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Home My WebLink AboutCouncil.Agenda.12-03-18.Packet , CITY OF CAPE GIRARDEAU, MISSOURI City Council Agenda r � Bob Fox, Mayor City Council Chambers Dan Presson, Ward 1 City Hall Shelly Moore, Ward 2 401 Independence Victor Gunn, Ward 3 Robbie Guard, Ward 4 Agenda Documents, Videos Ryan Essex, Ward 5 Minutes, and Other Information: Stacy Kinder, Ward 6 www.cityofcape.org/citycouncil ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ December 3, 2018 5:00 PM Invocation Adrian Taylor of Lighthouse Breakthrough International Ministries in Cape Girardeau Pledge of Allegiance Study Session No action will be taken during the study session Presentations • Missouri's Bicentennial 2021, Michael Sweeney, Missouri Historical Association • Chamber of Commerce, Convention& Visitors Bureau and MAGNET Annual Report Communications/Reports Items for Discussion • Appearances regarding items not listed on the agenda This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes. The timer will buzz at the end of the speaker's time. • Agenda review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings 1. A public hearing to consider a request for a special use permit for purposes of constructing, maintaining, and operating a telecommunication tower at 1157 South West End Boulevard. (Item 9; BILL NO. 18-169) 2. A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding recreational vehicles. (Item 10; BILL NO. 18-170) Appearances regarding Items Listed on the Agenda Individuals who wish to make comments regarding items listed on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must stand at the public microphone and 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. 3. Approval of the November 19, 2018, City Council regular session minutes. 4. BILL NO. 18-152, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the southwest corner of Hopper Road and Old Hopper Road, in the City and County of Cape Girardeau, Missouri, from R-1 to R-3. Second and Third Readings. 5. BILL NO. 18-163, an Ordinance Appropriating Funds for Capital Expenditures for Parks and Stormwater Improvement Projects, from bond proceeds and from revenues of the Capital portion of the Parks/Stormwater Sales Tax. Second and Third Readings. 6. BILL NO. 18-164, an Ordinance amending Section 25-113 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Administrative Relief and Exceptions. Second and Third Readings. 7. BILL NO. 18-168, an Ordinance approving the Record Plat of Rhodes Mount Auburn Subdivision— Amended. Second and Third Readings. 8. Acceptance of Improvements and Authorize Final Payment for 2017 Wayfinding Signage Project. Items Removed from Consent Agenda New Ordinances 9. BILL NO. 18-169, an Ordinance granting a Special Use Permit to Sprint, Cellective Solutions, LLC, and the City of Cape Girardeau, Missouri, for purposes of constructing, maintaining, and operating a telecommunication tower at 1157 South West End Boulevard, in the City and County of Cape Girardeau, Missouri. First Reading. 10. BILL NO. 18-170, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Recreational Vehicles. First Reading. 11. BILL NO. 18-171, an Ordinance amending Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding renewal period and reciprocity of trade licenses. First Reading. 12. BILL NO. 18-172, an Ordinance accepting a Permanent Drainage Easement for 439 Optimist Drive, from Billy Joe Bragg and Carol Ann Bragg in the City of Cape Girardeau, Missouri. First Reading. 13. BILL NO. 18-173, an Ordinance approving the Record Plat of Crowe Subdivision. First Reading. 14. BILL NO. 18-174, an Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding liquor licenses. First Reading. Appointments 15. Appointments to the Golf Course Advisory Board. 16. Appointments to the Convention& Visitors Bureau Executive Board 17. Appointment to the River Campus Board of Managers 18. Appointment to the Show Me Center Board of Managers Other Business Meeting Adjournment Closed Session 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, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, 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, pursuant to RSMo. Section 610.021(1). Memos • Appointments to the Cape Girardeau Area MAGNET Board of Directors Advisory Board Minutes • Advisory Board Minutes --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planaer Cape Girardeau City Council 018 • SUBJECT A public hearing to consider a request for a special use permit for purposes of constructing, maintaining, and operating a telecommunication tower at 1157 South West End Boulevard. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A public hearing has been scheduled for December 3, 2018 to consider a special use permit request for a proposed replacement telecommunication tower at 1157 South West End Boulevard. An ordinance granting the special use permit is on this agenda as a separate item. BACKGROUND/DISCUS SION A special use permit application has been submitted for the property at 1157 South West End Boulevard. The property is owned by the City and is zoned R-2 (Single-Family Urban Residential). The applicant (Sprint c/o Cellective Solutions, LLC) is proposing to replace an existing telecommunication tower. The existing tower is covered by a special use permit approved in 2005 (the site was zoned M-1, Light Industrial District at the time, which permitted a telecommunication tower as a special use). The proposed replacement tower will be located in the same compound as the existing tower but will be offset by 10 feet. The proposed tower is 47.5 feet taller than the existing tower (197.5 feet proposed vs. 150 feet existing). The existing tower was constructed as a "stealth" monopole with no exposed antennas or radio heads. Some of the covering was later removed, presumably to improve signal performance. The proposed tower is a "semi-stealth" monopole with the antennas and radio heads shrouded by canister-style covering. Certified copies of the application, application file, and the following applicable sections of the Zoning Code are attached: Section 30-401 - Special Use Permits Section 30-404 - Telecommunication Towers A public hearing has been scheduled for December 3, 2018 to consider the special use permit request. An ordinance granting the special use permit is on this agenda as a separate item. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- See the attached staff report for analysis. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The staff report to the Planning and Zoning Commission recommended approval of the special use permit request, subject to several conditions. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The Planning and Zoning Commission held a public hearing on November 14, 2018 and recommended approval of the special use permit request, subject to the staff recommended conditions, with a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City Council's public hearing was advertised in the Southeast Missourian on November 18, 2018. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Nairne: Descriilrbdiion: 1157 SOLAIlh Wesd If.ind I ❑ Staff Review-Referral-Action Form. (Tellecoirn•nirYWniicad on Tower) Sdaff RRA f crirn•n 1157 SOLAIlh Wesd If.ind If.:�llvd ❑Staff Report P Z SUP 1157 S West End Blvd Telecommunication Tower.pdf (fellecoirnirYWniicabon Tower) Sdaff IRelrrooird 1157 SOLAIlh Wesd If.ind ❑ Map 1157 S West End Blvd SUP Zoning.pdf I fellecoirn irYW niicabon Tower) Zoning IIdllalrro 1157 SOLAIlh Wesd If.ind ❑Map 1157 S West End Blvd SUP FLU.pdf �llvd (fellecoirnirYWniicabon Tower) F1...d.1 IIdllalrro 1157 SOLAIlh Wesd If.ind ❑ ST04W697 City of Cape Girardeau Special Use Permit Application.pdf I (fellecoirnirYWniicabon Tower) Alpplliicabon 1157 SOLAIlh Wesd If.ind I ❑ _ST0_4RW697_Legal Description for Parent Parcel Leased Area and Access Easement. (Tellecoirn•nirYWniicabon Tower) II...egall DescriilrbHon 1157 SOLAIlh Wesd If.ind ❑ ST04 W697 Survey 07082005. df I (fellecoirnirYWniicabon Tower) Siide Survey 1157 SOLAIlh Wesd If.ind ❑ ST04 W697 SS Final Zoning 10-3-18.pdf I (fellecoirnirYWniicabon Tower) If="Ileus 1157 SOLAIlh Wesd If.ind ❑ ST04 W697 Photosim of 199 Ft pole with KMW canister and No MW.JPG I (fellecoirnirYWniicabon Tower) I GlimUlladoin 1157GoLAIhWesEmd Blvd L| (Te|eoommunioetion Tower) Adj�eoent PmpeiftyOwners .Sec 30-401 - Special Use Permits. Gedion30-401 U Gpeoie| Use Permito Gedion30-404 L-1 Te|eoommunioetion Towers CITY OF CAPE GIRARDEAU, MISSOURI City Staff.R.eview, Referral and.Action on Special Use Permit Application FILE NO, 1379 LOCATION: 1157 South West End Boulevard STAFF REVIEW&.COMMENTS. Cellective Solutions, LLC is requesting a SUP to replace an existing cell tower on property leased from the City of Cape Girardeau in the R-2 (Single-family Urban Residential)zoning district at 1157 South West End Boulevard. SEE STAFF REPORT FOR FURTHER INFORMATION. City Ifq'annex Date e 71, Cit ter Date CITY MAN FERRAL TO THE PLANNING AND ZONING COMMISSION- 1'C'6 Manager Date Planning & Zoning Commission Public Hearing Posting Date: Public Hearing Date: 11/14/18 RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Larry Dowdy a, u Ll Bruce Skinner Lj L) Jeff Glenn La"', L3 Lj Doug Spooler La L3 U Kevin Greaser Lj L) L) Tom Welch Ll Lj Patrick Koetting Lia" Lj Lj VOTE COUNT: — ( 0 Favor Oppose 'J Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: .K+ifi 4&areaser- Jeff Glenn Planning & Zoning Commission Chairman City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance I't Reading_ Ordinance 2nd& 3rd Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: November 14, 2018 SUBJECT: Special Use Permit to Replace Telecommunication Tower at 1157 South West End Boulevard A special use permit application has been submitted for the property at 1157 South West End Boulevard. The property is zoned R-2 (Single-Family Urban Residential). The applicant is proposing to replace an existing telecommunication tower. The existing tower is covered under a special use permit that was approved in 2005. The proposed replacement tower will be located in the same compound as the existing tower but will be offset by 10 feet. The proposed tower is 47.5 feet taller than the existing tower (197.5 feet proposed vs. 150 feet existing). The existing tower was constructed as a "stealth" monopole with no exposed antennas or radio heads. Some of the covering was later removed, presumably to improve signal performance. The proposed tower is a "semi-stealth" monopole with the antennas and radio heads shrouded by canister- style covering. The Zoning Code authorizes the City Council to approve special use permits in accordance with Section 30-401. In order for a special use permit to be approved, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. City staff has reviewed the criteria and made the following determinations: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: The proposed telecommunication tower will not generate any traffic except for technician trips and thus will not increase traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The proposed telecommunication tower will be constructed in compliance with the City's construction codes and thus will not increase fire hazards. GI84AD\GS\ ,,g ;9,1; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding: The proposed telecommunication tower will replace an existing telecommunication tower. The proposed tower will be in the same general location as the existing tower and will have a similar appearance except for the additional height. With the exception of an apartment complex and a mobile home park directly across the street, the immediately surrounding area is mostly non-residential. The existing tower is already clearly visible to those in the apartment complex and the mobile home park, and the additional impact created by the proposed tower will be minor. Thus, the proposed telecommunication tower will not adversely affect the character of the neighborhood. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The proposed telecommunication tower will allow the service provider to make the upgrades necessary for improving its services throughout the region. Thus, the proposed telecommunication tower will not adversely affect the general welfare of the community. Criterion #5: The proposed special use will not overtax public utilities. Finding: The proposed telecommunication tower will only require electrical utility service, which is already being provided for the existing tower. The proposed tower will not generate an electrical demand in excess of the capacity available and thus will not overtax public utilities. In reviewing the application, staff identified one (1) variance. Section 30-404(a)(2) of the Zoning Code requires a telecommunication tower to be designed to accommodate the co-use of at least two (2) other providers and to be made available to other providers for co-use for reasonable terms. The applicant has indicated that due to technical constraints, the proposed telecommunication tower cannot be designed for co- use by other providers. Staff supports a variance to allow the proposed tower to be designed for use by only one (1) provider, for two reasons. First, the telecommunications network in this area has been in existence for many years. The likelihood of additional providers seeking to co-locate at this location in the future is low. Second, in order to accommodate co-use, the design of the proposed tower would have to be substantially modified, resulting in additional height, thickness, or other changes that could make the appearance of the tower more intrusive to the neighborhood. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES Based on the above findings, staff recommends approval of the Special Use Permit request, subject to the following conditions: 1. This special use shall meet all applicable requirements of the Zoning and Development Codes except for the variance noted herein. 2. Major modifications to this special use shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. 5. A variance from Section 30-404(a)(2) of the Zoning Code is granted as part of the approval of this permit. The telecommunication tower shall not be required to accommodate the co-use of other providers. 6. The exterior color(s) of the telecommunication tower shall be subject to approval by the City staff. 7. If the telecommunication tower is used as a flagpole, it shall be illuminated when displaying a flag during non-daylight hours. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 1157 South West End Boulevard Special Use Permit Request /823 Special Use Permit requested for a cell tower 1013 in the R-2 Zoning District X901, g r 1013905 rrent Zoning District: R-2 (Single Family Urban Residential District) 1012 �� 911 Future Land Use Recommendation: Parks and Recreation 1,�, ��,�� /r,/i ///i%!i / ei,/ r///✓ / / //// / r� 1020 1010;..:,...1006 1003 1007 , I /�/ / ��,/ 1 i, � , , �✓�� , �, ��, ,,, � �� 1098 �fiir 1 �`, , �� i ✓/ ,i � ,r/1�� /r/��,,,i/ � �,i' ,. . ;;:.1228,, ..,.,1025 '�lJ. „ , , %� /..✓/ �� ., rllllll I �� it �rr,../ ,f..,/ r,,.; r,. �,,...Ny.., � I, �r rro,r<,.., M. /////„(„� a„ri.. /i.. � //i,1/l/l � ,,,.,� F ,. /✓� % .,, ,,,, iii 1, .„ fr 918 frr ��i//i �,,1 i,;, 1„u,,,,, � �� ,(✓ /r, f, � llr & �f4V) �, a �, Hl 4� 1 �l/ if :.: i..r ,�,,-. ,;1 ,� �Vis; ,.� ,�� ;. / � � f.�rf✓f i; �i. 9 „r C126 ' 00 12 .1n'� 0 1220"', Cell Tower Location ail %/o 123 , 3 Q� ✓//� / r�i�% �// ,�� /o, �itilr��, �1 �/, 1349 a � � /�rl �,i, p 909 1241 „Iii r/,r „i/ /�, f5/i „rl� i�/.,, ,,.1:,➢ , .�. 1, „ / �,,, 71n 909 1221 � I 921 r,,,,,J��/��l�i!/ „��i� �Y ,f/rl�� ; r J �1, IY✓l //4,'% � �e��1400r , �'�� r I/ �, 1 r „r,,, /� �i r� � �f r,.,„,l r �� r �/� � „<., !;rix ;..�� /rl �,„. � / d✓//I� „,„ .fil,- ;rr i �a. r1�%%/...� l /,. ,,. /,/ �/ -i / i, uir 400 ,ii, v ; �!!,l� wry ,,, ? i. ✓�, ; 00 ,Yrr✓,;. , ... ; 921: 140 h1400�;1400� 1400 1400 ,r �i f, ory N / 9 /lift r% 1 ; r ra , 1 0 1400„ 40 ,y % / ,1400 ;,1400%;1400 ,,,1400 is /�,f, ii�( i, v 1 ) rioiii////A, o% '0„+ f-.1400 4�yI / ,i r 1400 14001400 ° ,, , " � i ;1400 4,o Al f / //// 'x!r 1400 1400 ria, 2r, n ��l/if %I �r +/1 ✓��/�r r ,,, ( „ �! �j D ,r!�` �% �,',., �,/i0i e r� / q /�/'/r i �; i 1310 �/ � / � �/� r%�1 V , l 1330 ;rP(r,rirrrao�/ � l 1421 % i ii ,r. ,. / NLegend r �f erns y f. W Parcels U N. Zoning s ,, �� l, �� 1329 1 'G�+UI ,i �N�'' '' District r 1 �� 9 m a r � U M1 . „ CITYof CAPE 1389 � � f�� ...1 RMH r. �, / / G I R A R D E A U � �� 1 i Created by: Development Services ( �/ R4 Carol Peters R2 ;r October 10, 2018 C2 C2 p 1 1157 South West End Boulevard Special Use Permit Request ,, ' `' Special Use Permit requested for a cell tower `$ r L' / p q 35 +l4 fl j in the R-2 Zoning District 1013 1013 Current Zoning District: R-2 (Single Family Urban Residential District) -� 1012 Future Land Use Recommendation: Parks and Recreation i>, %, ,//ii "'%/%Orr%/// o //,%%��c: r<% %1 . ' /,,/,//1240° 100 % ":1264,„�,'�� x:1240 �. ", y(,� r / 1003 ..11 1232 89 36 - e 1076��au4r,�>� ' � /,/ r/;r;, / , i��/ /✓1/ /�,,% ';,, /%L//,r� ,,��ir, 1 ., r .. ,,,,,.:";..1228. �r1224 1088/o 1072, ,� �""✓ o/r ��% ��/ii /%%%///%��/r „J��i �//� ;,"f 1224 a �� 1088 ,"1080 102 9• 1098 / ,,, I(,�,M � „1017,: 1105 . f•�.r+ f �� r r � ��/ Jor ��/ r �Ir/I �� ////i /Oiir 9�� •xti �l' r ; ,,. rr�„ 1109 1 � �! r Ave ' r% %% i%f Ji. 1 ,1200 , •�. %l�/fYh10/IIPrVf�Y�pgY�, I �I ' io(ri�l(l(rtrrrrrn Yrrfi rrtrri iio iR�fPrrrrrrrtri r��r ' 1209 '' Cell Tower LoCatI0f1 .1370 .� 9 1233 rgrv�Nu ,i Q ` /%i ii�,f ', ;� ii/i� r��tJ�'��p'i�� ••••.. 1"327"1311 1231 o 1345 1323 1303 rio // „r �, J /�/1� %pl/l •o .., 1241 Q) 00 1 14 1241 1400 1 400 II 1400 1400 „" � u�,�r; '� J iii 1400 14001400 � r, 1400 1400 1400 1310 rr l INlllllli I ui r�- � rnlll 1330 Legend 1454 ,; Parcels pD f N Future Land Use 1, r W E P Downtown Commercial r fern �r v r General Commercial High Density Residential CITYOfCAPE Institutional G I R A R D E A U r Light Industrial Created by: Development Services Carol Peters �j I �� Mixed Use October 10 2018 Ir� '�� 0 Parks and Recreation REZONING l SPECIAL USE PERMIT APPLICATION CITY 0 "Nx DEVELOPMENT SEWCES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63763(573)339-6327 Property Address/Location 1157 South West End Boulevard', Cape Girardeau, MO 63703 Appliicant Property Owner of Record (if other than Applicant) Sprint c/o Cellective Solutions, LLC City,of Cape Girardeau Mailing Address City,State,Zip Mailing Address City,State,Zip 340 Marshall Road Valley Park, MCI 63088 401 Independence Cape Girardeau„ MO 63703 Telephone Email Telephone Email I! 314-989-98110 susari@cellectivesolutions.com Contact Person (if Applicant is ca Business or Organization) (Attach additional owners information, if necessary) Susan Storie Type of Request: Rezoning,Special Use Permit,or Both Spedal1 Use Permit Existing Zoning District Proposed Zoning District(Rezoning requests only) R-2 Single Family Urban Residential District Legal description of property to be rezoned and/or upon which the special use is to be conducted See Attached Parent Parcel description, Lease Tract Description, and 20'AccesslUtility Easement Description New tower will be within the same leased area- 10 feet from existing tower Describe the proposed use of the property. Replace existing camouflaged telecommunications facility with a new 199'open telecommunications facility ii i Application continues on next page OFFICE USE ONLY Date Received&By File No. MUNIS Application No. Planning&Zoning Commission Recommendation Date City Council Final Action Date it Revised 08/11/2016 Special Use Criteria(Special Use Permit requests only) Explain how the Special Use Permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. No-replacement of existing telecommunications pole will not increase traffic 2) The proposed special use will not substantially increase fire hazards. No- replacement of existing telecommunications pole wall not increase fire hazards n 3) The proposed special use will not adversely affect the character of the neighborhood. No - replacement of the existing telecommunications pole will have no adverse affect 4) The proposed special use will not adversely affect the general welfare of the community. No - replacement of the existing telecommunications pone will have no adverse affect S) The proposed special use will not overtax public utilities. No-replacement of the existing telecommunications pole will not increase the use of public utilities ADDITIONAL ITEMS, In addition to this completed application form,the following items must be submitted: E�IJiIII�E1 ✓ Application fee($135.00 payable to City of Cape Girardeau+additional$80 for Planned Development rezonings) J one(1)list of names and mailing addresses of adjacent property owners See instructions for more / one(1)set of mailing envelopes,stamped and addressed to adjacent property owners information. ✓ one(1)full size copy of a plat or survey of the property, if available / one(1)full size set of plans,drawn to an appropriate scale,depicting existing features to be removed,existing features to remain,and all proposed features such as: buildings and structures,paved areas,curbing, driveways, parking stalls,trash enclosures,fences, retaining walls, light poles, detention basins, landscaping areas,freestanding signs, etc.. (Planned Development rezonings and Special Use Permits only) ✓ Digital file of the plans in .pdfformat(Planned Development rezonings and special Use Permits only;can be emailed) one(1)set of Planned Development documents(Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s)of Record for the property described in this application; 2) They acknowledge that an approved Special Use Permit becomes null and void if the use for which the permit was granted does not commence within twelve(12) months of the approval date, unless an extension has been granted'; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property owner of Record Signature and Printed dame Date (Provide additional owners signatures and printed names in the space below,if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf,and that the Property Owner(s)of Record hereby agree to the above certifications, Applicant signature and Printed game 'TM ' � . �°" � Date r .. Revised 08/11/2016 CITE! OF CAPE GIRARDEAU REZONING / SPECIAL USE PERMIT APPLICATI N INSTRUCTIONS Due to the complex nature of zoning,it is strongly recommended that an applicant discuss their request with City staff prior to filing an application for a rezoning or a Special Use Permit. To speak with a staff member, contact the Development Services Department at(573) 339-6327, Applicants should also discuss their request with adjacent property owners, tenants, and other parties that may be affected should the request be approved. As part of the application, a list of the property owner of record's name and tax mailing address for each adjacent property must be submitted. "Adjacent property" means a property that is next to, or, across a street or alley frorn, the property for which the rezoning or Special Use Permit is being requested, including diagonal orientation. To obtain property information, contact Cape Girardeau County Mapping and Appraisal at (57'3) 243-3123 or visit the County's website at www.capecounty,us, In addition to the list, one (1) set of plain white, business size mailing envelopes properly affixed with first class U.S, postage and addressed to the adjacent property owners must be submitted. Do not include a return address;the City will add its,return address to each envelope prior to mailing the public hearing notice. For requests to rezone a property to PD (Planned Development), please refer to Section 30-341 of the Zoning Code for additional submission requirements. Rezoning and Special Use Permit requests are reviewed by the Planning and Zoning Commission. The application deadline is three (3) weeks prior to the meeting date. The Planning and Zoning Commission meets on the second Wednesday of each month. Applications must be submitted in person or delivered to; City of Cape Girardeau, Development Services Department, 401 Independence Street, Cape Girardeau, MO 63703 Staff will review each application for completeness. If additional information its needed,the applicant will be contacted. Incomplete applications will not be reviewed until the requested information is provided. Once an application has been deemed complete, it will be placed on the Planning and Zoning Commission agenda. A notice of public hearing will be sent to the applicant and the property owners of record for the property pertaining to the request as well as the adjacent properties. In addition, a sign containing information about the public hearing will be posted on the property pertaining to the request. The Planning and Zoning Commission will hold a public hearing on the request. The applicant, property owner(s) of record, or their representative must appear at the hearing and present the request to the Commission. If no one appears, the Commission may table the request. If the Planning and Zoning Commission recommends approval of the request, a public hearing before the City Council will be scheduled. A notice of the public hearing will be advertised in the newspaper. An ordinance approving the request will be prepared for consideration by the Council (if a request involves both a rezoning and a Special Use Permit, two separate ordinances are prepared). If the Planning and Zoning Commission recommends denial of the request, it will be forwarded to the City Council at its next meeting. The Council may either set a public hearing on the application, or file the application. If the application is Red, a letter will be sent to the applicant notifying them of the filing and their right to request a public hearing within ten (10)days. If the applicant fails to request a public hearing within the ten(10)day period,the application will be denied. If the rezoning ordinance passes, it will become effective ten(10) days after the date of passage. If the Special Use Permit ordinance passes, staff, after the ten (10) day period, will submit the document to the Cape Girardeau County Recorder of Deeds Office for recording. A copy of the ordinance(s)and recorded document will be mailed to the applicant. A Special Use Permit becomes null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted. Revised 08/11/2016 f Parent Parcel 11'EjcriRtiagh Part of outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East,City rind County of Cape Girardeau,Missouri. Lcas±TraeLlkscriptlown tract of land located in outlot No. 53, 'United States Private 'Survey No. 2199, Township 30 North,Range 13 East, City and County of Cape Girardeau,Missouri,more particularly described as follows: Coonmencing at the Southeast corner of Bald errltlot 53; THENCE,N83-05'26"W, 53.31 feet; THENCE, 06.54'34"E,557.47 feet,to the POINT OF BEGINNING; TI-IE'NC ,N62"08'27"W,75.0O feet; THENCE,N27"5 1'33"E, 75A feet; THENCE, 62 '01127"E,75.00 feet; THENCE, 27°51'33" ,'75.170 feet,to the POINT OF BEGINNING. 201 A u s/ tfllb Ensoulent A strip of land 20 feet in width being 10 feet on each side of the following described centcrline located in outlot No, 53, United States Private Survey No. 2199, Township 30 North, Mange 13 East, City and County of Cape Ciixardeau,Missouri,more particularly described as follower: Commencing at the Southeast corner of the above described lease tract; TBENCE,N27051'33"E,37.50 feet,to the POINT OF BEGINNING; THENCE,N83°3 '56"E,20.91 feet, TIMNCE,N15"00'54"E, 32.96 feet; THENCE,N68°18'37"E, 16.05 feet,to a point on the gest right-of-way line of West End Blvd, for a terminus. Parent Parcel DescriRdon: Part of outlot l" 53, United States Private Survey No. 2199, Township 30 North, Range, 13 East,City and County of Cape Girardeau, Missouri. J(Agse Tract Description: A tract of land located in outlot No. 53, United States Private Survey No., 2199, Township, 30 North, .Range 13 East, City and County of Ca�pe,Girardeau, Missouri,more particularly described as fellows; Commencing at.the Southeast corner of saidoullot 53, THEN CE,N83 0'05'26"'W, 53.31 feet,- T11ENCE, 06`54'34"E,5�57.47 feet,to,the P01NT OF BECjVqN1NG; NCN THE E,N62"08'27''W, 75.00.fect; THENCE,N27`5 1'33"E, 75.00 feet; THENCE,S62"08'27"E,75.00 feet; T14EN CE,S2705 1'33"W,75,00 feet to the POINT OF BEGINNINIG. 201 Aecm/Utility Easement: A strip of land 20 feet in width being 10, feet on, each side of the f6ilowing,described centerfie, n located in outlot No, 53, United States Private Survey No, 2199, Township 30 North,. Range 13 East,City and County of Cape Girardeau,Missouri,more parficularly described,as follows, Commencing at the Southeast corner of the above described lease tract; THENCE,N27'1'5 1'33".E, 37,50 feet,to the POINT OF BEGINNING; THENCE,N83035'56"E,20,91 feet, TEENCE,N151100'54"'E,32,96 feet, THENCE,N68111 8137TI, 16.05 feet„to a point on the west right-of-way line of West End, Blvd, for a terminus. tTj I�. C7c t viol LUJILLUI iJ3 x #" . � 4� 3 a ix I Mi 2 Nrx A` t � Y Ph 3 R bi ffi ig gR Oil S � Jim Q� 00 o CD Qz a w C— ° 111 cn � x � i aw a II a o� IN � G f f l > M M Q U Q C7 � lr" pne 01 PAl s� U a e pj ..4GAA z S,ljagPV 10 1 Z c U r s `L Z zFS F �_a o z - i 10 U'c O '` 3 i F ao a C o Q . z 1 < J u Z3 10 J W Q .. 20 owl OO2 /JgCa 'o - x ? ri Zz, U " 'z F-1 z JZZz`"ai z? Cor rv.. OOZQ i� L)i 00 10 (J U ww - W a o` �Fxox nz e,Wo F �� W a Z •� _ U Ywz 0�� Pr � J°oh�x a - u�=cu rz ��uc;u� _ U a�0 Q IV Y o m IDr-- w z U Vf 000 ° � a a q Q F�U� W3 Lj— cn i 3 O zp3 rn Qy0 W N _ p Iz d -8 d ¢ a 0 NSN oo¢N a c>�4o c��4o o 3 3 Sow xpr X Z Z WZ N U � o i o 3 0 zZ uw N a - � r I Q Az Z p > ZN US -Z, NS z aap z apU z 3� 3F NO Sow NO w Z- Z" w ZQN w .ry Vi Q w �i z w - U r _ (n a 10 O w �^ m oQ g >J 10 o ww w U - Y LU iw w w�aaoz �� a m �m�o�oor�� O� o oow oz� J www0 rrG2 Q >o>o>oa or w�zw�z�Q�o ww ooaaa�a ord?zffira O E�i opo 000 1omaa LU LU W aaaa¢amcwivvuc�oo�wwww�,w wLLLLc�c�c��zo>o da�zz »fir m I��I�I ISI w� �aaQam -x- a m�zomw�� 000000-wwwwww-�c�c�c�c�a.....zdoaa�zzm�G�»six o��r : \ / \0- ` 5 } .«, \ _ , r\ \_ ` 6 j (\ �ID /= ' w/ \ ) @ k< ?\ r / _ - « , \ [ \\ E / /{ \. ,/ 2 (( ; m ! } (§ >e r \ w, \ ® 4! » _ : - \ eLL - ~ / 3SE \ lz Zzo \){ §§ \` «<«, c c c :— z _ d Z y�22_____ 222222222222_\ ' \ /. 10 \\ �\ \ }g\ \ e / Zzm jo 10 , ( a : \ ( \;!G 5". / \ l � / / ' uuV m V u II ,i /,,,,, /, rff l ( � fir rI . l � � N l,�,f / 1 � J // / 1J 0 / r / rrr�� f / �t�'�1�Jig ulii �, � il� � II illllllll,, �IIIIIIII L..i „�� Imiiuilllllllulll �°�� uuuuuuuullllluiu�u�iiiii�i�j�j��l'll� 1u,4 � ii Ili VV�uuili�Y � +VIIIA "ii i ;� �r pull I Ill viii i o I III ff rrrrr/ /ii rii� /////////,rrrrrrrrrrrrrrrrrrrrrrrrrr // ,rrrrrrrrrrrrrr Names and Addresses of Property Owners Adjacent to 1157 South West End Boulevard Blattner& Erlbacher LLC 600 Highland Cape Girardeau, MO 63701 Bob Robison ETAL c/o Billy Mabrey 2766 Gordonville Road Cape Girardeau, MO 63703 (2 Parcels—211130001001000000 & 211100041005000000) Cape Girardeau Community Sheltered Works d/b/a VIP Industries Inc. PO Box 831 Cape Girardeau, MO 63702 Cape Girardeau Properties III LP PO Box 68 Clarkton, MO 63837 CFB3 LLC c/o Blattner Steel PO Box 2137 Cape Girardeau, MO 63702 City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 (3 Parcels—203160001005000000, 211090028001000000, & 211130003003010000) Cornerstone Assembly Inc. 298 N West End Blvd Cape Girardeau, MO 63701 Danny E Dumey Trust ETAL c/o Danny E& Brenda K Dumey 26093 US Hwy 61 Benton, MO 63736 Darrell & Virginia Miller PO Box 142 Chaffee, MO 63740 Donald W Beasley Jr. Trust 501 Windwood Lake Drive Cape Girardeau, MO 63701 East Missouri Action Agency Inc. 107 N. Industrial Park Hills, MO 63601-3177 Genevieve Brinkopf 915 Minnesota Cape Girardeau, MO 63703 Kidds Oil Co Inc. 1759 Wilson Road Cape Girardeau, MO 63703 Larry Haertling Living Trust 3029 Patriot Drive Cape Girardeau, MO 63701 Leon Frederick& Kimberly Ann E Brinkopf 927 S Minnesota Cape Girardeau, MO 63703 Narvol A Randol Jr. & Amy C Randol ET UX 407 Ridgefield Drive Cape Girardeau, MO 63701 Ranney Park Development LLC PO Box 1568 Cape Girardeau, MO 63702-1568 REC Investments LLC 200 ERB Industrial Drive Fenton, MO 63026 Six Thirty Inc. c/o Tim Goodman 276 S. MT Auburn Road Cape Girardeau, MO 63703 Society For Propagation of the Faith c/o Glenn A Eftink PO Box 640 Advance, MO 63730 The Board of Trustees Cape Girardeau County Public Health Center 1121 Linden Street Cape Girardeau, MO 63703 11/27/2018 Cape Girardeau,MO Code of Ordinances 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 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 forspeciai 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. (Ord. No. 5012, art. 7, 10-2-17) Editor's note— Ord. No. 5012, art. 7. adopted Oct. 2, 2017, repealed the former§ 30-401 and enacted a new section as set out herein. The former§ 30-401 pertained to similar subject matter and derived from Ord. No. 4109, art. 2. adopted March 1, 2010. 1/1 11/27/2018 Cape Girardeau,MO Code of Ordinances Sec. 30-404. -Telecommunication towers; standards. (a) A special use permit is required for a telecommunications tower in all zoning districts within the City of Cape Girardeau. No telecommunication towers shall be allowed on any right-of-way.The location of a telecommunications tower is subject to the following conditions: (1) The applicant shall identify the location of the proposed tower on a map showing the other tower locations within the city. If the proposed tower is located within one (1) mile of an existing tower, the applicant must submit evidence demonstrating why the existing tower is not suitable or available for co-use. (2) The tower shall be designed to accommodate the co-use of at least two (2) other providers and made available to other providers for co-use for reasonable terms. The applicant shall provide a notarized statement as to the availability of the tower for co-use. (3) The design of the tower and accessory structures shall maximize the use of building materials, colors,textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment. (4) The tower shall be set back from the right-of-way line of any public street up to a distance equal to the height of the tower.The tower shall be set back from any structure a minimum distance equal to one and one-half(11/2)times the height of the tower. (5) Towers or antennas located on structures shall not extend more than thirty(30)feet above the highest point of the structure. (6) The tower and antennas shall meet all federal regulations, including, but not limited to, Federal Communication Commission (FCC)emission standards and Federal Aviation Administration (FAA) lighting requirements. (7) Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the city with a copy of the notice to the FCC of intent to cease operations.All obsolete and abandoned towers and accessory facilities shall be removed within six(6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations.The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the city may cause the tower to be removed and issue a special assessment tax bill for the cost of said removal,which shall be a lien against the real property affected. (Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4206, art. 33, 3-7-11) 1/1 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planner2/3/2018 • SUBJECT A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding recreational vehicles. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A public hearing has been scheduled for December 3, 2018 to consider a proposed amendment to Chapter 30 of the Code of Ordinances regarding recreational vehicles. The first reading of an ordinance approving the amendment is on this agenda as a separate item. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City periodically receives complaints from citizens about people living in recreational vehicles on single- family lots and other locations where they are not permitted to do so by law. Although there are various sections of the Code of Ordinances staff uses in investigating such complaints and enforcing violations, it was recommended language be added to the Zoning Code (Chapter 30 of the Code of Ordinances)to define a recreational vehicle and to prohibit its use as a dwelling except as provided for elsewhere in the Code. The attached ordinance amends Chapter 30 to establish regulations for recreational vehicles. The amendment adds a definition of recreational vehicle to Section 30-105 (Definitions) and adds a new Section 30-414 entitled "Recreational Vehicles". Section 30-414 prohibits using a recreational vehicle as a dwelling, with two exceptions. The first exception pertains to travel trailers in mobile home parks, which may be occupied upon grant of a permit by the City Council (Section 27-41(c)). The second exception pertains to travel trailers in travel trailer camps, which may be occupied for up to twelve (12) months (Section 27-42(i)). Section 30-414 also prohibits connecting a recreational vehicle to a utility line unless the recreational vehicle is used as a dwelling in accordance with Sections 27-41(c) or 27-42(i). A public hearing has been scheduled for December 3, 2018 to consider the proposed amendment. The first reading of an ordinance approving the amendment is on this agenda as a separate item. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the amendment. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its November 14, 2018 meeting, recommended approval of the amendment with a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The public hearing on the amendment was advertised in the Southeast Missourian on November 18, 2018. ATTACHMENTS: Marne: DescirillpHoim ❑ Chapter 30 Amendment Regarding Recreational Vehicles 2018-12-03 ChalpIteir 30 AirneindirneinIt IRergairdiiinrg IRecireadiioinall LEdits--CoPYA.2—df Vehicles(Edifts Colpy) ❑ Chapter 30 Amendment Regarding Recreational Vehicles 2018-12-03 ChalpIteir 30 Airn•nendirn•nend Regairdling Recireaboinall (Clean__Copy).pdf Vehicles(Clean Colpy) Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. -Shipping containers. 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. Scc. 30 43.4. Recireafiiona: vehl kids. 1 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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: 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). An animal feeding operation (AFO) as defined by the U.S. Environmental Protection Agency. 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 (1) 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 or naturally vegetated area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another, and to mitigate light, noise, or other nuisances. Property Line ------------------------ .... ------------------------------------ 4 L Buffryard Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or objects. Building coverage. The aggregate area of the footprints of all buildings on a lot, divided by the lot area. 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. 2 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 112 Total Height 1/2 Gable Roof Builldling Height Averge Grade Canopy. A covering, usually of fabric, attached to and supported by a wall and/or a set of poles or posts, which is open on at least three (3)sides. Carport. A roofed structure providing space for the parking of vehicles which is open on at least two (2)sides. Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal, or demolition affecting any exterior architectural feature 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. --- - --- --- Open ........ ... ...... Space 24 Conventional Lots 24 Clustered Lots No Open Space 50%Open Space Commercial recreation facility. A commercial facility providing, as a main source of revenue, one (1) or more recreation activities such as billiards, bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activities 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 operation (CAFO). A concentrated animal feeding operation (CAFO) as defined by the U.S. Environmental Protection Agency. 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. 3 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Destruction or removal of a structure or a part thereof. As it pertains to historic landmarks and districts, this term shall also include 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 (1)ordering window or station with a designated lane, providing goods or services to customers while in their vehicles without having to park. Duplex. 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. 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. 4 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Budding /— 0.5 FAR �-00, Area 4—2.0 FAP? �► 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. A side of a lot or structure contiguous to or directly facing a street. Funeral home. An establishment in which deceased bodies 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 part thereof, or a portion of a main building, designed or used for the storage of vehicles used by the occupants of the property. 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 manufacture of large or heavy articles; or the extraction, processing, or bulk storage of raw or hazardous materials. 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 commercial 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. 5 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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 manufacturing small or light articles. 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. An off-street space used for the transient parking of vehicles while loading or unloading materials, products, or supplies. 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. Corner Interior; Corner Lot Lot Lot Ilnterioir� Flag :Through: interior Lot Lot Lot Lot I Corner Interior Corner Lot Lot Lot "Franlaye Lot area. The horizontal surface area of the land within a lot boundary. Lot, corner. A lot abutting two (2)or more intersecting streets. Lot depth. The mean horizontal distance between the front and rear lot lines. Lot, flag. A lot which is recessed and situated behind another lot except for a narrow portion extending to a street. Lot, interior. A lot abutting no more than one (1)street. Lot line. A line representing the boundary of a lot on one (1)side. Lot line, front. A lot line which is contiguous to, or located in, a street. Lot line, rear. A lot line which is opposite a front lot line or, in the case of a corner lot, opposite the shortest front lot line. Lot line, side. A lot line which is neither a front lot line nor a rear lot line. Lot of record. A lot which is part of a subdivision, the plat of which was recorded in the office of the county recorder; or a tract 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. Lot, through. A lot abutting two (2)or more non-intersecting streets. Lot width. The horizontal distance between two (2) lot lines as measured at the front yard setback line. 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 6 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. 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. 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 in the office of the county recorder for 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 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. 7 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Parking lot. An unenclosed area used for the transient parking of vehicles. 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 at least two (2) sides. A screened-in porch shall not be considered open. Property. A lot or group of contiguous lots having the same ownership. fRecreational vehicle m ;reanan6flinyo3 . yr� nde or trail im s deflined Il.-)Y II°R&\Ao `301.010 �dvllflch I's des'gned, �:;onstimu�u�:ted, or sU,-)stanJa lye i�n��'ifled so illus ii may II,-)e used for the IlDuimposes of temporary Il ousl:nq q,uhers Rehabilitation. Returning a 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 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. Setback. A distance from a street line or lot line within which principal and accessory structures are prohibited. 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 property. A property meeting the Secretary of the Interior's standards for evaluating properties for historic registration or designation. Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications outlined in chapter 25. Stop work order. An order issued by the city manager 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. 8 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall not include an alley. Street, arterial. A street or road of considerable continuity which serves or is intended to serve as a 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. A street which, in addition to servicing abutting properties, intercepts local streets, connects with community facilities, and carries neighborhood traffic to the arterial street systems. Street line. A dividing line between a lot and a 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. Structure, accessory. 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. ffcessory Strucuire Prriindpal/Building IG. ................................ Building Line Structure, contributing. A structure which, by location, design, setting, materials, workmanship, feeling, or association, adds to a site's or district's sense of time and place or historical development. Structure, noncontributing. A structure which detracts from a site's or district's sense of time and place or historical development; or a structure that has lost the integrity of its original design or individual architectural features; or a structure that cannot be feasibly rehabilitated due to extensive physical deterioration or structural damage. Structure, principal. A main or primary structure on a lot. Subdivision. The division of a parcel of land into two (2)or more lots, or other divisions of land. 9 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall include 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. This term shall not include 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. This term shall also not include 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. Use, accessory. 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. Use, agricultural. 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. Use, nonconforming. 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. Use, permitted. A use permitted by right, or a special use. Use permitted by right. A use of land which is permitted in a particular zoning district, without a special use permit. Use, principal. A main or primary use of land. Use, special. A use of land not permitted by right in a particular zoning district, but permitted upon approval of a special use permit in accordance with section 30-401, supplemental regulations. 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. Any portion of a lot not occupied by a principal structure. Yard, front. A yard extending along the frontage of a lot, and being the minimum horizontal distance between the street line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the street line and the front setback line. Yard, rear. A yard which is opposite a front yard or, in the case of a corner lot, opposite the front yard having the shortest frontage, and being the minimum horizontal distance between the rear lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed 10 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the rear lot line and the rear setback line. Yard, side. A yard which is neither a front yard nor a rear yard, and being the minimum horizontal distance between the side lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the side lot line and the side setback line. Rsta Lof[..,,fr. M .............................................................................................................................................................. I'Sallii)lirr e Sritr 11 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Sec, 30 414, Recreafiona�� veh�des, �;��cr tizonal' �r��llu les shah Il.,-)e IlDeri,Ntted I'u II ,�onx :':n Esti-i:ctx, W,-)lett tax tlhe fr)H Mngu� ( } Vex im��crea onau ' �r��llfl6 shah Il.,-)e Bused x dweH,,n ex�;ept x IlxioV:ded for I',u� S��;tons 27... 41(c) or 27..4,2(1' ext tlh 4�ity Code X11 } Vex im��crea onau ' �r��llfl6 shah. Il.,-)e �:;�xu�nected tax ��ecti-i:c, gas, san�:tary sewer, water, or other UJ,Hty� Hines u�uiNesx u�used x dweH1',n iu� �;�:;�xrdance C Ulla Sectl'ons 27...41(c) or 7...4, (i} of the City ode All u�ut,Hty� �:;�xu�nectl'ons shah �;�xi�nlpx y� Mth Ihapters "7 nd ext tlh City Code 12 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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: 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). An animal feeding operation (AFO) as defined by the U.S. Environmental Protection Agency. 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 (1) 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 or naturally vegetated area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another, and to mitigate light, noise, or other nuisances. Property Line ------------------------ .... ------------------------------------ 4 L Buffryard Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or objects. Building coverage. The aggregate area of the footprints of all buildings on a lot, divided by the lot area. 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. 1 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 112 Total Height 1/2 Gable Roof Builldling Height Averge Grade Canopy. A covering, usually of fabric, attached to and supported by a wall and/or a set of poles or posts, which is open on at least three (3)sides. Carport. A roofed structure providing space for the parking of vehicles which is open on at least two (2)sides. Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal, or demolition affecting any exterior architectural feature 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. --- - --- --- Open ........ ... ...... Space 24 Conventional Lots 24 Clustered Lots No Open Space 50%Open Space Commercial recreation facility. A commercial facility providing, as a main source of revenue, one (1) or more recreation activities such as billiards, bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activities 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 operation (CAFO). A concentrated animal feeding operation (CAFO) as defined by the U.S. Environmental Protection Agency. 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. 2 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Destruction or removal of a structure or a part thereof. As it pertains to historic landmarks and districts, this term shall also include 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 (1)ordering window or station with a designated lane, providing goods or services to customers while in their vehicles without having to park. Duplex. 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. 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. 3 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Budding /— 0.5 FAR �-00, Area 4—2.0 FAP? �► 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. A side of a lot or structure contiguous to or directly facing a street. Funeral home. An establishment in which deceased bodies 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 part thereof, or a portion of a main building, designed or used for the storage of vehicles used by the occupants of the property. 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 manufacture of large or heavy articles; or the extraction, processing, or bulk storage of raw or hazardous materials. 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 commercial 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. 4 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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 manufacturing small or light articles. 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. An off-street space used for the transient parking of vehicles while loading or unloading materials, products, or supplies. 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. Corner Interior; Corner Lot Lot Lot Ilnterioir� Flag :Through: interior Lot Lot Lot Lot I Corner Interior Corner Lot Lot Lot "Franlaye Lot area. The horizontal surface area of the land within a lot boundary. Lot, corner. A lot abutting two (2)or more intersecting streets. Lot depth. The mean horizontal distance between the front and rear lot lines. Lot, flag. A lot which is recessed and situated behind another lot except for a narrow portion extending to a street. Lot, interior. A lot abutting no more than one (1)street. Lot line. A line representing the boundary of a lot on one (1)side. Lot line, front. A lot line which is contiguous to, or located in, a street. Lot line, rear. A lot line which is opposite a front lot line or, in the case of a corner lot, opposite the shortest front lot line. Lot line, side. A lot line which is neither a front lot line nor a rear lot line. Lot of record. A lot which is part of a subdivision, the plat of which was recorded in the office of the county recorder; or a tract 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. Lot, through. A lot abutting two (2)or more non-intersecting streets. Lot width. The horizontal distance between two (2) lot lines as measured at the front yard setback line. 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 5 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. 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. 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 in the office of the county recorder for 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 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. 6 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Parking lot. An unenclosed area used for the transient parking of vehicles. 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 at least two (2) sides. A screened-in porch shall not be considered open. Property. A lot or group of contiguous lots having the same ownership. Recreational vehicle. A recreational motor vehicle as defined by RSMo § 301.010 or any vehicle or trailer as defined by RSMo § 301.010 which is designed, constructed, or substantially modified so that it may be used for the purposes of temporary housing quarters. Rehabilitation. Returning a 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 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. Setback. A distance from a street line or lot line within which principal and accessory structures are prohibited. 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 property. A property meeting the Secretary of the Interior's standards for evaluating properties for historic registration or designation. Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications outlined in chapter 25. Stop work order. An order issued by the city manager 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. 7 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall not include an alley. Street, arterial. A street or road of considerable continuity which serves or is intended to serve as a 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. A street which, in addition to servicing abutting properties, intercepts local streets, connects with community facilities, and carries neighborhood traffic to the arterial street systems. Street line. A dividing line between a lot and a 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. Structure, accessory. 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. ffcessory Strucuire Prriindpal/Building IG. ................................ Building Line Structure, contributing. A structure which, by location, design, setting, materials, workmanship, feeling, or association, adds to a site's or district's sense of time and place or historical development. Structure, noncontributing. A structure which detracts from a site's or district's sense of time and place or historical development; or a structure that has lost the integrity of its original design or individual architectural features; or a structure that cannot be feasibly rehabilitated due to extensive physical deterioration or structural damage. Structure, principal. A main or primary structure on a lot. Subdivision. The division of a parcel of land into two (2)or more lots, or other divisions of land. 8 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall include 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. This term shall not include 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. This term shall also not include 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. Use, accessory. 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. Use, agricultural. 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. Use, nonconforming. 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. Use, permitted. A use permitted by right, or a special use. Use permitted by right. A use of land which is permitted in a particular zoning district, without a special use permit. Use, principal. A main or primary use of land. Use, special. A use of land not permitted by right in a particular zoning district, but permitted upon approval of a special use permit in accordance with section 30-401, supplemental regulations. 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. Any portion of a lot not occupied by a principal structure. Yard, front. A yard extending along the frontage of a lot, and being the minimum horizontal distance between the street line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the street line and the front setback line. Yard, rear. A yard which is opposite a front yard or, in the case of a corner lot, opposite the front yard having the shortest frontage, and being the minimum horizontal distance between the rear lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed 9 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the rear lot line and the rear setback line. Yard, side. A yard which is neither a front yard nor a rear yard, and being the minimum horizontal distance between the side lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the side lot line and the side setback line. Rsta Lof[..,,fr. M .............................................................................................................................................................. I'Sallii)lirr e Sritr 10 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Sec. 30-414. - Recreational vehicles. Recreational vehicles shall be permitted in all zoning districts, subject to the following: (a) No recreational vehicle shall be used as a dwelling except as provided for in Sections 27- 41(c)or 27-42(i)of the City Code. (b) No recreational vehicle shall be connected to electric, gas, sanitary sewer, water, or other utility lines unless used as a dwelling in accordance with Sections 27-41(c) or 27-42(i) of the City Code. All utility connections shall comply with Chapters 7 and 25 of the City Code. 11 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Bruce Taylor, Deputy City Clerk AGENDA ' 1 ' Agenda: 12/3/2018 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Approval of the November 19, 2018, City Council regular session minutes. ATTACHMENTS: Marne: Descriilrrotiion: ❑2018.11.19 Reg larsessionMinutes.2df 12018 11 19 ira;gUllair session DRAFT Regular November 19, 2018 KK-183 REGULAR SESSION—November 19, 2018 CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, November 19, 2018, at 5:45 p.m., with Mayor Bob Fox presiding and Council Members Ryan Essex, Robbie Guard, Victor Gunn, Stacy Kinder, Shelly Moore, and Daniel Presson present. ADOPTION OF THE AGENDA A Motion was made by Robbie Guard, Seconded by Ryan Essex, to amend the agenda by removing the Golf Course Advisory Board appointment. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore,Presson A Motion was made by Robbie Guard, Seconded by Stacy Kinder to approve and adopt the Agenda as amended. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore,Presson. PUBLIC HEARINGS A public hearing to consider a request to rezone property at the southwest corner of Hopper Road and Old Hopper Road from R-I (Single-Family Suburban Residential District) to R-3 (High Density Single-Family Residential District). Mayor Bob Fox opened the Public Hearing. Debra Mitchell Braxton, resident of 3734 Old Hopper Road, questioned the type of homes that will be on the property, how many lots can fit on 14 acres, and where the traffic from the subdivision will flow. She expressed concern with increased traffic in this area, and she stated that cars continually run the stop sign at the intersection. She wanted to know what other subdivisions in Cape Girardeau Mr. Williams has developed. Cheryl Essner, resident of 533 West Highland Drive, appeared in opposition to the rezoning. The residents are concerned with the planning of the subdivision. They felt that their concerns were dismissed by the Planning and Zoning Commission. They have requested that buffering be required between different types of zones. They are also concerned with traffic flow in and out of the subdivision. Deputy City Manager Molly Mehner explained that the subdivision is not up for consideration on this agenda. The only consideration at this meeting is the request for rezoning. The traffic issue will be addressed through the record plat which has not yet been approved. Mayor Fox continued that the amended plat will address the subdivision entrances. If the plat meets all code requirements, then it is an administrative action of the Council to approve the plat. Megan Andrews, resident of 1650 S. Kingshighway, appeared on behalf of developer Brandon Williams in support of the request. She has spoken with many residents and with the Commission, and she stated that this subdivision will look similar to the Villas of West Park. The following citizens appeared in opposition to the request, and they stated concerns with traffic and the number of residents that will be permitted within the subdivision, similar to the concerns DRAFT Regular November 19, 2018 KK-184 expressed above: Lonnie Hasty, resident of 3701 Hopper Road, Jewell Mae Haebeck, resident of 3911 Hopper Road, and Deborah Reisenbichler,resident of 1003 Oak Ridge Court. There being no further appearances, the hearing was closed. APPEARANCES None. CONSENT AGENDA Approval of the November 7, 2018, City Council regular session minutes and closed session minutes. BILL NO. 18-153, an Ordinance amending Schedule C of Section 26-121 of the City Code, by establishing stop signs on Niemann Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 18-157, an Ordinance approving the Record Plat of Walden Park Phase 4. Second and Third Readings. BILL NO. 18-158, an Ordinance approving the Record Plat of Lilmac East Second Subdivision. Second and Third Readings. BILL NO. 18-160, an Ordinance authorizing the City Manager to execute Amendment 93 to the State Block Grant Agreement with the Missouri Highways and Transportation Commission for design and construction of the Runway 10/28 Lighting Rehabilitation Project, at the Cape Girardeau Regional Airport. Second and Third Readings. BILL NO. 18-162, a Resolution authorizing the City Manager to execute an agreement with Fronabarger Concreters, Inc., for the Arena Creek Box Culvert Project, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 18-166, a Resolution authorizing the City Manager to execute Supplemental Agreement No.1, with Crawford, Murphy, & Tilly, Inc., for design services for the procurement of an aircraft rescue and firefighting vehicle and related equipment, at the Cape Girardeau Regional Airport. Reading and Passage. BILL NO. 18-167, a Resolution authorizing the City Manager to execute Supplemental Agreement No. I with Crawford, Murphy & Tilley, Inc., for design services for the procurement of snow removal equipment, at the Cape Girardeau Regional Airport. Reading and Passage. Accept Improvements and Authorize Final Payment to Nip Kelley Equipment Company, Inc., for the 2018 Asphalt Overlay Program,in the City of Cape Girardeau, Missouri. Motion was made by Victor Gunn, Seconded by Shelly Moore to approve and adopt. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn,Kinder, Moore,Presson. Robbie Guard abstained for financial reasons on Bill No. 18-157 due to his employment with MRV Banks. DRAFT Regular November 19, 2018 KK-185 Bill No. 18-153 will be Ordinance No. 5129; Bill No. 18-157 will be Ordinance No. 5130; Bill No. 18-158 will be Ordinance No. 5131; Bill No. 18-160 will be Ordinance No. 5132; Bill No. 18-162 will be Resolution No. 3217; Bill No. 18-166 will be Resolution No. 3218; and Bill No. 18-167 will be Resolution No. 3219. NEW ORDINANCES BILL NO. 18-152, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the southwest corner of Hopper Road and Old Hopper Road, in the City and County of Cape Girardeau, Missouri, from R-I to R-3. First Reading. Motion was made by Ryan Essex, Seconded by Dan Presson to approve. Motion passed. 6-0. Ayes: Essex, Fox, Gunn, Kinder, Moore, Presson. Guard abstained for financial reasons due to his employment with MRV Banks. BILL NO. 18-163, an Ordinance Appropriating Funds for Capital Expenditures for Parks and Stormwater Improvement Projects, from bond proceeds and from revenues of the Capital portion of the Parks/Stormwater Sales Tax. First Reading. Motion was made by Victor Gunn, Seconded by Robbie Guard to approve. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn,Kinder, Moore,Presson. BILL NO. 18-164, an Ordinance amending Section 25-113 of the Code of Ordinances of the City of Cape Girardeau,Missouri,regarding Administrative Relief and Exceptions. First Reading. Motion was made by Dan Presson, Seconded by Robbie Guard to approve. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn,Kinder, Moore,Presson. BILL NO. 18-165, an Ordinance approving the Record Plat of Southeast Missouri Hospital Nursing. First Reading. Motion was made by Victor Gunn, Seconded by Robbie Guard to approve. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn,Kinder, Moore,Presson. BILL NO. 18-168, an Ordinance approving the Record Plat of Rhodes Mount Auburn Subdivision—Amended. First Reading. Motion was made by Dan Presson, Seconded by Stacy Kinder to approve. Motion passed. 6-0. Ayes: Essex, Fox, Gunn, Kinder, Moore, Presson. Guard abstained for financial reasons due to his employment with MRV Banks. APPOINTMENTS Appointments to the Planning and Zoning Commission Motion was made by Dan Presson, Seconded by Robbie Guard to appoint Patrick Koetting, Ed Thompson, and Derek Jackson for terms expiring November 1, 2022. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore,Presson. DRAFT Regular November 19, 2018 KK-186 MEETING ADJOURNMENT There being no further business,the meeting ended at 6:10 p.m. A Motion was made by Victor Gunn, Seconded by Stacy Kinder to adjourn. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore,Presson. Bob Fox, Mayor Gayle L. Conrad, City Clerk --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planner Cape Girardeau • 12/3/2018 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the southwest corner of Hopper Road and Old Hopper Road, in the City and County of Cape Girardeau, Missouri, from R-1 to R-3. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance rezones 18.51 acres of a 55.83 acre tract at the southwest corner of Hopper Road and Old Hopper Road from R-1 (Single-Family Suburban Residential District)to R-3 (High Density Single-Family Residential District). The City Council's public hearing on the rezoning request was held on November 19, 2018. BACKGROUND/DISCUS SION A revised application has been submitted to rezone property at the southwest corner of Hopper Road and Old Hopper Road from R-1 (Single-Family Suburban Residential District) to R-3 (High Density Single-Family Residential District). The property is a 55.83 acre tract. The applicant previously requested to rezone 17.99 acres to R-3; the rest of the tract was proposed to remain as R-1. The revised application requests to rezone 18.51 acres to R-3, with the rest of the tract to remain as R-1. The immediately surrounding properties are zoned R-1 (Single-Family Suburban Residential District). This area is characterized by single-family residential uses. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Mixed Use. The City Council's public hearing on the rezoning request was held on November 19, 2018. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The R-3 district is similar to the R-1 district in that it permits, by right, single-family dwellings and other uses permitted in R-1. R-3 also permits, by right, duplexes and townhouses, which are not permitted in R-1. R-3 also has a higher maximum density (9 units per 1 acre vs. 4 units per 1 acre for R-1). There are numerous areas in the city where duplexes and townhouses are interspersed with single-family dwellings, which generally have not resulted in an incompatible mix of uses. Any subdivision of the property would be required to comply with the minimum lot standards of the applicable zoning district as well as the City's development regulations, including street access and design, off-street parking, and stormwater management. For these reasons, staff believes the proposed R-3 district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its meeting on October 10, 2018, held a public hearing on the rezoning request and recommended approval by a vote of 7 in favor, 0 in opposition, and 2 abstaining. PUBLIC OUTREACH --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City Council's public hearing was advertised in the Southeast Missourian on November 4, 2018. In addition, a sign containing the date, time, location and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Nairn•ne: Descril IpHion: ❑ Hopper Road Rezone part 2.doc Ordinance ❑ Staff Review-Referral-Action Form. SW Coinneir III'lolr ipeir&011d II-i'lolppeir Rezoning staff RRA If orirn•n ❑ _Hoper Road Site Survey.pdf SW Coinneir II-i'lolppeir&011d II-i'lolppeir Rezoning Siile Survey ❑ Map Zoning___- SW Corner of Hopper-Old Hopperpdf SW Coinneir II-i'lolppeir&011d II-i'lolppeir Rezoning Zoning I ❑Map FLU SW Corner of L22ptEzgjdLopper df SW Coinneir II-i'lolppeir&011d II-i'lolppeir Rezoning If 1lL) I ❑Application REZ SW Corner of Hopper Road Old Hopper Road.pdf SW Corner II-i'lolppeir&011d II-i'lolppeir Rezoning Applliicatiion ❑ -1. df R 1IC lsItirild IRegUllatiioins ❑ -3. df R 3IC lsItirild IRegUllatiioins BILL NO. 18-152 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF HOPPER ROAD AND OLD HOPPER ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO R-3 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this Ordinance from R-1, Single-Family Suburban Residential District, to R-3, High Density Single-Family Residential District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and a public hearing was held on Monday, November 19, 2018; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-1, Single-Family Suburban Residential District, to R-3, High Density Single-Family Residential District . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single-Family Suburban Residential District, to R-3, High Density Single-Family Residential District, for the following described property: Part of the East Half of the Northeast Quarter of Section 34, Township 31 North, Range 13 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, Missouri, more particularly described as follows : Begin at a found axle marking the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 34; thence along said East line of Section 34, South 00 degrees 10 minutes 33 seconds East 1364 . 02 feet; thence leaving said East line South 89 degrees 1 34 minutes 23 seconds West 275 . 66 feet; thence North 21 degrees 17 minutes 52 seconds West 1165 . 59 feet; thence South 69 degrees 45 minutes 47 seconds West 52 . 00 feet; thence North 20 degrees 15 minutes 28 seconds West 383 . 25 feet; thence North 89 degrees 54 minutes 10 seconds East 732 . 00 feet; thence North 89 degrees 03 minutes 59 seconds East 143 . 91 feet to the East line of Section 34; thence along said East line, South 00 degrees 22 minutes 09 seconds East 65 . 05 feet to the point of beginning. The herein described tract contains 18 . 51 acres, more or less . ARTICLE 2 . The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of the R-3, High Density Single-Family residential District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties . ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 2 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1378 LOCATION: –SW Corner qf�Ho �er/Old Hopper STA.F,F REVIEW&-COMMENTS: Brandon 0,Williams is requesting to rezone property at the southwest corner of Hopper Road&Old Hopper Road from the R-1 (Single-family Suburban Residential)district to the R-3 (High Density Single-family Residential) district. SEE STAFF REPORT FOR FURTHER INFORMATION .......... City PI Date e -21 <J1 City Attorn :r"' Date CITY MA. IAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. 6? City Manager' Date Planning & Zoning Commission Public Hearing Sign Posting Date:Lc2 f3' - 10 Public Hearing Date: 10/10/18 RECOMMENDED ACTION: Favor Oppose Abstain Fay Oppose Abstain Trae Bertrand Lj L3 Scott McClanahan Ll Ule Larry Dowdy t Ll L3 Bruce Skinner L3 L) 9 Jeff Glenn Uf Ll Ll I/ Doug Spooler L) Q Kevin Greaser L3 Ll 0 Tom Welch ud" L3 Ll Patrick Koetting Fd L) L3 VOTE COUNT: 17 Favor Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Kevin Greaser Planning & Zoning Commission Secretary WENNNEEMMNIM� City Council Action Posting Dates:Sign_Newspaper — Public Hearing Date: Ordinance I"Reading_ Ordinance 2nd& 3,d Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: F.n c7 O o7 Q� U � tt F�J } ULLJ � J C) tEu m£ ofoD o3:e im 0 F O _ W n c E ma w E(a - — - r� Z U Q 0_ x 8 cc W - — E ul a ~~ Z W/� C, — _ = u E r �' Z V 1i O _ n` W E O = _ E viz - aEg iav U C A, 'y B-0..1,me c 3E Ivo W V W 7 _ e v p y i z `E°°EEl v„_ _ mss_ mu 4 rc ia`rc N Q `TO'v/i� Lu 0. OL aocz o.oa moor°£r onaoba�vmm�E� zo'v m m n n r J v v ® u Y - o -ao ct p..l ,Zfi'LLB 3„60,ZZOS 3„tt,O LOS x _dam a3ddo a,o ---T ,ZO'49f1 cz itJ € 9, 3 o �tT — - -cz b iw a ca 1.80 - i � - i j l6L M,OS,SO.ON mo N1,0 Og,j1 55 [3.GL,ZO.0N 3 c� I r E a L O Q W w ~ L x Q f j U .. VI a o w a cH i D c z 2 U .EE J W K d F m K K a a LL j + emry mmmm4m V U } K - - O arc Q f O zz 0 p LL t7 K K K UI' r 0_mNnovf <•ar _ O®�a' o S U w a J_ n " < mmrm U Rezoning Request - SW Corner of Hopper Road & Old Hopper Road 1 3 3$14 —3B22 1130 Requested Rezoning- Lit 317 3321 Lit from R-1 (Single-Family Suburban Residential District) to R-3 (High Density Single-Family Residential District) 33273590 � www,ww 98 ��w. M,.., Future Land Use Recommendation: Mixed Use 3 3630 • 11 • • , 391610 1 • • • „,,,,,„,,,,.,„.µµ, •3... ............................. .. . ,.. a .,..,.. ,• ,,..i,, • , w... Hopper Rd 84 • 382 :9 1 373 • i 30 81 Q�3 3564 • • = 26 • 1 • 80 3 22 • 3718 • • 371 371 • 3 2 36 0 36 6 3 22 36 8 • 3631 • 370 • ----------- • 714 • 70 • m• • 627 608 60 363 • 600:366 *638 • 534 62 _ 362�w......w, ,., ------------------------ N o Legend CITY CAPE W E � ��.,PP�; G I R A R D E A U Proposed Rezoning Area S Created by: Development Services Zoning District 215 430 860 Fee September 20, 2018 R1 1 Rezoning Request - SW Corner of Hopper Road & Old Hopper Road 37 • Requested Rezoning: 81 from R-1 (Single-Family Suburban Residential District) :1 to R-3 (High Density Single-Family Residential District) 80 ' Future Land Use Recommendation: Mixed Use 70 371 • 37 • 3714 371 37 363 362 36 2 36 8 361 1 • 43 •3631 • 361 • • 714 • 7 • • • 627 • �► 608 tT • 60 363 tT • tT 60 600 3660 3638 • • • • 53 ,,.... .., 534 36 53 • • • L CO) 528 • 36 _M t Legend Proposed Rezoning Area FLU Recommendation N High Density Residential CITY CAPE Highway Commercial 431 WJE = Large Lot/Estate • G I R A R D E A U Low Density Residential S LM Created by: Development Services 0 Mixed Density Residential 43 170 340 680 Feet September 20, 2018 0 Mixed Use REZONING /SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU 4b DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST, CAPE GIRARDEAU,MO 63703 (573)339-6327 Property Address/location Southwest Corner of Hopper Road & Old Hopper Road/Kage Road Applicant Property Owner of Record (if other than Applicant) Brandon O. Williams Cape Land & Development, LLC Mailing Address City,State,Zip Mailing Address City, State, Zip 2985 Boutin Drive Cape Girardeau, MO 637 2985 Boutin Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email (573) 335-3382 bowconstruction@aol.com (573) 335-3382 ]bowconstruction@aol.com Contact Person (if Applicant is a Business or Organization) (Attach additional owners information, if necessary) Brandon O. Williams Type of Request: Rezoning,Special Use Permit,or Both Rezoning Existing Zoning District Proposed Zoning District(Rezoning requests only) R1 R3 Legal description of property to be rezoned and/or upon which the special use is to be conducted Part of the East Half of the Northeast Quarter of Section 34, Township 31 North, Range 13 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, Missouri, more particularly described as follows; Begin at a found axle marking the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 34; thence along said East line of Section 34, South 00 degrees 10 minutes 33 seconds East 1364.02 feet; thence leaving said East line South 89 degrees 34 minutes 23 seconds West 275.66 feet; thence North 21 degrees 17 minutes 52 seconds West 1165.59 feet;thence South 69 degrees 45 minutes 47 seconds West 52.00 feet;thence North 20degrees 15 minutes 28 seconds West 383.25 feet; thence North 89 degrees 54 minutes 10 seconds East 732.00 feet; thence North 89 degrees 03 minutes 59 seconds East 143.91 feet to the East line of Section 34; thence along said East line, South 00 degrees 22 minutes 09 seconds East 65.05 feet to the point of beginning. The herein described tract contains 18.51 acres, more or less. Describe the proposed use of the property. Approximately 37.32 acres will remain as R1 zoning and consist of single-family detached homes. The proposed R3 zoning will consist mainly of duplex units (approximately 18.51 acres). Application continues on next page OFFICE USE ONLY , "gyp r g.„ ✓^ Date Received&By "' � F "" File No. .mE MUNIS Application No. Ci Planning&Zoning Commission Recommendation Date City Council Final Action Date Revised 08/11/2016 � | Special Use Criteria (Special Use Permit requests only) Explain how the Special Use Permit request meets the criteria below. Attach additional sheets, ifnecessary. I/ The proposed special use will not substantially in crease traffic hazards or congestion. 2/ The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character oƒthe neighborhood. 4/ The proposed special use will not adversely affect the general welfare of the community, Sl The proposed special use will not overtax public utilities. ADDITIONAL ITEMS Inadditiun to this completed application form'the following items must besubmitted: _�_AppUcationfee ($135.O0payab|eto[ityof[apeG\ra/deau +addibona1 $8OforP|anned �� ~~ Ueve|opmentrezonings) _�.One(1) list ofnames and mailing addresses ufadjacent property owners See Instructions for more One(1) set of mailing envelopes, stamped and addressed to adjacent property owners information. One(1)full size copy ofaplat orsurvey ofthe property, ifavailable One(1)full size set of plans,drawn to an appropriate scale,depicting existing features to be removed'existing features to remain, and all proposed features such as: buildings and structures, paved areas,curbing, driveways' parking stalls,trash enclosures,fences, retaining walls, light poles, detention basins, landscaping areas,freestanding signs, etc. (Planned Development rezoningsand Special Use Permits only) Digital file ofthe plans inpdfformat(Planned Development rezoningsand Special Use Permits only; can be emailed) One (1)set of Planned Development documents(Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that an approved Special Use Permit becomes null and void if the use for which the permit was granted does not commence within twelve(12) months of the approval date, unless an extension has been granted;and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commen g any use or work on the S-1918 Property Owner ofRecord Signature and Printed Name Date (Provide additional owners signatures and printed names/nthe space below, ifapplicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s)of Record to file this application omtheir behalf, and that theagree tothe above certifications. 8-1Q-1B xpp|/cantS/gnacureanoPrinted Name Date Revised 08/11/2016 Adjacent Property Owners — Hopper Road Rezoning Request 1002 Dearmore Court Dennis& Marlene Long 1002 Dearmore Ct. Cape Girardeau, MO 63701 1003 Camino Court Andrew& Betty Proffer 1003 Camino Court Cape Girardeau, MO 63701 1002 Camino Court Dorothy& Renfrow Digirolamo 1002 Camino Court Cape Girardeau, MO 63701 1003 Oak Ridge Court Jay& Deborah Reisenbichler 1003 Oak Ridge Court Cape Girardeau, MO 63701 1002 Oak Ridge Court Kevin &Gretchen Morse 1002 Oak Ridge Court Cape Girardeau, MO 63701 3317 Kage Road Anne Norman 3317 Kage Road Cape Girardeau, MO 63701 3734 Old Hopper Road Debra Mitchell Braxton 609 North Mt. Auburn Road Cape Girardeau, MO 63701 3730 Old Hopper Road Schott Family 2000 Trust 132 Summerfield Way Cape Girardeau, MO 63701 3726 Old Hopper Road Eric&Teresa Wilke 3726 Hopper Road Cape Girardeau, MO 63701 3722 Old Hopper Road Kathy Fitzpatrick 3722 Old Hopper Road Cape Girardeau, MO 63701 3718 Old Hopper Road Schild Trust 3718 Old Hopper Road Cape Girardeau, MO 63701 3714 Old Hopper Road Alexander&Amy McElroy 3714 Old Hopper Road Cape Girardeau, MO 63701 3702 Old Hopper Road Sandra Shandy Trust 3702 Old Hopper Road Cape Girardeau, MO 63701 3719 Old Hopper Road Daniel Ellinghou$e 235 Meyers Lake Court Benton, MO 63736 3713 Old Hopper Road Gary& Darlene Gaines 2971 Beavercreek Cape Girardeau, MO 63701 3701 Old Hopper Road Lonnie & Brenda Hasty 3701 Old Hopper Road Cape Girardeau, MO 63701 719 W. Highland Drive Michael & Bonnie Smith 1549 Greenbriar Cape Girardeau, MO 63701, 0 W. Highland Drive Arthur& Naomi Suzuki 339 N. Bast Jackson, MO 63755 703 &627 W. Highland Drive Patrick& Paula Suzuki 627 W. Highland Cape Girardeau, MO 63701 603 W. Highland Drive Barry& Peggy Zerbe 603 W. Highland Cape Girardeau, MO 63701 539 W. Highland Drive Darryl &Gina LeGrand 539 W. Highland Cape Girardeau, MO 63701 533 W. Highland Drive Daniel &Cheryl Essner 533 W. Highland Drive Cape Girardeau, MO 63701 0 1-55 (adjacent south) John Hoffman Trust 376 County Road 317 Cape Girardeau, MO 63701 3911 Hopper Road Jewel Habeck 3911 Hopper Road Cape Girardeau, MO 63701 10/18/2018 Cape Girardeau,MO Code of Ordinances 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 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. 1/2 10/18/2018 Cape Girardeau,MO Code of Ordinances (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(21/2)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. Frontyard:Thirty(30)feet. b. Rearyard: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. 5012,art. 4, 10-2-17) Editor's note—Ord. No. 5012, art.4, adopted Oct. 2, 2017, repealed the former§ 30-322 and enacted a new section as set out herein.The former§ 30-322 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,art. 7,adopted March 7, 2011. 2/2 10/18/2018 Cape Girardeau,MO 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. (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 four(4) unrelated children in a twenty-four-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, 1/3 10/18/2018 Cape Girardeau,MO Code of Ordinances 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(21/2)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. Frontyard: 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. 2/3 10/18/2018 Cape Girardeau,MO Code of Ordinances (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. (Ord. No. 5012, art. 4, 10-2-17) Editor's note— Ord. No. 5012, art. 4. adopted Oct. 2, 2017, repealed the former§ 30-324 and enacted a new section as set out herein. The former§ 30-324 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, 9, adopted March 7, 2011. 3/3 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: W. Victor Brownlees, Deputy REPORTAGENDA Finance Director. _ _ Agenda: 12/3/2018 ' au City Council SUBJECT An Ordinance Appropriating Funds for Capital Expenditures in the City of Cape Girardeau, Missouri for Stormwater and Park Improvement Projects to be Funded from Bond Proceeds and Revenues from the Capital Portion of the Parks/ Stormwater Sales Tax 2. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- This ordinance will appropriate funding and establish project length budgets for the stormwater and park improvement projects associated with the Parks/ Stormwater Sales Tax 2. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- In April 2018 voters approved a second Parks/ Stormwater Sales Tax to fund various improvement projects. Subsequently in October 2018 the City issued bonds worth $8.6M to fund a number of projects scheduled for the fiscal years 2018-19 and 2019-20. This ordinance will allow for funding to be appropriated for all the projects over the lifetime of the tax (15 years) and will establish budgets for each project. FINANCIAL IMPACT --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The total revenues including sales tax net of debt servicing and bond proceeds is $38.8M over the next 15 years. Total project costs are currently estimated to be $37.9M with a further $0.9M in contingencies. A detailed budget is attached. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff recommend approval of this ordinance. ATTACHMENTS: Marne: Descril 1pHioim ❑Appropriation ordinance-parks.stor water sales tax 2018..doc Ordinance ❑stor water and parks projectsproject length budget.pdf Storirn•nwater and Iparlks IprojjecIts Iprojjec�Ilenegth I BILL NO. 18-163 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR PARKS AND STORMWATER IMPROVEMENT PROJECTS, FROM BOND PROCEEDS AND FROM REVENUES OF THE CAPITAL PORTION OF THE PARKS/STORMWATER SALES TAX BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from bond proceeds, and from revenues of the capital portion of the parks/stormwater sales tax, for the following capital expenditures for the life of the project : Capital Projects (Stormwater Projects from Parks/ Stormwater Sales Tax Fund) - Ten Million Eight Hundred and Sixty Seven Thousand Three Hundred and Ninety Two Dollars (10, 867, 392 . 00) for various stormwater improvement projects . Capital Projects (Park Improvement Projects from Parks/Stormwater Sales Tax Fund) - Twenty Seven Million Nine Hundred and Forty Four Thousand Seven Hundred and Twenty Three Dollars (27, 944, 723 . 00) for various park improvement projects . ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2018 . 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O N 00 E. 6 c-I L rt+ T � o c rn m 00 N e-I O � O � m s � E Yy L M 3 O \O O b H n, Q x N m + L) o tl � � U � V1 ++ 66 c C Q7 .� d tom+ w C to 7 CA Lq rA FA N d U OU Q7 07 QV cc CL 4-1 V) r° ° ° u --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planner Cape Girardeau • 12/3/2018 SUBJECT An Ordinance amending Section 25-113 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Administrative Relief and Exceptions. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance amends Section 25-113 of the Development Code (Chapter 25 of the Code of Ordinances). BACKGROUND/DISCUS SION The attached ordinance amends Section 25-113 of the Development Code (Chapter 25 of the Code of Ordinances)to add Section 25-401(h)to the list of sections qualifying for administrative relief. Section 25-401 (h) contains restrictions on the sign face area and length of a billboard. Staff was recently contacted regarding a proposed billboard with an LED sign face exceeding the maximum area and length by a small amount. The contact explained the sign face is comprised of multiple equally-sized panels, the dimensions of which cannot be revised due to the components that create the LED sign face. Staff conducted research on standard LED billboard sign faces and concluded the dimensions of the proposed sign face are in line with industry standards. Staff felt it would be better to amend the code to qualify billboard sign face area and length for administrative relief rather than change the maximum area and length to specific values. In addition to the above change, the amendment also revises various provisions for administrative relief and exceptions. The revisions to the administrative relief provisions are for clarification. The revisions to the exceptions provisions are for both clarification and the addition of requirements pertaining to public hearings, length of a time an exception is valid, and granting extensions. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff recommends approval of the ordinance amending Section 25-113 of the Code of Ordinances. ATTACHMENTS: Narne: Descriilrrotiion: ❑Amending Section 25-113 Admin Relief Exceptions.doc Ordinance ❑ Section 25-113 Amendment Regarding Administrative Relief Exceptions November 19 2018 Sedoin 25 113 Airn•nendirn•nent (Edits Copy).pdf f.:::diits Copy ❑ Section 25-113 Amendment Regarding Administrative Relief Exceptions November 19 2018 Sedoin 25 113 Airn•nendirn•nent (Clean Copy).pdf Clean Copy BILL NO. 18-164 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-113 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ADMINISTRATIVE RELIEF AND EXCEPTIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 25-113 of Article I of Chapter 25 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 25-113 . - Administrative relief and exceptions . (a) Administrative relief. (1) The city manager may authorize administrative relief in an amount up to ten (10) percent of any quantitative standard contained in sections 25-203, 25-303, 25-803 and 25-804, unless specifically restricted elsewhere in this chapter, subject to the following requirements and limitations . a. An application shall be submitted to the city manager, identifying the standard (s) for which administrative relief is sought, along with an explanation as to why the standard (s) cannot be met . The application shall be accompanied by supporting documentation and a fee per the city' s fee schedule . b. A notice of the requested administrative relief shall be sent by first class mail to each owner of property adjacent to, or across a street or alley from, the subject property. The notice shall be postmarked no later than three (3) business days from the date the application is received and deemed complete . The city manager shall render a decision on the application no later than fifteen (15) business days from said date . C. Granting of the requested administrative relief shall not be detrimental to the subject property, nor the surrounding properties, as determined by the city manager. 1 d. Relief shall only be granted for the minimum amount necessary to allow the improvement to be made, as determined by the city manager. e . Granting of the requested administrative relief shall not undermine the general spirit and intent of this chapter. f. In granting administrative relief, the city manager may impose reasonable conditions to protect the public health, safety, morals, order, convenience, prosperity, and general welfare . g. No more than one (1) application for administrative relief shall be filed for a property within an eighteen (18) consecutive month period. No more than two (2) applications for administrative relief shall be filed for a property during the period of ownership by a record owner of the property. The term "record owner" shall include any person, firm, corporation, partnership, joint venture, trust, and any related persons, firms, corporations, partnerships, joint ventures or trusts, including beneficiaries of successor trusts . (2) The granting of administrative relief shall be documented with findings consistent with the above requirements and limitations, and filed with any applicable permits, planning and zoning cases, and other records associated with the property for which relief was granted. (3) The decision of the city manager with respect to an application for administrative relief shall be subject to appeal by the applicant to the planning and zoning commission. Said appeal shall be submitted in writing to the city manager no later than five (5) business days from the date of decision. (b) Exceptions . (1) The planning and zoning commission may grant exceptions from the requirements of this chapter only if a substantial equivalent is proposed for the requirement (s) . a. An application shall be submitted to the city manager, identifying the requirement (s) for which an exception is sought, along with an explanation as to why the requirement (s) cannot be met, and a 2 description of the proposed substantial equivalent for each requirement . The application shall be accompanied by supporting documentation and a fee per the city' s fee schedule . b. No exception shall be granted unless it is demonstrated that such action is consistent with the general spirit and intent of this chapter. ishereby repealed, in its entifety and a new Section 25-113 of Article I of Chapter 25 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit : Sec. 25-113 . - Administrative relief and exceptions . (a) Administrative relief. (1) The city manager may authorize administrative relief in an amount up to ten (10) percent of any quantitative standard contained in sections 25-203, 25-303, 25-401 (h) , 25-803, and 25-804, unless specifically restricted elsewhere in this chapter, subject to the following requirements and limitations . a. Application for administrative relief 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. b. A notice of the requested administrative relief shall be sent by first class mail to each owner of property adjacent to, or across a street or alley from, the subject property. The notice shall be postmarked no later than three (3) business days from the date the application is received and deemed complete . The city manager shall render a decision on the application no later than fifteen (15) business days from the date the notice is postmarked unless the applicant agrees to an extension. C. Granting of the requested administrative relief shall not be detrimental to the subject property or the surrounding properties, as determined by the city manager. d. Administrative relief shall only be granted for the minimum amount necessary to allow the improvement to be made, as determined by the city manager. 3 e . Granting of the requested administrative relief shall not undermine the general spirit and intent of this chapter. f. In granting administrative relief, the city manager may impose reasonable conditions to protect the public health, safety, morals, order, convenience, prosperity, and general welfare . g. No more than one (1) application for administrative relief shall be filed for a property within an eighteen (18) consecutive month period. No more than two (2) applications for administrative relief shall be filed for a property during the period of ownership by a record owner of the property. The term "record owner" shall include any person, firm, corporation, partnership, joint venture, trust, and any related persons, firms, corporations, partnerships, joint ventures or trusts, including beneficiaries of successor trusts . (2) The granting of administrative relief shall be documented with findings consistent with the above requirements and limitations, and filed with any applicable permits, planning and zoning cases, and other records associated with the property for which relief was granted. (3) The decision of the city manager with respect to an application for administrative relief shall be subject to appeal by the applicant to the planning and zoning commission. Said appeal shall be submitted in writing to the city manager no later than five (5) business days from the date of decision. (b) Exceptions . (1) The planning and zoning commission may grant exceptions from the requirements of this chapter in cases where a substantial equivalent for the requirement (s) is proposed or made a condition of the approval . a. Application for an exception 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. 4 b. The planning and zoning commission shall hold a public hearing on each exception application. Public notice of the hearing shall be published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the hearing. C. Granting of the requested exception shall not undermine the general spirit and intent of this chapter. d. Any exception granted by the planning and zoning commission shall be valid for a period no greater than one hundred eighty (180) days from the date upon which the exception is granted, unless within such period the required permits are obtained and the work is commenced and pursued diligently toward completion. The planning and zoning commission may grant extensions not exceeding one hundred eighty (180) days each, upon written request by the applicant, without notice or public hearing. 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 , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 5 Section 25-113 Amendment Regarding Administrative Relief and Exceptions— November 19, 2018 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: None 1 Section 25-113 Amendment Regarding Administrative Relief and Exceptions— November 19, 2018 Sec. 25-113. -Administrative relief and exceptions. (a) Administrative relief. (1) The city manager may authorize administrative relief in an amount up to ten (10) percent of any quantitative standard contained in sections 25-203, 25-303, 25...401(h), :25 802 24...34° , and 25- 804, unless specifically restricted elsewhere in this chapter, subject to the following requirements and limitations. a. the Gity'S feesAhed-;e ppII:ca on for admi :n:st ative imeHef shah II,-)e sd,)imn:tt d to the 6ty manager usl:nq a form IlDimoVi,ed Il.-)y the 6ty, and contap :':n aH necessary inforimatl n as deter ni:ned Il,-)y illus; 6ty manager b. A notice of the requested administrative relief shall be sent by first class mail to each owner of property adjacent to, or across a street or alley from, the subject property. The notice shall be postmarked no later than three (3) business days from the date the application is received and deemed complete. The city manager shall render a decision on the application no later than fifteen (15) business days from said illus; date the nodce S Dostin imlked uiNess the appHcant agrees to an extenss:':on C. Granting of the requested administrative relief shall not be detrimental to the subject IlDi'"oIpei or the surrounding properties, as determined by the city manager. d. Relief shall only be granted for the minimum amount necessary to allow the improvement to be made, as determined by the city manager. e. Granting of the requested administrative relief shall not undermine the general spirit and intent of this chapter. f. In granting administrative relief, the city manager may impose reasonable conditions to protect the public health, safety, morals, order, convenience, prosperity, and general welfare. g. No more than one (1) application for administrative relief shall be filed for a property within an eighteen (18) consecutive month period. No more than two (2) applications for administrative relief shall be filed for a property during the period of ownership by a record owner of the property. The term "record owner" shall include any person, firm, corporation, partnership, joint venture, trust, and any related persons, firms, corporations, partnerships, joint ventures or trusts, including beneficiaries of successor trusts. (2) The granting of administrative relief shall be documented with findings consistent with the above requirements and limitations, and filed with any applicable permits, planning and zoning cases, and other records associated with the property for which relief was granted. (3) The decision of the city manager with respect to an application for administrative relief shall be subject to appeal by the applicant to the planning and zoning commission. Said appeal shall be submitted in writing to the city manager no later than five (5) business days from the date of decision. (b) Exceptions. (1) The planning and zoning commission may grant exceptions from the requirements of this chapter GRlj/ Hin cases where a substantial equivalent is ppGpGsed for the FeqUiFeMeRt(4. i egO:imement(s) IS IIDi',"oposed or made a cond,don of illus; ppi ova" ' a. Gap„^vi--he met, aRad--'cr-cdeGGPOPtOGR of the posed suvotaRtial egq'uivaa-lr2R+r A-.r e`r_,1 r 2 Section 25-113 Amendment Regarding Administrative Relief and Exceptions— November 19, 2018 per +he^i��Sfee SGh�r+-i�o Ilxllxli�; ii�nu nim aur � x�;��IIxdon shah II) nuxll,-)mi:tted inn illus; 6ty manages. usl:ng a form IlxroV:,ded Il.-)y the 6ty, and contap :':n aH necessary iunoimimadon as :. he IIp4nnl:nand zonn :':n coimmi:,nnl',on shah Ih6d a xuxll.:)lic heai-lHng on each exceptx 'on IIxIph:c i onnu� V,-A: , notn 'ce gni the Iheai-l'Hn shah -)e xuxlLA,,nlhed I'un a newspaper gnieu eras ' 6:i-atx :':on in the 6ty, at feast one (1) i ime seven, (.7) days to the Iheai-l'Ing b-.C the g rai iri+ and .,++hmo .-haptep GI'« nding of the requested exceIxdon shall.. not underm�:ne theeu eras spl :H-ii and iuntent gni dfls chapter d Any excellxiion granted Il.-)y the Ilp4nnl':nand Bonn :':n commi :':ss: n shah I�,-)e valid for a DeiJod no greater than one Ihundred 6', Ilupy (1 0) days from the dace upon WInRch the excellxil'on I',n canted, unesn C iPdn such IlxDeimiod the requi:red Ilxermi :in are 6,)i i:ned and the woi-[k I'n commenced and xuimnued d'I:limns y toward comllxledon he p4nnl:nand zonn :':n comininnlon may grant extensn'ons not exceedng one Ihundred 6ghty (1 0) days each, upon t i-situ request Il,-)y the apphcant, t iilluoup nodce or IlxxlLAc Iheai-l'ng 3 Section 25-113 Amendment Regarding Administrative Relief and Exceptions— November 19, 2018 Sec. 25-113. -Administrative relief and exceptions. (a) Administrative relief. (1) The city manager may authorize administrative relief in an amount up to ten (10) percent of any quantitative standard contained in sections 25-203, 25-303, 25-401(h), 25-803, and 25-804, unless specifically restricted elsewhere in this chapter, subject to the following requirements and limitations. a. Application for administrative relief 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. b. A notice of the requested administrative relief shall be sent by first class mail to each owner of property adjacent to, or across a street or alley from, the subject property. The notice shall be postmarked no later than three (3) business days from the date the application is received and deemed complete. The city manager shall render a decision on the application no later than fifteen (15) business days from the date the notice is postmarked unless the applicant agrees to an extension. C. Granting of the requested administrative relief shall not be detrimental to the subject property or the surrounding properties, as determined by the city manager. d. Relief shall only be granted for the minimum amount necessary to allow the improvement to be made, as determined by the city manager. e. Granting of the requested administrative relief shall not undermine the general spirit and intent of this chapter. f. In granting administrative relief, the city manager may impose reasonable conditions to protect the public health, safety, morals, order, convenience, prosperity, and general welfare. g. No more than one (1) application for administrative relief shall be filed for a property within an eighteen (18) consecutive month period. No more than two (2) applications for administrative relief shall be filed for a property during the period of ownership by a record owner of the property. The term "record owner" shall include any person, firm, corporation, partnership, joint venture, trust, and any related persons, firms, corporations, partnerships, joint ventures or trusts, including beneficiaries of successor trusts. (2) The granting of administrative relief shall be documented with findings consistent with the above requirements and limitations, and filed with any applicable permits, planning and zoning cases, and other records associated with the property for which relief was granted. (3) The decision of the city manager with respect to an application for administrative relief shall be subject to appeal by the applicant to the planning and zoning commission. Said appeal shall be submitted in writing to the city manager no later than five (5) business days from the date of decision. (b) Exceptions. (1) The planning and zoning commission may grant exceptions from the requirements of this chapter in cases where a substantial equivalent for the requirement(s) is proposed or made a condition of the approval. a. Application for an exception 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. b. The planning and zoning commission shall hold a public hearing on each exception application. Public notice of the hearing shall be published in a newspaper of general circulation in the city, at least one (1)time seven (7) days prior to the hearing. 1 Section 25-113 Amendment Regarding Administrative Relief and Exceptions— November 19, 2018 c. Granting of the requested exception shall not undermine the general spirit and intent of this chapter. d. Any exception granted by the planning and zoning commission shall be valid for a period no greater than one hundred eighty (180) days from the date upon which the exception is granted, unless within such period the required permits are obtained and the work is commenced and pursued diligently toward completion. The planning and zoning commission may grant extensions not exceeding one hundred eighty (180) days each, upon written request by the applicant, without notice or public hearing. 2 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planner Cape Girardeau • 12/3/2018 SUBJECT An Ordinance approving the Record Plat of Rhodes Mount Auburn Subdivision—Amended. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance approves a record plat for a resubdivision of lots at the northwest corner of North Kingshighway and North Mount Auburn Road. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A record plat has been submitted for Rhodes Mount Auburn Subdivision—Amended, located at the northwest corner of North Kingshighway and North Mount Auburn Road. The subdivision is zoned C-2 (Highway Commercial). The original plat of Rhodes Mount Auburn Subdivision was approved and recorded in December 2017. After the plat was recorded, it was determined the access point on North Kingshighway needed to shift slightly to the north in order to obtain MoDOT approval. The shift in access changes the boundaries of some lots and easements in the subdivision. 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 November 14, 2018 meeting, recommended approval of the record plat with a vote of 6 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Nairn•ne: Descriilrrotiion: ❑ Record Plat Rhodes Mount Auburn Subdivision.doc Ordinance ❑ Staff Review-Referral-Action Form. Rheades I AulbUrn SUbdiiviisiioin Airn•nended staff RRA If earirn•n IIAulbUrn SUbdiiviisiioin Airn•nended 771 Map - Rhodes Mount Auburn Subdivision - Aended.pdf MIalI ❑Application - Rhodes Mt Auburn Sub - Amen Rheades I AulbUrn SUbdiiviisiioin Airn•nended Applliicadon ❑36554 Rhodes Mount Auburn Subdivision Amended Record Plat rev11-13-2018- Rhodes 1 AulbUrn SUbdiiviisiioin Airn•nended Plat. df Recoird If="Ilat BILL NO. 18-168 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF RHODES MOUNT AUBURN SUBDIVISION - AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The record plat of Rhodes Mount Auburn Subdivision - Amended, being a resubdivision of all of Rhodes Mount Auburn Subdivision as recorded by plat in Document No . 2017-13829 of the County Land Records, in the City and County of Cape Girardeau, State of Missouri, submitted by Rhodes Properties, L.C. , bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated the 13th day of November, 2018, is hereby approved. ARTICLE 2 . 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 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Rhodes Mount Auburn Subdivision-Amended LOCATION: Mt. Auburn Road/Kingshighway STA FFREVIEW& COMMENTS: A record plat has been submitted to reconfigure the lots at the comer of North Kingshighway and Mt. Auburn Road. SEE STAFF REPORT FOR MORE DETAILS. I X'7 City Planner Date .7 City A 0frey Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION.- Q-01y. --tv��nager Date Planning & Zoning Commission RECOMMENDED A CTION.- Favor Oppose Abstain Favor Oppose Abstain Larry Dowdy Ua L] U Bruce Skinner Jeff Glenn 0, Ll J Doug Spooler 0"", L) L) Kevin Greaser - Ll L) L) Li Tom Welch 0Lj-J/ Patrick Koettina Uj L3 L3 VOTE COUNT: Favor Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: K4" Jeff GI-enn Planning & Zoning Commission Chairman City Council Action Ordinance I"Reading_ Ordinance 2nd& 3d Reading: ORDINANCE # Effective Date: Rhodes Mount Auburn Subdivision - Amended Record Plat r. rr a ' / , / r �r 'a ;;, ll//i/Y / ✓%l Y� /"' r �jli� IU rl r i/' �,'!��/f r�r J,/ /%i I �%�.,, � � r l/ll / r4V rU✓ /� / ,%der/�ly�� V/�r /r/ !✓„ rr J➢ �^"2 l � �r�/��,, ,1 � !//✓ V�Y'r1�,/l /��"/'/��'��,;Vl,�/J � /1�fJr/ f/, fr 1 � � ; fll/rw✓/��f ,1/i.rrr`///r,r�� a �r� r t��/�i//�//'�ry�r/��( 1�%�✓ ;, / I 'I f �� !'° r u,✓r rr/ lyre/ i`r�(� /F'r tier` rr C �� l/ir%�e rrlri/�/pi /, r rMi r/)/i!r Jfir ��r r.%"�,T��/ F y �,�r/,�///I /I!✓�1�/i /r I'�/ 1 /I (U ,i,r,� i/ �/r/ � //r P{y ' ,r/�i/ li a u` / �� V%/i//��r r„r„ r�%r1�✓ � ! 1 f�f ��ri �r // a�+�'"�li/////r✓/rir ��,�, / i Irr r�ir/ r r/llii/ ��/�' �f f � 1 /� f�f I!. 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F�r� s' ;� r�', F�%rr � /f JJ P l ri / u,' /� ////✓�,✓ / r �� /�� I �I ✓� a 1�� --_,,, { fir, "tl /r✓wyrrtj A pyr / ry ✓ r i��///�/r ✓'�/�i��/f vi+r �/r �J / I < KageIRd r "g ,, rf�+ - l� � �/? a 'lyY/yi/,/r/rr/J'//. r/✓/` r r°u��r y'. r% /�/r� ,Y ��Irn r✓ S CITYOf CAPE G 1 R A R D E A U Created by: Development Services ' Carol Peters Legend October 29 2018 r Rhodes Mt.Auburn Subd.-Amended 0 55 110 220 Feet ��il/„r,, „/� Parcels a a SUBDIVISION PLAT APPLICATION A CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT" 401 INDEPENDENCE 81' CAPE GIRARDEAU,MCT 63703(573)339-6327 Name of Subdivision Type of Plat:Preliminary,Record,or Boundary Adjustment Rhodes Mt.Auburn Subdivision -Amended Record Plat Applicant Property towner of Record(if other than Applicant) Rhodes Properties, L.C. Mailing Address City,State,Zip Mailing Address City,State„Zip 2075 Corporate Circle Cape Girardeau, Mtn 61370" Telephone Email Telephone Email 573,339,1300 scottr@plazatireservice.com Contact Person (1f Applicant is a Business or Organization) (Attach additional owners information,if necessary) Scott Rhodes Professional Engineer/Surveyor(if other than Applicant) Developer(if other than Applicant) Koehler Engineering& Land Surveying Mailing Address city,State,Zip Mailing Address City,State,Zip 194 Coker Lane Cape Girardeau, Mo 53791 Telephone Email Telephone Email 573.335,3026 mguesskoehlerengineering.com ADDITIONALITEMS In addition to this completed application form,the following items must be submitted: REQUIRE Review Fee(payable to City of Cape Girardeau) Single-Family or Two-Family Residential: $20.00 per lot($100.00 minimum) Multi-Family Residential.. $'20.00 per dwelling unit($100.00 minimum) See instructions for more Non-Residential: $20.00 per acre($100.00 minimum) information. Recording Fee Deposit(payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18"x 24" $44.00 $24.00 4"x 36" $69.00 $20.00 (The City reserves the right to issue a partial refund or collect an additional fee if The actual recording cost differs from the deposit amount) Two(2)full size prints of the plat £ligital file of the plat in,pdf format(can be emailed) CERTIFICATION I hereby certify that I am the sole Property towner of Record or an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. I furtherP,.acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and clued ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to record ng df`,ihe re rdplat. Applicant Signature and Printed I)N!ame Date OFFICE 115E ONLY Date Received sy MUNIS Application No. Planning&Zoning Commission Recommendation Date City Council Final Action Date Revised 08/11/2016 eoces oW'nv3aavaio 3dvo-a-ioaio alvao juoo scowE. r ala unn S3O0Hli'W 11008:O/O-'O'l'S31Jli3d0ljd S3(30Hli a 'SNCONIA3A21f1S 4Ntll ONtl COW�JNRI33NI�JN3 (19GOWV-NOISIAiaam NHnanv Anon S300HU 2i3�H30�i ® �� d01V�d m CO MU oo O o v po =�o�aso U 0 _ ban W e PRIME x �� cl zJul1Roll 1 Z Jso —z is I as �— is 0 0 m oP�= 0 0 �o _ o =0000 o O w�Cf) o� I o= w � fff) s �� =mN as oo J h a ao 0 p ¢s. = e � Cc m -( g a 0 0 NEE(� U n 9 W m lot cc D W A / - Qo= <o=e LL Ow O Q c w i CL W mW e� / 1 foo s Q trip oNO � a _ m / z w= w o >�9 �s m e z��peds� � J h b c n� a'z � _ 6opo w 1 .� \�NL� \ �✓ oY ` .`�� Y� of �I i i r o g 1y 0 a 0 m Z� \ U jig M w Alg 0 m - � ap�Po� 0 i o s� *anz P z Y e oz ¢v sc o w < ry o� ow" 5 O Q _As i ac c; MUM a 68 Zp .Yz. rP z 00 owo a 5 a aJ •-. 59 bS� z z T �.,rw � e_' r � ^ --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Casey Brunke, P.E., City Engineer AGENDA ' 1 ' Agenda: 12/3/2018 Cape Girardeau City Council ' -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Acceptance of Improvements and Authorize Final Payment for 2017 Wayfinding Signage Project. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The project consisted of installing five (5) Type A-Large Vehicular Signs, three (3) Type B-Small Vehicular Signs, and modifying four (4) existing Type A-Large Vehicular Signs. The locations were on various streets throughout Cape Girardeau. D&S Sign Company, Inc. DBA Canedy Sign & Graphics installed the signs. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- See Engineer's Final Report. FINANCIAL IMPACT --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The total project cost for the wayfinding signs was $67,576.63 and is being funded by City's General Fund. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The placement of the Wayfinding Signage will promote a more "user friendly" feel to the City while helping citizens and visitors alike to explore different parts of the City. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff recommends the Council accept, by motion, the improvements as presented and authorize final payment to D&S Sign Company, Inc. DBA Canedy Sign& Graphics. ATTACHMENTS: Narn•ne: Descriilrrotiion: ❑ Engineers Final Report.pdf f.inagiiineeir°s If iiinall IRelrrooift ❑Wayfinding 2017 Map.pdf ocatiioin Imlalrro CITY Of CAPE GIRAR EAU DEVELOPMENT SERVICES November 27, 2018 Engineer's Final Report on the 2017 Wayfinding Signage Project To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir: I hereby report the 2017 Wayfinding Signage Project, in the right-of-way of various streets in the City of Cape Girardeau, has been completed by D & S Sign Company, Incorporated DBA Canedy Sign & Graphics. The original project consisted of furnishing and installing city- wide wayfinding signage, submitting shop drawings, layouts, samples, and mock-ups for owner approval, structural design and wind-load calculations for all of the signs and foundations, and any other related work as stated in the specifications or shown on the project plans. In 2017 additional signage was required for the public to locate new places. This work was done as Change Order#3. On August 15, 2012, the City of Cape Girardeau entered into an agreement with D & S Sign Company, Inc. DBA Canedy Sign & Graphics for the installation of Wayfinding Signage. The original project consisted of furnishing and installing fourteen (14) Type A-Large Vehicular, twenty (20) Type B-Small Vehicular, nine (9) Type C-Kiosk, and any other related work as stated in the specifications or shown on the project plans. The project was completed April 1, 2013. Since that time there has been additional growth in the City and the City wished to add to the Wayfinding Signage. The work consisted of installing five (5) Type A-Large Vehicular Signs, three(3) Type B-Small Vehicular Signs and modifying four(4) existing Type A-Large Vehicular Signs. I have computed the cost of said improvement as follows: No Item Quantit Unit Unit Price Total Price 1. 5 Type A Signs, 3 Type B 1 LS $ 61,000.00 $ 61,000.00 Signs,Re-face 4 existing Type A signs, and Installation 2. Revised Footing for Sign on 1 LS $ 3,675.00 $ 3,675.00 Route K West Bound at Mount Auburn TOTAL, CONSTRUCTION CONTRACT ITEMS $ 64,675.00 401 Independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F: 573.339.6303 Engineer's Final Report 2017 Wayfinding Signage November 27,2018 PREVIOUS PAYMENT $ 30,500.00 AMOUNT DUE THE CONTRACTOR $ 34,175.00 DESIGN ENGINEERING COSTS $ 2,687.55 CONSTRUCTION ENGINEERING/INSPECTION COSTS $ 214.08 TOTAL PROJECT COSTS $ 67,576.63 Sincerely, Casey Brunke, P. E. City Engineer CB/ki Wayfinding Signage Project Reference Code: 0012060-71390-4254 Purchase Order No. 173278 401 Independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F 573.339.6303 J�\� ---14 DEER CREE gO m� City of Cape Girardeau 0 WALDEN X Wayfinding 2017 Project ESKER New Wa findin Sign Locations WALDEN NO YL Wayfinding 9► LYNW OD HILLS d L IN ON Z )O O O O CAPE AY p W Z F<9q �9 U W w = FRF ° w o°o A w 0 , O �,/`P 0 Q g Q O 4 W ¢ O V AKLE/ Q � w ATRI OT 0E O ? .b CR W p° m �F o k/ LUV �O I GE �� BERT RASC W � MASTERS0 Y � �� O BRUCHER R VL O MAROV/N MAST S R KWOO OCK H T/ T O KL y HY tp N V � P R Y EA ERCR K O� LE NET U JPNE� Q CART ERTLING 4 JP AL END U Mq A R o w HO A G EN ✓F Z AR/ETTA o ZA W W c~i, a m JO Y gNgN D R mA �iq T /LDq 0'(�` 'A NQ N(V GEORGI !F 4 <O Y Z P ACH L/P ERNq Z° LAWANDA 4 WANE sq ANT COVE N FORDEE STODDARD G' RECgRD LL D J � � ¢ 1 FA/RLgN L MBARDO 0 ALU / QUAIL ¢ H7-0 C LINSO/W q OR y U SC AIL R R g ° O FP q T W q >. 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EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance grants a special use permit for a proposed replacement telecommunication tower at 1157 South West End Boulevard. A public hearing on the special use permit request was held on December 3, 2018. BACKGROUND/DISCUSSION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A special use permit application has been submitted for the property at 1157 South West End Boulevard. The property is owned by the City and is zoned R-2 (Single-Family Urban Residential). The applicant(Sprint c/o Cellective Solutions, LLC)is proposing to replace an existing telecommunication tower. The existing tower is covered by a special use permit that was approved in 2005 (the site was zoned M-1, Light Industrial District at the time, which permitted a telecommunication tower as a special use). The proposed replacement tower will be located in the same compound as the existing tower but will be offset by 10 feet. The proposed tower is 47.5 feet taller than the existing tower(197.5 feet proposed vs. 150 feet existing). The existing tower was constructed as a"stealth" monopole with no exposed antennas or radio heads. Some of the covering was later removed, presumably to improve signal performance. The proposed tower is a"semi-stealth" monopole with the antennas and radio heads shrouded by canister-style covering. Certified copies of the application, application file, and the following applicable sections of the Zoning Code are attached: Section 30-401 - Special Use Permits Section 30-404 - Telecommunication Towers The attached ordinance grants a special use permit for the proposed replacement telecommunication tower. A public hearing on the special use permit request was held on December 3, 2018. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- See the attached staff report for analysis. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The staff report to the Planning and Zoning Commission recommended approval of the special use permit request, subject to several conditions. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on November 14, 2018 and recommended approval of the special use permit request, subject to the staff recommended conditions, with a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City Council's public hearing was advertised in the Southeast Missourian on November 18, 2018. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Nairn•ne: Descril IpHion: ❑ SUP SW End Blvd-Sprint-Telecommunication Tower..doc Ordinance 1157 SOLAIln West If.ind I ❑ Staff Review-Referral-Action Form. (Tellecoirn•nirYWniicadon Tower) staff RRA f crirn•n 1157 SOLAIln West If.ind If.:�llvd ❑Staff Report P Z SUP 1157 S West End Blvd Telecommunication Tower.pdf (fellecoirn•nirYWniicabon Tower) staff IRelrrooift 1157 SOLAIln West If.ind ❑Map 1157 S West End Blvd SUP Zoning.pdf I (fellecoirn•nirYWniicabon Tower) Zoning I 1157 SOLAIln West If.ind ❑ Map 1157 S West End Blvd SUP FLU.pdf �llvd (fellecoirn•nirYWniicabon Tower) F1...t.1 I 1157 SOLAIln West If.ind ❑ ST04W697 City of Cape Girardeau Special Use Permit Application.pdf I (fellecoirn•nirYWniicabon Tower) Alpplliicatiion 1157 SOLAIln West If.ind I ❑ _ST0_4RW697_Legal Description for Parent Parcel Leased Area and Access Easement. (Tellecoirn•nirYWniicabon Tower) II...egall DescriilrbHon 1157 SOLAIln West If.ind ❑ ST04W697 Survey 07052005.pdf I (fellecoirn•nirYWniicabon Tower) Siite Survey 1157 SOLAIln West If.ind ❑ ST04 W697 SS Final Zoning 10-3-18.pdf I (fellecoirn•nirYWniicabon Tower) If="Ileus 1157 SOLAIln West If.ind I ❑ ST04 W697 Photosim of 199 Ft pole with K W canister and No MW.JPG (Tellecoirn•nirYWniicabon Tower) I Siiirn•n Illatiioin 1157 SOLAIln West If.ind ❑ ST04 W697 Names and Addresses of Property Owners Adjacent to 1157 South West End Boulevard 2.pdf I (fellecoirn•nirYWniicabon Tower) Adjjaceint Flirolpeifty Owners El Sec 30-401 - Special Use Permits. d Sedoin 30 401 SlIpeciall UseFleirimills Sedoin 30 404 E:I.Sec 30-404 Telecommunication Towers.pdTellecoirnlrYWinicaHoin Towers BILL NO. 18-169 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SPRINT, CELLECTIVE SOLUTIONS, LLC, AND THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING A TELECOMMUNICATION TOWER AT 1157 SOUTH WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City of Cape Girardeau, Missouri is the owner of certain property on which Sprint and Cellective Solutions, LLC, desire to construct, maintain, and operate a telecommunication tower, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said telecommunication tower is 1157 South West End Boulevard, Cape Girardeau, Missouri, which property is presently zoned R-2, Single-Family Urban Residential District; and WHEREAS, a Special Use Permit is required for said use in the R-2, Single-Family Urban Residential District . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Council, having duly considered the application, finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2 . A Special Use Permit for the purposes of constructing, maintaining, and operating a telecommunication tower at 1157 South West End Boulevard, in the City and County of Cape Girardeau, Missouri, located on the following described property: A tract of land located in Outlot No . 53, United States Private Survey No . 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri, more particularly described as follows : Commencing at the Southeast corner of said Outlot No . 53; THENCE, N83005' 26"W, 53 . 31 feet; THENCE, N06054' 34"E, 557 . 47 feet, to the POINT OF BEGINNING; THENCE, N62008' 27"W, 75 . 00 feet; THENCE, N27051' 33"E, 75 . 00 feet; 1 THENCE, S62008' 27"E, 75 . 00 feet; THENCE, S27051' 33"W, 75 . 00 feet, to the POINT OF BEGINNING. is hereby granted to Sprint, Cellective Solutions, LLC, and the City of Cape Girardeau, Missouri, to be effective ten (10) days after the date of passage and approval of this ordinance . The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference . The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri . ARTICLE 3 . Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council . ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 2 Exhibit A SPECIAL USE PERMIT Sprint, Cellective Solutions, LLC, and the City of Cape Girardeau, Missouri, are hereby granted a Special Use Permit for the purposes of constructing, maintaining, and operating a telecommunication tower at 1157 South West End Boulevard, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time : A tract of land located in Outlot No . 53, United States Private Survey No . 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri, more particularly described as follows : Commencing at the Southeast corner of said Outlot No . 53; THENCE, N83005' 26"W, 53 . 31 feet; THENCE, N06054' 34"E, 557 . 47 feet, to the POINT OF BEGINNING; THENCE, N62008' 27"W, 75 . 00 feet; THENCE, N27051' 33"E, 75 . 00 feet; THENCE, S62008' 27"E, 75 . 00 feet; THENCE, S27051' 33"W, 75 . 00 feet, to the POINT OF BEGINNING. This Special Use Permit is granted upon the condition that the grantees be bound by all City ordinances which pertain to the Special Use Permit and that the grantees be bound by the following special conditions which are imposed as a condition of issuance of this Special Use Permit . Upon the failure of the grantees to comply with these special conditions, the Special Use Permit will automatically terminate and the City shall have the right to enter upon the land to abate such special use . SPECIAL CONDITIONS: 1 . This special use shall meet all applicable requirements of the Zoning and Development Codes except for the variance noted herein. 2 . Major modifications to this special use shall require the approval of the City Council . 3 . This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4 . This permit is not transferable without the consent of the City Council . 5 . A variance from Section 30-404 (a) (2) of the Zoning Code is granted as part of the approval of this permit . The telecommunication tower shall not be required to accommodate the co-use of other providers . 6 . The exterior color (s) of the telecommunication tower shall be subject to approval by the City staff. 7 . If the telecommunication tower is used as a flagpole, it shall be illuminated when displaying a flag during non- daylight hours . IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 2018 . Scott A. Meyer, City Manager ATTEST : Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ss . COUNTY OF CAPE GIRARDEAU ) On this day of 2018, 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 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. Notary Public My Commission Expires : (IF APPROVED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 20 , the Cape Girardeau City Council considered the application for a Special Use Permit dated October 1, 2018, filed by Sprint, Cellective Solutions, LLC, and the City of Cape Girardeau, Missouri, for the property located at 1157 South West Boulevard, Cape Girardeau, Missouri for the purpose of constructing, maintaining, and operating a telecommunication tower. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The use authorized by the proposed Special Use Permit, with the stated conditions, would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified in the attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Bob Fox, Mayor Bruce Taylor, Deputy City Clerk (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 20 , the Cape Girardeau City Council considered the application for a Special Use Permit dated October 1, 2018 filed by Sprint, Cellective Solutions, LLC, and the City of Cape Girardeau, Missouri, for the property located at 1157 South West End Boulevard, Cape Girardeau, Missouri for the purpose of constructing, maintaining, and operating a telecommunication tower. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The use authorized by the proposed Special Use Permit, with the stated conditions, would: 1. Substantially increase traffic hazards or congestion 2. Substantially increase fire hazards 3. Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community 5. Overtax public utilities. The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified in the attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Bob Fox, Mayor Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff.R.eview, Referral and.Action on Special Use Permit Application FILE NO, 1379 LOCATION: 1157 South West End Boulevard STAFF REVIEW&.COMMENTS. Cellective Solutions, LLC is requesting a SUP to replace an existing cell tower on property leased from the City of Cape Girardeau in the R-2 (Single-family Urban Residential)zoning district at 1157 South West End Boulevard. SEE STAFF REPORT FOR FURTHER INFORMATION. City Ifq'annex Date e 71, Cit ter Date CITY MAN FERRAL TO THE PLANNING AND ZONING COMMISSION- 1'C'6 Manager Date Planning & Zoning Commission Public Hearing Posting Date: Public Hearing Date: 11/14/18 RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Larry Dowdy a, u Ll Bruce Skinner Lj L) Jeff Glenn La"', L3 Lj Doug Spooler La L3 U Kevin Greaser Lj L) L) Tom Welch Ll Lj Patrick Koetting Lia" Lj Lj VOTE COUNT: — ( 0 Favor Oppose 'J Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: .K+ifi 4&areaser- Jeff Glenn Planning & Zoning Commission Chairman City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance I't Reading_ Ordinance 2nd& 3rd Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: November 14, 2018 SUBJECT: Special Use Permit to Replace Telecommunication Tower at 1157 South West End Boulevard A special use permit application has been submitted for the property at 1157 South West End Boulevard. The property is zoned R-2 (Single-Family Urban Residential). The applicant is proposing to replace an existing telecommunication tower. The existing tower is covered under a special use permit that was approved in 2005. The proposed replacement tower will be located in the same compound as the existing tower but will be offset by 10 feet. The proposed tower is 47.5 feet taller than the existing tower (197.5 feet proposed vs. 150 feet existing). The existing tower was constructed as a "stealth" monopole with no exposed antennas or radio heads. Some of the covering was later removed, presumably to improve signal performance. The proposed tower is a "semi-stealth" monopole with the antennas and radio heads shrouded by canister- style covering. The Zoning Code authorizes the City Council to approve special use permits in accordance with Section 30-401. In order for a special use permit to be approved, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. City staff has reviewed the criteria and made the following determinations: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: The proposed telecommunication tower will not generate any traffic except for technician trips and thus will not increase traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The proposed telecommunication tower will be constructed in compliance with the City's construction codes and thus will not increase fire hazards. GI84AD\GS\ ,,g ;9,1; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding: The proposed telecommunication tower will replace an existing telecommunication tower. The proposed tower will be in the same general location as the existing tower and will have a similar appearance except for the additional height. With the exception of an apartment complex and a mobile home park directly across the street, the immediately surrounding area is mostly non-residential. The existing tower is already clearly visible to those in the apartment complex and the mobile home park, and the additional impact created by the proposed tower will be minor. Thus, the proposed telecommunication tower will not adversely affect the character of the neighborhood. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The proposed telecommunication tower will allow the service provider to make the upgrades necessary for improving its services throughout the region. Thus, the proposed telecommunication tower will not adversely affect the general welfare of the community. Criterion #5: The proposed special use will not overtax public utilities. Finding: The proposed telecommunication tower will only require electrical utility service, which is already being provided for the existing tower. The proposed tower will not generate an electrical demand in excess of the capacity available and thus will not overtax public utilities. In reviewing the application, staff identified one (1) variance. Section 30-404(a)(2) of the Zoning Code requires a telecommunication tower to be designed to accommodate the co-use of at least two (2) other providers and to be made available to other providers for co-use for reasonable terms. The applicant has indicated that due to technical constraints, the proposed telecommunication tower cannot be designed for co- use by other providers. Staff supports a variance to allow the proposed tower to be designed for use by only one (1) provider, for two reasons. First, the telecommunications network in this area has been in existence for many years. The likelihood of additional providers seeking to co-locate at this location in the future is low. Second, in order to accommodate co-use, the design of the proposed tower would have to be substantially modified, resulting in additional height, thickness, or other changes that could make the appearance of the tower more intrusive to the neighborhood. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES Based on the above findings, staff recommends approval of the Special Use Permit request, subject to the following conditions: 1. This special use shall meet all applicable requirements of the Zoning and Development Codes except for the variance noted herein. 2. Major modifications to this special use shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. 5. A variance from Section 30-404(a)(2) of the Zoning Code is granted as part of the approval of this permit. The telecommunication tower shall not be required to accommodate the co-use of other providers. 6. The exterior color(s) of the telecommunication tower shall be subject to approval by the City staff. 7. If the telecommunication tower is used as a flagpole, it shall be illuminated when displaying a flag during non-daylight hours. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 1157 South West End Boulevard Special Use Permit Request /823 Special Use Permit requested for a cell tower 1013 in the R-2 Zoning District X901, g r 1013905 rrent Zoning District: R-2 (Single Family Urban Residential District) 1012 �� 911 Future Land Use Recommendation: Parks and Recreation 1,�, ��,�� /r,/i ///i%!i / ei,/ r///✓ / / //// / r� 1020 1010;..:,...1006 1003 1007 , I /�/ / ��,/ 1 i, � , , �✓�� , �, ��, ,,, � �� 1098 �fiir 1 �`, , �� i ✓/ ,i � ,r/1�� /r/��,,,i/ � �,i' ,. . ;;:.1228,, ..,.,1025 '�lJ. „ , , %� /..✓/ �� ., rllllll I �� it �rr,../ ,f..,/ r,,.; r,. �,,...Ny.., � I, �r rro,r<,.., M. /////„(„� a„ri.. /i.. � //i,1/l/l � ,,,.,� F ,. /✓� % .,, ,,,, iii 1, .„ fr 918 frr ��i//i �,,1 i,;, 1„u,,,,, � �� ,(✓ /r, f, � llr & �f4V) �, a �, Hl 4� 1 �l/ if :.: i..r ,�,,-. ,;1 ,� �Vis; ,.� ,�� ;. / � � f.�rf✓f i; �i. 9 „r C126 ' 00 12 .1n'� 0 1220"', Cell Tower Location ail %/o 123 , 3 Q� ✓//� / r�i�% �// ,�� /o, �itilr��, �1 �/, 1349 a � � /�rl �,i, p 909 1241 „Iii r/,r „i/ /�, f5/i „rl� i�/.,, ,,.1:,➢ , .�. 1, „ / �,,, 71n 909 1221 � I 921 r,,,,,J��/��l�i!/ „��i� �Y ,f/rl�� ; r J �1, IY✓l //4,'% � �e��1400r , �'�� r I/ �, 1 r „r,,, /� �i r� � �f r,.,„,l r �� r �/� � „<., !;rix ;..�� /rl �,„. � / d✓//I� „,„ .fil,- ;rr i �a. r1�%%/...� l /,. ,,. /,/ �/ -i / i, uir 400 ,ii, v ; �!!,l� wry ,,, ? i. ✓�, ; 00 ,Yrr✓,;. , ... ; 921: 140 h1400�;1400� 1400 1400 ,r �i f, ory N / 9 /lift r% 1 ; r ra , 1 0 1400„ 40 ,y % / ,1400 ;,1400%;1400 ,,,1400 is /�,f, ii�( i, v 1 ) rioiii////A, o% '0„+ f-.1400 4�yI / ,i r 1400 14001400 ° ,, , " � i ;1400 4,o Al f / //// 'x!r 1400 1400 ria, 2r, n ��l/if %I �r +/1 ✓��/�r r ,,, ( „ �! �j D ,r!�` �% �,',., �,/i0i e r� / q /�/'/r i �; i 1310 �/ � / � �/� r%�1 V , l 1330 ;rP(r,rirrrao�/ � l 1421 % i ii ,r. ,. / NLegend r �f erns y f. W Parcels U N. Zoning s ,, �� l, �� 1329 1 'G�+UI ,i �N�'' '' District r 1 �� 9 m a r � U M1 . „ CITYof CAPE 1389 � � f�� ...1 RMH r. �, / / G I R A R D E A U � �� 1 i Created by: Development Services ( �/ R4 Carol Peters R2 ;r October 10, 2018 C2 C2 p 1 1157 South West End Boulevard Special Use Permit Request ,, ' `' Special Use Permit requested for a cell tower `$ r L' / p q 35 +l4 fl j in the R-2 Zoning District 1013 1013 Current Zoning District: R-2 (Single Family Urban Residential District) -� 1012 Future Land Use Recommendation: Parks and Recreation i>, %, ,//ii "'%/%Orr%/// o //,%%��c: r<% %1 . ' /,,/,//1240° 100 % ":1264,„�,'�� x:1240 �. ", y(,� r / 1003 ..11 1232 89 36 - e 1076��au4r,�>� ' � /,/ r/;r;, / , i��/ /✓1/ /�,,% ';,, /%L//,r� ,,��ir, 1 ., r .. ,,,,,.:";..1228. �r1224 1088/o 1072, ,� �""✓ o/r ��% ��/ii /%%%///%��/r „J��i �//� ;,"f 1224 a �� 1088 ,"1080 102 9• 1098 / ,,, I(,�,M � „1017,: 1105 . f•�.r+ f �� r r � ��/ Jor ��/ r �Ir/I �� ////i /Oiir 9�� •xti �l' r ; ,,. rr�„ 1109 1 � �! r Ave ' r% %% i%f Ji. 1 ,1200 , •�. %l�/fYh10/IIPrVf�Y�pgY�, I �I ' io(ri�l(l(rtrrrrrn Yrrfi rrtrri iio iR�fPrrrrrrrtri r��r ' 1209 '' Cell Tower LoCatI0f1 .1370 .� 9 1233 rgrv�Nu ,i Q ` /%i ii�,f ', ;� ii/i� r��tJ�'��p'i�� ••••.. 1"327"1311 1231 o 1345 1323 1303 rio // „r �, J /�/1� %pl/l •o .., 1241 Q) 00 1 14 1241 1400 1 400 II 1400 1400 „" � u�,�r; '� J iii 1400 14001400 � r, 1400 1400 1400 1310 rr l INlllllli I ui r�- � rnlll 1330 Legend 1454 ,; Parcels pD f N Future Land Use 1, r W E P Downtown Commercial r fern �r v r General Commercial High Density Residential CITYOfCAPE Institutional G I R A R D E A U r Light Industrial Created by: Development Services Carol Peters �j I �� Mixed Use October 10 2018 Ir� '�� 0 Parks and Recreation REZONING l SPECIAL USE PERMIT APPLICATION CITY 0 "Nx DEVELOPMENT SEWCES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63763(573)339-6327 Property Address/Location 1157 South West End Boulevard', Cape Girardeau, MO 63703 Appliicant Property Owner of Record (if other than Applicant) Sprint c/o Cellective Solutions, LLC City,of Cape Girardeau Mailing Address City,State,Zip Mailing Address City,State,Zip 340 Marshall Road Valley Park, MCI 63088 401 Independence Cape Girardeau„ MO 63703 Telephone Email Telephone Email I! 314-989-98110 susari@cellectivesolutions.com Contact Person (if Applicant is ca Business or Organization) (Attach additional owners information, if necessary) Susan Storie Type of Request: Rezoning,Special Use Permit,or Both Spedal1 Use Permit Existing Zoning District Proposed Zoning District(Rezoning requests only) R-2 Single Family Urban Residential District Legal description of property to be rezoned and/or upon which the special use is to be conducted See Attached Parent Parcel description, Lease Tract Description, and 20'AccesslUtility Easement Description New tower will be within the same leased area- 10 feet from existing tower Describe the proposed use of the property. Replace existing camouflaged telecommunications facility with a new 199'open telecommunications facility ii i Application continues on next page OFFICE USE ONLY Date Received&By File No. MUNIS Application No. Planning&Zoning Commission Recommendation Date City Council Final Action Date it Revised 08/11/2016 Special Use Criteria(Special Use Permit requests only) Explain how the Special Use Permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. No-replacement of existing telecommunications pole will not increase traffic 2) The proposed special use will not substantially increase fire hazards. No- replacement of existing telecommunications pole wall not increase fire hazards n 3) The proposed special use will not adversely affect the character of the neighborhood. No - replacement of the existing telecommunications pole will have no adverse affect 4) The proposed special use will not adversely affect the general welfare of the community. No - replacement of the existing telecommunications pone will have no adverse affect S) The proposed special use will not overtax public utilities. No-replacement of the existing telecommunications pole will not increase the use of public utilities ADDITIONAL ITEMS, In addition to this completed application form,the following items must be submitted: E�IJiIII�E1 ✓ Application fee($135.00 payable to City of Cape Girardeau+additional$80 for Planned Development rezonings) J one(1)list of names and mailing addresses of adjacent property owners See instructions for more / one(1)set of mailing envelopes,stamped and addressed to adjacent property owners information. ✓ one(1)full size copy of a plat or survey of the property, if available / one(1)full size set of plans,drawn to an appropriate scale,depicting existing features to be removed,existing features to remain,and all proposed features such as: buildings and structures,paved areas,curbing, driveways, parking stalls,trash enclosures,fences, retaining walls, light poles, detention basins, landscaping areas,freestanding signs, etc.. (Planned Development rezonings and Special Use Permits only) ✓ Digital file of the plans in .pdfformat(Planned Development rezonings and special Use Permits only;can be emailed) one(1)set of Planned Development documents(Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s)of Record for the property described in this application; 2) They acknowledge that an approved Special Use Permit becomes null and void if the use for which the permit was granted does not commence within twelve(12) months of the approval date, unless an extension has been granted'; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property owner of Record Signature and Printed dame Date (Provide additional owners signatures and printed names in the space below,if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf,and that the Property Owner(s)of Record hereby agree to the above certifications, Applicant signature and Printed game 'TM ' � . �°" � Date r .. Revised 08/11/2016 CITE! OF CAPE GIRARDEAU REZONING / SPECIAL USE PERMIT APPLICATI N INSTRUCTIONS Due to the complex nature of zoning,it is strongly recommended that an applicant discuss their request with City staff prior to filing an application for a rezoning or a Special Use Permit. To speak with a staff member, contact the Development Services Department at(573) 339-6327, Applicants should also discuss their request with adjacent property owners, tenants, and other parties that may be affected should the request be approved. As part of the application, a list of the property owner of record's name and tax mailing address for each adjacent property must be submitted. "Adjacent property" means a property that is next to, or, across a street or alley frorn, the property for which the rezoning or Special Use Permit is being requested, including diagonal orientation. To obtain property information, contact Cape Girardeau County Mapping and Appraisal at (57'3) 243-3123 or visit the County's website at www.capecounty,us, In addition to the list, one (1) set of plain white, business size mailing envelopes properly affixed with first class U.S, postage and addressed to the adjacent property owners must be submitted. Do not include a return address;the City will add its,return address to each envelope prior to mailing the public hearing notice. For requests to rezone a property to PD (Planned Development), please refer to Section 30-341 of the Zoning Code for additional submission requirements. Rezoning and Special Use Permit requests are reviewed by the Planning and Zoning Commission. The application deadline is three (3) weeks prior to the meeting date. The Planning and Zoning Commission meets on the second Wednesday of each month. Applications must be submitted in person or delivered to; City of Cape Girardeau, Development Services Department, 401 Independence Street, Cape Girardeau, MO 63703 Staff will review each application for completeness. If additional information its needed,the applicant will be contacted. Incomplete applications will not be reviewed until the requested information is provided. Once an application has been deemed complete, it will be placed on the Planning and Zoning Commission agenda. A notice of public hearing will be sent to the applicant and the property owners of record for the property pertaining to the request as well as the adjacent properties. In addition, a sign containing information about the public hearing will be posted on the property pertaining to the request. The Planning and Zoning Commission will hold a public hearing on the request. The applicant, property owner(s) of record, or their representative must appear at the hearing and present the request to the Commission. If no one appears, the Commission may table the request. If the Planning and Zoning Commission recommends approval of the request, a public hearing before the City Council will be scheduled. A notice of the public hearing will be advertised in the newspaper. An ordinance approving the request will be prepared for consideration by the Council (if a request involves both a rezoning and a Special Use Permit, two separate ordinances are prepared). If the Planning and Zoning Commission recommends denial of the request, it will be forwarded to the City Council at its next meeting. The Council may either set a public hearing on the application, or file the application. If the application is Red, a letter will be sent to the applicant notifying them of the filing and their right to request a public hearing within ten (10)days. If the applicant fails to request a public hearing within the ten(10)day period,the application will be denied. If the rezoning ordinance passes, it will become effective ten(10) days after the date of passage. If the Special Use Permit ordinance passes, staff, after the ten (10) day period, will submit the document to the Cape Girardeau County Recorder of Deeds Office for recording. A copy of the ordinance(s)and recorded document will be mailed to the applicant. A Special Use Permit becomes null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted. Revised 08/11/2016 f Parent Parcel 11'EjcriRtiagh Part of outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East,City rind County of Cape Girardeau,Missouri. Lcas±TraeLlkscriptlown tract of land located in outlot No. 53, 'United States Private 'Survey No. 2199, Township 30 North,Range 13 East, City and County of Cape Girardeau,Missouri,more particularly described as follows: Coonmencing at the Southeast corner of Bald errltlot 53; THENCE,N83-05'26"W, 53.31 feet; THENCE, 06.54'34"E,557.47 feet,to the POINT OF BEGINNING; TI-IE'NC ,N62"08'27"W,75.0O feet; THENCE,N27"5 1'33"E, 75A feet; THENCE, 62 '01127"E,75.00 feet; THENCE, 27°51'33" ,'75.170 feet,to the POINT OF BEGINNING. 201 A u s/ tfllb Ensoulent A strip of land 20 feet in width being 10 feet on each side of the following described centcrline located in outlot No, 53, United States Private Survey No. 2199, Township 30 North, Mange 13 East, City and County of Cape Ciixardeau,Missouri,more particularly described as follower: Commencing at the Southeast corner of the above described lease tract; TBENCE,N27051'33"E,37.50 feet,to the POINT OF BEGINNING; THENCE,N83°3 '56"E,20.91 feet, TIMNCE,N15"00'54"E, 32.96 feet; THENCE,N68°18'37"E, 16.05 feet,to a point on the gest right-of-way line of West End Blvd, for a terminus. Parent Parcel DescriRdon: Part of outlot l" 53, United States Private Survey No. 2199, Township 30 North, Range, 13 East,City and County of Cape Girardeau, Missouri. J(Agse Tract Description: A tract of land located in outlot No. 53, United States Private Survey No., 2199, Township, 30 North, .Range 13 East, City and County of Ca�pe,Girardeau, Missouri,more particularly described as fellows; Commencing at.the Southeast corner of saidoullot 53, THEN CE,N83 0'05'26"'W, 53.31 feet,- T11ENCE, 06`54'34"E,5�57.47 feet,to,the P01NT OF BECjVqN1NG; NCN THE E,N62"08'27''W, 75.00.fect; THENCE,N27`5 1'33"E, 75.00 feet; THENCE,S62"08'27"E,75.00 feet; T14EN CE,S2705 1'33"W,75,00 feet to the POINT OF BEGINNINIG. 201 Aecm/Utility Easement: A strip of land 20 feet in width being 10, feet on, each side of the f6ilowing,described centerfie, n located in outlot No, 53, United States Private Survey No, 2199, Township 30 North,. Range 13 East,City and County of Cape Girardeau,Missouri,more parficularly described,as follows, Commencing at the Southeast corner of the above described lease tract; THENCE,N27'1'5 1'33".E, 37,50 feet,to the POINT OF BEGINNING; THENCE,N83035'56"E,20,91 feet, TEENCE,N151100'54"'E,32,96 feet, THENCE,N68111 8137TI, 16.05 feet„to a point on the west right-of-way line of West End, Blvd, for a terminus. tTj I�. C7c t viol LUJILLUI iJ3 x #" . � 4� 3 a ix I Mi 2 Nrx A` t � Y Ph 3 R bi ffi ig gR Oil S � Jim Q� 00 o CD Qz a w C— ° 111 cn � x � i aw a II a o� IN � G f f l > M M Q U Q C7 � lr" pne 01 PAl s� U a e pj ..4GAA z S,ljagPV 10 1 Z c U r s `L Z zFS F �_a o z - i 10 U'c O '` 3 i F ao a C o Q . z 1 < J u Z3 10 J W Q .. 20 owl OO2 /JgCa 'o - x ? ri Zz, U " 'z F-1 z JZZz`"ai z? Cor rv.. OOZQ i� L)i 00 10 (J U ww - W a o` �Fxox nz e,Wo F �� W a Z •� _ U Ywz 0�� Pr � J°oh�x a - u�=cu rz ��uc;u� _ U a�0 Q IV Y o m IDr-- w z U Vf 000 ° � a a q Q F�U� W3 Lj— cn i 3 O zp3 rn Qy0 W N _ p Iz d -8 d ¢ a 0 NSN oo¢N a c>�4o c��4o o 3 3 Sow xpr X Z Z WZ N U � o i o 3 0 zZ uw N a - � r I Q Az Z p > ZN US -Z, NS z aap z apU z 3� 3F NO Sow NO w Z- Z" w ZQN w .ry Vi Q w �i z w - U r _ (n a 10 O w �^ m oQ g >J 10 o ww w U - Y LU iw w w�aaoz �� a m �m�o�oor�� O� o oow oz� J www0 rrG2 Q >o>o>oa or w�zw�z�Q�o ww ooaaa�a ord?zffira O E�i opo 000 1omaa LU LU W aaaa¢amcwivvuc�oo�wwww�,w wLLLLc�c�c��zo>o da�zz »fir m I��I�I ISI w� �aaQam -x- a m�zomw�� 000000-wwwwww-�c�c�c�c�a.....zdoaa�zzm�G�»six o��r : \ / \0- ` 5 } .«, \ _ , r\ \_ ` 6 j (\ �ID /= ' w/ \ ) @ k< ?\ r / _ - « , \ [ \\ E / /{ \. ,/ 2 (( ; m ! } (§ >e r \ w, \ ® 4! » _ : - \ eLL - ~ / 3SE \ lz Zzo \){ §§ \` «<«, c c c :— z _ d Z y�22_____ 222222222222_\ ' \ /. 10 \\ �\ \ }g\ \ e / Zzm jo 10 , ( a : \ ( \;!G 5". / \ l � / / ' uuV m V u II ,i /,,,,, /, rff l ( � fir rI . l � � N l,�,f / 1 � J // / 1J 0 / r / rrr�� f / �t�'�1�Jig ulii �, � il� � II illllllll,, �IIIIIIII L..i „�� Imiiuilllllllulll �°�� uuuuuuuullllluiu�u�iiiii�i�j�j��l'll� 1u,4 � ii Ili VV�uuili�Y � +VIIIA "ii i ;� �r pull I Ill viii i o I III ff rrrrr/ /ii rii� /////////,rrrrrrrrrrrrrrrrrrrrrrrrrr // ,rrrrrrrrrrrrrr Names and Addresses of Property Owners Adjacent to 1157 South West End Boulevard Blattner& Erlbacher LLC 600 Highland Cape Girardeau, MO 63701 Bob Robison ETAL c/o Billy Mabrey 2766 Gordonville Road Cape Girardeau, MO 63703 (2 Parcels—211130001001000000 & 211100041005000000) Cape Girardeau Community Sheltered Works d/b/a VIP Industries Inc. PO Box 831 Cape Girardeau, MO 63702 Cape Girardeau Properties III LP PO Box 68 Clarkton, MO 63837 CFB3 LLC c/o Blattner Steel PO Box 2137 Cape Girardeau, MO 63702 City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 (3 Parcels—203160001005000000, 211090028001000000, & 211130003003010000) Cornerstone Assembly Inc. 298 N West End Blvd Cape Girardeau, MO 63701 Danny E Dumey Trust ETAL c/o Danny E& Brenda K Dumey 26093 US Hwy 61 Benton, MO 63736 Darrell & Virginia Miller PO Box 142 Chaffee, MO 63740 Donald W Beasley Jr. Trust 501 Windwood Lake Drive Cape Girardeau, MO 63701 East Missouri Action Agency Inc. 107 N. Industrial Park Hills, MO 63601-3177 Genevieve Brinkopf 915 Minnesota Cape Girardeau, MO 63703 Kidds Oil Co Inc. 1759 Wilson Road Cape Girardeau, MO 63703 Larry Haertling Living Trust 3029 Patriot Drive Cape Girardeau, MO 63701 Leon Frederick& Kimberly Ann E Brinkopf 927 S Minnesota Cape Girardeau, MO 63703 Narvol A Randol Jr. & Amy C Randol ET UX 407 Ridgefield Drive Cape Girardeau, MO 63701 Ranney Park Development LLC PO Box 1568 Cape Girardeau, MO 63702-1568 REC Investments LLC 200 ERB Industrial Drive Fenton, MO 63026 Six Thirty Inc. c/o Tim Goodman 276 S. MT Auburn Road Cape Girardeau, MO 63703 Society For Propagation of the Faith c/o Glenn A Eftink PO Box 640 Advance, MO 63730 The Board of Trustees Cape Girardeau County Public Health Center 1121 Linden Street Cape Girardeau, MO 63703 11/27/2018 Cape Girardeau,MO Code of Ordinances 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 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 forspeciai 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. (Ord. No. 5012, art. 7, 10-2-17) Editor's note— Ord. No. 5012, art. 7. adopted Oct. 2, 2017, repealed the former§ 30-401 and enacted a new section as set out herein. The former§ 30-401 pertained to similar subject matter and derived from Ord. No. 4109, art. 2. adopted March 1, 2010. 1/1 11/27/2018 Cape Girardeau,MO Code of Ordinances Sec. 30-404. -Telecommunication towers; standards. (a) A special use permit is required for a telecommunications tower in all zoning districts within the City of Cape Girardeau. No telecommunication towers shall be allowed on any right-of-way.The location of a telecommunications tower is subject to the following conditions: (1) The applicant shall identify the location of the proposed tower on a map showing the other tower locations within the city. If the proposed tower is located within one (1) mile of an existing tower, the applicant must submit evidence demonstrating why the existing tower is not suitable or available for co-use. (2) The tower shall be designed to accommodate the co-use of at least two (2) other providers and made available to other providers for co-use for reasonable terms. The applicant shall provide a notarized statement as to the availability of the tower for co-use. (3) The design of the tower and accessory structures shall maximize the use of building materials, colors,textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment. (4) The tower shall be set back from the right-of-way line of any public street up to a distance equal to the height of the tower.The tower shall be set back from any structure a minimum distance equal to one and one-half(11/2)times the height of the tower. (5) Towers or antennas located on structures shall not extend more than thirty(30)feet above the highest point of the structure. (6) The tower and antennas shall meet all federal regulations, including, but not limited to, Federal Communication Commission (FCC)emission standards and Federal Aviation Administration (FAA) lighting requirements. (7) Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the city with a copy of the notice to the FCC of intent to cease operations.All obsolete and abandoned towers and accessory facilities shall be removed within six(6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations.The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the city may cause the tower to be removed and issue a special assessment tax bill for the cost of said removal,which shall be a lien against the real property affected. (Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4206, art. 33, 3-7-11) 1/1 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin,AICP - City Planner AGENDA REPORT Agenda: 12/3/2018 Cape GirardeauCouncil --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Recreational Vehicles. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance amends the Zoning Code (Chapter 30 of the Code of Ordinances)to establish regulations for recreational vehicles. A public hearing on the proposed amendment was held on December 3, 2018. BACKGROUND/DISCUSSION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City periodically receives complaints from citizens about people living in recreational vehicles on single-family lots and other locations where they are not permitted to do so by law. Although there are various sections of the Code of Ordinances staff uses in investigating such complaints and enforcing violations,it was recommended language be added to the Zoning Code (Chapter 30 of the Code of Ordinances)to define a recreational vehicle and to prohibit its use as a dwelling except as provided elsewhere in the Code. The attached ordinance amends Chapter 30 to establish regulations for recreational vehicles. The amendment adds a definition of recreational vehicle to Section 30-105 (Definitions) and adds a new Section 30-414 entitled"Recreational Vehicles". Section 30-414 prohibits using a recreational vehicle as a dwelling,with two exceptions. The first exception pertains to travel trailers in mobile home parks,which may be occupied upon grant of a permit by the City Council (Section 27-41(c)). The second exception pertains to travel trailers in travel trailer camps,which maybe occupied for up to twelve (12)months (Section 27-42(1)). Section 30-414 also prohibits connecting a recreational vehicle to a utility line unless the recreational vehicle is used as a dwelling in accordance with Sections 27-41(c)or 27-42(1). A public hearing on the proposed amendment was held on December 3,2018. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The staff report to the Planning and Zoning Commission recommended approval of the amendment. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The Planning and Zoning Commission, at its November 14, 2018 meeting,recommended approval of the amendment with a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The public hearing on the amendment was advertised in the Southeast Missourian on November 18, 2018. ATTACHMENTS: Nairne C:iesciril jphioirn ❑Amending CH 30 Recreational Vehicles-doc Ordinance ❑Chapter 30 Amendment Regarding Recreational Vehicles 2018-12-03 ClhalCpter 30 Amendment IRegardiing IRecreahonall Vehicles(lf.:::diits (Edits Coj.pdf CoICpy) ❑Chapter 30 Amendment Regarding Recreational Vehicles 2018-12-03 ClhalCpter 30 Amendment IRegardiing IRecreahonall Vehicles (Clean Copy}.pdf (Clean CoICpy) BILL NO. 18-170 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING RECREATIONAL VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 30-105, entitled "Definitions", of Article I of Chapter 30 of the City Code, 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: 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) . An animal feeding operation (AFO) as defined by the U. S . Environmental Protection Agency. 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 (1) 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 or naturally vegetated area intended to separate and partially obstruct the view of two (2) adjacent 1 land uses or properties from one another, and to mitigate light, noise, or other nuisances . 'Property Line Bufferyard Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or objects . Building coverage. The aggregate area of the footprints of all buildings on a lot, divided by the lot area. 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 . ,1/2 Total Height r2 Gable Rood Building Height Averge Grady Canopy. A covering, usually of fabric, attached to and supported by a wall and/or a set of poles or posts, which is open on at least three (3) sides . Carport. A roofed structure providing space for the parking of vehicles which is open on at least two (2) sides . Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal, or demolition affecting any exterior architectural feature of a local historic district or landmark. City manager. The city manager of the City of Cape Girardeau, Missouri, or his or her designee . 2 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 . -- --- --- --- r- Open --- --- --- --- Space 24 Conventional Lots 24 Clustered Lots No Open Space 50%Open Space Commercial recreation facility. A commercial facility providing, as a main source of revenue, one (1) or more recreation activities such as billiards, bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activities 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 operation (CAFO) . A concentrated animal feeding operation (CAFO) as defined by the U. S . Environmental Protection Agency. 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. Destruction or removal of a structure or a part thereof. As it pertains to historic landmarks and districts, this term shall also include any act or process which affirmatively destroys, in part or in whole, a landmark or a structure within a 3 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 (1) ordering window or station with a designated lane, providing goods or services to customers while in their vehicles without having to park. Duplex. 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. 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. 4 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. Building . 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. A side of a lot or structure contiguous to or directly facing a street . Funeral home. An establishment in which deceased bodies are prepared for burial or cremation and in which wakes and funerals may be held. 5 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 part thereof, or a portion of a main building, designed or used for the storage of vehicles used by the occupants of the property. 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 manufacture of large or heavy articles; or the extraction, processing, or bulk storage of raw or hazardous materials . 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 commercial 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 . 6 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 manufacturing small or light articles . 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. An off-street space used for the transient parking of vehicles while loading or unloading materials, products, or supplies . 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. Corner o Interior Corner Lot Lot Lot Interior: Flag ;Through: anterior Lot Lot Lot Lot Corner Interior ; Corner Leat Loot Lot Fronto ale' . Lot area. The horizontal surface area of the land within a lot boundary. Lot, corner. A lot abutting two (2) or more intersecting streets . Lot depth. The mean horizontal distance between the front and rear lot lines . Lot, flag. A lot which is recessed and situated behind another lot except for a narrow portion extending to a street . Lot, interior. A lot abutting no more than one (1) street . Lot line. A line representing the boundary of a lot on one (1) side . Lot line, front. A lot line which is contiguous to, or located in, a street . 7 Lot line, rear. A lot line which is opposite a front lot line or, in the case of a corner lot, opposite the shortest front lot line . Lot line, side. A lot line which is neither a front lot line nor a rear lot line . Lot of record. A lot which is part of a subdivision, the plat of which was recorded in the office of the county recorder; or a tract 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 . Lot, through. A lot abutting two (2) or more non- intersecting streets . Lot width. The horizontal distance between two (2) lot lines as measured at the front yard setback line . 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 . 8 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. 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. 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 in the office of the county recorder for 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 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 . 9 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 unenclosed area used for the transient parking of vehicles . 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 at least two (2) sides . A screened-in porch shall not be considered open. Property. A lot or group of contiguous lots having the same ownership. Rehabilitation. Returning a 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 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 . 10 Setback. A distance from a street line or lot line within which principal and accessory structures are prohibited. 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 property. A property meeting the Secretary of the Interior' s standards for evaluating properties for historic registration or designation. Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications outlined in chapter 25 . Stop work order. An order issued by the city manager 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 . This term shall not include an alley. Street, arterial . A street or road of considerable continuity which serves or is intended to serve as a 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. A street which, in addition to servicing abutting properties, intercepts local streets, connects with community facilities, and carries neighborhood traffic to the arterial street systems . Street line. A dividing line between a lot and a contiguous street . Street, local . A street designated to provide access to abutting property from collector and arterial streets . 11 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 . Structure, accessory. 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 . Assort'Structure Principal Building --Lj- Building Line ------------------------------- ------------------------------------------------------- Structure, contributing. A structure which, by location, design, setting, materials, workmanship, feeling, or association, adds to a site' s or district ' s sense of time and place or historical development . Structure, noncontributing. A structure which detracts from a site ' s or district ' s sense of time and place or historical development; or a structure that has lost the integrity of its original design or individual architectural features; or a structure that cannot be feasibly rehabilitated due to extensive physical deterioration or structural damage . Structure, principal . A main or primary structure on a lot . 12 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 . This term shall include 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. This term shall not include 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 . This term shall also not include 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 . Use, accessory. 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 . Use, agricultural . 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 . Use, nonconforming. 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. Use, permitted. A use permitted by right, or a special use . 13 Use permitted by right. A use of land which is permitted in a particular zoning district, without a special use permit . Use, principal . A main or primary use of land. Use, special . A use of land not permitted by right in a particular zoning district, but permitted upon approval of a special use permit in accordance with section 30-401, supplemental regulations . 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. Any portion of a lot not occupied by a principal structure . Yard, front. A yard extending along the frontage of a lot, and being the minimum horizontal distance between the street line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks . In the case of a lot without a principal structure, this term shall mean the area between the street line and the front setback line . Yard, rear. A yard which is opposite a front yard or, in the case of a corner lot, opposite the front yard having the shortest frontage, and being the minimum horizontal distance between the rear lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks . In the case of a lot without a principal structure, this term shall mean the area between the rear lot line and the rear setback line . Yard, side. A yard which is neither a front yard nor a rear yard, and being the minimum horizontal distance between the side lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks . In the case of a lot without a principal structure, this term shall mean the area between the side lot line and the side setback line . 14 Rst:L'L of L.1w M .............................................................................................................................................................. A Glis7�1'„rJ e i''Y,p.r! 4 4F: Sritr is' hereby 'repealed 'in itts entirety and a new Section 30-105, entitled "Definitions", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit : 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: 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) . An animal feeding operation (AFO) as defined by the U. S . Environmental Protection Agency. 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 (1) 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 . 15 Board of adjustment. The board established pursuant to section 30-204 of this chapter. Bufferyard. A landscaped or naturally vegetated area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another, and to mitigate light, noise, or other nuisances . 'Property Line Bufferyard Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or objects . Building coverage. The aggregate area of the footprints of all buildings on a lot, divided by the lot area. 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 Total Height 112 Gable Roof —Building Height verge Grade _. Canopy. A covering, usually of fabric, attached to and supported by a wall and/or a set of poles or posts, which is open on at least three (3) sides . Carport. A roofed structure providing space for the parking of vehicles which is open on at least two (2) sides . Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal, or demolition affecting any 16 exterior architectural feature 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 . -- ; Open -- -- --- --- Space 24 Conventional Lots 24 Clustered Lots No Open Space 50%Open Space Commercial recreation facility. A commercial facility providing, as a main source of revenue, one (1) or more recreation activities such as billiards, bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activities 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 operation (CAFO) . A concentrated animal feeding operation (CAFO) as defined by the U. S . Environmental Protection Agency. 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. 17 Demolition. Destruction or removal of a structure or a part thereof. As it pertains to historic landmarks and districts, this term shall also include 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 (1) ordering window or station with a designated lane, providing goods or services to customers while in their vehicles without having to park. Duplex. 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. 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 . 18 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. y. 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. Building 015 FAR Area 7V 2.0 W=AR 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 . 19 Frontage. A side of a lot or structure contiguous to or directly facing a street . Funeral home. An establishment in which deceased bodies 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 part thereof, or a portion of a main building, designed or used for the storage of vehicles used by the occupants of the property. 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 manufacture of large or heavy articles; or the extraction, processing, or bulk storage of raw or hazardous materials . 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 commercial 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 20 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 manufacturing small or light articles . 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. An off-street space used for the transient parking of vehicles while loading or unloading materials, products, or supplies . 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. Corner o Interior Corner Lot Lot Lot Interior: Flag ;Through: anterior Lot Lot Lot Lot Corner Interior ; Corner Leat Loot Lot Fronto ale' . Lot area. The horizontal surface area of the land within a lot boundary. Lot, corner. A lot abutting two (2) or more intersecting streets . Lot depth. The mean horizontal distance between the front and rear lot lines . Lot, flag. A lot which is recessed and situated behind another lot except for a narrow portion extending to a street . 21 Lot, interior. A lot abutting no more than one (1) street . Lot line. A line representing the boundary of a lot on one (1) side . Lot line, front. A lot line which is contiguous to, or located in, a street . Lot line, rear. A lot line which is opposite a front lot line or, in the case of a corner lot, opposite the shortest front lot line . Lot line, side. A lot line which is neither a front lot line nor a rear lot line . Lot of record. A lot which is part of a subdivision, the plat of which was recorded in the office of the county recorder; or a tract 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 . Lot, through. A lot abutting two (2) or more non-intersecting streets . Lot width. The horizontal distance between two (2) lot lines as measured at the front yard setback line . 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 22 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. 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. 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 in the office of the county recorder for 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, 23 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 unenclosed area used for the transient parking of vehicles . 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 at least two (2) sides . A screened-in porch shall not be considered open. Property. A lot or group of contiguous lots having the same ownership. Recreational vehicle. A recreational motor vehicle as defined by RSMo § 301 . 010 or any vehicle or trailer as defined by RSMo § 301 . 010 which is designed, constructed, or substantially modified so that it may be used for the purposes of temporary housing quarters . Rehabilitation. Returning a 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 therapeutic care for people with substance abuse, mental illness, or other behavioral problems . 24 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 . Setback. A distance from a street line or lot line within which principal and accessory structures are prohibited. 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 property. A property meeting the Secretary of the Interior' s standards for evaluating properties for historic registration or designation. Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications outlined in chapter 25 . Stop work order. An order issued by the city manager 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 . This term shall not include an alley. 25 Street, arterial . A street or road of considerable continuity which serves or is intended to serve as a 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. A street which, in addition to servicing abutting properties, intercepts local streets, connects with community facilities, and carries neighborhood traffic to the arterial street systems . Street line. A dividing line between a lot and a 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 . Structure, accessory. 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 . 26 Acc;essary Structure Principal Building ................ Building Line -------------------------------------------------------- Structure, contributing. A structure which, by location, design, setting, materials, workmanship, feeling, or association, adds to a site' s or district ' s sense of time and place or historical development . Structure, noncontributing. A structure which detracts from a site ' s or district ' s sense of time and place or historical development; or a structure that has lost the integrity of its original design or individual architectural features; or a structure that cannot be feasibly rehabilitated due to extensive physical deterioration or structural damage . Structure, principal . A main or primary structure on a lot . 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 . This term shall include 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. This term shall not include 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 . This term shall also not include 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 . 27 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 . Use, accessory. 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 . Use, agricultural . 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 . Use, nonconforming. 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. Use, permitted. A use permitted by right, or a special use . Use permitted by right. A use of land which is permitted in a particular zoning district, without a special use permit . Use, principal . A main or primary use of land. Use, special . A use of land not permitted by right in a particular zoning district, but permitted upon approval of a special use permit in accordance with section 30-401, supplemental regulations . 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. Any portion of a lot not occupied by a principal structure . Yard, front. A yard extending along the frontage of a lot, and being the minimum horizontal distance between the street line and 28 the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks . In the case of a lot without a principal structure, this term shall mean the area between the street line and the front setback line . Yard, rear. A yard which is opposite a front yard or, in the case of a corner lot, opposite the front yard having the shortest frontage, and being the minimum horizontal distance between the rear lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks . In the case of a lot without a principal structure, this term shall mean the area between the rear lot line and the rear setback line . Yard, side. A yard which is neither a front yard nor a rear yard, and being the minimum horizontal distance between the side lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks . In the case of a lot without a principal structure, this term shall mean the area between the side lot line and the side setback line . r .............................................................................................................................................................. I'Sallii)lirr e Sritr ARTICLE 2 . There is hereby enacted a new Section 30-414 of Article IV of Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Recreational Vehicles", in words and figures, to read as follows : Sec. 30-414 . - Recreational vehicles . Recreational vehicles shall be permitted in all zoning districts, subject to the following: 29 (a) No recreational vehicle shall be used as a dwelling except as provided for in Sections 27-41 (c) or 27-42 (i) of the City Code . (b) No recreational vehicle shall be connected to electric, gas, sanitary sewer, water, or other utility lines unless used as a dwelling in accordance with Sections 27-41 (c) or 27-42 (i) of the City Code . All utility connections shall comply with Chapters 7 and 25 of the City Code . ARTICLE 3 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 4 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 5 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 30 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. -Shipping containers. 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. Scc. 30 43.4. Recireafiiona: vehl kids. 1 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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: 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). An animal feeding operation (AFO) as defined by the U.S. Environmental Protection Agency. 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 (1) 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 or naturally vegetated area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another, and to mitigate light, noise, or other nuisances. Property Line ------------------------ .... ------------------------------------ 4 L Buffryard Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or objects. Building coverage. The aggregate area of the footprints of all buildings on a lot, divided by the lot area. 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. 2 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 112 Total Height 1/2 Gable Roof Builldling Height Averge Grade Canopy. A covering, usually of fabric, attached to and supported by a wall and/or a set of poles or posts, which is open on at least three (3)sides. Carport. A roofed structure providing space for the parking of vehicles which is open on at least two (2)sides. Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal, or demolition affecting any exterior architectural feature 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. --- - --- --- Open ........ ... ...... Space 24 Conventional Lots 24 Clustered Lots No Open Space 50%Open Space Commercial recreation facility. A commercial facility providing, as a main source of revenue, one (1) or more recreation activities such as billiards, bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activities 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 operation (CAFO). A concentrated animal feeding operation (CAFO) as defined by the U.S. Environmental Protection Agency. 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. 3 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Destruction or removal of a structure or a part thereof. As it pertains to historic landmarks and districts, this term shall also include 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 (1)ordering window or station with a designated lane, providing goods or services to customers while in their vehicles without having to park. Duplex. 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. 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. 4 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Budding /— 0.5 FAR �-00, Area 4—2.0 FAP? �► 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. A side of a lot or structure contiguous to or directly facing a street. Funeral home. An establishment in which deceased bodies 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 part thereof, or a portion of a main building, designed or used for the storage of vehicles used by the occupants of the property. 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 manufacture of large or heavy articles; or the extraction, processing, or bulk storage of raw or hazardous materials. 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 commercial 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. 5 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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 manufacturing small or light articles. 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. An off-street space used for the transient parking of vehicles while loading or unloading materials, products, or supplies. 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. Corner Interior; Corner Lot Lot Lot Ilnterioir� Flag :Through: interior Lot Lot Lot Lot I Corner Interior Corner Lot Lot Lot "Franlaye Lot area. The horizontal surface area of the land within a lot boundary. Lot, corner. A lot abutting two (2)or more intersecting streets. Lot depth. The mean horizontal distance between the front and rear lot lines. Lot, flag. A lot which is recessed and situated behind another lot except for a narrow portion extending to a street. Lot, interior. A lot abutting no more than one (1)street. Lot line. A line representing the boundary of a lot on one (1)side. Lot line, front. A lot line which is contiguous to, or located in, a street. Lot line, rear. A lot line which is opposite a front lot line or, in the case of a corner lot, opposite the shortest front lot line. Lot line, side. A lot line which is neither a front lot line nor a rear lot line. Lot of record. A lot which is part of a subdivision, the plat of which was recorded in the office of the county recorder; or a tract 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. Lot, through. A lot abutting two (2)or more non-intersecting streets. Lot width. The horizontal distance between two (2) lot lines as measured at the front yard setback line. 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 6 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. 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. 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 in the office of the county recorder for 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 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. 7 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Parking lot. An unenclosed area used for the transient parking of vehicles. 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 at least two (2) sides. A screened-in porch shall not be considered open. Property. A lot or group of contiguous lots having the same ownership. fRecreational vehicle m ;reanan6flinyo3 . yr� nde or trail im s deflined Il.-)Y II°R&\Ao `301.010 �dvllflch I's des'gned, �:;onstimu�u�:ted, or sU,-)stanJa lye i�n��'ifled so illus ii may II,-)e used for the IlDuimposes of temporary Il ousl:nq q,uhers Rehabilitation. Returning a 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 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. Setback. A distance from a street line or lot line within which principal and accessory structures are prohibited. 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 property. A property meeting the Secretary of the Interior's standards for evaluating properties for historic registration or designation. Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications outlined in chapter 25. Stop work order. An order issued by the city manager 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. 8 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall not include an alley. Street, arterial. A street or road of considerable continuity which serves or is intended to serve as a 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. A street which, in addition to servicing abutting properties, intercepts local streets, connects with community facilities, and carries neighborhood traffic to the arterial street systems. Street line. A dividing line between a lot and a 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. Structure, accessory. 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. ffcessory Strucuire Prriindpal/Building IG. ................................ Building Line Structure, contributing. A structure which, by location, design, setting, materials, workmanship, feeling, or association, adds to a site's or district's sense of time and place or historical development. Structure, noncontributing. A structure which detracts from a site's or district's sense of time and place or historical development; or a structure that has lost the integrity of its original design or individual architectural features; or a structure that cannot be feasibly rehabilitated due to extensive physical deterioration or structural damage. Structure, principal. A main or primary structure on a lot. Subdivision. The division of a parcel of land into two (2)or more lots, or other divisions of land. 9 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall include 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. This term shall not include 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. This term shall also not include 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. Use, accessory. 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. Use, agricultural. 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. Use, nonconforming. 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. Use, permitted. A use permitted by right, or a special use. Use permitted by right. A use of land which is permitted in a particular zoning district, without a special use permit. Use, principal. A main or primary use of land. Use, special. A use of land not permitted by right in a particular zoning district, but permitted upon approval of a special use permit in accordance with section 30-401, supplemental regulations. 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. Any portion of a lot not occupied by a principal structure. Yard, front. A yard extending along the frontage of a lot, and being the minimum horizontal distance between the street line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the street line and the front setback line. Yard, rear. A yard which is opposite a front yard or, in the case of a corner lot, opposite the front yard having the shortest frontage, and being the minimum horizontal distance between the rear lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed 10 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the rear lot line and the rear setback line. Yard, side. A yard which is neither a front yard nor a rear yard, and being the minimum horizontal distance between the side lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the side lot line and the side setback line. Rsta Lof[..,,fr. M .............................................................................................................................................................. I'Sallii)lirr e Sritr 11 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Sec, 30 414, Recreafiona�� veh�des, �;��cr tizonal' �r��llu les shah Il.,-)e IlDeri,Ntted I'u II ,�onx :':n Esti-i:ctx, W,-)lett tax tlhe fr)H Mngu� ( } Vex im��crea onau ' �r��llfl6 shah Il.,-)e Bused x dweH,,n ex�;ept x IlxioV:ded for I',u� S��;tons 27... 41(c) or 27..4,2(1' ext tlh 4�ity Code X11 } Vex im��crea onau ' �r��llfl6 shah. Il.,-)e �:;�xu�nected tax ��ecti-i:c, gas, san�:tary sewer, water, or other UJ,Hty� Hines u�uiNesx u�used x dweH1',n iu� �;�:;�xrdance C Ulla Sectl'ons 27...41(c) or 7...4, (i} of the City ode All u�ut,Hty� �:;�xu�nectl'ons shah �;�xi�nlpx y� Mth Ihapters "7 nd ext tlh City Code 12 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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: 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). An animal feeding operation (AFO) as defined by the U.S. Environmental Protection Agency. 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 (1) 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 or naturally vegetated area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another, and to mitigate light, noise, or other nuisances. Property Line ------------------------ .... ------------------------------------ 4 L Buffryard Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or objects. Building coverage. The aggregate area of the footprints of all buildings on a lot, divided by the lot area. 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. 1 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 112 Total Height 1/2 Gable Roof Builldling Height Averge Grade Canopy. A covering, usually of fabric, attached to and supported by a wall and/or a set of poles or posts, which is open on at least three (3)sides. Carport. A roofed structure providing space for the parking of vehicles which is open on at least two (2)sides. Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal, or demolition affecting any exterior architectural feature 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. --- - --- --- Open ........ ... ...... Space 24 Conventional Lots 24 Clustered Lots No Open Space 50%Open Space Commercial recreation facility. A commercial facility providing, as a main source of revenue, one (1) or more recreation activities such as billiards, bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activities 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 operation (CAFO). A concentrated animal feeding operation (CAFO) as defined by the U.S. Environmental Protection Agency. 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. 2 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Destruction or removal of a structure or a part thereof. As it pertains to historic landmarks and districts, this term shall also include 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 (1)ordering window or station with a designated lane, providing goods or services to customers while in their vehicles without having to park. Duplex. 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. 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. 3 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. Budding /— 0.5 FAR �-00, Area 4—2.0 FAP? �► 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. A side of a lot or structure contiguous to or directly facing a street. Funeral home. An establishment in which deceased bodies 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 part thereof, or a portion of a main building, designed or used for the storage of vehicles used by the occupants of the property. 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 manufacture of large or heavy articles; or the extraction, processing, or bulk storage of raw or hazardous materials. 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 commercial 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. 4 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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 manufacturing small or light articles. 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. An off-street space used for the transient parking of vehicles while loading or unloading materials, products, or supplies. 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. Corner Interior; Corner Lot Lot Lot Ilnterioir� Flag :Through: interior Lot Lot Lot Lot I Corner Interior Corner Lot Lot Lot "Franlaye Lot area. The horizontal surface area of the land within a lot boundary. Lot, corner. A lot abutting two (2)or more intersecting streets. Lot depth. The mean horizontal distance between the front and rear lot lines. Lot, flag. A lot which is recessed and situated behind another lot except for a narrow portion extending to a street. Lot, interior. A lot abutting no more than one (1)street. Lot line. A line representing the boundary of a lot on one (1)side. Lot line, front. A lot line which is contiguous to, or located in, a street. Lot line, rear. A lot line which is opposite a front lot line or, in the case of a corner lot, opposite the shortest front lot line. Lot line, side. A lot line which is neither a front lot line nor a rear lot line. Lot of record. A lot which is part of a subdivision, the plat of which was recorded in the office of the county recorder; or a tract 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. Lot, through. A lot abutting two (2)or more non-intersecting streets. Lot width. The horizontal distance between two (2) lot lines as measured at the front yard setback line. 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 5 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. 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. 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 in the office of the county recorder for 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 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. 6 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Parking lot. An unenclosed area used for the transient parking of vehicles. 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 at least two (2) sides. A screened-in porch shall not be considered open. Property. A lot or group of contiguous lots having the same ownership. Recreational vehicle. A recreational motor vehicle as defined by RSMo § 301.010 or any vehicle or trailer as defined by RSMo § 301.010 which is designed, constructed, or substantially modified so that it may be used for the purposes of temporary housing quarters. Rehabilitation. Returning a 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 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. Setback. A distance from a street line or lot line within which principal and accessory structures are prohibited. 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 property. A property meeting the Secretary of the Interior's standards for evaluating properties for historic registration or designation. Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications outlined in chapter 25. Stop work order. An order issued by the city manager 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. 7 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall not include an alley. Street, arterial. A street or road of considerable continuity which serves or is intended to serve as a 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. A street which, in addition to servicing abutting properties, intercepts local streets, connects with community facilities, and carries neighborhood traffic to the arterial street systems. Street line. A dividing line between a lot and a 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. Structure, accessory. 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. ffcessory Strucuire Prriindpal/Building IG. ................................ Building Line Structure, contributing. A structure which, by location, design, setting, materials, workmanship, feeling, or association, adds to a site's or district's sense of time and place or historical development. Structure, noncontributing. A structure which detracts from a site's or district's sense of time and place or historical development; or a structure that has lost the integrity of its original design or individual architectural features; or a structure that cannot be feasibly rehabilitated due to extensive physical deterioration or structural damage. Structure, principal. A main or primary structure on a lot. Subdivision. The division of a parcel of land into two (2)or more lots, or other divisions of land. 8 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 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. This term shall include 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. This term shall not include 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. This term shall also not include 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. Use, accessory. 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. Use, agricultural. 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. Use, nonconforming. 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. Use, permitted. A use permitted by right, or a special use. Use permitted by right. A use of land which is permitted in a particular zoning district, without a special use permit. Use, principal. A main or primary use of land. Use, special. A use of land not permitted by right in a particular zoning district, but permitted upon approval of a special use permit in accordance with section 30-401, supplemental regulations. 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. Any portion of a lot not occupied by a principal structure. Yard, front. A yard extending along the frontage of a lot, and being the minimum horizontal distance between the street line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the street line and the front setback line. Yard, rear. A yard which is opposite a front yard or, in the case of a corner lot, opposite the front yard having the shortest frontage, and being the minimum horizontal distance between the rear lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed 9 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the rear lot line and the rear setback line. Yard, side. A yard which is neither a front yard nor a rear yard, and being the minimum horizontal distance between the side lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, this term shall mean the area between the side lot line and the side setback line. Rsta Lof[..,,fr. M .............................................................................................................................................................. I'Sallii)lirr e Sritr 10 Chapter 30 Amendment Regarding Recreational Vehicles—December 3, 2018 Sec. 30-414. - Recreational vehicles. Recreational vehicles shall be permitted in all zoning districts, subject to the following: (a) No recreational vehicle shall be used as a dwelling except as provided for in Sections 27- 41(c)or 27-42(i)of the City Code. (b) No recreational vehicle shall be connected to electric, gas, sanitary sewer, water, or other utility lines unless used as a dwelling in accordance with Sections 27-41(c) or 27-42(i) of the City Code. All utility connections shall comply with Chapters 7 and 25 of the City Code. 11 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Anna Kangas, Building & Code AGENDA Agenda: Enforcement Manager Cap_ Girardeau REPORTo uncil 12/3/2018 SUBJECT Revise language regarding renewal period and reciprocity of trade licenses. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- This ordinance revises language on trade license renewals and reciprocity. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The existing ordinance language allows for 1, 2 or 3 year renewals of contractor licenses. At least since 2011, contractor licenses have only been renewed for 1 year at a time. This amendment proposes deleting the 2 and 3 year renewal options, and provides clarification on when late fees are applied to licenses. The existing section on reciprocity of contractor licenses has been troublesome. Staff regularly encounters contractors from other areas of the state or country who meet the local requirements for education and experience, and have passed an examination in another jurisdiction. The current ordinance language only allows staff to reciprocate a license if the other jurisdiction would also reciprocate with the City of Cape Girardeau. There are several jurisdictions who do not reciprocate but do not provide reasoning for this refusal to reciprocate. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Allowing staff to reciprocate licenses if the applicant meets the qualifications and has a similar license in another jurisdiction will allow construction to begin sooner. If another jurisdiction refuses to reciprocate with the City of Cape Girardeau, the current language does not allow staff to issue a license. The applicant must then re-take the exam. Exams are administered by Prometric. Exams may be taken in Cape Girardeau twice a year, in March and October, with examination registration required approximately three weeks prior to the exam. Other testing sites in Missouri include Columbia, St. Louis, Kansas City and Springfield, MO. Columbia also only offers testing twice a year; St. Louis and Springfield offer four times a year, and Kansas City offers testing nine times a year. It is inconvenient to require an applicant to travel to these sites for testing, especially if they hold a valid license. Local development is delayed due to the current reciprocation requirement. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Inspection Services recommends approval of the Ordinance. ATTACHMENTS: Nsrne: DescriilrbHoim ❑Amending CH 15 License required.doc Ordinance 771 Ch 15 reciprocity.docx Ch 15 ireviisiioins 2018.11.7 BILL NO. 18-171 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING RENEWAL PERIOD AND RECIPROCITY OF TRADE LICENSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 15-427 entitled, "License Required" of Article XIV of Chapter 15 of the City Code, reading as follows : Sec. 15-427 . - License required. (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, except as otherwise provided in this Code . Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private property when such work is required to be done in conformance with the ICC International Plumbing Code, shall be a master drainlayer, or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber, except as otherwise provided in this Code . Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the ICC International Mechanical Code and ICC International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, except as otherwise provided in this Code . 1 Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of a licensed electrician, except as otherwise provided in this Code . Any person who engages in or works at building, constructing or renovating any buildings or structures within the City of Cape Girardeau, when such work is required to be done in conformance with the ICC International Building Code, shall be a licensed construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this Code . Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing efforts that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, except as otherwise provided in this Code . Any qualified and licensed technician when performing work under a permit as per the ICC International Codes may install in a very limited and necessary manner, related piping, electrical wiring, duct work, and other hardware to make the equipment installation complete and useable . (b) Classifications requiring license. Classifications of building trades construction licenses for which the city manager shall examine qualifications are : (1) Master plumber. (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. ( 6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance . (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications. 2 (1) Master plumber. The applicant for a master plumber' s license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two-year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years ' experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities . (2) Journeyman plumber. The applicant for a journeyman plumber' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2 ) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer' s license shall have at least three (3) years of practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified 3 technical school, college or university and the city manager may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician' s license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years ' experience in the design, planning and installation of electrical systems . The applicant shall also possess the ability to direct other persons in the performance of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities . ( 6) Journeyman electrician. The applicant for a journeyman electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or 4 university. Those who qualify can perform electrical work in single-family, duplex and triplex residential structures only. The term "residential structures" shall not include dormitories . (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Any maintenance shall be limited to the repair of existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de-energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot install, alter or replace service equipment or any feeder to the service equipment . (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs . (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the city manager as to their competence and ability, but instead shall be issued their license upon application to the city manager. (d) Fees. The annual fee for a building trades license issued hereunder shall as established in the city fee schedule, as amended. (e) Expiration and renewal . A license issued by the city clerk shall expire one (1) , two (2) , or three (3) years from the date of issue and may be renewed upon payment of the annual fee (s) and penalty, if any, as and in the amount (s) established in the city fee schedule, as amended. A licensee whose license has expired longer than ninety (90) days shall reapply in the same manner as the required initial application under this Code . (f) Revocation, suspension. The city manager may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the 5 Cape Girardeau Construction Codes . The suspension shall be for a period of up to ninety (90) days . The city manager may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact . Further, the city manager may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau Construction Codes . Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the city manager not sooner than five (5) days from their receipt of the notice . The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross-examination. All testimony shall be given under oath. The city manager shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses . The decision of the city manager shall be based upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined, based on the license classification requested, as though being licensed for the first time . (g) Examination and registration. Any person desiring to engage in business as a master plumber, journeyman plumber, master drainlayer, mechanical installer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, shall make written application to the city manager for a license . The application shall be made on such forms provided by the city. The applicant shall appear before the city manager so as to establish the applicant ' s compliance with the experience requirements of this article . Applicants for master plumber, journeyman plumber, mechanical installer, master drainlayer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, licenses shall undergo such examination as the city manager shall direct so as to establish the competency and qualifications of the applicant . The city manager shall designate an independent third party for the preparation and supervision of the testing required herein. All examinations given by the city manager or his or her designee shall be standardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations shall be in writing. 6 Applications for a construction contractor, plumbing fixture installer, or apprentice license shall be made on such forms provided by the city. (1) Examination for a master plumber 's license. The examination for a master plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers . (2) Examination for journeyman plumber 's license. The examination for a journeyman plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of plumbing and drainage systems or parts thereof generally. (3) Examination for master drainlayer 's license. The examination for a master drainlayer' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the planning, designing, direction, supervision and installation of public and private sewers and storm drains . (4) Examination for mechanical installer. The examination for a mechanical installer shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus or parts generally thereof. (5) Examination for electrician 's license. The examination for any electrician' s license shall be a written examination of the applicant ' s ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians . ( 6) When license may be issued without an examination. Notwithstanding any other provisions of this section, the city manager may issue a license without an examination under the following terms and conditions : a. If the city manager finds through his or her investigation that the applicant has a similar license issued by another city, state, or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau; and 7 b. If the other licensing authority would grant a license without examination to an applicant holding a license issued by the City of Cape Girardeau; and C. If the applicant pays all fees and meets all the other requirements of this section, except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the renewal requirements as if he were a resident licensee . (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that license, provided however, that they must obtain a new license issued pursuant to this article on or before March 28, 2001 . The holder of an existing electrician license may apply for one of the new licenses set out in section 15-427 (c) (5) , ( 6) , (7) , (8) , (9) and (11) , and shall specify in the application what type of license is desired. If the applicant meets the requirements for training and experience established in section 15-427 (c) for that license as determined by the city manager, that license shall be issued. In addition, applicants for a master electrician license shall personally appear before the city manager to present their application and to satisfy the city manager' s inquiries about their training and experience, before a master electrician license may be issued. (i) Temporary license. The city manager may issue a temporary license pending examination, provided the applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty ( 60) days . (j ) Insurance. Any person who shall apply for a construction trades license pursuant to this article shall state to the city manager whether such applicant, or his employer, has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license . The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300, 000 . 00) , to the city manager with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section 8 shall be exempt from the worker' s compensation and liability insurance verification requirements, and annual renewal fees, when they obtain an inactive license . The holder of an inactive license cannot obtain permits and cannot work in his licensed occupation (s) for compensation except as otherwise provided in this Code . The holder of an inactive license may obtain an active license by complying with all the requirements of this article and applicable state law. is', 'hereby', repealed, ' in its entirety and a new Section 15-427 entitled "License Required", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit : Sec. 15-427 . - License Required. (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, except as otherwise provided in this Code . Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private property when such work is required to be done in conformance with the ICC International Plumbing Code, shall be a master drainlayer, or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber, except as otherwise provided in this Code . Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the ICC International Mechanical Code and ICC International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, except as otherwise provided in this Code . 9 Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of a licensed electrician, except as otherwise provided in this Code . Any person who engages in or works at building, constructing or renovating any buildings or structures within the City of Cape Girardeau, when such work is required to be done in conformance with the ICC International Building Code, shall be a licensed construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this Code . Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing efforts that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, except as otherwise provided in this Code . Any qualified and licensed technician when performing work under a permit as per the ICC International Codes may install in a very limited and necessary manner, related piping, electrical wiring, duct work, and other hardware to make the equipment installation complete and useable . (b) Classifications requiring license. Classifications of building trades construction licenses for which the city manager shall examine qualifications are : (1) Master plumber. (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. ( 6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance . (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications. 10 (1) Master plumber. The applicant for a master plumber' s license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two-year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years ' experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities . (2) Journeyman plumber. The applicant for a journeyman plumber' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2 ) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer' s license shall have at least three (3) years of practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified 11 technical school, college or university and the city manager may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician' s license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years ' experience in the design, planning and installation of electrical systems . The applicant shall also possess the ability to direct other persons in the performance of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities . ( 6) Journeyman electrician. The applicant for a journeyman electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or 12 university. Those who qualify can perform electrical work in single-family, duplex and triplex residential structures only. The term "residential structures" shall not include dormitories . (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Any maintenance shall be limited to the repair of existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de-energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot install, alter or replace service equipment or any feeder to the service equipment . (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs . (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the city manager as to their competence and ability, but instead shall be issued their license upon application to the city manager. (d) Fees. The annual fee for a building trades license issued hereunder shall be as established in the city fee schedule, as amended. (e) Expiration and renewal . Licenses shall expire on March 31 . Licenses may be renewed for the year starting on January 2 upon payment of the annual fee (s) and penalty, if any, as and in the amount (s) established in the city fee schedule, as amended. A late fee shall apply starting on May 1 and every calendar day thereafter until the license is renewed. A licensee whose license has expired longer than ninety (90) days shall reapply in the same manner as the required initial application under this Code . (f) Revocation, suspension. The city manager may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the 13 Cape Girardeau Construction Codes . The suspension shall be for a period of up to ninety (90) days . The city manager may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact . Further, the city manager may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau Construction Codes . Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the city manager not sooner than five (5) days from their receipt of the notice . The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross-examination. All testimony shall be given under oath. The city manager shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses . The decision of the city manager shall be based upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined, based on the license classification requested, as though being licensed for the first time . (g) Examination and registration. Any person desiring to engage in business as a master plumber, journeyman plumber, master drainlayer, mechanical installer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, shall make written application to the city manager for a license . The application shall be made on such forms provided by the city. The applicant shall appear before the city manager so as to establish the applicant ' s compliance with the experience requirements of this article . Applicants for master plumber, journeyman plumber, mechanical installer, master drainlayer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, licenses shall undergo such examination as the city manager shall direct so as to establish the competency and qualifications of the applicant . The city manager shall designate an independent third party for the preparation and supervision of the testing required herein. All examinations given by the city manager shall be standardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations shall be in writing. 14 Applications for a construction contractor, plumbing fixture installer, or apprentice license shall be made on such forms provided by the city. (1) Examination for a master plumber 's license. The examination for a master plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers . (2) Examination for journeyman plumber 's license. The examination for a journeyman plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of plumbing and drainage systems or parts thereof generally. (3) Examination for master drainlayer 's license. The examination for a master drainlayer' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the planning, designing, direction, supervision and installation of public and private sewers and storm drains . (4) Examination for mechanical installer. The examination for a mechanical installer shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus or parts generally thereof. (5) Examination for electrician 's license. The examination for any electrician' s license shall be a written examination of the applicant ' s ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians . ( 6) When license may be issued without an examination. Notwithstanding any other provisions of this section, the city manager may issue a license without an examination under the following terms and conditions : a. If the city manager finds through his or her investigation that the applicant has achieved the examination and education requirements of the City of Cape Girardeau for the license which he is applying, and the applicant has a similar license issued by another city, state, or governmental entity, and in acquiring that license, the applicant has passed an examination 15 equivalent to the examination given by the City of Cape Girardeau; and b. If the applicant pays all fees and meets all the other requirements of this section, except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the renewal requirements as if he were a resident licensee . (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that license, provided however, that they must obtain a new license issued pursuant to this article on or before March 28, 2001 . The holder of an existing electrician license may apply for one of the new licenses set out in section 15-427 (c) (5) , ( 6) , (7) , (8) , (9) and (11) , and shall specify in the application what type of license is desired. If the applicant meets the requirements for training and experience established in section 15-427 (c) for that license as determined by the city manager, that license shall be issued. In addition, applicants for a master electrician license shall personally appear before the city manager to present their application and to satisfy the city manager' s inquiries about their training and experience, before a master electrician license may be issued. (i) Temporary license. The city manager may issue a temporary license pending examination, provided the applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant achieved the examination and education requirements of the City of Cape Girardeau for the license which he is applying and the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty ( 60) days . (j ) Insurance. Any person who shall apply for a construction trades license pursuant to this article shall state to the city manager whether such applicant, or his employer, has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license . The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300, 000 . 00) , to the city manager with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. 16 (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section shall be exempt from the worker' s compensation and liability insurance verification requirements, and annual renewal fees, when they obtain an inactive license . The holder of an inactive license cannot obtain permits and cannot work in his licensed occupation (s) for compensation except as otherwise provided in this Code . The holder of an inactive license may obtain an active license by complying with all the requirements of this article and applicable state law. 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 , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 17 Sec, 15_427, _ N 'cense required. (a) License required. Any person who engages in orperforms work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral aavvara on public property, recorded aaaarnanta or on private property, when such work is required to be done in accordance with the |{}{} International Plumbing {}oda' shall be a |ioanaad master orjourneyman plumber, or shall be working under the direct supervision of a licensed plumber, except aaotherwise provided inthis Code. Any person who engages in or works at the installation of the sanitary or storm building aavvar' starting five (5) [aat beyond the building foundation vva||' (and of building drain) orany work concerning the installation of sanitary or storm, trunk' main and lateral aavvara' on public property, recorded aaaarnanta' or on private property when such work is required to be done in conformance with the |{}{} International Plumbing {}oda' shall be a rnaatardrain|ayar' or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber, except aaotherwise provided inthis Code. Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping' related duct and venting requirements in connection with the appropriate service on oonaurnara premises within the oib/' vvhara such work is required to be done inconformity with the |{}{} International Mechanical Code and |{}{} International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, except as otherwise provided in this Code. Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of alicensed electrician, except aaotherwise provided inthis Code. Any person who engages in or works at building, constructing or renovating any buildings or structures within the {}ib/ of Cape Girardeau, when such work is required to be done in conformance with the |{}{} International Building {}oda' shall be a |ioanaad construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this {}oda. Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing aMbda that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, except aaotherwise provided inthis Code. Any qualified and |ioanaad technician when performing work under permit as per the |{}{} International {}odaa may install in avery limited and necessary manner, related piping' a|aotrioa| wiring, duct work, and other hardware to make the equipment installation complete and useable. (b) Classifications requiring license. {}|aaai[ioadona of building trades construction licenses for which the city manager shall examine qualifications are: (1) Master plumber. (2) Journeyman plumber. (3) Mechanical installer. (4) Master drain|ayac (5) Master electrician. (}) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance. (8) Sign contractor, electrician. (1O) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications. (1) Masterplumber The applicant for a master plumber's license shall have at least one (1) year axpahanoa as a |ioanaad journeyman plumber orin lieu thereof, poaaaaa such axpahanoa or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of axpahanoa in the design, planning and installation of plumbing ayatarna' house drainage and structure ventilation; or b. The satisfactory oornp|adon of two-year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years' experience in the design, planning and installation of plumbing ayatarna' structure drainage and structure ventilation. The applicant shall also possess the ability todirect other persons inthe performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and haoi|idaa. (2) Journeyman plumber The applicant for a journeyman plumber's license shall have at least four (4) years practical axpahanoa working in the trade for which the applicant is applying for a license. The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer The applicant for amechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a |ioanaa. The oib/ manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four(4) year practical experience requirement if the applicant has a four (4) year degree from acertified technical school, college oruniversity. (4) Master drainlayers. The applicant for a master drainlayer's license shall have at least three (3) years of practical experience working in the trade for which the applicant is applying for a license. The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician's license shall have one (1) year axpahanoa as |ioanaad journeyman electrician or in lieu thereof, poaaaaa such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four(4) years' experience in the design, planning and installation of electrical ayatarna. The applicant shall also possess the ability bzdirect other persons inthe performance o[electrical work, and shall beskilled inplanning, designing and installing a|aothoa| fixtures and haoi|idaa. (G) Journeyman electrician. The applicant for a journeyman a|aothoian'a |ioanaa shall have at least four (4) years practical axpahanoa working in the trade for which the applicant is applying for a license. The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four(4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician's |ioanaa shall have at least four (4) years practical axpahanoa working in the trade for which the applicant is applying for a license. The city manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the city manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. Those who qualify can padbrrn electrical work in single-family, duplex and triplex residential structures only. The term "residential structures" shall not include dormitories. (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Any maintenance shall be limited to the repair o[existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de-energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot install, alter or replace service equipment or any feeder to the service equipment. (8) Sin contractor, electrician. The applicant for the sign contractor, electrician |ioanaa shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Those who qualify may install, alter, add to or change any electrical wires, apparatus, raoavvaya' conduit or any part thereof on a|aotrioa| signs, and are qualified to erect signs. (1O) Construction contractor and plumbing fixture installer Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the oib/ manager as to their competence and ability, but instead shall beissued their license upon application tothe city manager. (d) Fees. The annual [aa for building trades |ioanaa issued hereunder shall as established in the city fee schedule, aaamended. (8) Expiration and renewal. LiceD!:3e!:3 :3h�: || e�!<pire �D K8�:Irchi 31LiceD!:3e!:3 nO�:Vy �e reDexv&�J for the onJ�nuary � --t- Gf4ssue and may upon payment of the annual [aa(a) and pana|b/' if any, as and in the amount(s) established in the oib/ [aa aohadu|a' as amended. A |�: te fee :3h�: || �:Ipp|y :3t:11-fiiDg K8 :y 1 �:ID� every ca|eD��Jar��Jwy there�:IfleruIII ti| tie |iceD!:3e i!�:,3 reDexve��J A licensee whose license has expired longer than ninety (90) days shall reapply in the same manner as the required initial application under this {}oda. /O Revocation, suspension. The oib/ manager may suspend the |ioanaa of any person who is convicted in the Municipal Court of{}ape Girardeau, Missouri, of violating any provision of the Cape Girardeau Construction Codes. The suspension shall be for a period of up to ninety (90) days. The ohv manager may revoke any |ioanaa obtained through nondisclosure, misstatement or misrepresentation of a material fact. Further, the city manager may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau Construction Codes. Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the city manager not sooner than five (5) days from their receipt of the notice. The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross-examination. All testimony shall be given under oath. The oib/ manager shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses. The decision of the city manager shall be based upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined, based on the |ioanaa classification requested, as though being |ioanaad for the first time. (g) Examination and registration. Any person desiring toengage in business aaa rnaab*r plumber, journeyman plumber, rnaatardrain|ayar' mechanical installer, master electrician, journeyman electrician, residential electrician, a|aotrioa| maintenance, or sign contractor electrician, shall make written application to the city manager for a license. The application shall be made on such forms provided by the city. The applicant shall appear before the city manager so as to establish the applicant's compliance with the experience requirements of this article. Applicants for master plumber,journeymanplumber, mechanical installer, master drain|ayar' master electrician,journeyman electrician, residential a|aothoian' a|aotrioa| maintenance, or sign contractor electrician, licenses shall undergo such examination as the city manager shall direct so as to establish the competency and qualifications of the applicant. The city manager shall designate an independent third party for the preparation and supervision of the testing required herein. All examinations given bythe city manager shall bastandardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations shall be in writing. Applications for construction contractor, plumbing fixture installer, or apprentice |ioanaa shall bemade onsuch forms provided bythe city. (1) Examination /bra master plumber's license. The examination for master plumber's |ioanaa shall be a written examination of the applicant's ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers. (2) Examination /brjourneynvanplumber's license. The examination [ora journeyman plumbers license shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of plumbing and drainage ayatarna or parts thereof generally. (3) Examination for master drainlayer's license. The examination for a master drainlayer's license shall be a written examination of the applicant's ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the planning, designing, direction, supervision and installation o[public and private aavvara and storm drains. (4) Examination for mechanical installer The examination for a mechanical installer shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus orparts generally thereof. 05) Examination for electrician's license. The examination for any electrician's |ioanaa shall be a written examination of the applicant's ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians. (6) When license may be issued without an examination. Notwithstanding any other provisions of this section, the city manager may issue a license without an examination under the following terms and conditions: a. If the oib/ manager finds through his or her investigation that the applicant has �:I&ieve��J the ��nOiD�ti�D �:ID� e��Jucati�D the City �fC�:Ipe (3ir:lndeEu f�)rthe |iceD!:3e xvhichi he i!:3 �:Ipp|ying. tie �:Ipp|icantasimilar license issued byanother city, state, orgovernmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given bythe City o[Cape Girardeau; and -11 011, Aould pe Giiardeau; and ** b If the applicant pays all [aaa and rnaata all the other requirements of this aaodon' except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the ranavva| requirements as if he were a resident |ioanaaa. (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that |ioanaa' provided however, that they must obtain a new license issued pursuant to this article on or before March 28' 2001. The holder o[an existing a|aothoian |ioanaa may apply for one of the new|ioanaaa set out in (o) (5)' (0)' (7)' (8)' (8) and (11)' and shall specify inthe application what type o[license iadesired. |[the applicant rnaata the requirements for training and experience established in (o) for that |ioanaa as determined by the city manager, that |ioanaa shall be issued. In addition, applicants for a master electrician |ioanaa shall personally appear before the oib/ manager to present their application and to satisfy the city manager's inquiries about their training and axpahanoa' before amaster electrician license may baissued. (i) Temporary license. The oib/ manager may issue a temporary |ioanaa pending examination, provided the applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant �:Ichiev&�J the �:ID��J e(Jucati�D r��uir�nO�Dt� �fthe City C�:Ipe (3ir:lndeEu f)rtie |iceD!:3e xvhichi he �:Ipp|yiDg �:ID� tie �:Ipp|icaDt has p8SS8d an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty (00) days. 0) Insurance. Any person who shall apply for a construction trades license pursuant to this article shall state to the oib/ manager whether such applicant, or his arnp|oyar' has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license. The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300,000.00), to the city manager with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section shall be exempt from the worker's compensation and liability insurance verification requirements, and annual ranavva| [aaa' when they obtain an inactive |ioanaa. The holder o[an inactive |ioanaa cannot obtain permits and cannot work in his |ioanaad occupation(s) for compensation except as otherwise provided in this Code. The holder of an inactive |ioanaa may obtain an active |ioanaa by complying with all the requirements of this article and applicable state law. ((}rd. No. 1213' ad. 1' 8-3-82; (}rd. No. 1828' §§ 3--17' 3-18-80; (}rd. No. 2488' ad. 1' 3-15-88; (}rd. No. 3903, Art. 1' 3-3-08; (}rd. No. 4824, ad. 2' 3-7-10; (}rd. No. 4930, ad. 3' 1-23-17) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Casey Brunke, P.E., City Engineer AGENDA ' 1 ' Agenda: 12/3/2018 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT An Ordinance accepting a Permanent Drainage Easement for for 439 Optimist Drive, from Billy Joe Bragg and Carol Ann Bragg, in the City of Cape Girardeau, Missouri.. BACKGROUND/DISCUSSION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City is constructing an 8 foot by 3 foot box culvert in Arena Park as part of the Arena Creek Box Culvert Project. A permanent drainage easement was needed at 439 Optimist Drive for the box culvert structure. FINANCIAL IMPACT Billy Joe Bragg and Carol Ann Bragg have donated the Permanent Drainage Easement to the City. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City the right to excavate, build, construct, operate, maintain, and repair the drainage systems and its related components in the easement area. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff recommends Council approve the attached Ordinance accepting a Permanent Drainage Easement for 439 Optimist Drive from Billy Joe Bragg and Carol Ann Bragg. ATTACHMENTS: Narn•ne: Descriilrrotiion: ❑ Permanent Drainage Easement Optimist Drive.doc Ordinance ❑ 0pti ist North Bragg executed.pdf F11Dlf.:::fear 430 OlpHrn•niisI IDir 77120181010 Arena Park Easement Exhibit Updated.pdf F11Dlf.::: If.:::xlhiildiit BILL NO. 18-172 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT DRAINAGE EASEMENT FOR 439 OPTIMIST DRIVE, FROM BILLY JOE BRAGG AND CAROL ANN BRAGG, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept a Permanent Drainage Easement from Billy Joe Bragg and Carol Ann Bragg, for 439 Optimist Drive, in the City of Cape Girardeau, Missouri, described as follows : A PART OF LOT NO. 2, TRIPLE-B SUBDIVISION AS RECORDED IN PLAT BOOK NO. 16 AT PAGE NO. 84 OF THE LAND RECORDS OF THE COUNTY RECORDER' S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF LOT NO. 2, TRIPLE-B SUBDIVISION; THENCE S 820 59 ' 41" E, 28 . 94 FEET ALONG THE SOUTH LINE OF LOT NO. 2; THENCE N 110 15 ' 05" E, 6 . 33 FEET; THENCE N 160 19 ' 46" W, 36 . 06 FEET; THENCE N 780 45 ' 22" W, 15 . 28 FEET TO THE WEST LINE OF LOT NO. 2, TRIPLE-B SUBDIVISION; THENCE S 060 50 ' 19" W, 40 . 56 FEET TO THE POINT OF BEGINNING, CONTAINING 932 SQUARE FEET, MORE OR LESS . ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 1 PERMANENT DRAINAGE EASEMENT 439 Optimist Drive Cape Girardeau,Missouri KNOW ALL MEN BY THESE PRESENTS: BILLY JOE BRAGG and CAROL,ANNX,� BRAGG in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby aelcnowledged, does hereby grant, bargain, sell and convey to the CTTY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege,permission and authority to enter on and upon the following described property, which is solely owned by the undersigned located in the City and County of Cape Girardeau,Missouri, to-wit: A PART OF LOT NO. 2, TRIPLE-13 SUBDIVISION AS RECORDED IN PLAT BOOK NO. 16 AT PAGE NO. 84 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT NO. 2, TRIPLE-B SUBDIVISION; THENCE S 82° 59' 41" E, 28.94 FEET ALONG THE SOUTH LINE OF LOT NO. 2; THENCE N 11° 15' 05" E, 6.33 FEET; THENCE N 16'19' 46" W, 36.06 FEET; THENCE N 78° 45' 22" W, 15.28 FEET TO THE WEST LINE OF LOT NO. 2, TRIPLE-B SUBDIVISION; THENCE S 06° 50' 19" W, 40.56 FEET TO THE POINT OF BEGINNING, CONTAINING 932 SQUARE FEET, MORE OR LESS. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants, and assigns to use said property to excavate, build, maintain, construct, operate, and repair certain drainage improvements and the related components from time to time, in, on, upon, or across said described property, and maintain with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission, and authority herein granted are perpetual and shall run with the land. I The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. i i [Remainder of page intentionally left blank. Signature page to follow.] IN WITNESS WHEREOF, the undersigned has executed this easement this _day of OC:-�O�,)y - _,2018 r Billy Joe 14ragE STATE OF ss. COUNTY OF CLLa(L i (tL(�pacq ) BE IT REMEMBERED, that on this I 1 day of � .�V) C 2018, before me, personally appeared Billy Joe Bragg, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: :O Yp�aG- LOMLOM V. My CW0 M SEAL Cve Garrrhion M3A0Q043 [Remainder of page intentionally left blank Signature page to follow.] a i e Carol Anna;Bragg STATE OF tL\\ SS Q,`� ) ss. COUNTY OFC-bio-e- G'( yo,_( cVeaLA) BE IT REMEMBERED, that on this i day of__ Q_ �3e K_ 2018, before me, personally appeared Carol Anna Bragg, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. 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LLUL E LU w LL w w 18 z 0. w g <� vw, oz . - - LL zw 0 9 W, zw �6 " w 0 0 's z z o LZL, 'S w zo -; mo �zs 2 3: z w o o w d 2 C'f w 9 U) (w) W x z Lu W- 1., 0 Oz W EO: a w Z: w wm W,, 0_(/) m z OL Iff 2 W, 0 Z Lo m w u- N 2 0 2 0 < U) ED Z LL 0 q 0 w 0 oz z w cq t , w L U) OW C; w EE Lo ME w Lu 01 0 0 D w w z z n z > m 0 LL 0 g 0 coo z 0 co D uj z a CLOLJ �ze 0. =0, �oi wz I W F- 0 o 2 m w z z o 0 10 0 m w 0 w 0 , Lu C,co 0 w 0 Do o w L w b w w =) < m w :2 �: m m m W w - 0 2 ol Ml 1.01 ILI w Q. D co J !Mt of, "V ;:r- -L3Vdl 09 C� lov�,-L .09 ............6 ...... .90S —t4,0—,SAklQi@ -gA" ('_LSin,_Lclo Cli�I Z Z zw cr) 10 w ui 9w(�L 2 2 TO w Li 2 UJ > 'o < < .0 w W Lu LU Z�L Cf) D F- F- 0 ZO co Lu 4) 0 0 0 ui z co 2 ISV3 WK 3NOZ'O'd'S'VY w Ir 69(]VN'HIUON ONE) z 0 N d ci W LU --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planaer Cape Girardeau City Council 018 • SUBJECT An Ordinance approving the Record Plat of Crowe Subdivision. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance approves a record plat for a two (2)lot subdivision at the southeast corner of North Sprigg Street and Lexington Avenue. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A record plat has been submitted for Crowe Subdivision, located at the southeast corner of North Sprigg Street and Lexington Avenue. The subdivision is zoned R-4 (Medium Density Multifamily Residential) and NC (Neighborhood Commercial). The plat subdivides a tract into two (2)lots, with the new lot lines following the boundary line between the two zoning districts. 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 November 14, 2018 meeting, recommended approval of the record plat with a vote of 6 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Nairn•ne: Descril IpHion: ❑ Record Plat Crowe Subdivision.doc Ordinance ❑ Staff Review-Referral-Action For .pdf Crowe SUbdiiviisiioin staff RRA If earirn•n ❑ Map Crowe Subdivision.pdf Crowe SUbdiiviisiioin I ❑Application - Crowe Subdivision.pdf Crowe SUbdiiviisiioin Alpplliicatiion ❑36370 Crowe Subdivision plat 11-28-18.pdf Crowe SUbdiiviisiioin IRecoird If="Ilat BILL NO. 18-173 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF CROWE SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The record plat of Crowe Subdivision, being that part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 31 North, Range 14 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, submitted by SEMO Legends, LLC, a Texas Limited Liability Company, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated the 28th day of November, 2018, is hereby approved. ARTICLE 2 . 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 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action- Subdivision Application FILE: Crowe Subdivision 1.0CATION:North Sprigg Street& Lexington Avenue STAFF' F,VIE W& COMMENTS. A record plat has been submitted to create a new two(2)lot subdivision at the southwest comer of North Sprigg Street and Lexington Avenue. SEE STAFF REPORT FOR MORE DETAILS. City Plannef`--� Date City ne Date CITY MANA ER)REFERRA L TO THE PLANNING AND ZONING COMMISSION. er � Date" PZann�ing &�Zon�ing C=m=ssion� RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Larry Dowdy g/ Ll U Bruce Skinner L3 L) Jeff Glenn Ll L) Doug Spooler Ud Ll L) Kevin Greaser L3 Lj Tom Welch Ll Patrick Koetting Ll Lj VOTE COUNT: Favor Oppose C) Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: -K *Treaser- Jeff Glenn Planning & Zoning Commission Chairman City Council Action Ordinance I"Reading_ Ordinance 2nd& 3rd Reading: ORDINANCE 9 Effective Date: Crowe Subdivision i i s aipl .Fr /.ii „ , Lexington ,i,i�,/i ,aa�,�///i!,�ii9, ✓iii / ao�� e�� / �/'/�/'`/// r ///%(,/�/�///�rv'�/✓�r%�r G� vl""'"" ,,, ,`,�r""� J '�n,�,� Yy��% /%/�/f��/✓ ��%1 �r it +�� 1,'�+ i J�! ,,,�-- iVi FilJti rP�'�Il;ll��f/��/ 1,,� 'P >'' " �/�i /.r �1ilr / %��dr�� "'�4;�� l�j � ;`rel��i/i/J✓� / �p' // ✓�/i7 r ri / f r/lr; �� . +� � i fs^^�l✓j� ��rn"i Jw '� I� rurlpr� �i�i�1�/��.17 � J �� trr /tel 4% a �'1✓i � i iJ'fl r �r� �I f;�A7w n "�,a � l�ji i �,; r I � G „i�� r I %i �}c��✓l� r��;��'r�,�" ae� "��triy'.N ra (�; >`�!(id� ��„r1 '�� `I r /�� '�r""li�r�/� 1 ,,�� , ( ✓� �L— �'!� ��r�,,/i kri �il�r(o "n�T� t; m, 9 'l�� r�� ql r� � P ��/�/ii' ftr��/�'��l✓;��/J�r�� J Q— �%l r r i/''/��io��;"° G'� �1 W r"'",��"r,; �,�„ir��r'(� �� / /j. �i.,�✓�t �� ///� ' 4 „ /,.,, �� op�m)ku�riNrd 9�@ �topt �� 'rf a i P /j r � �✓r/ �� -� //i 6 �a 6 r4,P rP r r ��'�'I✓�J �” ,l' i �� I✓/>r ri�///'U; r trrwro PWd[rrYVrr�po irY/1////fi✓� �� r" �� ✓✓ i Ir � Ir/(1(� r�u� x�., !� '/ � „��i �, �G/iiiiiiii�///moi ,,%✓� � w•' ��'. �IIG��//�/ ad G r i✓I mn�� g J A,fill 7 i i � r /off ai! /f +� ��r r✓r II �' I� �� ✓ �i � a°�� k1'fJe�iw°' i'��iu'r`r�'>rr`f'� ��A' ��1�17�/ J �iiPf; i � � I ✓ I� l at ^/1 yit» �� P%< r,l�'tl�l��iii✓�;`�� , t� N � / ,X11+i�� !� %�r (�� ✓� J1 / �! � 1�6�r W E i f�� i Fairway Blvd CITYOf CAPE ,�� r �� 4 (' @ - G 1 R A R D E A U Created by: Development Services Carol Peters " � � ,, Legend October 29, 2018 MyN U` "IMz r Crowe Subdivision 0 105 210 420 Feet arcels rr d SUBDIVISION LAT APPLICATION CITY QJ CAPE LIRA► G EAU * ' DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU, MO 63703(573)339-6327 Name of Subdivision Type of Plat: Preliminary,Record,or Boundary Adjustment Crowe Subdivision Record Plat Applicant Property Owner of Record (if other than Applicant) Koehler Engineering & Land Surveying SEMO Legends, LLC Mailing Address City,State,Zip Mailing Address City,State,Zip 194 Coker Lane Cape Girardeau, Mo 63701 5646 Milton St, Ste 410 Dallas, TX 75206 Telephone Email Telephone Email 573.335.3026 mguess@koehlerengineering.com 469.585.5743 ejakimier@domusdevelopmentlic.cor Contact Person(If Applicant is a Business or Organization) (Attach additional owners information,if necessary) Eric Jakimier Professional Engineer/Surveyor(if other than Applicant) Developer(if other than Applicant) Koehler Engineering & Land Surveying Mailing Address City,State,Zip Mailing Address City,State,Zip 194 Coker Lane Cape Girardeau, Mo 63701 Telephone Email Telephone Email 573.335.3026 mguess@koehlerengineering.com ADDITIONAL ITEMS In addition to this completed application form,the following items must be submitted: Review Fee(payable to City of Cape Girardeau) REQUIRED Single-Family or Two-Family Residential: $20.00 per lot($100.00 minimum) Multi-Family Residential: $20.00 per dwelling unit($100.00 minimum) See Instructions for more Non-Residential : $20.00 per acre($100.00 minimum) information. v( Recording Fee Deposit(payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18"x 24" $44.00 $24.00 24"x 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Two(2)full size prints of the plat Digital file of the plat in.pdf format(can be emailed) CERTIFICATION I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. I further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to rec ding of the re rd plat. p Ii ant Signature and Printed Name Dat6 OFFICE USE ONLY Date Received&By 4' MUNIS Application No. Planning&Zoning Commission Recommendation Date City Council Final Action Date Revised 08/11/2016 ¢a o �Yo IE- - m o a aRE a n As - s§e F A `La m m �a K i2 o 5 �s wrr � _ rradrrra I Y ODO j� X0000000 DO D I _ _ ,9['IfZ 3.Sf,19.005 aracm-�u�e U.S.P 3091 _ e r SECTION 29 1•y 1 I \I/ —IISI SI ucwwo wxnx o e — _ za e9 m w 6N N I 'p29 3 9119.005 I I a aoa' w x xf SO �v® f o w $ o I H9VP9 3,tS,2SLW m U nz�t s �aG I o 811 _ a b a o / r til 1 �R 1 6' 0 Ig _ e E5 (/ S 91 ,9Y8f5 M,19,69.ONN _ ,86'2 _ I � _ N,SPRIGG 5/REEi (R.O.W.VARIES) 1 I 1 1 1 1 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: AGENDA ' 1 ' , Agenda: 12/3/2018 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT An Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding liquor licenses. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance will clarify the type of liquor license needed by a delivery only business and establish the applicable license fee. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- In order to clarify the type of liquor license needed by a business which is only involved in the delivery of intoxicating liquor, the attached ordinance establishes a new license category for delivery businesses, and establishes the applicable license fee of$50 per year. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- City staff recommends approval of the attached Ordinance. ATTACHMENTS: IN a rn•ne: Desciriilrrodiioirn: ❑AMENDING CH 5- REVISED - 11-27-18.docx Ordinance BILL NO. 18-174 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING LIQUOR LICENSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Subsection (e) of section 5-40 entitled, "Fees" of Article II of Chapter 5 of the City Code, regarding "Licenses", reading as follows : Sec. 5-40 - Fees . (e) Wholesalers and distributors of liquor. The fee for wholesalers and distributors of liquor shall be as follows : (1) Distributors or wholesalers of intoxicating liquor containing not in excess of twenty-two (22) percent of alcohol by weight, three hundred dollars ($300 . 00) . (2) Distributors or wholesalers of intoxicating liquor of all kinds, seven hundred fifty dollars ($750 . 00) . is hereby repealed in its entirety and a new subsection (e) of section 5-40 entitled "Fees" regarding "Licenses", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit : Sec. 5-40 - Fees . (e) Wholesalers and distributors of liquor; Delivery. The fee for wholesalers and distributors, and for delivery, of liquor shall be as follows : (1) Distributors or wholesalers of intoxicating liquor containing not in excess of twenty-two (22) percent of alcohol by weight, three hundred dollars ($300 . 00) . (2) Distributors or wholesalers of intoxicating liquor of all kinds, seven hundred fifty dollars ($750 . 00) . (3) Delivery of intoxicating liquor of all kinds, and not included in any other license, fifty dollars ($50 . 00) 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 , 2018 . Bob Fox, Mayor ATTEST : Bruce Taylor, Deputy City Clerk --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Bruce Taylor, Deputy City Clerk AGENDA ' 1 ' Agenda: 12/3/2018 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Appointment of two members to the Golf Course Advisory Board for terms expiring November 12, 2021 and one member for a term expiring January 18, 2020. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Two positions on the Golf Course Advisory Board are set to expire November 12, 2018. One position is currently held by Jerry Grim. The other position was held by Kent Talley, who resigned September 5, due to no longer residing in the City Limits. One position on the Golf Course Advisory Board is set to expire January 18, 2020. This position was held by Mark Moore who resigned October 25, 2018, due to no longer residing within City Limits. 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. Joshua Schulz serves as the Jaycee representative. A copy of the board roster and attendance roster are attached for your reference. The following individuals have expressed an interest in serving on the board, and their advisory boarc applications are attached. Applicant Ward Citizen Academy Graduate Brian Allerding 1 N Cindy Gannon 4 N Jeff Green 3 N Claire Kneer 4 N Mark Matthews 6 N Nicholas Snyder 1 N Brad Wittenborn 6 N STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- It is recommended that one appointment is made to the Golf Course Advisory Board for a term expiring January 18, 2020, and two appointments for terms expiring November 12, 2021. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- It is recommended that Cindy Gannon be appointed for a term expiring January 18, 2020, and that Mark Matthews and Brad Wittenborn be appointed to terms expiring November 12, 2021. ATTACHMENTS: IN a irn e: DescirillpHoim [::],Golf Board roster.doc Golf lBoaird IRosIteir El roster attendance Golf lBoaird Aaeindaince IRosIter CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees October 25, 2018 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 Appointed Date Reappointed Term Expires Council member, ex-officio Vacant --- November 12, 2018 Jerry Grim October 15, 2012 11/2/15 November 12,2018 Nate Saverino September 18, 2017 --- November 12, 2019 Keith Sander November 17, 2014 11/7/16 November 12,2019 Callie Welker May 4, 2015 3/6/17 January 18, 2020 Vacant --- --- January 18, 2020 Gary Wren September 18, 2017 --- September 4, 2020 Joshua J Schulz(Jaycees) August 3, 2015 09/18/17 September 4, 2020 Ken House September 18, 2017 11/06/17 November 12,2020 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 Jones,Parks& Recreation Director 339-6340. C N O N +�+ a +�+ r_ 00 00 co co O O O O -a N I-- I lf) -a O co I- - N OO N O ++ LO co O I-- co M coN co ++ Cb O Q O — Q Q O O � O O m M m C* m m N M O co CD 0 0 0 0 LO O O O O O L L M y M y co C* N N N y N r co co co co L r r r r ++ ++ w O O m co m I-- O O O mim > o oM 0 z z N O N O N d d d d d Q d d V y _ ` yrL N �Ncm cm Q N d Q d d Q Q d d d Q N d d d Q Q I.L D 7 0 N z oa LL J 0 cc cc cc cc m LL N Q Q d d Q d d d d LCL N d d d d d Q d d d cc Q cc N MIrr � N N � C > Co O U II coma N O C7 N CO 'a a N O N CO N L C E N • t O Y •= CO ., = r O m O CO N Y ._ CO a� Z No c co �' Y a� U co N N Co W a� viY _ � 0 CO �L O N O NL N O N >;YN O o to OO C > _O OL II _ O O M M U m CO CO O CtCO3 'CLN>O sU 0X 0m2U) U) U) E: : N WILD' 222 ;amcncncn3: --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: AGENDA ' 1 ' Agenda: 12/3/2018 Cape Girardeau City Council ' -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Appointments to the Convention & Visitors Bureau Executive Board EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The Agreement with the Cape Girardeau Area Chamber of Commerce for operation of the Convention and Visitors Bureau includes the creation of the Convention and Visitors Bureau Executive Board. One of the three City Council appointed member shall be the City Manager. The term held by the City Manager will expire on December 31, 2018. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- City Council authorized the execution of an Agreement between the Cape Girardeau Area Chamber of Commerce, Inc., and the City of Cape Girardeau, Missouri, for operation of the Convention and Visitors Bureau. The Agreement established a six-member Convention and Visitors Bureau Executive Board. Three members are appointed by the Chamber Board, one of which is the Chamber President. Three members are appointed by the City Council, one of which is the City Manager. The Executive Board shall hold open meetings at least quarterly in each calendar year. The Director of the CVB will serve as liaison to the Board and will prepare, post and distribute the agenda for all meetings as required by the Missouri Open Meetings and Records Law. The posting shall include the date, time and location of the meeting, as well as a tentative agenda. Minutes of all meetings shall be prepared and submitted to the City Clerk. The Board shall have the following duties: 1. Provide oversight on the operations of the CVB, including methods of promoting tourism, conventions, meetings and other activities and events. 2. Provide input for development of a long-term strategic plan for operations of the CVB, to be prepared by the CVB Director. 3. Provide input for the Annual Marketing and Business Plan, including short and long term goals, plans, policies, and proposed projects for the CVB, to be prepared by the CVB Director. 4. Provide input for the annual operating budget of the CVB and ensure that the annual operating budget clearly reflects the full cost of CVB operations. 5. Submit oversight and input recommendations to the Chamber Board of Directors for final approval. City Manager Scott Meyer has a term expiring December 31, 2018. STAFF RECOMMENDATION It is recommended that the City Council appoint the City Manager to the Convention and Visitors Bureau Executive Board for a term expiring December 31, 2021. ATTACHMENTS: Marne: DescirlIpHam E:1 Convention and Visitors Bureau Executive Board Rosterdocx Coinveidoins and VIsRoirs I I Convention and Visitors Bureau Executive Board Date Appointed Date Reappointed Current Term Expires Members appointed by City Council Scott Meyer(City Manager) 1/9/2017 December 31, 2018 Joel Neikirk 1/9/2017 December 31, 2019 Quantella Noto 1/9/2017 11/20/17 December 31, 2020 Members appointed by Cape Girardeau Area Chamber of Commerce Board of Directors Randy Kluge 1/3/2017 December 31, 2018 Chamber President John Mehner 1/3/2017 December 31, 2019 Adam Kidd 1/3/2017 12/01/17 December 31, 2020 Serve three year terms,three, one of which is the City Manager, appointed by Council,three, one of which is the Chamber of Commerce President, by Cape Girardeau Area Chamber of Commerce Board of Directors. Meetings are held at least quarterly as called by the Convention and Visitors Bureau Director. Provide oversight on the operations of the CVB. Staff contact— Scott Meyer, City Manager, 339-6320. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Bruce Taylor, Deputy City Clerk AGENDA ' 1 ' Agenda: 12/3/2018 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Appointment of one member to the River Campus Board of Managers for a term expiring December 1, 2021. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Two positions on the River Campus Board of Managers expired on December 1, 2018. One of the expired positions is a City Council appointed position currently held by City Manager, Scott Meyer. Mr. Meyer has served on the Board since 2015. The other position is Board of Regents appointed position currently held by Rhonda Weller-Stilson. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The River Campus Board of Managers is not subject to the code requirements relating to term limits or board attendance. Attached is a copy of the roster for the Board. The following individual has also submitted an Advisory Board Application: Applicant Ward Citizen Academy Graduate Scott Meyer Whitney Quick 4 no STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- It is recommended that one appointment be made to the River Campus Board of Managers for a term expiring December 1, 2021. ATTACHMENTS: Narn•ne: Descril 1pHioim ❑ River Campus Board of Managers.docx River Carn•nlrrous IBoard of IMlainaegeirs IRosIteir River Campus Board of Manamers Date Appointed Appointed By Term Expires Rhonda Weller-Stilson 10/21/11 Board of Regents December 1, 2018 Scott Meyer 12/7/15 City Council December 1, 2018 Dennis Vollink 8/16/99; 12/3/01; 12/6/04 City Council December 1, 2019 11/19/07; 12/6/10; 11/4/13; 12/5/16 William Holland 02/13; 11/13; 12/16 Board of Regents December 1, 2019 Victoria Rust 10/20/14; 12/4/17 City Council December 1, 2020 Karl Kunkel 12/16; 12/17 Board of Regents December 1, 2020 Serve three year terms,three appointed by Council,three by Semo University Board of Regents. Board meets quarterly as needed. At least one of the city's appointees shall be from the hotel/motel industry. The Board is responsible for supervising the use of the River Campus facilities. Staff contact— Scott Meyer, City Manager, 339-6320. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Bruce Taylor, Deputy City Clerk AGENDA ' 1 ' Agenda: 12/3/2018 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Appointment of one member to the Show Me Center Board of Managers for a term expiring December 1, 2021. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Two positions on the Show Me Center Board of Managers expired on December 1, 2017. One of the expired positions is a City Council appointed position currently held by Lincoln Scott. He has served on the Board since 2015. Mr. Scott is interested in reappointment. The other position is a Board of Regents appointed position currently held by Beth Easter. BACKGROUND/DISCUS SION The Show Me Center Board of Managers is not subject to the code requirements relating to term limits or board attendance. Attached is a copy of the roster for the Board. The following individuals have submitted an Advisory Board application: Applicant Ward Citizen Academy Graduate Mary Darby 4 N Kevin Williams 4 N Lincoln Scott 4 N STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- It is recommended that one appointment be made to the Show Me Center Board of Managers for a term expiring December 1, 2021. ATTACHMENTS: Narn•ne: Descriilrrotiion: ❑ Show Me Center University.docx Show IMe Ceinteir(Board of Imlainageirs(Roster Show Me Center University/City Multi-Use Center Board ofManazers Date Appointed Appointed By Term Expires Dr. Beth Easter December 1, 2003 Board of Regents December 1, 2018 Lincoln Scott January 4, 2015 City Council December 1, 2018 Scott A. Meyer 7/6/09; 12/6/10; 11/4/13; City Council December 1, 2019 12/5/16 Kathy Mangels 1/1/06; 1/1/07; 11/13; 12/16 Board of Regents December 1, 2019 Mike Buck 10/03/14;12/17 Board of Regents December 1, 2020 Don Kaverman 11/17/14; 12/04/17 City Council December 1, 2020 Serve three year terms, three appointed by Council, three by SEMO University Board of Regents. Meet first Wednesday, every other month. Board supervises use of Show Me Center facilities. Staff contact— Scott Meyer, City Manager, 339-6320. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Bruce Taylor, Deputy City Clerk MEMORANDUM Agenda: 12/3/2018 Cape Girardeau City Council ' -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Appointments to the Cape Girardeau Area MAGNET Board of Directors for terms expiring December 31, 2018. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- This item calls for the appointment of two City Council members to serve on the Cape Girardeau Area MAGNET Board of Directors. BACKGROUND/DISCUS SION The terms of Mayor Bob Fox and Council Member Robbie Guard will expire December 31, 2018. All Board members serve for one year and may succeed themselves for a maximum of eight years. Mayor Fox has served since 2017. Council Member Guard has served on the Board since September 2017 when he filled the unexpired term vacated by Wayne Bowen. GENERAL DIRECTION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Unless directed otherwise, two appointments to the Cape Girardeau Area MAGNET Board of Directors for terms expiring December 31, 2018, will appear on a future agenda for consideration. ATTACHMENTS: IN a rn•ne: Desciril IpHiam No AaaclhirneinIts Available --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: AGENDA ' 1 Agenda: 12/3/2018 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Advisory Board Minutes ■ Keep Cape Beautiful Committee Minutes, October 30, 2018 ■ Planning and Zoning Commission Minutes, October 10, 2018 ATTACHMENTS: Marne: Descriilrrotiion: ❑ KCB-Minutes-Oct-2018-draft.pdf I Calrroe IBeau.rtiifu.ull Cornrniittee Mliinu.rtes ❑Planning and Zoning Commission Minutes 10-10 1II.pdf f="Ilaininiiinrg and Zoning Coirn•nirn•niissiion Mliinu.rtes KEEP CAPE BEAUTIFUL COMMITTEE MEETING October 30, 2018 Draft Minutes The Keep Cape Beautiful Committee met at the Osage Centre on October 30, 2018 at 12:00 p.m. Present: Staff Present: Rebecca Mocherman, Chair Julia Jones, Director of Parks & Recreation Bonnie Svenson Brock Davis, Park Division Manager Sarah Laventure Mike Tripp, Public Works Rep. Ryan Essex, Council Liaison Sharon Bergman, Administrative Secretary Lee Piner, Member Kasie Essner, Member Absent: Missy LaPlant I. WELCOME AND INTRODUCTIONS—Joanna Villanveva — Joanna is interested in getting involved in the community and possibly with the KCB committee. II. APPROVAL OF MINUTES Becky Mocherman, Chairperson requested approval of the September 25, 2018 minutes. Bonnie Svenson made a motion, seconded by Sarah Laventure to accept the minutes as distributed. Motion passed. I. NEW BUSINESS • Beautiful Property of the Month for November 2018—Arby's was selected as Beautiful Property for the month of November 2018. This will be our last selection until next Spring. Alliance Bank, Sterling Bank, Zaxbys and Christ Episcopal of Cape Girardeau were other nominations for November. Committee will announce the Beautiful property of the month at the City Council study session on November 7th at 5:30 pm. II. OLD BUSINESS • Fall clean-up—Thursday, Oct. 18th at 4 pm at the Hutson parking lot. KCB had a good turnout and reported that it was not overly littered or dirty. They did notice some broken glass and cigarette butts. Overall the trash was not bad this time • Grant Usage possibilities. Roses will be planted next spring at the Red House. KCB will also pick out tree for memorial tree to be planted in Loretta Schneider memory for next spring planting. • Social Media Update— KCB would like to promote Education about committee and what the committee does. More ideas on how to promote KCB. And have monthly events to work with. III. OTHER BUSINESS [KEEP CAPE BEAUTIFUL COMMITTEE MEETING] October 30, 2018 . 111111 City Council Rep. Liaison— Ryan Essex reported that the next study session planned for Nov. 5t" may be moved due to the President coming to town. Staff Reports/Briefs—Julia Jones/Brock Davis— Iver's square statue to be complete by next June 2019. Old Town Cape—Sarah Laventure Next meeting will be held Tuesday, December 4th, at 12:00 pm Osage Centre. Please bring lunch for lunch meeting. Also, we will be doing a $10.00 or less gift exchange or ornament exchange at December meeting. (This is optional). We will provide cookies and drinks. Upcoming events: November 8t"—Spaghetti Day, Nov.10 Small Business Sale- Osage Centre, Nov. 16, Fox Theatre Trip —St. Louis, December 6t", Monthly Dance—A.C. Brase, Dec. 14, Flashlight Candy Cane Hunt—Shawnee Park Center, Dec. 15, Breakfast with Santa — Osage Centre, Dec. 18, Calls from Santa There being no further business, Kasie Essner made a motion to adjourn with Sarah Laventure second. Motion passed. Respectfully submitted, Sharon Bergman EI E A !U T II IF OIL ---K,,4,0,0�;f-- C CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION i PLANNING & ZONING COMMISSION MEETING MINUTES October 10, 2018 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, Kevin Greaser, Patrick Koetting, Scott McClanahan, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: None Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Glenn called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the September 12, 2018 meeting were unanimously approved upon motion made by Mr. Welch and seconded by Mr. Bertrand. Chairman Glenn asked the Commission to consider changing -the order of the agenda by moving the first item (a public hearing on a rezoning request by Brandon O. Williams) to the third item due to the large number of people in attendance for this item and the length of time anticipated for the hearing and discussion. A motion was made by Mr. Koetting and seconded by Mr. Skinner to amend the agenda by moving the first item, a public hearing on a rezoning request by Brandon O. Williams, to the third item on the agenda. The motion passed by a unanimous vote. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(a), wall signs, at 2122 William Street. Mr. Eric Schneider, applicant, explained that he would like to transfer a portion of unused permitted wall sign area from the south building elevation (which has street frontage) to the north, east, and west building elevations (which do not have street frontage). A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: Per the code requirement, the subject building is permitted wall signage on one (1) elevation that has street frontage (south). In order to display wall signage on the north, east, and west elevations, the applicant is proposing to transfer a portion of the permitted wall sign area from the south elevation. This qualifies as a "substantial equivalent" because the applicant receives the same amount of wall sign area, but gets to distribute it differently. h p City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 10, 2018 Page 2 of 7 Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The "substantial equivalent" proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, with the following condition: 1. The aggregate sign area of all wall signs for the building shall not exceed the maximum wall sign area per the City's sign regulations. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. McClanahan to approve the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(a), wall signs, at 2122 William Street, subject to the condition listed in the staff report. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 2. A public hearing was held on the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(b), freestanding signs, at 2122 William Street. Mr. Eric Schneider, applicant, explained that he would like to transfer 1.67 square feet of unused permitted wall sign area to the permitted freestanding sign area, which would allow the freestanding sign to be 150 square feet in area. A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: Per the code requirement, one (1) freestanding sign is allowed on the subject lot, with a maximum area of 148.33 square feet based on the lot frontage. In order to increase the maximum area to 150 square feet, the applicant is proposing to transfer 1.67 square feet of unused wall sign area to the freestanding sign. This qualifies as a "substantial equivalent" because the applicant receives the same amount of total sign area, but gets to distribute it differently. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findin : The "substantial equivalent" proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, with the following condition: I City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 10, 2018 Page 3 of 7 1. The maximum wall sign area per the City's sign regulations shall be reduced by 1.67 square feet. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Skinner to approve the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(b), freestanding signs, at 2122 William Street, subject to the condition listed in the staff report. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 3. A public hearing was held on the request of Brandon O. Williams to rezone property at the southwest corner of Hopper Road and Old Hopper Road from R-1 (Single-Family Suburban Residential District) to R-3 (High Density Single-Family Residential District). Ms. Megan Andrews, attorney for the law firm Layton & Southard, represented the applicant. Ms. Andrews explained that Mr. Williams would like to rezone 18.51 acres of the 55.83 acre tract to develop duplexes as part of a retirement community. A staff report was submitted to the Commission, which recommended approval the rezoning request. Mr. Greaser recused himself from the discussion and vote for business reasons. Mr. Skinner recused himself from the discussion and vote due to the subject property being near his residence. Chairman Glenn opened the public hearing. Ms. Cheryl Essner, 533 West Highland Drive, expressed her concern about the lack of details regarding the proposed development. She asked the Commission to consider requiring a bufferyard between the proposed duplex lots and the existing single-family lots adjacent to the development. Mr. Shrimplin explained that the City Code does not require a bufferyard for two-family uses (duplexes) adjacent to single-family uses. He further explained that under Missouri law, the City cannot impose conditions as part of the approval of a request to rezone to a standard zoning district. In response to a comment from Ms. Essner regarding a sign the developer posted on the property stating it is a rental community accepting Housing and Urban Development (HUD) financing, Mr. Bertrand clarified that the sole duty of the Commission is to determine whether or not the proposed zoning district meets the state's legal criteria, which does not include marketing and financial aspects of a particular development. Mr. Shrimplin stated that the City does not have the authority to regulate these aspects. Chairman Glenn explained that each zoning district only allows certain land uses in order to protect surrounding property owners and residents as well as the general public. Mr. Welch suggested that the residents speak with the developer regarding the possibility of a private agreement for installing and maintaining a bufferyard. Ms. Debra Mitchell Braxton, 3734 Old Hopper Road, stated that she is not against diversity and just wants to know what kind of development will be on the property. Mr. Bertrand stated that the developer is proposing to develop the 18.51 acres subject to the R-3 rezoning for duplexes, but if the rezoning is approved, he can develop the property for any permitted use listed in the R-3 district regulations. Chairman Glenn stated that the Commission cannot consider a specific proposed use or development as part of reviewing a standard rezoning request because doing so would be speculation; the Commission is obligated to base its decisions on facts, not speculation. I 'i i City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 10, 2018 Page 4 of 7 Mr. Edward Bauerle, 3916 Hopper Road, explained that he has spent the last two (2) months going door to door and speaking with neighbors regarding his concerns about the proposed rezoning. He stated that Mr. Williams has been non-committal regarding his true intentions for the property, which has resulted in a sense of mistrust among the residents in the neighborhood. For this reason, he is opposed to the rezoning request. Mr. Bauerle then asked how the rezoning would benefit the city. Mr. Bertrand reiterated that the Commission's decision must be based solely on the state's legal criteria. Chairman Glenn explained that per the criteria, the Commission must determine whether or not the proposed zoning district is "reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties." He stated that he believes the proposed R-3 district meets the criteria because it provides a transition between the single-family homes on the east side and the interstate on the west side. Mr. Kevin Walters, 3825 Valley View Lane, stated that he is in favor of the rezoning request. He mentioned that he has looked at several of Mr. Williams' developments and did not identify any issues with them. He asked the Commission to recommend approval of the request. Ms. Teresa Wilke, 3726 Old Hopper Road, explained that her concerns are not so much about the type of housing as they are about the additional traffic and the safety concerns that it will create. She asked that the City work with the residents to keep them better informed of projects affecting their neighborhood. Mr. Barry Zerbe, 603 West Highland Drive, expressed his concern about additional traffic on Old Hopper Road due to the development. He also mentioned that one (1) of the oldest and largest red oak trees in the State of Missouri (which is registered with the State) is located on his property. He asked that the City ensure the tree is not damaged by the project. Chairman Glenn stated that the Commission cannot do anything about the traffic concerns at this time; however, improvements to Old Hopper Road might be discussed as part of the project selection process for the next installment of the Transportation Trust Fund (TTF). He noted that Old Hopper Road is maintained by Cape Special Road District, so any work on that road would require the Road District's cooperation. Regarding the tree, Chairman Glenn suggested that Mr. Zerbe contact the developer to discuss. Mr. Baurle reiterated Ms. Wilke's comments and stated that the residents' concerns could have been avoided if there had been better communication. He added that the way information was communicated caused mistrust and anxiety, and the HUD sign compounded the problem. Mr. Greaser stated that the Commission always encourages developers to contact the neighboring property owners directly to discuss their plans and work to resolve any issues. Ms. Essner stated that she does not feel it should be the developer's responsibility to share information about their plans with the residents; rather, it should be the City's responsibility. Chairman Glenn responded by stating that he feels it is the residents' responsibility to be informed about projects and other things affecting their neighborhood. Mr. Shrimplin stated that applications such as this are public records and are therefore available to the public for review upon request in accordance with the Missouri Sunshine Law and the City's public records policy. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 10, 2018 Page 5 of 7 Mr. Jim Shandy, 3702 Old Hopper Road, stated that as a homeowner, he has an investment stake in the neighborhood and should therefore be involved in making decisions about what is and is not allowed in the neighborhood. He continued by stating that he feels there is too much latitude in the R-3 zoning district regulations in terms of what is allowed. He expressed concerns about not being notified about a meeting that was held with the developer, the City Manager, and a small group of residents. Chairman Glenn clarified that the meeting was scheduled at the request of the City Manager and did not involve the Planning and Zoning Commission or the City Council. There were no actions taken at the meeting. Thus, the meeting was not considered a public meeting under the Missouri Sunshine Law. Mr. Bertrand stated that for public meetings, the City staff goes above what is required by law in terms of giving notice to the residents. Ms. Sandra Shandy, 3702 Old Hopper Road, stated that she was concerned about increased traffic on Old Hopper Road and the potential for vehicles driving off the road and into her yard. Mr. Dale Clarke, 3815 Hopper Road, stated that many residents are upset about this request but they may have felt differently if they had been given more information up front. He added that he believes the City would have to be gaining something by approving the rezoning. Mr. Harold Tilley, 204 Rockport Drive, stated that if the previous property owner, a church, had been allowed to move forward with its development plans, the property would not have been sold to Mr. Williams, and this whole issue could have been avoided. Mr. Mike McLaughlin, 258 South Lake Drive, asked what would happen if the 18.51 acres were to be rezoned and then the developer were to decide he wants additional acres rezoned to R-3. Chairman Glenn reiterated that the Commission cannot engage in such speculation. The facts before the Commission tonight are that the developer is requesting rezoning 18.51 acres to R-3 and leaving the remainder as R-1. Seeing no other appearances to speak, Chairman Glenn closed the public hearing. A motion was made by Mr. Bertrand and seconded by Mr. Spooler to recommend approval of the request of Brandon O. Williams to rezone property at the southwest corner of Hopper Road and Old Hopper Road from R-1 (Single-Family Suburban Residential District) to R-3 (High Density Single-Family Residential District). Mr. McClanahan asked for clarification on where the access to the proposed development would be located. Mr. Shrimplin responded by stating that the preliminary plat approved by the City Council on September 20, 2018 shows three (3) access points: one (1) on Hopper Road and two (2) on Old Hopper Road. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 2 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Spooler, Welch; Abstain: Greaser, Skinner). SUBDIVISION PLATS 4. The record plat of The Highlands at Hopper Crossing — Phase 1 was reviewed by the Commission. Mr. Shrimplin explained that the plat consists of twenty-one (21) lots and dedicated right-of-way for one (1) new street (Lochinvar Lane). A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Skinner and seconded by Mr. Dowdy to recommend approval of The Highlands 1 City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 10, 2018 Page 6 of 7 at Hopper Crossing — Phase 1 record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 5. The record plat of Lilmac East Second Subdivision was reviewed by the Commission. Mr. Shrimplin explained that the plat subdivides Lots 9 and 10 of Lilmac East Subdivision into four (4) lots. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Skinner and seconded by Mr. Greaser to recommend approval of the Lilmac East Second Subdivision record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) OTHER ITEMS AND COMMUNICATION 6. Commission Appointment Recommendations — Chairman Glenn informed the Commission that Mr. Bertrand and Mr. McClanahan will each reach their term limit prior to the next Commission meeting. He recognized Mr. Bertrand for his twelve (12) years of service on the Commission and Mr. McClanahan for his fourteen (14) years of service. He thanked them for their leadership and dedication to helping the community. Mr. Shrimplin presented a certificate of service to each of them, and expressed his appreciation on behalf of the City for their many contributions to the Commission and the community. The Commissioners then reviewed Advisory Board Applications and recommended Ed Thompson and Kenneth Schmitz to fill the vacancies left by Mr. Bertrand and Mr. McClanahan. Board Communication Mr. Bertrand stated that it was a great twelve (12) years serving on the Commission. Mr. McClanahan stated that it was a nice way to serve the community and he learned a lot while serving on the Commission. Staff Communication Mr. Shrimplin gave the following updates: • Update on City Council actions taken on items from previous Commission Meeting - Chapter 30 amendment regarding definitions—second and third readings approved on September 20, 2018 - Deer Run Estates preliminary plat—approved by motion on September 20, 2018 - Complete Streets Policy—adopted by resolution on September 20, 2018 - Walnut Street right-of-way dedication plat—being held from Council review pending corrections to address staff review comments • Update on Transportation Trust Fund (TTF) Projects - West End Boulevard — Rose Street to Bertling Street— public meeting was held on September 26, 2018 and was well attended - Independence Street — Gordonville Road/East Rodney Drive to Caruthers Street— " City of Cape Girardeau If Planning &Zoning Commission ` . Meeting Minutes ` October 10, 2018 Page 7 of 7 City staff is reviewing options prepared by the consultant Mr. Shrimplin reported that the next TTF installment (TTF-6) will be on the ballot in August, 2020. Therefore, the TTF Subcommittee will start meeting in June, 2019 to begin preparing a list of recommended projects for the City Council's consideration. Adjournment Upon motion made by Mr. Bertrand and seconded by Mr. McClanahan, the Commission voted unanimously to adjourn the meeting at 8:45 p.m. Respectfully submitted, f Glenn Chairman