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44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
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AGENDA
PLANNING & ZONING COMMISSION
WEDNESDAY, APRIL 12, 2023
7:00 p.m.
City Hall, 44 North Lorimier Street
Council Chambers
Derek Jackson Kevin Greaser, Chairman Chris Martin
Nick Martin Scott Blank, Vice Chairman Sommer McCauley-Perdue
Melissa Stickel Deborah Young, Secretary Sid Whittington
Call to Order.
Approval of minutes of the March 8, 2023 meeting.
Appearances regarding items not on the agenda.
REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS
1. Public hearing on the request of JR & JR Enterprises LLC for an exception from Development Code
Section 25-1, driveway width regulations, for property located at 188 Vantage Drive.
ACTION TAKEN: _____ Approved _____ Approved with Conditions
_____ Denied _____ Tabled
SUBDIVISION PLATS
2. EOC Subdivision Record Plat.
ACTION TAKEN: _____ Recommended Approval _____ Recommended Approval with
Conditions
_____ Recommended Denial _____ Tabled
OTHER ITEMS AND COMMUNICATION
3. Griffin Farm First Subdivision Vacation.
ACTION TAKEN: _____ Recommended Approval _____ Recommended Approval with
Conditions
_____ Recommended Denial _____ Tabled
4. Chapter 30 Amendment Regarding A-1, Airport District.
Commission Communication.
CITY of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
cityofcape.org
Page 2 of 2
Staff Communication.
• Update on items from previous Commission meetings going on to City Council.
Adjournment.
* * * * * * * * * * * * * * * * * *
The Planning & Zoning Commission of the City of Cape Girardeau, Missouri, may, as a part of a regular meeting or a
special meeting, hold a closed session in the Council Chambers to discuss legal actions, causes of legal action or litigation,
leasing, purchasing or sale of real estate, or confidential or privileged communication with its attorneys, pursuant to RSMo.
Sections 610.021 (1) and 610.021 (2).
* * * * * * * * * * * * * * * * * *
NOTE: Public hearings on rezoning and special use permit requests recommended for approval by the
Planning & Zoning Commission tonight will be held at the City Council meeting on Monday,
May 1, 2023. Rezoning and special use permit requests recommended for denial tonight will be
referred to the City Council at its meeting on Monday, April 17, 2023.
Subdivision plats recommended for approval or denial by the Planning & Zoning Commission
tonight will be presented to the City Council at its meeting on Monday, April 17, 2023, unless
there are outstanding staff review comments.
Development Code exception requests are decided by the Planning & Zoning Commission.
They do not go on to the City Council.
CITY of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
PLANNING & ZONING COMMISSION
MEETING MINUTES
March 8, 2023
City Hall – Council Chambers
44 North Lorimier Street
Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Chris Martin, Nick
Martin, Sommer McCauley-Perdue, Melissa Stickel, Sid Whittington, Deborah Young
Commission Members Absent: None
Staff Present: Carol Peters, Ryan Shrimplin
Call to Order
Chairman Greaser called the meeting to order at 7:00 p.m.
Approval of Minutes
The minutes of the February 8, 2023 meeting were unanimously approved upon a motion made
by Mr. Whittington and seconded by Mr. Blank.
REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS
1. A public hearing was held on the request of Phillip B. Smith, Architect, L.L.C., on behalf of
Cape Girardeau Public Schools, to rezone property located at 1301 North Main Street from
M-1 (Light Manufacturing/Industrial District) to R-2 (Single-Family Urban Residential
District). Mr. Phillip B. Smith presented the request. He explained that Cape Girardeau
Public Schools recently purchased the property, formerly occupied by Red Star Baptist
Church, and has plans to renovate it for Cape Central Academy. Grade schools are not
permitted in the M-1 district, so the property needs to be rezoned.
Chairman Greaser opened the public hearing. Seeing no appearances to speak, he closed
the public hearing. A staff report was submitted to the Commission, which recommended
approval of the rezoning request. A motion was made by Mr. Jackson and seconded by Mr.
Nick Martin to recommend approval of the rezoning request. The motion passed with a roll
call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C.
Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young).
SUBDIVISION PLATS
2. The preliminary plat of Strawberry Fields Subdivision was reviewed by the Commission. Ms.
Megan Andrews, Layton & Southard, LLC, presented the plat. She stated that a corrected
plat was recently submitted and is pending review by the City staff. A staff report was
submitted to the Commission, which recommended approval of the preliminary plat, subject
to staff’s comments being successfully addressed. A motion was made by Mr. Jackson and
seconded by Mr. Whittington to recommend approval of the preliminary plat, subject to
staff’s comments being successfully addressed. The motion passed with a roll call vote of 9
CITY of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
March 8, 2023
Page 2 of 3
in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N.
Martin, McCauley-Perdue, Stickel, Whittington, Young).
3. The record plat of Masonic Temple West Subdivision was reviewed by the Commission. Mr.
Kyle West, Cape Girardeau Masonic Temple Association, presented the plat. He stated that
the plat combines two lots. A staff report was submitted to the Commission, which
recommended approval of the record plat. A motion was made by Mr. Chris Martin and
seconded by Ms. Young to recommend approval of the record plat. The motion passed with
a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson,
C. Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young).
4. The record plat of Hotty Toddy Court Subdivision was reviewed by the Commission. Mr.
Gabe Hensley, owner, presented the request. He stated that he and his wife recently
purchased two adjacent lots on Stepping Stone Way and submitted the plat in order to
combine them. A staff report was submitted to the Commission, which recommended
approval of the record plat. A motion was made by Mr. Nick Martin and seconded by Mr.
Jackson to recommend approval of the record plat. The motion passed with a roll call vote
of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N.
Martin, McCauley-Perdue, Stickel, Whittington, Young).
OTHER ITEMS AND COMMUNICATION
Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District
5. Mr. Shrimplin presented a proposed amendment to the R-4 section of the Zoning Code
(Chapter 30 of the City’s Code of Ordinances). He explained that the amendment adds a
boutique hotel to the list of special uses. The amendment defines a boutique hotel as “a
small, independently owned hotel that is design-driven, upscale and unique, with character
and personality.” The amendment was prepared at the request of Tenmile Companies,
which has entered into a contract with Southeast Missouri State University to purchase and
convert the historic Himmelberger House at 603 North Henderson Avenue to a boutique
hotel. The property is zoned R-4, which does not permit any type of hotel. Staff did not
support rezoning the property to a district that permits a hotel, so the amendment was
suggested as an alternative. Tenmile Companies gave a presentation on the boutique hotel
proposal at the February 15, 2023 Historic Preservation Commission meeting. The
residents of the Boulevard Local Historic District (in which the property is located) were
invited to attend the meeting to hear the presentation and provide input. Based on the input
received from the Historic Preservation Commission and the residents, staff felt there was
enough support to proceed with proposing the amendment. If the amendment is approved
by the City Council, then Tenmile Companies will submit a special use permit application for
the boutique hotel.
Mr. Chris Martin recused himself from discussion and voting on the amendment due to his
employment with Southeast Missouri State University. Mr. Nick Martin asked if the definition
of boutique hotel should include a restriction on the number of rooms. Mr. Shrimplin replied
that staff discussed imposing such a restriction but ultimately decided to make it general and
leave it to interpretation. A motion was made by Mr. Blank and seconded by Mr. Jackson to
recommend approval of the amendment. The motion passed with a roll call vote of 8 in
favor, 0 in opposition, and 1 abstaining (Aye: Blank, Greaser, Jackson, N. Martin, McCauley-
Perdue, Stickel, Whittington, Young; Abstain: C. Martin).
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
March 8, 2023
Page 3 of 3
Commission Communication
Chairman Greaser informed the Commission that Mr. Tom Welch recently passed away. Mr.
Welch served on the Planning & Zoning Commission for several years.
Staff Communication
Mr. Shrimplin gave the following updates:
1. Update on items from previous Commission meetings going on to City Council
The City Council approved the following on February 21, 2023:
The Meadows of Whispering Oaks – Third Record Plat – 2nd & 3rd Readings
Lilmac East Third Subdivision Record Plat – 1st Reading
The City Council approved the following on March 6, 2023:
Lilmac East Third Subdivision Record Plat – 2nd & 3rd Readings
2403 South Sprigg Street Rezoning – 1st Reading
3439 William Street Special Use Permit – 1st Reading
Bertrand Subdivision Record Plat – 1st Reading
Adjournment
There being no further business, the Commission voted unanimously to adjourn the meeting at
7:20 p.m. upon a motion made by Mr. Jackson and seconded by Ms. McCauley-Perdue.
Respectfully submitted,
Deborah Young, Secretary
Planning & Zoning Commission
APPLICATION FOR: Exception
ADDRESS OF PROPERTY: 188 Vantage Drive
APPLICANT: Jack Ruopp
PROPERTY OWNER: JR & JR Enterprises, LLC
EXCEPTION(S) REQUESTED: Section 25-1, Driveway width
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Planning & Zoning Commission
TYPE OF PLAT SUBMITTED: Record Plat
NAME OF SUBDIVISION: EOC Subdivision
LOCATION OF TRACT: 3555 Veterans Memorial Drive
APPLICANT: Touchdown Development Group, LLC
PROPERTY OWNER: Touchdown Development Group, LLC
PROFESSIONAL SURVEYOR/
ENGINEER: Koehler Engineering & Land Surveying
DEVELOPER:
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
cityofcape.org
April 3, 2023
(Revised April 6, 2023)
Via email to:
morganlake@mac.com
Ms. Morgan Lake
Touchdown Development Group LLC
2007 Independence St.
Cape Girardeau, MO 63701
RE: EOC Subdivision Record Plat
Dear Ms. Lake:
City staff has completed its review of the above plat. During the review, the following items were
found which need correction or attention:
Reviewer #1 Comments – Ryan Shrimplin, City Planner (573) 339-6327; rshrimplin@cityofcape.org
1. Revise the description beneath the plat title to read as follows:
ALL OF LOT 2 OF GREATER CAPE GIRARDEAU BUSINESS PARK – PHASE III AS
RECORDED IN DOCUMENT NO. 2016-01888 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, BEING IN UNITED STATES PRIVATE SURVEY NUMBERS 202
AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI.
2. The subdivision is missing the southernmost part of Lot 2 of Greater Cape Girardeau Business
Park – Phase III. Revise the plat to include this part in the subdivision, including adding a
proposed lot number/square feet/acres label. Also, the ownership shown on this part is
incorrect. The City of Cape Girardeau still owns it (Doc. No. 2014-06687). We have notified
the County Assessor’s Office of the ownership error in its parcel mapping system.
3. Proposed Lot 1 is now owned by Cape Girardeau County (Doc. No. 2022-13123). Update the
owner name and deed reference label.
4. Make the following revisions to the legend:
Remove the EXTERNAL PARCEL LINE symbol. It is not used in the exhibit.
Change the EXISTING EASEMENT LINE symbol to match the exhibit (it should have
longer dashes than the BUILDING SETBACK LINE symbol).
Add a unique symbol for NEW EASEMENT LINE.
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
cityofcape.org
Remove the FLOODWAY LIMITS, FLOODPLAIN LIMITS, and BASE FLOOD
ELEVATION (BFE) symbols. It is our understanding that accurate boundaries cannot
be established at this time due to the age of the Flood Insurance Rate Map relative to
the construction of Veterans Memorial Drive.
5. Remove the floodway, floodplain, and base flood elevation information from the exhibit, but
keep the Floodplain Note.
6. Change lines L2 through L7 to the NEW LOT LINE symbol.
7. In all of the subdivision name labels, spell out “GIRARDEAU” and remove “SUBDIVISION”.
8. The owner name and deed reference label for proposed Lot 2 is missing “GROUP”.
9. Revise all of the existing 10-foot wide drainage and utility easement labels to read as follows:
EXISTING 10’ WIDE PRIVATE DRAINAGE
& PUBLIC UTILITY EASEMENT
DOC. NO. 2016-01888
10. Add a 10-foot wide private drainage and public utility easement along the rear lot line of the
southernmost part of Lot 2 of Greater Cape Girardeau Business Park – Phase III as shown in
the attachment.
11. Extend the 25-foot front setback and add a 25-foot rear setback to the southernmost part of
Lot 2 of Greater Cape Girardeau Business Park – Phase III as shown in the attachment.
12. In the Subdivision Notes section, change “RECORD OWNER” to “RECORD OWNERS”, and
add the following after Touchdown Development Group’s information:
CAPE GIRARDEAU COUNTY
DOC. NO. 2022-13123
CITY OF CAPE GIRARDEAU
DOC. NO. 2014-06687
13. In the Subdivision Notes section, under Lot Sizes, change the total number of lots to 3.
14. In the Subdivision Notes section, under Lot Sizes, update the smallest lot area.
15. In the Subdivision Notes section, under Lot Sizes, update the total subdivision area.
16. In the Subdivision Notes section, revise the Floodplain Note to read as follows:
THIS PROPERTY FALLS WITHIN MINIMAL FLOOD HAZARD “ZONE X”, AND FLOODWAY
“ZONE AE” AS INDICATED ON THE FLOOD INSURANCE RATE MAP, COMMUNITY
PANEL NO. 29031C0163E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011.
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
cityofcape.org
17. Add the following notes to the Subdivision Notes section:
EXCEPTION NOTE
AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED CROSS-ACCESS
EASEMENT BETWEEN LOTS 1, 2, AND 3.
STORMWATER MANAGEMENT NOTE
THE OWNER OF EACH LOT WITHIN THE SUBDIVISION IS JOINTLY AND SEVERALLY
RESPONSIBLE FOR THE MAINTENANCE OF ALL COMPONENTS OF THE
STORMWATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT OF WAY
OR A PUBLIC DRAINAGE OR DETENTION EASEMENT AS REQUIRED BY CHAPTER 23
OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI. THIS
PROVISION HEREBY CONSTITUTES A DEED RESTRICTION IN SATISFACTION OF
CHAPTER 25 OF SAID CODE OF ORDINANCES. SAID DEED RESTRICTION IS
PERPETUAL AND SHALL RUN WITH THE LAND.
18. Revise the Plat References section to read as follows:
TOUCHDOWN DEVELOPMENT GROUP LLC
DOC. NO. 2022-11843
CAPE GIRARDEAU COUNTY
DOC. NO. 2022-13123
CITY OF CAPE GIRARDEAU
DOC. NO. 2014-06687
DRURY DEVELOPMENT CORP.
DOC. NO. 2017-01898
GREATER CAPE GIRARDEAU BUSINESS PARK – PHASE III
DOC. NO. 2016-01888
19. Revise the first paragraph of the Subdivision Dedication section to read as follows:
THE UNDERSIGNED, TOUCHDOWN DEVELOPMENT GROUP LLC, A MISSOURI LIMITED
LIABILITY COMPANY, CAPE GIRARDEAU COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF MISSOURI, AND THE CITY OF CAPE GIRARDEAU, A MISSOURI MUNICIPAL
CORPORATION, OWNERS IN FEE OF ALL OF LOT 2 OF GREATER CAPE GIRARDEAU
BUSINESS PARK – PHASE III AS RECORDED IN DOCUMENT NO. 2016-01888 IN THE
LAND RECORDS OF CAPE GIRARDEAU COUNTY, BEING IN UNITED STATES PRIVATE
SURVEY NUMBERS 202 AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE
OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
cityofcape.org
20. Update the second paragraph of the Subdivision Dedication section to include the
southernmost part of Lot 2 of Greater Cape Girardeau Business Park – Phase III.
21. Add the following paragraph to the end of the Subdivision Dedication section:
HEREBY CAUSE SAID LAND TO BE SUBDIVIDED INTO LOTS AS SHOWN HEREON,
WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS
HEREBY NAMED “EOC SUBDIVISION”. THE NEW PUBLIC UTILITY EASEMENTS SHOWN
HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN
PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION,
MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION O F CITY WATER AND
SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU,
MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES
RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND
EXPANSION OF SUCH UTILITY SYSTEMS.
22. Revise Ms. Lake’s signature line to read as follows:
_____________________________
MORGAN LAKE, MANAGER
TOUCHDOWN DEVELOPMENT GROUP LLC
23. In Ms. Lake’s notary certificate, “TOUCHDOWN DEVELOPMENT LLC” is missing “GROUP”.
24. Add the following signature lines and notary certificates:
_____________________________
CLINT TRACY, PRESIDING COMMISSIONER
CAPE GIRARDEAU COUNTY
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
ON THIS ________ DAY OF ____________________, 20____, BEFORE ME, A NOTARY
PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED CLINT TRACY,
WHO, BEING BY ME DULY SWORN, DID STATE THAT HE IS THE PRESIDING
COMMISSIONER OF CAPE GIRARDEAU COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF MISSOURI, AND THAT HE IS AUTHORIZED TO EXECUTE THE FOREGOING
INSTRUMENT ON BEHALF OF SAID COUNTY, AND ACKNOWLEDGED SAID
INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID COUNTY.
IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN
THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN.
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
cityofcape.org
MY COMMISSION EXPIRES _______________.
_____________________________
NOTARY PUBLIC
_____________________________
DR. KENNETH HASKIN, CITY MANAGER
CITY OF CAPE GIRARDEAU
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
ON THIS ________ DAY OF ____________________, 20____, BEFORE ME, A NOTARY
PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED DR. KENNETH
HASKIN, WHO, BEING BY ME DULY SWORN, DID STATE THAT HE IS THE CITY
MANAGER OF THE CITY OF CAPE GIRARDEAU, A MISSOURI MUNICIPAL
CORPORATION, AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS
THE OFFICIAL 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 WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN
THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN.
MY COMMISSION EXPIRES _______________.
_____________________________
NOTARY PUBLIC
25. Add the required public stormwater detention basin easement and related drainage
easements per the Utility Easement Agreement between Touchdown Development
Group LLC and the City of Cape Girardeau, Missouri dated November 10, 2022.
26. Contact Casey Brunke, Assistant Public Works Director, at (573) 339-6351 or
cbrunke@cityofcape.org to determine if any additional public utility easements must be
shown on this plat.
Reviewer #2 Comments – Teresa Heifner, GIS Coordinator (573) 339-6327; theifner@cityofcape.org
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327
cityofcape.org
27. In the vicinity map, revise the shape of the Subdivision Location to include the southernmost
part (i.e., the City-owned parcel).
28. Remove the existing 20-foot easement (Doc. No. 2022-11843) from the City-owned parcel.
29. A line is shown crossing LaSalle Avenue. It appears to be the dividing line between MoDOT
right-of-way and City of Cape Girardeau right-of-way. Add a label for each on their respective
side of the line.
30. Please contact me to discuss the existing easements in the northeast corner of proposed Lot 2
adjacent to Veterans Memorial Drive.
31. Show the area reserved for future detention basin (Doc. No. 2016-01888) using a unique
symbol and add it to the legend.
Please make the necessary corrections and email a PDF file of the corrected plat to
cityplanning@cityofcape.org by April 10, 2023. Once the PDF file is received, City staff will review it
to make sure all of the corrections have been made. If the PDF file is not received by April 10, 2023,
then the Planning and Zoning Commission may postpone taking action on the plat or recommend
approval, subject to staff’s comments being successfully addressed. All staff comments must be
successfully addressed prior to review of the plat by the City Council.
Should you have any questions or wish to discuss any of the comments, please contact the
appropriate reviewer.
Sincerely,
Ryan Shrimplin, AICP
City Planner
CC: Susan Dodds, Koehler Engineering & Land Surveying (sdodds@koehlerengineering.com)
Chris Koehler, Koehler Engineering & Land Surveying (ckoehler@koehlerengineering.com)
Carrie Bumpus, Koehler Engineering & Land Surveying (cbumpus@koehlerengineering.com)
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Legend
EOC Subdivision
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Created by: Community Development Dept.
Carol Peters
March 17, 2023
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VICINITY MAP - N.T.S.
THE UNDERSIGNED, MORGAN LAKE, MANAGER OF TOUCHDOWN DEVELOPMENT GROUP LLC, A MISSOURI LIMITED LIABILITY COMPANY, OWNER IN FEE OF ALL OF LOT 2 OF THAT PART OF GREATER CAPE GIRARDEAU BUSINESS PARK - PHASE III, AS SET OUT IN DOCUMENT 2016-01888 IN THE LAND RECORDS OF CAPE GIRARDEAU
COUNTY, BEING IN UNITED STATES PRIVATE SURVEYS NUMBER 202 AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHERNMOST CORNER OF SAID LOT NO. 2, SAID POINT BEING MARKED BY A FOUND MISSOURI DEPARTMENT OF TRANSPORTATION 5/8"Ø URBAN RIGHT OF WAY MARKER, SAID RIGHT OF WAY MARKER BEING LOCATED ON THE EAST LINE OF INTERSTATE '55', 155.00 FEET OPPOSITE AND NORMAL TO CENTERLINE STATION
927+35; THENCE WITH THE EAST LINE OF SAID INTERSTATE '55', NORTH 25°33'42” WEST, 335.93 FEET; THENCE NORTH 21°17'37” WEST, 700.00 FEET; THENCE NORTH 07°04'31" EAST, 113.65 FEET; THENCE NORTH 21°17'37" WEST, 622.30 FEET; THENCE NORTH 08°33'58" WEST, 453.44 FEET; THENCE NORTH 02°58'57" EAST, 502.76 FEET; THENCE
NORTH 29°34'15" EAST, 501.24 FEET; TO THE INTERSECTION OF THE EAST LINE OF INTERSTATE '55 AND THE SOUTH LINE OF LASALLE AVENUE, THENCE WITH THE SOUTH LINE OF SAID LASALLE AVENUE, NORTH 68°35'56" EAST 209.51; TO THE MOST NORTHWESTERLY CORNER OF LOT NO. 1 OF SAID GREATER CAPE GIRARDEAU BUSINESS
PARK PHASE III, THENCE LEAVING THE SOUTH LINE OF SAID LASALLE AVENUE AND WITH THE WEST LINE OF SAID LOT 1, SOUTH 12°34'41" EAST, 308.47 FEET; THENCE SOUTH 44°15'24" EAST, 356.55 FEET; TO THE MOST SOUTHERLY CORNER OF SAID LOT NO. 1 OF GREATER CAPE GIRARDEAU BUSINESS PARK PHASE III, SAID POINT BEING
ON THE WEST LINE OF VETERANS MEMORIAL DRIVE, THENCE WITH SAID WEST LINE, SOUTH 27°43'11" WEST, 456.77 FEET; THENCE ALONG AN ARC TO THE LEFT HAVE A RADIUS OF 1050.00 FEET A DISTANCE OF 886.98 FEET (THE CHORD OF SAID ARC BEARS SOUTH 03°31'11" WEST, 860.84 FEET); THENCE SOUTH 20°40'49" EAST, 483.33 FEET
TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 470.00 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 250.50 FEET (THE CHORD OF SAID ARC BEARS SOUTH 35°56'56” EAST 247.54 FEET); THENCE SOUTH 51°13'03” EAST 46.38 FEET; THENCE LEAVING THE EAST LINE OF SAID VETERANS
MEMORIAL DRIVE, SOUTH 35°48'34” WEST, 44.87 FEET; THENCE SOUTH 22°07'49” WEST, 120.52 FEET; THENCE SOUTH 28°37'41” WEST, 41.37 FEET; THENCE SOUTH 03°26'42” EAST, 60.91 FEET; THENCE SOUTH 23°36'15” WEST, 44.15 FEET; THENCE SOUTH 00°20'56” WEST, 193.24 FEET; THENCE SOUTH 33°27'49” WEST, 156.14 FEET TO THE
POINT OF BEGINNING AND CONTAINING 29.88 ACRES, MORE OR LESS.
MORGAN LAKE, MANAGER
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
ON THIS ___________ DAY OF ____________________, 20____, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED MORGAN LAKE, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE MANAGER OF TOUCHDOWN DEVELOPMENT LLC, A MISSOURI LIMITED LIABILITY COMPANY, AND THAT SHE IS
AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID COMPANY, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID COMPANY.
IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN.
MY COMMISSION EXPIRES .
NOTARY PUBLIC
I, ___________________________, CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY ORDINANCE NO. ___________________________________________, PASSED AND APPROVED THIS _________ DAY OF
____________________________, A.D., 20____.
CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
FILED FOR RECORD THIS _________ DAY OF ____________________________, A.D., 20____,
IN DOCUMENT NUMBER ________________________________.
ANDREW DAVID BLATTNER, RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MISSOURI
SUBDIVISION DEDICATIONSUBDIVISION NOTES
ZONING REGULATIONS
LOT SIZES
PLAT PREPARED BY & SURVEYING
SERVICES PROVIDED BY:
RECORD OWNER
FLOODPLAIN NOTE
LEGEND
NOT TO SCALE
PLAT REFERENCES
SUBDIVISION
LOCATION
NORTH ORIENTATION FROM
MISSOURI STATE PLANE
COORDINATE SYSTEM
LINE TABLE
LINE # DIRECTION LENGTH
L1 S33' 27' 49"W 156, 14'
L2 soo· 20· 56"W 193,24'
L3 S23' 36' 15"W 44,15'
L4 S03' 26' 42"E 60,91'
L5 S28' 37' 41 "W 41,37'
INOOVATION
WAY
AVE.
z §. c~ ~c
COKERLN.
N
RECORD PLAT
FOR EOC SUBDIVISION
ALL OF LOT 2 OF THAT PART OF GREATER CAPE GIRARDEAU BUSINESS PARK -PHASE Ill, AS SET OUT IN DOCUMENT 2016-01888 IN THE LAND
RECORDS OF CAPE GIRARDEAU COUNTY, BEING IN UNITED STATES PRIVATE SURVEYS NUMBER 202 AND 790, TOWNSHIP 31 NORTH, RANG E13 EAST OF
THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI.
ZONING:
SETBACKS:
TOUCHDOWN DEVELOPMENT GROUP LLC
DOC. NO. 2022-11843
M1 -LIGHT MANUFACTURING/INDUSTRIAL
DISTRICT
FRONT: TWENTY-FIVE (25) FEET.
REAR: TWENTY-FIVE (25) FEET.
SIDE: NONE, EXCEPT ON A LOT ABUTTING
A RESIDENTIAL DISTRICT THERE
SHALL BE A SIDE YARD OF NOT
LESS THAN TEN (10) FEET ON THE
SIDE OF THE LOT ABUTTING THE
RESIDENTIAL DISTRICT.
TOTAL NUMBER OF LOTS:
LARGEST LOT AREA:
SMALLEST LOT AREA:
TOTAL SUBDIVISION AREA:
2LOTS
956,045 SF
272,939 SF
1,229,984 SF (28.21 ACRES)
PORTIONS OF THIS PROPERTY FALLS WITHIN THE AREA OF
MINIMAL FLOOD HAZARD "ZONE X", AND FLOODWAY "ZONE AE" AS
INDICATED ON THE FLOOD INSURANCE RATE MAP COMMUNITY
PANEL NO. 29031C 0163 E WITH AN EFFECTIVE DATE OF
SEPTEMBER 29, 2011.
L6 S22' 07' 49"W 120,52' * W E MAXIMUM HEIGHT: 40 FEET EXCLUDING SILOS,
L7
LB
895 cc
S35' 48' 34"W 44,87'
S51' 13' 03"E 46,38'
/"'
LOT 1 N/F
GREATER CAPE GIR BUSINESS PARK DRURY DEVELOPMENT CORP.
PH Ill SUBDIVISION
DOC. ND. 2016-01888 DOC. NO. 2017-01898 '\
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SOUTH LINE OF
LASAill AVENUE
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MINIMUM LOT AREA:
MINIMUM LOT WIDTH:
' ' ' ' '
LOT 2
' ' ' ' ' . ' ' '
GREATER CAPE GIR BUSINESS PARK
PH Ill SUBDl~SION
DOC. NO. 2016-01888
N/F
TOUCHDOl'IN DEVELOPMENT LLC
DOC. NO. 2022-11843
'
' '
' ' '
SMOKESTACKS, AND DUST
COLLECTION SYSTEMS.
NONE.
NONE.
' ' ' ', "/, ct '
"'~"& '' "t:r!yv \\
' ' ' ' '
' ' ', ' ' . '
!J04 (10 !J06 (10 !J07 (10 !JOO OD
KOEHLER ENGINEERING AND LAND SURVEYING, INC.
194 COKER LANE, CAPE GIRARDEAU, MO 63701
(573) 335-3026
TOUCHDOWN DEVELOPMENT GROUP LLC
DOC. NO. 2022-11843
GREATER CAPE GIRARDEAU BUSINESS PARK -PHASE Ill
DOC. NO. 2016-01888
N/F
TOUCHDOWN DEVELOPMENT
GROUP LLC
DOC. NO. 2022-11843
NORTH BOUND LANE
INTERSTATE '55'
J1 ::: I DC CJ' 1 I :x: J12 I DC J13 I DC J15 I DC J1 SI DC 917 I C::C 919+UC SLU-UU
LOT 2
GREATER CAPE GIR BUSINESS PARK
PH Ill SUBDIVISION
DOC. NO. 2D16-01888
921 IDC '.:J/7 OD 924-00 --++---1--1----+ -1----J14 I DC
+ ----1--1----S23-00
+ ----1-
f CENTERLINE OF ,--/---COUNTY ROAD 618
N/F
CULA LP
DOC. NO. 2013-02160
'
POINT OF BEGINNING
~ ~ 11T11--------------------------------------7------=::--=::::=:::~~~;;;;;;;~~~~~:------SOUTHBOUNDLANE------------------------------------------------------------------~----=== INTERSTATE '55'
CURVE TABLE
CURVE # LIENGTH RADIUS DELTA CHORD DIRECTION
C1 250.50' 470.00' 30'32'14" S35' 56' 56"E
N.T.S.
CHORD LENGTH
247.54'
= FOUND 112" IRON ROD
= FOUND RIGHT-OF-WAY MARKER
= NOT TO SCALE
= SUBDIVISION BOUNDARY LINE
= NEW LOT LINE
= CENTERLINE -"'V'V'V'vV'v-
= EXTERNAL PARCEL LINE
= BUILDING SETBACK LINE
= EXISTING EASEMENT LINE
= FLOODWAY LIMITS
= FLOODPLAIN LIMITS
= BASE FLOOD ELEVATION (BFE)
100 0 ~I GRAPHIC SCALE
50 100 200 ... I_I I I THIS SURVEY OF A TRACT OF URBAN PROPERTY
WAS PERFORMED IN ACCORDANCE WITH THE
( IN FEET )
CURRENT MINIMUM STANDARDS FOR PROPERTY
BOUNDARY SURVEYS IN THE STATE OF MISSOURI
I inch = 100 ft. AS MADE EFFECTIVE JULY 31, 2022
DRAWN BY
CHECKED BY=
SURVEY DATE:
DRAWING DATE·
DRAWING NO=
ssional Engineers & Land Su.
194 Coker Lane
Cape Girardeau, Missouri 63701
Ph: (573) 335 -3026 Fax: (573) 335 -3049
MO PLS Corp. Certificate #000262
SUSAN DODDS REV DATE DESCRIPTION
CHRISTOPHER KOEHLER
JANUARY 2023
MARCH 15, 2023
38752
INITIALS
Planning & Zoning Commission
REQUEST:
NAME OF SUBDIVISION:
LOCATION OF TRACT:
APPLICANT:
PROPERTY OWNER:
Subdivision Vacation
Griffin Farm First Subdivision
Along Route K -West of 265 Notre
Dame Drive
Melanie Cantrell
James L. & Wanda L. Drury Trust
Planning & Zoning Commission
PROPOSED REVISIONS TO CHAPTER 30
(ZONING ORDINANCE)
REGARDING A-1, (Airport District)
FOR REVIEW – April 12, 2023
Chapter 30 Amendment Regarding A-1, Airport District
April 12, 2023
Page 1 of 7
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
Chapter 30 Amendment Regarding A-1, Airport District
April 12, 2023
Page 2 of 7
Sec. 30-70. - A-1, Airport District.
(a) Purpose. The purpose of this district is intended to regulate development of land surrounding the Cape
Girardeau Regional Airport. To promote compatible land uses with the airport and associated uses of
surrounding land, along with protecting the airport from incompatible development. The A-1 district is
intended for the Cape Girardeau Regional Airport and other properties that are intended for airport-related
uses.
(b) Permitted principal uses.
(1) Public airport airports owned and/or operated by a general or special purpose unit of government, to
include all air-side support facilities necessary for operation.
(2) General Facilities for general commercial aviation, air charter service, aircraft maintenance, pilot
training, and scheduled air passenger and freight services.
(3) Automobile and aircraft parking and storage. storage facilities.
(4) Aircraft and aircraft parts repair, construction, reconstruction, construction or maintenance. or
maintenance facilities.
(5) Offices and office buildings. Offices.
(6) Warehousing. Warehouses.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.
(2) Motor fuel filling, dispensing Fuel dispensing and storage facilities for vehicles and aircraft.
(3) Agricultural use, limited to row crop production and excluding the raising of trees or animals, Row crop
production, subject to applicable FAA Federal Aviation Administration regulations.
(4) Public parks, playgrounds and recreational facilities.
(5) Hotels.
(6) Food service, service facilities including, including restaurants and food dispensing. but not limited to,
restaurants.
(7) Advertising signs, limited to on-premises signs advertising the name and services of a business located
in this district.
(8) Billboards, but only in conformance with section 25-109. as permitted elsewhere in the city Code.
(9) Any sign Signs erected and maintained pursuant to and in the discharge of a governmental function or
required by law, ordinance or governmental regulation. In addition, any sign referred to in subsections
(c)(6), (7), and (8) of this section must also comply with the rules and regulations of the Cape Girardeau
Regional Airport, any applicable state or federal law, and receive prior written approval from the
airport manager.
(10) Short-term use of shipping containers for accessory uses, as permitted in section 30-105.
(d) Special uses.
(1) General retail sales. Retail or rental establishments.
(2) Any use permitted in the M-1, Light Manufacturing/Industrial District and or M-2, Heavy
Manufacturing/Industrial District. District not included in section 30-70(b) or (c).
(3) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning
district which would allow other buildings of the same nature as a use-by-right.
Chapter 30 Amendment Regarding A-1, Airport District
April 12, 2023
Page 3 of 7
(4) Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.
(5) Long-term use of shipping containers for accessory uses, as permitted in section 30-105.
(e) Height, area, bulk width, and setback requirements.
(1) Maximum height: Two stories not to exceed 30 feet. 40 feet, not to exceed three stories except for
control towers, which shall have no maximum height.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum yard requirements; front, rear and side yard: 25 feet for front and rear, ten feet for side yard.
Front, rear and side yard requirements do not apply to structures constructed on or immediately
adjacent to any runway or aircraft apron at the Cape Girardeau Regional Airport.
Minimum setbacks:
a. Front yard: 25 feet.
b. Rear yard: 25 feet.
c. Side yard: Ten feet.
d. Setback from an airport runway or apron: as approved by the city manager, subject to
applicable Federal Aviation Administration regulations.
(5) Maximum building coverage: None.
(f) Open space, landscaping landscaping, and bufferyard requirements.
(1) Open Minimum open space: None.
(2) Landscaping shall be provided as required in chapter 25. Landscaping and bufferyards shall be provided
as required elsewhere in the city Code.
(3) A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2, R-3,
R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of
chapter 25.
(g) Height regulations; definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Airport means Cape Girardeau Regional Airport.
Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level.
Approach surface means a surface longitudinally centered on the extended runway centerline, extending
outward and upward from the end of the primary surface and at the same slope as the approach zone height
limitation slope set forth in subsection (i) of this section. In the airspace plan, the perimeter of the approach
surface coincides with the perimeter of the approach zone.
Approach, transitional, horizontal, and conical zones mean these zones as set forth in subsection (h) of this
section.
Conical surface means a surface extending outward and upward from the periphery of the horizontal surface
at a slope of 20 to one for a horizontal distance of 4,000 feet.
Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe
and efficient utilization of the navigable airspace.
Height means, for the purpose of determining the height limits in all zones set forth in this section and
shown on the airspace plan, the datum shall be mean sea level elevation unless otherwise specified.
Chapter 30 Amendment Regarding A-1, Airport District
April 12, 2023
Page 4 of 7
Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter
of which in the airspace plan coincides with the perimeter of the horizontal zone.
Nonconforming use means any preexisting structure, object of natural growth, or use of land which is
inconsistent with the provisions of this section, or any amendment thereto.
Nonprecision instrument runway means a runway having an existing instrument approach procedure utilizing
air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in
nonprecision instrument approach procedure has been approved or planned.
Obstruction means any structure, growth or other object, including a mobile object, which exceeds a limiting
height set forth in subsection (i) of this section.
Person means an individual, firm, partnership, corporation, company, association, joint stock association or
governmental entity; includes a trustee, a receiver, an assignee or similar representative of any of them.
Precision instrument runway means a runway having an existing instrument approach procedure utilizing an
instrument landing system (ILS) or precision approach radar (PAR). It also means a runway for which a precision
approach system is planned and is so indicated on an approved airport layout plan or any other planning
document.
Primary surface means a surface longitudinally centered on a runway. When the runway has a specially
prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the
primary surface is set forth in subsection (h) of this section. The elevation of any point on the primary surface is the
same as the elevation of the nearest point on the runway centerline.
Runway means a defined area of an airport prepared for landing and take-off of aircraft along its length.
Structure means an object, including a mobile object, constructed or installed by man, including, but without
limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
Transitional surfaces means surfaces that extend outward at 90-degree angles to the runway centerline and
the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the
primary and approach surfaces to where they intersect the horizontal and conical surfaces; also, transitional
surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the
conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface
and at 90-degree angles to the extended runway centerline.
Tree means any object of natural growth.
Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of
12,500 pounds maximum gross weight or less.
Visual runway means a runway intended solely for the operation of aircraft using visual approach
procedures.
(h) Airport zones. In order to carry out the provisions of this section, there are hereby created and established
certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal
surfaces, and conical surfaces as they apply to the Cape Girardeau Regional Airport. Such zones are shown in
the most recent approved airport layout plan which is incorporated into this article section and made a part
hereof as though fully set out herein. An area located in no more than one of the following zones is
considered to be only in the zone with the more restrictive height limitation. The various zones are hereby
established and defined as follows:
(1) Runway 20 visual approach zone. The inner edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of
1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
---
Chapter 30 Amendment Regarding A-1, Airport District
April 12, 2023
Page 5 of 7
(2) Runway 02 nonprecision instrument approach zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 500 feet wide. The approach zone expands outward
uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
(3) Precision instrument runway 10 approach zone. The inner edge of this approach zone coincides with
the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly
to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline
is the continuation of the centerline of the runway.
(4) Runway 28 nonprecision instrument approach zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward
uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
(5) Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(6) Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways
designated as utility or visual, and 10,000 feet radii for all others measured from the center of each end
of the primary surface of each runway and connecting the adjacent arcs by drawing a line tangent to
these arcs. The horizontal zone does not include the approach and transitional zones.
(7) Conical zone. The conical zone is established as the area that commences at the periphery of the
horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
(i) Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected,
altered or maintained, and no tree shall be allowed to grow in any zone created by this article section to a
height in excess of the applicable height limit herein established for such zone. Such applicable height limits
are hereby established for each of the zones in question as follows:
(1) Runway 20 visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet
along the extended runway centerline.
(2) Runway 02 nonprecision instrument approach zone. Slopes 20 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway centerline.
(3) Precision instrument runway 10 approach zone. Slopes 50 feet outward for each foot upward beginning
at the end of and at the same elevation as the primary surface and extending to a horizontal distance
of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for
each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway
centerline.
(4) Runway 28 nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a horizontal
distance of 10,000 feet along the extended runway centerline.
(5) Traditional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the
same elevation as the primary surface and the approach surface and extending to a height of 150 feet
above the airport elevation which is 342 feet above mean sea level. In addition to the foregoing, there
are established height limits sloping seven feet outward for each foot upward beginning at the sides of
and at the same elevation as the approach surface and extending to where they intersect the conical
surface. Where the precision instrument runway approach zone projects beyond the conical zone,
there are established height limits sloping seven feet outward for each foot upward beginning at the
sides of and at the same elevation as the approach surface and extending a horizontal distance of
5,000 feet measured at 90-degree angles to the extended runway centerline.
---
Chapter 30 Amendment Regarding A-1, Airport District
April 12, 2023
Page 6 of 7
(6) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 492 feet above
mean sea level.
(7) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal
zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the
airport elevation.
(8) Excepted height limitations. Nothing in this article section shall be construed as prohibiting the
construction or maintenance of any structure to a height of 30 feet, or growth of any tree to a height of
50 feet, above the surface of the land.
(j) Use restrictions. Notwithstanding any other provision of this article, section, no use may be made of land or
water within any zone established by this article section in such a manner as to create electrical interference
with navigation signals or radio communication between the airport and aircraft, make it difficult for pilots to
distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or
interfere with the landing, takeoff or maneuvering of the aircraft intending to use the airport.
(k) Nonconforming uses.
(1) Regulations not retroactive. The regulations prescribed by this article section shall not be construed to
require the removal, lowering or other change or alteration of any structure or tree not conforming to
the regulations as of the effective date of the ordinance from which this article section derives, or
otherwise interfere with the continuance of such nonconforming use. Nothing contained herein shall
require any change in the construction, alteration, or intended use of any structure, the construction or
alteration of which was begun prior to the effective date of the ordinance from which this article
section derives.
(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any
existing nonconforming structure or tree is hereby required to permit the installation, operation and
maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager
to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the
Cape Girardeau Regional Airport.
(l) Permits.
(1) Future uses. Except as specifically provided for in subsections (l)(1)a through c of this section, no
material change shall be made in the use of land, no structure shall be erected or otherwise
established, and no tree shall be planted in any zone hereby created unless a permit therefor shall
have been applied for and granted by the building official. city. Each application for a permit shall
indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be
determined whether the resulting use, structure or tree would conform to the regulations herein
prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use
inconsistent with the provisions of this article section shall be granted unless a variance has been
approved in accordance with section 30-30.
a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be
required for any tree or structure less than 75 feet of vertical height above the ground, except
when because of terrain, land contour, or topographic features, such tree or structure would
extend above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than
4,200 feet from each end of the runway, no permit shall be required for any tree or structure less
than 75 feet of vertical height above the ground, except when such tree or structure would
extend above the height limit prescribed for such approach zones.
Chapter 30 Amendment Regarding A-1, Airport District
April 12, 2023
Page 7 of 7
c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal
zone, no permit shall be required for any tree or structure less than 75 feet of vertical height
above the ground, except when such tree or structure, because of terrain, land contour, or
topographic features, would extend above the height limit prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to
permit any construction, or alteration of any structure, or growth of any tree in excess of any of the
height limits established by this article section except as set forth in subsection (i)(8) of this section.
(2) Existing uses. No permit shall be granted that would allow the establishment or creation of an
obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air
navigation than it was on the effective date of the ordinance from which this article section is derived
or any amendments thereto, or than it is when the application for the permit is made. Except as
indicated, all applications for such a permit shall be granted.
(3) Nonconforming uses abandoned or destroyed. Whenever the building official city determines that a
nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically
deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed
the applicable height limit or otherwise deviate from the zoning regulations.
(4) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of
any tree, or use property, not in accordance with the regulations prescribed in this article, section, may
apply to the board of adjustment for a variance from such regulations. The application for variance
shall be accompanied by a determination from the Federal Aviation Administration as to the effect of
the proposal on the operation of air navigation facilities and the safe, efficient use of navigable
airspace. Such variances shall only be allowed granted where it is duly found that a the literal
application or strict enforcement of the regulations will result in unnecessary hardship, and that the
relief granted will not be contrary to the public interest and will not create a hazard to air navigation
facilities and the safe, efficient use of navigable airspace. In addition, such variances shall only be
allowed where it is duly found that the relief granted will do substantial justice and will be in
accordance with the spirit of this article. section. Additionally, no application for variance to the
requirements of this article section may be considered by the board of adjustment unless a copy of the
application has been furnished to the airport manager for advice as to the aeronautical effects of the
variance. If the airport manager does not respond to the application within 15 days after receipt, by
the time of the board of adjustment review, then the board of adjustment may act on its own to grant
or deny said application.
(5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed
advisable to effectuate the purposes of this article section and be reasonable in the circumstances, be
so conditioned as to require the owner of the structure or tree in question to install, operate and
maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by
the board of adjustment, this condition may be modified to require the owner to permit the Cape
Girardeau Regional Airport at its own expense, to install, operate and maintain the necessary markings
and lights.
(m) Enforcement. It shall be the duty of the building official city to administer and enforce the regulations
prescribed herein. Applications for permits and variances shall be made to the building official city upon a
form published for that purpose. Applications required by this article section to be submitted to the building
official city shall be promptly considered and granted or denied. Application for action by the board of
adjustment shall be forthwith transmitted by the building official city.
(n) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed
in this article section and any other regulations applicable to the same area, whether the conflict be with
respect to the height of structures or trees, and the use of land, or any other matter, the more stringent
limitation or requirement shall govern and prevail.
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April 12, 2023
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Sec. 30-70. - A-1, Airport District.
(a) Purpose. The A-1 district is intended for the Cape Girardeau Regional Airport and other properties that are
intended for airport-related uses.
(b) Permitted principal uses.
(1) Public airports owned and/or operated by a general or special purpose unit of government, to include
all air-side support facilities necessary for operation.
(2) Facilities for general commercial aviation, air charter service, aircraft maintenance, pilot training, and
scheduled air passenger and freight services.
(3) Automobile and aircraft parking and storage facilities.
(4) Aircraft and aircraft parts repair, construction, reconstruction, or maintenance facilities.
(5) Offices.
(6) Warehouses.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.
(2) Fuel dispensing and storage facilities for vehicles and aircraft.
(3) Row crop production, subject to applicable Federal Aviation Administration regulations.
(4) Public parks, playgrounds and recreational facilities.
(5) Hotels.
(6) Food service facilities including, but not limited to, restaurants.
(7) Advertising signs, limited to on-premises signs advertising the name and services of a business located
in this district.
(8) Billboards, as permitted elsewhere in the city Code.
(9) Signs erected and maintained pursuant to and in the discharge of a governmental function or required
by law, ordinance or governmental regulation. In addition, any sign referred to in subsections (c)(6),
(7), and (8) of this section must also comply with the rules and regulations of the Cape Girardeau
Regional Airport, any applicable state or federal law, and receive prior written approval from the
airport manager.
(10) Short-term use of shipping containers for accessory uses, as permitted in section 30-105.
(d) Special uses.
(1) Retail or rental establishments.
(2) Any use permitted in the M-1, Light Manufacturing/Industrial District or M-2, Heavy
Manufacturing/Industrial District not included in section 30-70(b) or (c).
(3) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning
district which would allow other buildings of the same nature as a use-by-right.
(4) Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.
(5) Long-term use of shipping containers for accessory uses, as permitted in section 30-105.
(e) Height, area, width, and setback requirements.
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April 12, 2023
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(1) Maximum height: 40 feet, not to exceed three stories except for control towers, which shall have no
maximum height.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: 25 feet.
b. Rear yard: 25 feet.
c. Side yard: Ten feet.
d. Setback from an airport runway or apron: as approved by the city manager, subject to
applicable Federal Aviation Administration regulations.
(5) Maximum building coverage: None.
(f) Open space, landscaping, and bufferyard requirements.
(1) Minimum open space: None.
(2) Landscaping and bufferyards shall be provided as required elsewhere in the city Code.
(g) Height regulations; definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Airport means Cape Girardeau Regional Airport.
Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level.
Approach surface means a surface longitudinally centered on the extended runway centerline, extending
outward and upward from the end of the primary surface and at the same slope as the approach zone height
limitation slope set forth in subsection (i) of this section. In the airspace plan, the perimeter of the approach
surface coincides with the perimeter of the approach zone.
Approach, transitional, horizontal, and conical zones mean these zones as set forth in subsection (h) of this
section.
Conical surface means a surface extending outward and upward from the periphery of the horizontal surface
at a slope of 20 to one for a horizontal distance of 4,000 feet.
Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe
and efficient utilization of the navigable airspace.
Height means, for the purpose of determining the height limits in all zones set forth in this section and
shown on the airspace plan, the datum shall be mean sea level elevation unless otherwise specified.
Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter
of which in the airspace plan coincides with the perimeter of the horizontal zone.
Nonconforming use means any preexisting structure, object of natural growth, or use of land which is
inconsistent with the provisions of this section, or any amendment thereto.
Nonprecision instrument runway means a runway having an existing instrument approach procedure utilizing
air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in
nonprecision instrument approach procedure has been approved or planned.
Obstruction means any structure, growth or other object, including a mobile object, which exceeds a limiting
height set forth in subsection (i) of this section.
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Person means an individual, firm, partnership, corporation, company, association, joint stock association or
governmental entity; includes a trustee, a receiver, an assignee or similar representative of any of them.
Precision instrument runway means a runway having an existing instrument approach procedure utilizing an
instrument landing system (ILS) or precision approach radar (PAR). It also means a runway for which a precision
approach system is planned and is so indicated on an approved airport layout plan or any other planning
document.
Primary surface means a surface longitudinally centered on a runway. When the runway has a specially
prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the
primary surface is set forth in subsection (h) of this section. The elevation of any point on the primary surface is the
same as the elevation of the nearest point on the runway centerline.
Runway means a defined area of an airport prepared for landing and take-off of aircraft along its length.
Structure means an object, including a mobile object, constructed or installed by man, including, but without
limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
Transitional surfaces means surfaces that extend outward at 90-degree angles to the runway centerline and
the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the
primary and approach surfaces to where they intersect the horizontal and conical surfaces; also, transitional
surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the
conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface
and at 90-degree angles to the extended runway centerline.
Tree means any object of natural growth.
Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of
12,500 pounds maximum gross weight or less.
Visual runway means a runway intended solely for the operation of aircraft using visual approach
procedures.
(h) Airport zones. In order to carry out the provisions of this section, there are hereby created and established
certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal
surfaces, and conical surfaces as they apply to the Cape Girardeau Regional Airport. Such zones are shown in
the most recent approved airport layout plan which is incorporated into this section and made a part hereof
as though fully set out herein. An area located in no more than one of the following zones is considered to be
only in the zone with the more restrictive height limitation. The various zones are hereby established and
defined as follows:
(1) Runway 20 visual approach zone. The inner edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of
1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
(2) Runway 02 nonprecision instrument approach zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 500 feet wide. The approach zone expands outward
uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
(3) Precision instrument runway 10 approach zone. The inner edge of this approach zone coincides with
the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly
to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline
is the continuation of the centerline of the runway.
(4) Runway 28 nonprecision instrument approach zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward
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April 12, 2023
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uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
(5) Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(6) Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways
designated as utility or visual, and 10,000 feet radii for all others measured from the center of each end
of the primary surface of each runway and connecting the adjacent arcs by drawing a line tangent to
these arcs. The horizontal zone does not include the approach and transitional zones.
(7) Conical zone. The conical zone is established as the area that commences at the periphery of the
horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
(i) Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected,
altered or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in
excess of the applicable height limit herein established for such zone. Such applicable height limits are
hereby established for each of the zones in question as follows:
(1) Runway 20 visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet
along the extended runway centerline.
(2) Runway 02 nonprecision instrument approach zone. Slopes 20 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway centerline.
(3) Precision instrument runway 10 approach zone. Slopes 50 feet outward for each foot upward beginning
at the end of and at the same elevation as the primary surface and extending to a horizontal distance
of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for
each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway
centerline.
(4) Runway 28 nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a horizontal
distance of 10,000 feet along the extended runway centerline.
(5) Traditional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the
same elevation as the primary surface and the approach surface and extending to a height of 150 feet
above the airport elevation which is 342 feet above mean sea level. In addition to the foregoing, there
are established height limits sloping seven feet outward for each foot upward beginning at the sides of
and at the same elevation as the approach surface and extending to where they intersect the conical
surface. Where the precision instrument runway approach zone projects beyond the conical zone,
there are established height limits sloping seven feet outward for each foot upward beginning at the
sides of and at the same elevation as the approach surface and extending a horizontal distance of
5,000 feet measured at 90-degree angles to the extended runway centerline.
(6) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 492 feet above
mean sea level.
(7) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal
zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the
airport elevation.
(8) Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction
or maintenance of any structure to a height of 30 feet, or growth of any tree to a height of 50 feet,
above the surface of the land.
(j) Use restrictions. Notwithstanding any other provision of this section, no use may be made of land or water
within any zone established by this section in such a manner as to create electrical interference with
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April 12, 2023
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navigation signals or radio communication between the airport and aircraft, make it difficult for pilots to
distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or
interfere with the landing, takeoff or maneuvering of the aircraft intending to use the airport.
(k) Nonconforming uses.
(1) Regulations not retroactive. The regulations prescribed by this section shall not be construed to require
the removal, lowering or other change or alteration of any structure or tree not conforming to the
regulations as of the effective date of the ordinance from which this section derives, or otherwise
interfere with the continuance of such nonconforming use. Nothing contained herein shall require any
change in the construction, alteration, or intended use of any structure, the construction or alteration
of which was begun prior to the effective date of the ordinance from which this section derives.
(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any
existing nonconforming structure or tree is hereby required to permit the installation, operation and
maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager
to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the
Cape Girardeau Regional Airport.
(l) Permits.
(1) Future uses. Except as specifically provided for in subsections (l)(1)a through c of this section, no
material change shall be made in the use of land, no structure shall be erected or otherwise
established, and no tree shall be planted in any zone hereby created unless a permit therefor shall
have been applied for and granted by the city. Each application for a permit shall indicate the purpose
for which the permit is desired, with sufficient particularity to permit it to be determined whether the
resulting use, structure or tree would conform to the regulations herein prescribed. If such
determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with
the provisions of this section shall be granted unless a variance has been approved in accordance with
section 30-30.
a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be
required for any tree or structure less than 75 feet of vertical height above the ground, except
when because of terrain, land contour, or topographic features, such tree or structure would
extend above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than
4,200 feet from each end of the runway, no permit shall be required for any tree or structure less
than 75 feet of vertical height above the ground, except when such tree or structure would
extend above the height limit prescribed for such approach zones.
c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal
zone, no permit shall be required for any tree or structure less than 75 feet of vertical height
above the ground, except when such tree or structure, because of terrain, land contour, or
topographic features, would extend above the height limit prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to
permit any construction, or alteration of any structure, or growth of any tree in excess of any of the
height limits established by this section except as set forth in subsection (i)(8) of this section.
(2) Existing uses. No permit shall be granted that would allow the establishment or creation of an
obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air
navigation than it was on the effective date of the ordinance from which this section is derived or any
amendments thereto, or than it is when the application for the permit is made. Except as indicated, all
applications for such a permit shall be granted.
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April 12, 2023
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(3) Nonconforming uses abandoned or destroyed. Whenever the city determines that a nonconforming
tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or
decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable
height limit or otherwise deviate from the zoning regulations.
(4) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of
any tree, or use property, not in accordance with the regulations prescribed in this section, may apply
to the board of adjustment for a variance from such regulations. The application for variance shall be
accompanied by a determination from the Federal Aviation Administration as to the effect of the
proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
Such variances shall only be granted where it is duly found that the literal application or strict
enforcement of the regulations will result in unnecessary hardship, and that the relief granted will not
be contrary to the public interest and will not create a hazard to air navigation facilities and the safe,
efficient use of navigable airspace. In addition, such variances shall only be allowed where it is duly
found that the relief granted will do substantial justice and will be in accordance with the spirit of this
section. Additionally, no application for variance to the requirements of this section may be
considered by the board of adjustment unless a copy of the application has been furnished to the
airport manager for advice as to the aeronautical effects of the variance. If the airport manager does
not respond to the application by the time of the board of adjustment review, then the board of
adjustment may act on its own to grant or deny said application.
(5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed
advisable to effectuate the purposes of this section and be reasonable in the circumstances, be so
conditioned as to require the owner of the structure or tree in question to install, operate and
maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by
the board of adjustment, this condition may be modified to require the owner to permit the Cape
Girardeau Regional Airport at its own expense, to install, operate and maintain the necessary markings
and lights.
(m) Enforcement. It shall be the duty of the city to administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the city upon a form published for that purpose.
Applications required by this section to be submitted to the city shall be promptly considered and granted or
denied. Application for action by the board of adjustment shall be forthwith transmitted by the city.
(n) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed
in this section and any other regulations applicable to the same area, whether the conflict be with respect to
the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or
requirement shall govern and prevail.