior citizen housing or retirement homes.
(11) Commercial day cares.
(12) Microbrewery.
(13) Bed and breakfasts.
(14) Restaurants, bars.
(c) Permitted rip, uses
(1) Accessory 1961iidiRgs structures and uses customarily incidental to the above uses including, but
not limited to, garages, and dumpster storage facilities as permitted in section 30-403,
supplemental regulations.
(2) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(°) Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntted I'u� sectl'on 30 402,
supplementap i egu3 tlions
(d) Special uses.
(1) Helicopter landing pad, heliport or other landing areas in relationship with medical facilities.
(2) Telecommunication tower, as permitted in section 30-404, supplemental regulations.
Page 41
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(3) Marina or dock.
(4) The allowance of additional height, not to exceed sixty (60) feet or five (5) stories.
(5) Excursion gambling boat or floating gambling facility, as permitted in section 30-409,
supplemental regulations.
(6) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(7) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(8) I ong term use o sI fllppl :':ng �;ontai :':ners gni ccessor uses, n IIDerrni:tted I'u� sec J'on 30 402,
nnpplementap regal tlionn.
(e) Standards.
(1) All activities and permitted uses except the following shall be conducted entirely within a closed
building.
a. Off-street parking and loading facilities.
b. Banks and financial institutions including automatic teller machines and drive-thru facilities
with a maximum of two (2) teller stations or lanes.
c. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and recreational facilities.
e. Outdoor live or amplified music provided that they are in compliance with the city's
nuisance ordinance.
(2) All activities and permitted uses except the following shall be conducted entirely within a closed
building.
a. Off-street parking and loading facilities.
b. Banks and financial institutions including automatic teller machines and drive-thru facilities
with a maximum of two (2) teller stations or lanes.
c. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and recreational facilities.
e. Outdoor live or amplified music provided that they are in compliance with the city's
nuisance ordinance.
(3) Alteration of existing buildings:
a. Original window openings on public facing elevations should be maintained or retained.
b. Original upper story design details and features shall not be removed or obscured.
(4) New construction shall be compatible with the existing buildings in scale, height, materials,
massing and rhythm and proportion of openings.
(5) Storefronts shall maintain traditional size, shape, spacing, patterns and alignment of openings
of storefronts.
(6) The primary entrance for commercial buildings shall be oriented toward the street.
(7) Building setbacks:
a. Residential: Should be aligned by a uniform distance from sidewalks.
b. Commercial: Maintain alignment of facades along sidewalks.
(8) Height:
Page 42
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
a. The height of additions or new construction should be within a similar range of the
buildings in the surrounding blocks.
b. Corner buildings or buildings on the ends should be similar in height to buildings on
adjoining corners.
(9) Materials that are comparable in quality, color, texture, finish and dimension to existing
materials and buildings within the district should be used.
(10) Consistent rooflines should be maintained with adjacent buildings.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Three (3) stories not to exceed forty (40) feet.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4) Maximum Density: None.
(5) Minimum Yard Requirements:
a. Front yard: None, except fifteen (15) feet when across from a residential zoning district.
b. Rear yard: None, except fifteen (15) feet when adjacent to a residential zoning district.
c. Side yard: None, except fifteen (15) feet when adjacent to a residential zoning district.
(6) Maximum Building Coverage, including accessory buildings: One hundred (100) percent of the
lot.
(g) Open space, landscaping and bufferyard requirements.
(1) Open space requirements: No minimum percentage required.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE,
R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter
25 of the City Code.
(h) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific use set forth in section 25-202.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 8, 1619, 3-
7-11)
Page 43
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-333. - C-1, general commercial district.
(a) Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares
and adjacent to residential districts. Appropriate uses for this district include commercial
developments not requiring long term outdoor display of merchandise, as well as certain
governmental, institutional, and community service facilities. Other uses having the potential to
significantly affect adjacent residential districts may be allowed with approval of a special use permit.
(b) Permitted principal uses.
(1) Art galleries or museums.
(2) Banks or other financial institutions.
(3) Bed and breakfasts.
(4) Commercial day cares.
(5) Commercial recreation facilities, excluding driving ranges and outdoor shooting or racing.
(6) Funeral homes or mortuaries.
(7) Governmental facilities.
(8) Health or fitness centers.
(9) Institutions of higher education, including business, career or technology schools.
(10) Instructional schools for art, dance, music, martial arts or other disciplines.
(11) Libraries.
(12) Microbreweries.
(13) Middle schools, secondary schools, or development centers for people with physical, mental or
developmental disabilities.
(14) Nurseries or greenhouses.
(15) Nursing homes.
(16) Offices.
(17) Parks or playgrounds.
(18) Personal service establishments.
(19) Pet grooming facilities, excluding kennels.
(20) Police or fire stations.
(21) Residential treatment facilities.
(22) Restaurants or bars.
(23) Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large
agricultural or construction equipment.
(24) Television or radio studios, including any transmitting facilities.
(25) Transit terminals.
(26) Veterinary clinics or animal hospitals, excluding livestock.
(27) Wineries.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to the above uses, as permitted in section
30-403, supplemental regulations.
Page 44
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
() Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30...402,
supplementap i eguq tlions
q4(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(d) Special uses.
(1) Banquet facilities.
(2) Hotels or motels.
(3) Kennels.
(4) l ong term use of sI fllppl :':ng contai :':ners for accessoryuses, as IIDermi aped I'un seciPon 30...402,
supplementap i eguq tlions
f4 (5) Meeting halls.
�54(3) Mini warehouses or self -storage units.
�64(7) 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.
(3) Shoifi term or long term use of sI fllppl :':ng contai :ner forIIDimP,nd pal uses, as IIDeri,Ntted I'un seciPon 30
402, supplemental regul itrolls.
q4(9) Telecommunication towers, as permitted in section 30-404, supplemental regulations.
X94(10) The allowance of additional height up to a total of sixty (60) feet, not to exceed a total of five
(5) stories.
X94(1 1) Transitional housing.
004(`12) Vehicle fueling, service or repair facilities, excluding body or paint shops.
4 }(`1 `) Vehicle washing facilities, ORG161doRg automatic or hand wash.
424(`14) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(e) Standards.
(1) All storage of merchandise, materials, products or equipment shall be within a fully enclosed
building or in an open yard so screened that the items being stored are not visible from the
street or any adjacent property.
(2) Outdoor display of merchandise is prohibited, except as follows:
a. Merchandise may be displayed outdoors as part of a temporary use, as permitted in
section 30-406, temporary uses. Nursery stock, accessory landscaping decorations, and
seasonal and holiday decorations may also be displayed outdoors during the appropriate
season. Such displays are permitted in accordance with the following provisions:
1. Displays shall not be located in a right-of-way.
2. Displays shall not be located in parking spaces used to meet the minimum number of
parking spaces as required elsewhere in the City Code. Displays that are part of a
bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from
this requirement, as determined by the city manager.
3. Displays shall not impede vehicular or pedestrian access.
4. Displays shall not alter the structure of any building.
5. Displays shall not create a health or safety hazard.
6. Displays shall be well kept and orderly.
Page 45
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
7. Signs may be displayed as permitted elsewhere in the City Code.
8. The display of seasonal items shall be limited to a time period that is customary for
the season associated with the display, which shall be at the discretion of the city
manager.
(3) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage
areas or waste containers shall be located in the rear or side yard and screened as required
elsewhere in the City Code.
(f) Height, area, width, setback and open space requirements.
(1) Maximum height: Forty (40) feet, not to exceed three (3) stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or
ten (10) feet when adjacent to an agricultural use or district.
c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or
ten (10) feet when adjacent to an agricultural use or district.
(5) Minimum open space. Fifteen (15) percent of the lot area.
(Ord. No. 4852, art. 2, 5-16-16)
Editor's note— Ord. No. 4852, art. 2, adopted May 16, 2016, repealed the former § 30-333, and
enacted a new section as set out herein. The former § 30-333 pertained to similar subject matter
and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted
Aug. 16, 2010; and Ord. No. 4206, arts. 8, 20, adopted March 7, 2011.
Page 46
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-334. - C-2, highway commercial district.
(a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares,
which are generally more intensive than uses permitted in the other commercial districts. As such,
this district is primarily intended for areas of the city located in high-volume traffic corridors. In
addition to uses permitted in the C-1 district, the C-2 district permits commercial developments
requiring long term outdoor display of merchandise. Other uses having the potential to significantly
affect adjacent residential and commercial districts may be allowed with approval of a special use
permit.
(b) Permitted principal uses.
(1) Arenas or stadiums.
(2) Art galleries or museums.
(3) Auditoriums or theaters.
(4) Banks or other financial institutions.
(5) Banquet facilities.
(6) Bed and breakfasts.
(7) Commercial day cares.
(8) Commercial recreation facilities.
(9) Driving ranges.
(10) Funeral homes or mortuaries.
(11) Governmental facilities.
(12) Health or fitness centers.
(13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital.
(14) Hospitals.
(15) Hotels or motels.
(16) Institutions of higher education, including business, career or technology schools.
(17) Instructional schools for art, dance, music, martial arts or other disciplines.
(18) Kennels.
(19) Libraries.
(20) Meeting halls.
(21) Microbreweries.
(22) Mini warehouses or self -storage units.
(23) Nurseries or greenhouses.
(24) Nursing homes.
(25) Offices.
(26) Outdoor storage facilities for recreation vehicles or watercraft.
(27) Parks or playgrounds.
(28) Personal service establishments.
(29) Pet grooming facilities.
Page 47
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(30) Police or fire stations.
(31) Residential treatment facilities.
(32) Restaurants or bars.
(33) Retail or rental establishments.
(34) Television or radio studios, including any transmitting facilities.
(35) Transit terminals.
(36) Transitional housing.
(37) Vehicle fueling, service or repair facilities, excluding body or paint shops.
(38) Veterinary clinics or animal hospitals.
(39) Warehouses or distribution centers.
(40) Wineries.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to the above uses, as permitted in section
30-403, supplemental regulations.
() Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30 442,
supplementap i egu4 tlions
q4(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(d) Special uses.
(1) Amusement parks.
(2) Billboards, as permitted elsewhere in the City Code.
(3) Campgrounds, travel trailer or recreation vehicle parks.
(4) I ong term use of sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sec J'on 30 442,
supplementap i egu4 tlions
04(5) Manufactured business un,+s ^r m^d-'ar b6lil iRgS Uu l'ps, for office use only.
�54(4) 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.
(i) Shoifi term or long term use of ss uP,lppl :':ng contai :ner forIIDimP,nd pal uses, as IIDeri,Ntted I'un secJon 30
402, supplementai regulaJ:ouls.
�64(3) Telecommunication towers, as permitted in section 30-404, supplemental regulations.
X74(9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a
total of eight (8) stories.
x}(`10) Vehicle body or paint shops.
X94(`1 1) Vehicle washing facilities, ORG161doRg automatic or hand wash.
004(`12) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(e) Standards.
(1) Outdoor display of merchandise is permitted in accordance with the following provisions:
a. Displays shall not be located in a right-of-way.
Page 48
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
b. Displays shall not be located in parking spaces used to meet the minimum number of
parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and
displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary
event are exempt from this requirement, as determined by the city manager.
c. Displays shall not impede vehicular or pedestrian access.
d. Displays shall not alter the structure of any building.
e. Displays shall not create a health or safety hazard.
f. Displays shall be well kept and orderly.
g. Signs may be displayed as permitted elsewhere in the City Code.
h. The display of seasonal items shall be limited to a time period that is customary for the
season associated with the display, which shall be at the discretion of the city manager.
(2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage
areas, or waste containers shall be located in the rear or side yard and screened as required
elsewhere in the City Code.
(f) Height, area, width, setback and open space requirements.
(1) Maximum height: Sixty (60) feet, not to exceed five (5) stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or
ten (10) feet when adjacent to an agricultural use or district.
c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or
ten (10) feet when adjacent to an agricultural use or district.
(5) Minimum open space. Fifteen (15) percent of the lot area.
(Ord. No. 4852, art. 3, 5-16-16)
Editor's note— Ord. No. 4852, art. 3, adopted May 16, 2016, repealed the former § 30-334, and
enacted a new section as set out herein. The former § 30-334 pertained to similar subject matter
and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted
Aug. 16, 2010; and Ord. No. 4206, arts. 8, 21, 22, adopted March 7, 2011.
Page 49
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-335. - M-1, light manufacturing/industrial district.
(a) Purpose. This district is intended primarily for uses engaged in light manufacturing, assembly,
fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all
activities within a building with no external impact or effect. This district is intended to serve as a
transition between more intense industrial development and commercial, office, or multifamily
residential development.
(b) Permitted principal uses.
(1) Light manufacturing facilities.
(2) Any establishment which provides supplies or services primarily to commercial and industrial
customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths,
or printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating,
plumbing and binding establishments.
(3) Health and fitness centers.
(4) Cemeteries.
(5) Commercial day cares.
(6) Funeral homes and mortuaries.
(7) Government buildings and uses, including police and fire stations.
(8) Heavy machinery and equipment sales, rental and service.
(9) Offices, administrative, business, finance and professional.
(10) Public and private parks, playgrounds, and golf courses, including miniature golf courses and
driving ranges.
(11) Public service and public utility uses as follows:
a. Wireless facilities.
b. Water reservoirs, water standpipes, and elevated and ground -level water storage tanks.
(12) Industrial schools and business schools.
(13) Miniwarehouse or self -storage units.
(14) Residential treatment facilities.
(15) Television and radio studios including any transmitting facilities.
(16) Veterinary clinics, animal hospitals, and kennels.
(17) Warehouses, storage and distribution centers.
(18) Vehicle fueling stations, including service, repair, body and fender repair, and paint shops.
(19) Recycling centers.
(20) Marina or dock.
(21) Transitional housing.
(22) Restaurants and bars.
(23) Retail, including vehicle sales.
(c) Permitted rip, uses
(1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose
residence is essential to the operation of a permitted or special use.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(2) Accessory b6liidiRgs structures and uses customarily incidental to the above uses, as permitted
in section 30-403, supplemental regulations.
(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(4) Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntted I'u� sectl'on 30
supplementap i egu4 tlions
(d) Special uses.
(1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents.
(2) Siam Wide „r ,.,;,-o rRaR ,faGt6iFo,_ herpe „r rpan ,farWred II"4 unufactured business 4P4
u�un� ts, for office puppeses use only.
(3) Telecommunication tower, as permitted in section 30-404, supplemental regulations.
(4) Excursion gambling boat or floating gambling facility, as permitted in section 30-409,
supplemental regulations.
(5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(6) Billboards, as permitted in section 25-401.
(7) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(3} Shoifi term or long term use of sI fllppl :':ng �:;ontai :ner for IIDimP,u��, pal u�uses, s IIDeri,Ntted I'u� s���;iPon 34...
442, supplemental regul itrolls.
(9) I ong term use of sI fllppl :':ng contai :':ners for accessoryuses, as IIDermi :tted I'un seciPon 30 402,
supplementap i egu4 tl:ons
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and
approved.
(2) All storage shall be within a fully enclosed building or in an open yard so screened that the
materials, products or equipment are not visible from the street or adjoining property. Any
outdoor storage shall be at least one hundred (100) feet from any residential zoning district or
use.
(3) No building shall be used for residential purposes, except for a night watchman or a caretaker
employed on the premises.
(4) Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and
electrical equipment, and dumpsters shall be located in the rear or side yard of the building.
(5) Lighting shall be designed to shine and reflect away from any adjacent residential areas and
shall meet the requirements of chapter 25 of the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Forty (40) feet excluding silos, smoke stacks, and dust collection systems.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4) Minimum Yard Requirements:
a. F ront yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
c. Side yard: None, except on a lot abutting a residential district there shall be a side yard of
not less than ten (10) feet on the side of the lot abutting the residential district.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(5) Maximum Building Coverage: None.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including
required yard and bufferyards.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE,
R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the
requirements of chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 8, 23, 24, 3-7-
11)
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-336. - M-2, heavy manufacturing/industrial district.
(a) Purpose. This district is intended for heavy industrial uses and many other uses which are not
otherwise provided for in the other industrial district. The intensity of uses permitted in this district
makes it necessary to separate it from all residential districts, whenever possible. Good accessibility
should be provided to major rail, air facilities and highways.
(b) Permitted principal uses.
(1) Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except:
facilities producing or processing explosives or flammable gases or liquids; animal slaughtering,
meat packing, or rendering; sulphur plants, rubber reclamation plants, steel mills, foundries or
smelters.
(2) Any establishment which provides supplies or services primarily to commercial and industrial
customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths,
or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding
establishments.
(3) Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of
materials, goods or products, and any business and sales offices accessory thereto.
(4) Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state
fire codes.
(5) Central mixing plants for cement, asphalt, or paving material.
(6) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden
above the deposit, however, any bulk storage of extraction material or overburden, any
processing or extraction machinery, and the open face of any cut, shall be at least twenty-five
(25) feet from the property line.
(7) Heavy machinery and equipment sales, rental and service.
(8) Junk yards, scrap and salvage yards.
(9) Manufacturing and production of paving, roofing and other construction material, using asphalt
or petroleum based coatings or preserving materials.
(10) Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and
nonferrous metals.
(11) Recycling center.
(12) Vehicle fueling stations, including service, repair, body and fender repair, and paint shops.
(13) Wastewater and water treatment facilities.
(14) Terminals for trucks, buses, rail and watercraft.
(15) Marina or dock.
(c) Permitted rip, uses
(1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose
residence is essential to the operation of a permitted or special use.
(2) Accessory 1961iidiRgs structures and uses customarily incidental to the above uses, as permitted
in section 30-403, supplemental regulations.
(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(4) Shoifi term use o sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IIDeri,Ntt d I'u� sectl'on 30 442,
supplementap i egu4 tlions
(d) Special uses.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(1) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous
substances from off-site sources.
(2) Jails, prisons or detention facilities.
(3) Telecommunication tower, as permitted in section 30-404, supplemental regulations.
(4) Excursion gambling boat or floating gambling facility, as permitted in section 30-409,
supplemental regulations.
(5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(6) Billboards, as permitted in section 25-401.
(7) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
(3} Shoifi term or long term use of sI fllppl :':ng �:;ontai :ner for IIDimP,u��, pal u�uses, s IIDeri,Ntted I'u� sec J'on 30
402, supplemental regul itrolls.
(9) l ong term use of sI fllppl :':ng contai :':ners for accessoryuses, as IIDermi :tted I'un secJon 30 402,
supplementap i eguq tl:ons
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and
approved.
(2) No junk yard, scrap, or salvage yard shall be located within five hundred (500) feet of any
residential use.
(3) Lighting shall be designed to shine and reflect away from any adjacent residential areas and
shall meet the requirements of chapter 25 of the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Forty (40) feet, excluding silos, smoke stacks, and dust collection systems.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet.
b. Rear yard: Twenty-five (25) feet.
c. Side yard: None, except on a lot abutting a residential district or use there shall be a side
yard of not less than twenty (20) feet on the side of the lot abutting the residential district or
use.
(5) Maximum Building Coverage: None.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including
required yard and bufferyards.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE,
R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with
the requirements of chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202.
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 8, 25, 26, 3-7-
11)
Sec. 30-342. - A-1, airport district.
(a) Purpose. The purpose of this district is intended to regulate development of land surrounding the
Cape Girardeau Regional Airport. To promote compatible land uses with the airport and associated
uses of surrounding land, along with protecting the airport from incompatible development.
(b) Permitted principal uses.
(1) Public airport owned and/or operated by a general or special purpose unit of government, to
include all air -side support facilities necessary for operation.
(2) General commercial aviation, air charter service, aircraft maintenance, pilot training, and
scheduled air passenger and freight services.
(3) Automobile and aircraft parking and storage.
(4) Aircraft and aircraft parts repair, reconstruction, construction or maintenance.
(5) Offices and office buildings.
(6) Warehousing.
(c) Permitted ry uses
(`1) Accessory structures and uses cust�11maaiiI, III��,IdentaaI ICS the a" II,:)��ve wad s, as IIDeri"�li tted IIIn stl��:;pl',on
X4..44° , supplel"nentai reguatl:ons
(�} O Motor fuel filling, dispensing and storage for vehicles and aircraft.
q4 (°) Agricultural use, limited to row crop production and excluding the raising of trees or animals,
subject to applicable F.A.A. regulations.
�34 (4) Public parks, playgrounds and recreational facilities.
04 (5) Hotels.
�54 (6) Food service, including restaurants and food dispensing.
�64 (.7) Advertising signs, limited to on -premises signs advertising the name and services of a
business located in this district.
q4 (8) Billboards, but only in conformance with section 30-502 of this chapter.
�94 (4) Any sign erected and maintained pursuant to and in the discharge of a governmental function
or required by law, ordinance or governmental regulation. In addition, any sign referred to in
subsections (6), (7), and (8) herein must also comply with the rules and regulations of the Cape
Girardeau Regional Airport, any applicable state or federal law, and receive prior written
approval from the airport manager.
(`10) SIhoil term use of sIfllppl :':ng contap :':ners for accessoryuses, as IlDeri"nliied I'un sectl'on 30 442,
supplel"nentap . I eguatl:ons
(d) Special uses.
(1) General retail sales.
(2) Any use permitted in the (M-1) light industrial and (M-2) heavy industrial districts.
(3) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use -by -right.
4) SIhoil term or long term use of sI fllppl :':ng contai :ner forIIDImP,nd pal uses, as IlDeri,Ntted I'un secpPon 34...
442, supplel"nentai regul il',oIIls.
Page 55
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
() l ong term use of sI fllppl :':ng �;ontai :':ners o ccessor u�uses, s IID��rmi :tted I'u� sec J'on 30...402,
su�ll�ll�l��i�nentap i egu�I pP,ons
(e) Height, area, bulk and setback requirements.
(1) Maximum Height: Two (2) stories not to exceed thirty (30) feet.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4) Minimum Yard Requirements:
a. Front, Rear and Side Yard: Twenty-five (25) feet for front and rear, ten (10) feet for side
yard. Front, rear and side yard requirements do not apply to structures constructed on or
immediately adjacent to any runway or aircraft apron at the Cape Girardeau Regional
Airport.
(5) Maximum Building Coverage: None.
(f) Open space, landscaping and bufferyard requirements.
(1) Open space: None.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE,
R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the
requirements of chapter 25 of the City Code.
(g) Height regulations; definitions. As used in this section, the words and phrases set out below shall
have the following meanings, unless the context requires otherwise:
(1) Airport: Cape Girardeau Regional Airport.
(2) Airport elevation: The highest point of an airport's usable landing area measured in feet from
sea level.
(3) Approach surface: A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as
the approach zone height limitation slope set forth in section 30-342(1). In the airspace plan, the
perimeter of the approach surface coincides with the perimeter of the approach zone.
(4) Approach, transitional, horizontal, and conical zones: These zones are set forth in section 30-
342(h).
(5) Conical surface: A surface extending outward and upward from the periphery of the horizontal
surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.
(6) Hazard to air navigation: An obstruction determined to have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace.
(7) Height: For the purpose of determining the height limits in all zones set forth in this section and
shown on the airspace plan, the datum shall be mean sea level elevation unless otherwise
specified.
(8) Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established airport
elevation, the perimeter of which in the airspace plan coincides with the perimeter of the
horizontal zone.
(9) Nonconforming use: Any preexisting structure, object of natural growth, or use of land which is
inconsistent with the provisions of this section, or any amendment thereto.
Page 56
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(10) Nonprecision instrument runway: A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment,
for which a straight -in nonprecision instrument approach procedure has been approved or
planned.
(11) Obstruction: Any structure, growth or other object, including a mobile object, which exceeds a
limiting height set forth in section 30-342(1).
(12) Person: An individual, firm, partnership, corporation, company, association, joint stock
association or governmental entity; includes a trustee, a receiver, an assignee or similar
representative of any of them.
(13) Precision instrument runway: A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or precision approach radar (PAR). It also means a
runway for which a precision approach system is planned and is so indicated on an approved
airport layout plan or any other planning document.
(14) Primary surface: A surface longitudinally centered on a runway. When the runway has a
specially prepared hard surface, the primary surface extends two hundred (200) feet beyond
each end of that runway. The width of the primary surface is set forth in section 30-342(h). The
elevation of any point on the primary surface is the same as the elevation of the nearest point
on the runway centerline.
(15) Runway: A defined area of an airport prepared for landing and take -off of aircraft along its
length.
(16) Structure: An object, including a mobile object, constructed or installed by man, including, but
without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead
transmission lines.
(17) Transitional surfaces: These surfaces extend outward at ninety -degree angles to the runway
centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each
foot vertically from the sides of the primary and approach surfaces to where they intersect the
horizontal and conical surfaces; also, transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of the conical surface, extended
a distance of five thousand (5,000) feet measured horizontally from the edge of the approach
surface and at ninety -degree angles to the extended runway centerline.
(18) Tree: Any object of natural growth.
(19) Utility runway: A runway that is constructed for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less.
(20) Visual runway: A runway intended solely for the operation of aircraft using visual approach
procedures.
(h) Airport zones. In order to carry out the provisions of this section, there are hereby created and
established certain zones which include all the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to the Cape Girardeau Regional
Airport. Such zones are shown in the most recent approved airport layout plan which is incorporated
into this article and made a part hereof as though fully set out herein.
An area located in no more than one (1) of the following zones is considered to be only in the zone
with the more restrictive height limitation. The various zones are hereby established and defined as
follows:
(1) Runway 20 visual approach zone. The inner edge of this approach zone coincides with the
width of the primary surface and is five hundred (500) feet wide. The approach zone expands
outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal
distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation
of the centerline of the runway.
Page 57
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
(2) Runway 02 nonprecision instrument approach zone. The inner edge of this approach zone
coincides with the width of the primary surface and is five hundred (500) feet wide. The
approach zone expands outward uniformly to a width of two thousand (2,000) feet at a
horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
(3) Precision instrument runway 10 approach zone. The inner edge of this approach zone coincides
with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone
expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance
of fifty thousand (50,000) feet from the primary surface. Its centerline is the continuation of the
centerline of the runway.
(4) Runway 28 nonprecision instrument approach zone. The inner edge of this approach zone
coincides with the width of the primary surface and is one thousand (1,000) feet wide. The
approach zone expands outward uniformly to a width of four thousand (4,000) feet at a
horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
(5) Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(6) Horizontal zone. The horizontal zone is established by swinging arcs of five thousand (5,000)
feet radii for all runways designated as utility or visual, and ten thousand (10,000) feet radii for
all others measured from the center of each end of the primary surface of each runway, and
connecting the adjacent arcs by drawing a line tangent to these arcs. The horizontal zone does
not include the approach and transitional zones.
(7) Conical zone. The conical zone is established as the area that commences at the periphery of
the horizontal zone and extends outward therefrom a horizontal distance of four thousand
(4,000) feet.
(i) Airport zone height limitations. Except as otherwise provided in this section, no structure shall be
erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this
article to a height in excess of the applicable height limit herein established for such zone. Such
applicable height limits are hereby established for each of the zones in question as follows:
(1) Runway 20 visual approach zone. Slopes twenty (20) feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a
horizontal distance of five thousand (5,000) feet along the extended runway centerline.
(2) Runway 02 nonprecision instrument approach zone. Slopes twenty (20) feet outward for each
foot upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of five thousand (5,000) feet along the extended runway
centerline.
(3) Precision instrument runway 10 approach zone. Slopes fifty (50) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surface and extending
to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline;
thence slopes upward forty (40) feet horizontally for each foot vertically to an additional
horizontal distance of forty thousand (40,000) feet along the extended runway centerline.
(4) Runway 28 nonprecision instrument approach zone. Slopes thirty-four (34) feet outward for
each foot upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of ten thousand (10,000) feet along the extended runway
centerline.
(5) Traditional zones. Slopes seven (7) feet outward for each foot upward beginning at the sides of
and at the same elevation as the primary surface and the approach surface, and extending to a
height of one hundred fifty (150) feet above the airport elevation which is three hundred forty-
two (342) feet above mean sea level. In addition to the foregoing, there are established height
limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the
same elevation as the approach surface, and extending to where they intersect the conical
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Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
surface. Where the precision instrument runway approach zone projects beyond the conical
zone, there are established height limits sloping seven (7) feet outward for each foot upward
beginning at the sides of and at the same elevation as the approach surface, and extending a
horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to the
extended runway centerline.
(6) Horizontal zone. Established at one hundred fifty (150) feet above the airport elevation or at a
height of four hundred ninety-two (492) feet above mean sea level.
[(7) Reserved. ]
(8) Conical zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery
of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and
extending to a height of three hundred fifty (350) feet above the airport elevation.
[(9) Reserved. ]
(10) Excepted height limitations. Nothing in this article shall be construed as prohibiting the
construction or maintenance of any structure to a height of thirty (30) feet, or growth of any tree
to a height of fifty (50) feet, above the surface of the land.
(j) Use restrictions. Notwithstanding any other provision of this article, no use may be made of land or
water within any zone established by this article in such a manner as to create electrical interference
with navigation signals or radio communication between the airport and aircraft, make it difficult for
pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the
airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way
endanger or interfere with the landing, takeoff or maneuvering of the aircraft intending to use the
airport.
(k) Nonconforming uses.
(1) Regulations not retroactive. The regulations prescribed by this article shall not be construed to
require the removal, lowering or other change or alteration of any structure or tree not
conforming to the regulations as of the effective date of the ordinance from which this article
derives, or otherwise interfere with the continuance of such nonconforming use. Nothing
contained herein shall require any change in the construction, alteration, or intended use of any
structure, the construction or alteration of which was begun prior to the effective date of the
ordinance from which this article derives.
(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any
existing nonconforming structure or tree is hereby required to permit the installation, operation
and maintenance thereon of such markers and lights as shall be deemed necessary by the
airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence
of such airport obstruction. Such markers and lights shall be installed, operated and maintained
at the expense of the Cape Girardeau Regional Airport.
(1) Permits.
(1) Future uses. Except as specifically provided in subsections (a), (b) and (c) hereunder, no
material change shall be made in the use of land, no structure shall be erected or otherwise
established, and no tree shall be planted in any zone hereby created unless a permit therefor
shall have been applied for and granted by the building official. Each application for a permit
shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it
to be determined whether the resulting use, structure or tree would conform to the regulations
herein prescribed. If such determination is in the affirmative, the permit shall be granted. No
permit for a use inconsistent with the provisions of this article shall be granted unless a variance
has been approved in accordance with section 30-204.
a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be
required for any tree or structure less than seventy-five (75) feet of vertical height above
Page 59
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
the ground, except when because of terrain, land contour, or topographic features, such
tree or structure would extend above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones, but at a horizontal distance of not
less than four thousand two hundred (4,200) feet from each end of the runway, no permit
shall be required for any tree or structure less than seventy-five (75) feet of vertical height
above the ground, except when such tree or structure would extend above the height limit
prescribed for such approach zones.
c. In the areas lying within the limits of the transition zones beyond the perimeter of the
horizontal zone, no permit shall be required for any tree or structure less than seventy-five
(75) feet of vertical height above the ground, except when such tree or structure, because
of terrain, land contour, or topographic features, would extend above the height limit
prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or
intending to permit any construction, or alteration of any structure, or growth of any tree in
excess of any of the height limits established by this article except as set forth in section 30-
342(i)(10).
(2) Existing uses. No permit shall be granted that would allow the establishment or creation of an
obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air
navigation than it was on the effective date of this article or any amendments thereto, or than it
is when the application for the permit is made. Except as indicated, all applications for such a
permit shall be granted.
(3) Nonconforming uses abandoned or destroyed. Whenever the building official determines that a
nonconforming tree or structure has been abandoned or more than eighty (80) percent torn
down, physically deteriorated, or decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height limit or otherwise deviate from the zoning
regulations.
(4) Variances. Any person desiring to erect or increase the height of any structure, or permit the
growth of any tree, or use property, not in accordance with the regulations prescribed in this
article, may apply to the board of adjustment for a variance from such regulations. The
application for variance shall be accompanied by a determination from the Federal Aviation
Administration as to the effect of the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duly
found that a literal application or enforcement of the regulations will result in unnecessary
hardship, and that the relief granted will not be contrary to the public interest, and will not create
a hazard to air navigation facilities and the safe, efficient use of navigable airspace. In addition,
such variances shall only be allowed where it is duly found that the relief granted will do
substantial justice, and will be in accordance with the spirit of this article. Additionally, no
application for variance to the requirements of this article may be considered by the Board of
Adjustment unless a copy of the application has been furnished to the airport manager for
advice as to the aeronautical effects of the variance. If the airport manager does not respond to
the application within fifteen (15) days after receipt, the board of adjustment may act on its own
to grant or deny said application.
(5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed
advisable to effectuate the purposes of this article and be reasonable in the circumstances, be
so conditioned as to require the owner of the structure or tree in question to install, operate and
maintain, at the owner's expense, such markings and lights as may be necessary. If deemed
proper by the board of adjustment, this condition may be modified to require the owner to permit
the Cape Girardeau Regional Airport at its own expense, to install, operate and maintain the
necessary markings and lights.
(m) Enforcement. It shall be the duty of the building official to administer and enforce the regulations
prescribed herein. Applications for permits and variances shall be made to the building official upon a
Page 60
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
form published for that purpose. Applications required by this article to be submitted to the building
official shall be promptly considered and granted or denied. Application for action by the board of
adjustment shall be forthwith transmitted by the building official.
(n) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations
prescribed in this article and any other regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees, and the use of land, or any other matter, the more
stringent limitation or requirement shall govern and prevail.
(Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4206, arts. 28, 29, 3-7-11)
Page 61
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-401. - Special use permits.
(a) Purpose. Subject to the provisions of this section, the city council 44ay may, by ordinance on its own
motion or on applisatiae nll�ll�kcatl'ion, grant a special use permit for the Gpeeiaa e any, nII�N�6al use
specifically identified in ^" g diStFi,.+ fperp ,.Ahirh the ,a-re.„+hor,.,;so nr„h;h;+o + by this
Ghaptep the zonl'ng 6stiict lug WInRch the npe64 use I''n II DI',"oposed. The city council s14a4 may impose
appropriate conditions and safeguards for the issuance of the special use permit, Which May O^^'IOo
GPeG f;o + nor,,, + .,f +;rr o fr,r +�o norrr ;+ Such Ill nlli ll',� u � i inn ry �tnlmnil'�nll � i illuN nII N �;lnl' nnN a
limitation of the PeFGGRG Il Dait::es who may carry out such use, and limitations upon or requirements
for the size or design of buildings and other improvements 61PGR the ppepei+„ all f„r the puppese of
GGRGe iRg and PFGte.tiRg n ei4y and n ei4y value -s On the R ghbepHeed. on the Du'opei-t.` I........in
cases where a npe64 use IIDerrnl't nll pll :':ca on I'n sU,-)I,nitted for a IIDI',"oIpei-ty I'un tlh 111 Ilulstoi c ovei lays
6stiict the Ilflstoiic IIDreservaJoin colnml',nnl:on nlhaH Ima[ke a Imecomlmend'atlon to the 6ty coun6� I',In II:,eu
gni npplmoV:ng or deny:ng a ceil�flcate gni nppl'molpiiateIness for any woilk covered Il. -)y the npN"64' use
�ID eiI-i,nl',t..
(b) Application for special use permit. ppII:ca on for a npe64' use IIDeri,Nt nlhaH II, -)e nUI)INtted to the 6ty
manager unl'ng a form IIDImoV:ded Il. -)y the 6ty, and contal:n aH necessary IuniolmmaJoin as d'N terinIIned Il. -)y
l h ii:? iii.,J y Il lri a iiriI : it il' If
1 � liI� sum�dau Il,u+sn uNll;t`mn1i fi� sh�u 311I:, uNil;t` thil� iI p1y.s fiTe siI`.,,t11il�dilluiln. onnr,.n+i,,.,c fr,r
peG al "ce perm its ch ' A ' 11 he rpade ;;Pd Such nII pII :cnJon nlhaH II, -)e processed in the same manner as
provided in section 30-206 relating to appliGatiG ,S fr,r dicstr,,.+ AH@RgeS. nppll'cnJon for a zonn :':ng 6stiict
chainge
(1) T -14e III” reV,eMing an all pll :cation for a npe6r4 use IIDerrnli t1 ue city council shall determine whether
011- 1110t 661,.H h,,,w;.,,. „r tlheIIDI',"oIl osed' npe6r4 use will:
a. Substantially increase traffic hazards or congestion;
b. Substantially increase fire hazards;
c. Adversely affect the character of the neighborhood;
d. Adversely affect the general welfare of the community; and
e. Overtax public utilities.
(2) If the council's finding is negative as to all the 661 eetFefeeF ed his SeGticrr gni the c I Iteiia I'un
se tl:on 30 401(Ik:)}(`1), the application may be granted; if affirmative as to any 661bjeGt, gni the
afo eImentIzoned c I Iteiia, then such special use permit shall be denied.
(3) Any ppepesed s^e^ia' use for WN:ch a npe64' use IIDe Inli I',n granted shall otherwise comply
with all of the regulations set forth in this chapter for the zonn :':ng district in which such use is
located.
(Ord. No. 4109, art. 2, 3-1-10)
Page 62
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-402. -gid ShIpphng ContaIners,
&lul''Ilxllxl'u �:;�nutnlu lmn nllunll' II nnll.: t t tin tauxllm l"n utn lug t1u i�ll�nlu tall, -)le
One (`1) or More &flpping
SIhoil II Irl"nl
oIIII g II ei.rnI
ontnlu ere U Used II'ol,,
wev ry (1 2) Coll secutl've IltAont�.un or
More tll,min ""IIw6v (1 2) ConnecuJv
ess
tttoIII t"ns
fi r" Use x6u�u6n
Spe64 r"�I U,Us tl IInst r� Ire d In AG,
, I', I I u IIV ,
Sp6 r"�I Use tl IInst r� �
) e H� : n g)
G 1 II N , 1, V'1 Ilttt ,
CII 1, , Ilttt 1, Ilttt and A '1
and A...°1 Intl-Ict:n, IIDG"6 llll)lted in nlll
Inti -lass Il xrnllulll)lted IIIA nlll other
other 6stl Icts
6st'Ii-Icts
�;�: essory a ung �I: x u�ud III
�Iei.rnitted ll �R1'ght I'',Iin all 6stl'"I,�;t�
�lnl u..pn � i'I"nllt I" ��ul'',I" � In ill'.
)t �.III'n
(per Dropei�
�tlntlc ts
Accessory U Use to n
lerrnittedIin accordance to ltlh
lerrnittedIin accordance Mth
Constructl',on II I"o.C'ect
Sectl',on 30 4060,-))(I)
CecJon 30
V1 fl)Ited in aH 6ntl"lets
1V"nI )ItedIin aH 6stl"lets
As IlDerl"Ntted IIIA the zonn :':n
6Intl'"I'ct In t Mulch the nllul''lppl :ng contal:nelm(n) are to II, -)e 4ocated
`Once nll nll"ulllxllxln contnl''Inern
ll have Il)een removed from n llxlrolpeily,
no nllul'',lppl :ng contal:n rs nlhaH ll, -)e llxlnced
)ack on such Ilxlrolpeily for
n Ilx� il-I:,,od of sl:,,x (6) consecutive months
uxliNess n nllxe64 use Ilxerml :t Is illmnt
o'.: taI'',III nd.
Page 63
Chapter 30 Amendment Regarding Shipping Containers — September 13, 2017
Sec. 30-406. -Temporary uses.
(a) Purpose. This section is designed to provide for certain land uses and structures which are needed,
or are in place, for only short periods of time. These uses are permitted in all zoning districts
because they are useful or necessary, and because they do not permanently impact surrounding
y Ilxlm��lpeilfi'es
(b) Temporary uses allowed. The following temporary uses of land are permitted Ik:)y I -1:g u1 in any zoning
district, subject to the specific regulations and time limits which follow, and subject to the other
applicable regulations of the district in which the use is teAssi+P occurs
�1111
ff o o+ +ro lord �..! oho Jo 0111 i1"�:;iC11" '� tl '4 111" l ryll l II"ill ryl"i�11,6tlry
k:)xl l6ngs, and sl fllppl :':ng .. �:;ontai :u ere (containing no sleeping or cooking accommodations)
accessory to a construction project are permitted only during the duration of such project and
they shall be located on the same property as the construction project. All such temporary
structures shall be removed upon occupancy of the completed construction, or upon completion
or abandonment of the construction work, whichever occurs first.
(2) Real estate effise Oiif'!:ces (containing no sleeping or cooking accommodations, unless located in
a model dwelling unit) incidental to e new hG616iRg ^r ^+"ter development, C Ulla m xl:mulm o
on (`1) such offi, e IlDer d'ev6lollxl"nelnt PFGVided 66IG14 Such office may continue only until the sale
or lease of all dwelling units or nonresidential space spaces in the development is completed.
(3) Retail sales, such as bazaars, craft sales, fireworks and Christmas tree sales, provided that
such activities do not exceed a total of thirty (30) days within a twelve-month period.
(4) Garage or yard sales, provided that no more than four (4) garage or yard sales per calendar
year shall be allowed, and provided that each garage or yard sale shall not exceed a period of
three (3) consecutive days.
(5) Street festivals, subject to the following restrictions
a. When a residential district adjoins the street where the festival is to be held, only one (1)
festival shall be allowed in any twelve (12) consecutive month period. No such festival shall
exceed a period of three (3) consecutive days, exclusive of a reasonable period to prepare
the street prior to the event and to restore the street after the event is finished.
b. Activities related to the event shall be limited to a daily period extending from 7:00 a.m. to
11:00 P.M.
c. All lighting, activities, noise or increased traffic associated with the festival shall not
unreasonably disturb surrounding residential properties.
d. The festival shall not litter or create a nuisance to adjacent or nearby properties, or violate
any other provision of the City Code.
(Ord. No. 4109, art. 2, 3-1-10)
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Staff: Julia Thompson, Parks and
Agenda: Recreation Director
9/18/2017
SUBJECT
Request the City Council approve revisions to Chapter 18 of the Code of Ordinances of the City of Cape
Girardeau, Missouri relating to the Cape Jaycee Municipal Golf Course Advisory Board Meeting requirements.
EXECUTIVE SUMMARY
The amended ordinance will allow for the Golf Course Advisory Board to meet a minimum of six (6) times per
year as opposed to monthly.
BACKGROUND/DISCUSSION
The Municipal Golf Course Advisory Board acts in an advisory capacity to the city council to review, promote
and expedite development and use of city golf course facilities. Due to the seasonal nature of the Golf Course
operations, staff and the Board agree monthly meetings are not necessary. The change in the ordinance allows
the Board to meet as needed and as few as six (6) times per year.
FINANCIAL IMPACT
This change in meeting requirements will allow the City to save approximately $650 in expenses and additional
cost savings in staff time.
STAFF RECOMMENDATION
City Staff recommends approval of the proposed amendment.
BOARD OR COMMISSION RECOMMENDATION
At its June 22, 2017, meeting, the Golf Course Advisory Board voted to support the proposal to change the
meeting schedule to a minimum of 6 times per year.
ATTACHMENTS:
BILL NO. 17-143
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, RELATING TO THE CAPE JAYCEE
MUNICIPAL GOLF COURSE ADVISORY BOARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 18-54 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled, "Meetings, bylaws,"
reading as follows:
Sec. 18-54. - Meetings; bylaws.
The board shall have regular meetings on the second
Monday of every month and special meetings when called
by the chairman or five (5) members. The board may
vote after the effective date of this article to
change the date for its regular monthly meetings for
the convenience of its members, and the date may then
be changed upon proper notification to the city
council. The board shall adopt bylaws to govern
conduct of businesses.
is hereby repealed in its entirety, and a new Section 18-54,
relating to, "Meetings; bylaws," is hereby enacted in lieu
thereof, in words and figures, to read as follows:
Sec. 18-54. - Meetings; bylaws.
The board shall meet, a minimum of six (6) times per
year, and special meetings when called by the chairman
or by five (5) members. The board shall adopt bylaws
to govern conduct of business.
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 DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
oil
Staff: Ryan Shrimplin, AICP - City
Agenda: Planner
9/18/2017
SUBJECT
An Ordinance repealing Ordinance No. 4996 and approving the corrected record plat of Route K North Third
Subdivision.
EXECUTIVE SUMMARY
The attached ordinance repeals the ordinance approving the original record plat of Route K North Third
Subdivision and approves the corrected version of the plat.
BACKGROUND/DISCUS SION
The City Council recently approved the record plat of Route K North Third Subdivision. After the plat was
approved, an attorney for the property owner found some errors pertaining to the owner's legal name and notary
as shown on the plat. The attached ordinance repeals the ordinance approving the original record plat and
approves the corrected version of the plat (also attached). The plat has not changed except for the
aforementioned corrections.
STAFF RECOMMENDATION
The staff report to the Planning and Zoning Commission recommended approval of the record plat.
BOARD OR COMMISSION RECOMMENDATION
The Planning and Zoning Commission, at its June 14, 2017 meeting, recommended approval of the record plat
with a vote of 7 in favor, 0 in opposition, and 0 abstaining.
ATTACHMENTS:
71 Corrected Route K North Third Plat.doc
Review- Referral -Action
LIA
DescitiiIrrodiiarn
Ordinance
ROLAe IS Worth Third SUbdiiviisloin Sdaff IF IRA Fbirirn
ROLAe IS Worth Third SUbdiiviislioi n IMIalp
ROLAe IS Worth Third SUbdiiviislioi n AIpplliicaHoi n
ROLAe IS Worth Third SUbdiiviislioi n Coirirecc ed IFiecoird IFlllad
BILL NO. 17-144 ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 4996
AND APPROVING THE RECORD PLAT OF ROUTE K
NORTH THIRD SUBDIVISION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Ordinance No. 4996 dated August 7, 2017, in the
City of Cape Girardeau, Missouri, is hereby repealed.
ARTICLE 2. The record plat of Route K North Third
Subdivision, a subdivision being a part of Outlot 84 in U.S.
Survey 2199, Township 30 North, Range 13 East, of the Fifth
Principal Meridian, in the City and County of Cape Girardeau,
State of Missouri, submitted by U.S. Bank National Association,
bearing the certification of David Francis Skornia, a Registered
Land Surveyor, dated August 23, 2017, is hereby approved.
ARTICLE 3. The City Clerk is hereby directed to sign the
record plat with the date of Council approval and affix thereto
the seal of the City of Cape Girardeau, Missouri.
ARTICLE 4. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
City Staff Review, Referral and Action - Subdivision Application
FILE: Route K North Third Subdivision
LOCATION: St. Francis Drive/Gordonville Road
STAFF REVIEW & COMMENTS:
A record plat has been submitted for a two (2) lot subdivision at the southeast corner of St. Francis Drive and
Gordonville Road. SEE STAFF REPORT FOR MORE DETAILS.
City Planner
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City`A torr% _ _ _
IIVAGER REFER
RECOMMENDED ACTION.•
//'7
�e Date
AND ZO
Planning & Zoning Commission
COMMENTS:
Date
Date
Favor- Oppose Abstain
Favor
Oppose
Abstain
❑
Trae Bertrand
❑f
❑
❑
Scott McClanahan
Larry Dowdy
❑
❑
❑
Bruce Skinner
Jeff Glenn
❑
❑
Doug Spooler
Kevin Greaser
Q
❑
❑
Tom Welch
Patrick Koetting
❑
❑
❑
VOTE COUNT:
Favor
Oppose
COMMENTS:
Date
Date
Favor- Oppose Abstain
CITIZENS COMMENTING AT MEETING:
Bruce Skinner
Planning & Zoning Commission Secretary
City Council Action
Ordinance 1 st Reading �� s ' Ordinance 2nd & 3"d Reading:
ORDINANCE # Effective Date:
❑
❑
❑,
❑
❑
❑
❑
0
❑
❑
Abstain
CITIZENS COMMENTING AT MEETING:
Bruce Skinner
Planning & Zoning Commission Secretary
City Council Action
Ordinance 1 st Reading �� s ' Ordinance 2nd & 3"d Reading:
ORDINANCE # Effective Date:
Route K North Third Subdivision Record Plat
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G I R A R D E A U
Created by: Development Services Legend . .. . .. ..... "A
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-Route K North Third
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May 23, 2017
Lot Lines Cape
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0 40 80 160 Feet
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Staff: Bruce Taylor, Deputy City Clerk
Agenda: 9/18/2017
SUBJECT
Appointment of two members to the Golf Course Advisory Board for terms expiring September 4, 2017.
Appointment of one member to the Golf Course Advisory Board for a term expiring November 12, 2017.
Appointment of one member to the Golf Course Advisory Board for a term expiring November 12,
2018, and appointment of one member to the Golf Course Advisory Board for a term expiring November 12,
2019.
EXECUTIVE SUMMARY
Two positions on the Golf Course Advisory Board are set to expire September 4, 2017. These positions are
presently held by Joshua J. Schulz and Seth Hudson . Mr. Shulz has expressed interest in reappointment. Mr.
Hudson, due to attendance requirements, has been removed from the board.
One position on the Golf Course Advisory Board is set to expire November 12, 2017. This position was held by
Eugene Farrar. Mr. Farrar passed away August 28, 2017.
One position on the Golf Course Advisory Board is set to expire November 12, 2018. This position was held by
Brandon Cooper. Mr. Cooper resigned his position on the Golf Course Advisory Board to serve on the Liquor
License review Board.
One position on the Golf Course Advisory Board is set to expire November 12, 2019. This position was held by
Mark Ervin. Mr Ervin has not been able to attend meetings due to health reasons, and the position is now
vacant.
A copy of the board roster and attendance roster are attached for your reference.
BACKGROUND/DISCUS SION
According to Section 18-53(a) of the City Code, "A person appointed to the municipal golf course board shall be c
taxpayer and qualified voter of the City. One (1) member of the municipal golf course advisory board shall be c
member of Cape Jaycees and designated by that organization as its representative on the golf course advisor
board. " Mr. Robbie Guard serves as the Jaycee representative.
The following individuals have expressed an interest in serving on the board, and their advisory boarc
applications are attached.
Berry Burge
Wesley Cox
Mark Dirnburger
Jeff Green
Charles Heady
Ken House
Wesley James
Ronald Robertson
Cynthia Schmoll
John Schmoll
Joshua J. Shulz
Kent Talley
Charles Wagoner
Brad Wittenborn
Gary Wren
Nate Saverino Jack Watts
STAFF RECOMMENDATION
It is recommended that two appointments be made to the Golf Course Advisory Board for terms expiring
September 4, 2017, one appointment for a term expiring November 12, 2017, one appointment for a term
expiring November 12, 2018 and one appointment for a term expiring November 12, 2019.
BOARD OR COMMISSION RECOMMENDATION
The Golf Course Advisory Board recommends appointing Charles Heady, John Schmoll, Cynthia Schmoll,
Charles Wagoner, and Kent Tally for appointment.
ATTACHMENTS:
INairne:
Descirilpfiam
[::].Golf Board roster.doc
Gollf IBoalyd IRos�eir
El roster attendance
Gollf IBoalyd Aaendaince IRos�eir
L-1 Buge.BeLry.01 -18-17.
BUrge, IBelrlry
71 Cox.Wesley.06-05-17. d
Cox, Wesley
Ll DirnbeMer. Mark. 1 2-6-16.pd
Dirinbeirgeir, IMalrlk
71.Green.Jeff.10-26-16.
Green, Jeff
El Heady.Charles.
Heady, Charles
L-1 House. Ken.02-15-17.pd
House, IKein
71 james.Wesley.
Jairnes, Wesley
L-1 Robertson. Ronald.8-18-17.pdf
Rolbeiftsoin, IRoinalld
71.Schmo11.CynthaA-28-17.pd
Schirnoll, Cyinflhla
L-1 Schmoll.John.04
Schirnoll, John
E:1.Schu1z.Josh.06.11.15.pd
ShUIZ, JoslhUa
71 Soverino.Nate.09 08 17.pdf
Soveirlino, INafe
Ll Ta11eyXent.03-21-201_7.pd
Tally, IKeinf
71
Wagoner, Charles
❑ Watts.Jack.09-1
Wafts, Jack
❑ Wittenborn.Brad.08-25-17.p
WIMen1boirin, If irad
El
Wirein, Gairy
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
September 21, 2017
All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted.
Members may serve for only three consecutive full terms on the same board or commission
effective with terms commencing January 8, 1996.
Golf Course Advisory Board
Date Reappointed
11/7/11; 11/17/14
11/2/15
11/7/16
11/7/16
3/6/17
Term Expires
September 4, 2017
September 4, 2017
November 12, 2017
November 12, 2018
November 12, 2018
November 12, 2019
November 12, 2019
January 18, 2020
January 18, 2020
Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that
organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and
Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff
contact — Julia Thompson, Parks & Recreation Director 339-6340.
Date Appointed
Council member, ex -officio
Vacant*
Joshua J Schulz (Jaycees)
August 3, 2015
Eugene Farrar
July 18, 2011
Vacant*
Jerry Grim
October 15, 2012
Mark Ervin
November 18, 2013
Keith Sander
November 17, 2014
Callie Welker
May 4, 2015
Mark Moore
March 6, 2017
Date Reappointed
11/7/11; 11/17/14
11/2/15
11/7/16
11/7/16
3/6/17
Term Expires
September 4, 2017
September 4, 2017
November 12, 2017
November 12, 2018
November 12, 2018
November 12, 2019
November 12, 2019
January 18, 2020
January 18, 2020
Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that
organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and
Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff
contact — Julia Thompson, Parks & Recreation Director 339-6340.
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Staff- Bruce Taylor, Deputy City Clerk
Agenda: 9/18/2017
SUBJECT
Appointment of one member to the Tree Board for an unexpired term set to expire February 1, 2018.
EXECUTIVE SUMMARY
Due to attendance requirements, Dennis Kinkead has been removed from the Tree Board. A copy of the roster is
attached for your information.
BACKGROUND/DISCUSSION
The Tree Board is comprised of the Public Works Director, Parks and Recreation Director, one member of the Parks
and Recreation Advisory Board, and four residents of Cape Girardeau selected by the City Council. Members serve
a three-year term. The following individuals have expressed interest in serving on this Board, and their advisory
board summary sheets are attached.
Berry Burge Wesley James
George Gasser Laura Klipfel
Jeff Green John Schmoll
Charles Heady, Jr Mindy Sinning
STAFF RECOMMENDATION
It is recommended that one appointment be made to the Tree Board for a term expiring February 1, 2018.
BOARD OR COMMISSION RECOMMENDATION
The Board recommends that George Gasser be appointed to the Tree Board.
ATTACHMENTS:
Nairne
El roster attendance
El Tree Board Roster 09-05-2017. df
El Burge. BerLiL.01 -18 �7df
El Gasser. George.02z08-17.pdf
El Green.Jeff.10-26
El Heady. Charles. 12-22-16. pdf
0.James.Wes1ey.06-23.17.pdf
Ll Kfipfel. Lau ra.2-06-17.pd
0 Schmoll.John.04.13.17.pd
Ll ShningMndy.12-08-16.pd
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Burge, lBeiriry
Gasser, George
Green, Jeff
Heady, Charles
Jairnes, Wesley
Klljpel, 1la U1 ira
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Jennifer Behnken
Robert Harris
Sven Svenson
Craig Billmeyer Parks & Rec Brd Appointee
Steve Cook, Public Works Dir
Julia Thompson, Parks & Rec Dir
Tree Board
Date Appointed
July 5, 2016
August 21, 2017
February 1, 2016
December 12, 2016
Date Reappointed Term Expires
February 1, 2018
---- February 1, 2018
February 1, 2019
--- February 1, 2019
(P&R Term Expires)
Serve three year terms, appointed by City Council. Meetings held second Monday, bi-monthy beginning in February, at noon
at the Osage Community Centre. Study, investigate, counsel and develop and/or update annually, and administer a written
plan for the care, preservation, pruning, planting, replanting, removal or disposition of public trees in parks, along streets and
in other public places. Upon request by City Council, shall consider, investigate, make findings, report and recommend upon
any special matter of question coming within the scope of its work. (Two Members added per Ord. 4516, 11/18/13) Staff
contact — Julia Thompson, Parks and Recreation Director, 339-6340.
Staff:
Agenda: 9/18/2017
SUBJECT
Advisory Board Minutes
■ Airport Advisory Board Minutes, August 8, 2017
■ Convention & Visitors Bureau Executive Board Minutes, July 11, 2017
. Parks and Recreation Advisory Board Minutes, August 14, 2017
■ Red House Interpretive Center Minutes, August 3, 2017
■ SEMPO Technical Planning Committee Minutes, August 21, 2017
ATTACHMENTS:
Marne:
❑ 5-8-17 AAB Minutes.pdf
❑ 9-5-17 CVB minutes.pdf
❑ P Advisory Minutes 8.14.17- Draft.pdf
❑ Red House Draft Minutes August 3 2017 2.pdf
Descriilrbtiion
Aiirlport Advisory IBoard Mliinu.rtes
CVI3 IBoard Mliinu.rtes
f=lanks and Recreadon Advisory IBoard I
Red IH-H'OUse Ilinteirlr iretiive Ceinteir Mliinu.rtes
AIRPORT BOARD MINUTES
August 8, 2017
Sandy's Place Restaurant
Members Present: Justin Albright, Jeff Brune, Robert Cork, Ryan Dewrock, Joe Hobbs,
Brian Ozark, Mark Welker
Others Present: Bruce Loy, Airport Manager; Katrina Amos, Deputy Airport Manager;
Derrick Irwin, Flight Line Supervisor; Joe Uzoro, Cape Girardeau City
Council Ward 1
I. Minutes of Previous Meeting:
The meeting was called to order at 11:33am. Mr. Welker moved and Mr. Dewrock seconded
the motion to approve the minutes from the July 11, 12, 13, 17, & 18th meetings. The motion
was approved with a unanimous vote.
II. Appearances:
III. Old Business:
A. Airport Activity Report — Mr. Loy began by thanking the Board for their time and effort
during the airline selection process. He expressed that to his understanding the decision
would be made by the Department of Transportation by September 1. He was confident
that the DOT would go along with the City Councils recommendation of Skywest service
to Chicago O'Hare.
Mr. Loy went on to discuss the airport activity report for the month of July. He informed
the Board that Cape Air numbers were up across the board, 42% over this time last year,
and 15% higher year to date. He expressed that 2017 was looking to be Cape Air's
highest year at the Cape Girardeau Regional Airport. The Board also discussed the five
cancellations that were due to mechanical issues.
The air traffic numbers are "through the roof' up nearly 60% over last year. Mr. Loy
discussed how this dramatic increase in traffic is creating a huge strain on the already
understaffed tower. Mr. Welker questioned if this was leading to any over time incurred
by the tower staff and if so how much that is costing the city. Mr. Loy told him that yes,
even after reducing the operating hours of the tower, the controllers still have to work
overtime hours with minimal breaks to accommodate for the lack of a fourth controller.
Mr. Hobbs questioned why the tower was short staffed. Mr. Loy explained that the fourth
controller position was taken out of the Airports budget by city staff after a former
controller retired years ago.
It was recommended to include the Control Tower in the City's definition of public safety
which would open it up to more funding and higher priority within the city. Mr. Uzorau
liked this idea and recommended that the Board report to council on the need for another
controller. Mr. Albright suggested getting the state wide report of airport rankings for all
airports in the same class as CGI in order to compare our Tower situation to others with
the same volume of traffic. Mr. Irwin attributed a lot of this extra traffic to a flight
training school in Millington, TN that has been sending a lot of students to CGI to
practice at a controlled airport. Other flight instruction schools based at the airport have
been booming as well adding to the traffic count.
B. Cape Aviation Report — Mr. Irwin began by stating the tremendous need for more
hangar space. He explained that the requests for hangar space keep rolling in but there is
nowhere else to put them. The amount of planes currently stored in large group hangars
such as Hangar 71 (former Commander Hangar) is starting to become a safety issue when
trying to move aircraft in or out, and with Cape Aviation already being short staffed it
becomes a serious liability when trying to move aircraft. Mr. Welker proposed raising the
price of rent on private hangars.
Mr. Loy expressed that in order to build new hangars there would need to be more road
access and that with the runway 2-20 project the left over asphalt from milling will be
recycled and used to build more infrastructures around the airport. Mr. Irwin stated that
with the number of people requesting private hangar space he could fill 20-30 t -hangars
right now if they were available.
It was recommended to replace old dilapidated Air -Evac t -hangars with new pole barn
style structures. This would reduce overhead building costs and increase revenue through
rent and fuel purchases that could be used for other fully enclosed hangars.
The Board questioned whether it was still the intent of the City to sell the former
Commander Hangar. Mr. Uzorau expressed his recommendation to not sell Commander
unless it would create jobs. Mr. Loy discussed the need to update the Airports Terminal
Area Master Plan. This plan outlines needed and desired projects such as hangars,
terminal updates, surface area repairs, and an updated maintenance facility and opens the
airport up to possible federal funds for these various projects.
Mr. Irwin also informed the Board that the KCAC — Pilatus and Piper Great Planes Expo
would be stopping at CGI in September. They would be displaying 7-10 new aircraft for
potential customers to view.
C. Project Update —
10/28 Lighting Project Update — Mr. Loy informed the Board that the
electrical vault exterior has been ordered.
2/20 Overlay Project Update — The contract with Apex was presented at the
August 7th City Council meeting as well as the grant documentation for the
proj ect.
D. Air Service Discussion — Mr. Loy informed the Board that there was not much new to
report on the Air Service discussion except that SkyWest was asking for a three (3)
month lead time before beginning operations but wasn't exactly sure what to expect from
them j ust yet.
Potential Terminal and ARFF Upgrades — The Aircraft Rescue and Fire
Fighting (ARFF) training needs to be completed prior to SkyWest beginning
operations. It is then required that there be a live -training drill done every
three (3) years after initial training. Ms. Amos discussed the options for
different seating in the terminal stating that the current chairs in the waiting
area has been there for close to twenty (20) years and need to be replaced.
She said the lead time on the furniture would be close to six (6) weeks.
E. Fuel Distributor Contract — Mr. Loy informed the Board that the current distribution
contract would be up at the end of August. This was a five (5) year agreement with
potential for a five (5) year extension. Mr. Loy explained that they were going to amend
the extension to just two (2) years in order to scope the fuel use of the new airline service.
Mr. Irwin expressed that it would be a good idea to have another JetA truck to allow for
more than one jet fueling operation to occur at a time to better facilitate jet traffic.
The Board asked if improvements to the self -serve unit had been included in the request.
Ms. Amos assured the request had been made and the company was agreeable. Mr.
Albright suggested constructing some sort of shelter to cover the unit to better protect it
from the elements. Mr. Irwin suggested using a car port type structure.
IV. New Business —
A. Mr. Loy informed the Board that the Boy Scouts had approached him wanting to
establish an aviation explorer post at the airport. Based on previous experience with the
Mr. Loy expressed the need for a good dedicated leader for the group. Mr. Cork
suggested using an already established troop instead of trying to establish an entirely new
group in hopes that they will be more dedicated to seeing the program through.
V. Non-Agenda—
A.
on-Agenda—
A. Mr. Cork asked about the status of the gate that was damaged months ago. Ms. Amos
informed him that Bootheel Fence Company had been awarded the bid and would be at
the airport in the following weeks to make the repairs.
B. Mr. Albright stressed the importance that marketing will play in the success of the airport
during the impending airline change. He expressed that it is the responsibility of the
Airport and the City to invest in marketing strategies to ensure the success of the new
airline. Mr. Brune recommended being very aggressive on social media. Mr. Uzorau
suggested working with the Convention and Visitor's Bureau as well as the Chamber of
Commerce to get the best marketing bang for our buck. Mr. Welker recommended
reaching out to southern communities such as Sikeston, Carbondale and Poplar Bluff
And the idea of establishing a shuttle service from Southern Illinois to CGI to allow
students a way to fly to Chicago was discussed, as well as the importance of rental car
options.
Adjournment:
There being no other business, Mr. Albright moved to adjourn the meeting and Mr. Brune seconded
the motion. All were in favor. The meeting was adjourned at 12:40pm.
Minutes prepared by
Hannah Seesing
Deputy Airport Manager
PRESENT:
Danny Essner
Marla Mills
Carlos Vargas
Neil Glass
Diane Drury
Brittney Lee
Chris Edmonds
Laurie Everett
Cape Girardeau Area Chamber of Commerce
BOARD OF DIRECTORS
MINUTES
Tuesday, July 11, 2017 — 7:30 a.m.
Chamber of Commerce Board Room
PRESENT: PRESENT:
Maryanne Reese Bruce Bader
Kim Voelker Brenda Newbern
Maryann Reese
Dan Driskell
Bob Neff
John Thompson
Scott Meyer
Ken Bateman
John Mehner
Danielle Poyner
Jon Rust
Angie Umfleet
Shad Burner
ABSENT:
Kevin Greaser
Clint Tracy
Tim Hayner
Gary Howard, Jr.
Scott Ringwald
Lyle Randolph
Call to Order: Chairman Rust called the meeting to order 7:30 a.m. He announced there would be no
August Board meeting.
Minutes: With no additions, corrections or deletions, the minutes were approved as emailed and
presented.
Approval of New Members/Drop Members: Following a motion, second, and a vote, the new members
were approved and delinquent members were dropped from the roles of the Chamber and a copy is
attached to the official minutes.
Financial Statements: Mr. Mehner reviewed the financial statements from June for the Chamber. There
was no CVB statement as it is their yearend and final adjustments are being made to prepare for audit.
Financial position remains strong for the Chamber. Mr. Mehner noted the membership numbers have
improved and should continue to do so. He stated five Partners are paying throughout the year as
opposed to last year when they all paid at the beginning of the year. He added the executive committee
will make a mid -year budget adjustment to the salary expense line to reflect the addition of Taylor Laws.
Following the review, a motion was made, seconded, and passed unanimously to approve the May
statements reviewed last month.
3 Minute Survey Results: Mr. Mehner reviewed a copy of the updated survey results. He noted no
significant changes in priorities and strong evaluations on ongoing Chamber efforts. He also included the
comments to the new question added about strategic plan topics.
Strategic Planning Process Review: Mr. Mehner reminded the committee all focus group sessions have
been completed. Ms. Thomas will deliver a findings report sometime this week. The oversight group will
meet then and begin to discuss the element of a plan moving forward.
Mid -Year Priority Review: Mr. Mehner distributed and reviewed a copy of the Chamber Breakthrough,
Continuing, and Radar priorities for 2017 and reviewed the substantial progress made to date.
Executive Staff Reports: Chairman Rust reported a copy of all Executive Staff reports are in the packet.
Standing Reports:
Cape Area Magnet — Mr. Essner reported on a lot of activity but no specifics could be mentioned.
Convention & Visitors Bureau — Ms. Newbern reported on the activities of the Bureau including the
upcoming eclipse, web numbers, tax numbers, and the 4th of July activities.
City of Cape Girardeau — Mr. Meyer reported the city is changing the alcohol ordinance to allow drinks
to be served in movie theaters at the request of the new owner of Cape West Cine. In addition, the
moratorium on container building usage was extended another 90 days.
Cape Girardeau County— No report.
Southeast Missouri State University— Dr. Vargas reported on budget issues, stable enrollment, the new
University Speaker Series, and Eclipse events.
Cape Girardeau Public Schools — Dr. Glass reported students were traveling the country competing in
various activities and construction continues at several locations.
Old Town Cape — Ms. Mills reported on the start of the Downtown Trolley and Eclipse activities.
Other Business: Mr. Mehner and Mr. Meyer reported on the EAS process at the Cape Girardeau
Regional Airport.
Mr. Rust asked the Board to consider how they will handle eclipse activities.
Mr. Mehner stated he will have an update on the Drury Family Entrepreneur Award, Walk of Fame, and
more at the next Board meeting in September.
Mr. Burner announced the starting of a Manufacturers Council.
Adiourn: With no further business to come before the Board, the meeting adjourned at 8:29 a.m.
Respectfully submitted,
John E. Mehner
CITY OfCAPEI
USM-
(DRAFT)
PAR IFdiE 'REATIIOIMIDEPARTMENT
Parks and Recreation Advisory Board Meeting
Monday, August 14, 2017
The Parks and Recreation Advisory Board met for their rescheduled meeting Monday August 14, 2017 at Osage
Centre at 5:30 p.m.
Board Members Present:
Percy Huston, Chairman
Daniel Presson, Vice Chairman
Bari Neff, Secretary
Pete Frazier, Board Member
Craig Billmeyer, Board Member
Roger Hudson, Board Member
Tracey Glenn, Board Member
David Cantrell, Board Member
Ken Stilson, Board Member
Absent: Phil Cantoni, Kevin Noel
1. WELCOME/ INTRODUCTIONS
Chairman Huston called the meeting to order.
2. OLD BUSINESS:
Staff Present:
Julia Thompson, Director of Parks and Recreation
Penny Williams, Recreation Division Manager
Scott Williams, Recreation Division Manager
Brock Davis, Parks Division Manager
Kaed Horrell, Asst. Recreation Division Manager
Stacey Welter, Administrative Coordinator
A. Approval Of Minutes:
Chairman Huston requested the approval of the minutes from July 17th, 2017. Daniel Presson made a motion
seconded by Tracey Glenn. Motion approved.
3. NEW BUSINESS
A. PRS Project Review & Workshop
Director Thompson reviewed a spreadsheet that had the prioritized project lists of what the board members
had submitted. After going through the list of projects the board members openly discussed issues or concerns
they had. Some of these included fleet concerns. Should fleet be paid for our out of general fund? Director
Thompson informed them that currently there are no funds in the general fund for fleet. Another concern was
Central Pool. Would it be wise and a good investment to repair the current pool rather that building new?
There was concern of have a new youth sports complex in the list of projects at 2.5 million if that wasn't
enough money to complete the project. After reviewing each project and having more discussions, Julia
concluded with reminding the board members that this information would be presented to City Council on
September 6th. She would like as many members as possible to attend this meeting. The City Council will vote
in December on the ballot language. Director Thompson would also like to set up community group/public
meetings in October.
B. City Council Project Review and Workshop
Councilman Fox just reiterated that the council meeting will be on September 6th, and that nothing is set in
stone just yet. There is still room for discussions and changes.
Parks and Recreation Advisory Board Meeting
August 14, 2017
Page 2
C. Spaghetti Day 2017 — November 91"
Division Manager Penny Williams stated that they are raising the goal from $28,000 to $30,000. They are also
raising the price per adult ticket from $7 to $8 dollars. Board Members and supposed to look at last year's
sponsor list to see if they can secure any new ones along with renewing past donors. Please let Stacey know if
you have any questions.
D. Eclipse
Director Thompson let the board know that if anyone was interested, the SportsPlex, Osage, Arena and the
Shawnee Sports Complex are all viewing areas and anyone is welcome at these areas.
4. REPORTS
A. Parks and Recreation Project Updates
Division Manager Brock Davis reported that the trail widening is going well. The Arena Shelter/Playground
renovations north of the Arena building are finishing up this week. After the fair moves out, the restrooms,
Shelter #2 and new playground will begin. The 4H Exhibit Hall parking lot will be complete next week.
Recreation Division Manager Scott Williams reported that the SPSC Phase 2 project is under way and the
irrigation is currently being worked on. This project should be completed by October. The Musco Lighting
project for soccer fields #3, #13, and #14 will be completed by Labor Day. The asphalt overlay project at SPSC
will be completed by August. Mr. Davis also reported that Ameren UE will run electric to Cape Rock Park in the
near future. They have ran into a lot of rock in the ground that they will have deal with but the people of that
area are very excited about the project.
B. Golf Course Advisory Board
Manager Davis reported that the greens are looking really good. He announced that Adam Halter would be
resigning at the end of August, and they are currently advertising for the new position.
C. Tree Advisory Board
Craig Billmeyer reported that Robert Harris would be joining the board again as the newest member. The
meeting was lightly attended so no decisions were made.
D. Red House Interpretive Center Committee
Mr. Presson reported that they are working on a dugout canoe and the bee hive oven.
Parks and Recreation Foundation
Mrs. Neff reported that the next event is Spaghetti Day, November 9th. She reported that there are a few
positions coming opened in the near future.
F. Council Report
Mr. Fox reported that they will be getting a new council member on August 21st to take Mr. Bowen seat.
G. Monthly Staff Report/Calendar Update
Staff briefs were handed out to board members to review.
5. OTHER BUSINESS
A. Next Board Meeting
The next board meeting is scheduled for Monday September 11th, 2017.
Parks and Recreation Advisory Board Meeting
August 14, 2017
Page 3
6. ADJOURNMENT
There being no further business, the meeting was adjourned with a motion from Tracey Glenn and seconded
by Daniel Presson. Motion passed. Meeting adjourned.
Submitted by:
Bari Neff, Secretary
R® HOUSE I NTREPRE WE CENTER
August 3, 2017
The Red House Interpretive Canter Board met at the Osage Contre, 3:30 p.m. on August 3, 2017.
Present:
Don Koehler, Chairman
Brenda Schloss, Vice -Chairman
Linda Nash, Board Member
Paul Nenninger, Board Member
Board Absenteeism:
Dr. Rank Nickell, Board Member
Et an Baughn, Board Member
Deb Baughn, Board Member
Dana Deisher, Board Member
E3an Down, Board Member
11i a Thompson, Director of P & R
Daniel Presson, P & R Liaison
Marcia:ione, Recording Secretary
Board Absent eei sm
Martha 9aten, Rose Hill Garden Liaison
APPROVAL OF MINUTES June 1, 2017 & July 6, 2017 minutes.
Dana Deisher made a motion to approve the minutes for June 1, 2017 as presented with Linda Nash's second.
Motion passed. E3an Baughn made a motion to accept the July 6, 2017 minutes. Paul Nenninger seconded the
motion. Motion passed.
NEW BUSINESS
1. ELEC,TRONICMOII ON APPROVALS
Director Thompson -Jones informed the members that since theywere aboard that wasnot appointed by the City
Counca they did not to stay strictly with the same rules ofthe City Councilappointed boards. Theyhave their own
By -Laws, which govern how they run their meetings. We still post all our meetings at least 24 hours online and in
our pubfic facilities. She encouraged the members to use electronic motions, when there are not enough present at
the meeting for a quorum
2. Motion to Approve Christy Mershon As New Board Member
Linda Nash made a motion to accept Christy Mershon as a new Board Member. Dana Deisher seconded the motion.
Motion passed.
3. Review By -Laws Section 3.4 and Art ide 8
The By-Lawswere distributed to the members to review. Brenda Schloss made a motion, seconded by E3an
Baughn to change Section 3.4 to: Any member of the board who shall be absent from (5) five meet ingsin a
twelve month period without prior notification of absence shall be deemed to have resigned from the Board
and shall cease to be a member thereof, subject to reinstatement by majorityvote of the Board. Motion passed.
The Board Members then reviewed Article 8. Dana Deisher made a motion to add (if possible) to Article 8
Dissolution, Paragraph three. The Red House will be the depository for the artifacts until they are daimed and
the Board will document and maintain an updated inventory on who owns or donated each item. Linda Nash
seconded the motion. Motion passed.
4. Absenteeism Contingent on Section 3.4
Board Members present decided that the new ruling on absenteeism would go into effect this date forward.
111. OLD BUST NESS
1. 2017 & 2018 Cape Girardeau Heritage Days Update- Paul Nenninger
Roat your boat will be anew event sponsored by the Crisp Musuem. Other participating groups will be the
Glen House, Rver Heritage Museum and the Red House. The Glen House and Rver Heritage Museum will give
their standard tours on Saturday, September 30th only. The Nina and Pinta will be on display at the Rverfront
from September 28 -October 1.
2. Update on Lumber for Bee Hive Oven 9ielter
Stan Downswas able to obtain one-half of the lumber that is needed from his original lumber company, so
Don Koehler didn't make any lumber purchase for the Bee Hive Oven 9ielter.
RED HOUSE INTERPREfIVECENTER
AUGUST 3, 2017
PAGE 2
3. Update on Dugout Canoe - Don Koehler
Don Koehler reported that the dugout canoe is still progressing.
4. Update on Placement of Old Lorimier Historic Piece - Stan Baughn
San Baughn reported that he would talk to Jm Crites tomorrow in regards to transporting the historic wood
piece.
V. REPORTS
1. Staff Briefs
The July Gaff Briefswere distributed to the Board Members for their review. Director Thompson -Jones
reported that the concessions and eventsfor the department are up. She invited the members to attend Cape
Splash's Free Annual event each year for our boards, committee members and their family.
2. Red House Interpretive Center Annual Sponsors
Paul Nenninger reported that they have two annual sponsors- Rushing Marine and Montgomery Bank. They
will advertise their sponsorships on the Red House door. Stan Downs knows an art student that hasoffered to
paint the sign.
3. DOCENT REPORT -
Don Koehler reported that they had two riverboat days and everything went well with four workers on duty
both days.
4. SPEAKERS SERIES- DON KOEHLER
Chairman Koehler informed the membersthat the dugout canoe event brought the best attendance of 34 this
season for the Speaker's Series. Don will be cooking in the Bee Hive Oven tomorrow evening.
Stan Downs presented a photo of an area that is partially fenced on the Red House property. He requested
permission to make a storage area on this 7' x 4' site. He would need to get concrete for the floor, small gate and
additional fencing. He hassecured some used metal roofing.
Dana Deisher presented photos of the Red House sign compared to Cepaha and Indian Park Sgns. Those present
all agreed that the letters on the Red House sign needs to be painted to be more noticeable, but felt that they
should consult Craig Thomas first. S)me of the letters on the sign are weak and will need to be repaired. San
Downs said he could reinforce the letters.
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There being no further discuss on the meet ing adjourn ed. The next meeting will be held on Thursday, September 7,
2017 at the Osage Cent re at 3:30 pm.
Respectfully submitted,
MarciaStone, Recording Secretary