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Description
Cape Girardeau Commercial Real Estate document sample
Document Sample
Commercial / Business
NC, Neighborhood Commercial District
Purpose
This district is intended to provide small convenient retail/commercial services and offices that
provide convenience goods or personal service primarily to people residing in adjacent
residential areas. This district is designed to accommodate compact, commercial uses in
residential neighborhoods at intersections or along major street or to function as a transition
between more intense commercial uses and neighborhoods. Additional requirements for light,
air, building design, open space and landscaping are required to alleviate any nuisances for
surrounding neighborhoods.
Permitted Uses (principal)
(1) Day cares centers in accordance with…
(2) Personal service establishments including beauty parlors, barber shops, dry cleaning
and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices
and hearing aid and eye glass shops.
(3) Police and fire stations
(4) Public and private parks, playgrounds
(5) Residential uses provided such uses are located above the first floor or behind non-
residential uses so as to promote continuous non-residential uses on the first floor
level along all street frontages.
(6) Restaurants, excluding drive-in, pick-up, or drive-thru facilities
(7) Retail establishments which supply convenience and specialized good and services
including but not limited to: groceries, bakery, package liquor, books, candy, dairy
products, drugs, flowers, gifts, jewelry, hobby materials, meat, fish, and poultry, news
stands, wearing apparel, shoes, clothing, toys, pipe and tobacco and video rental.
(8) Pet grooming with sales of pet grooming products allowed as an accessory use. (The
following are not accessory to this use and are prohibited: Overnight pet stays, the
sale or breeding of pets, kennels, and veterinarian services and outside activities).
(9) Finance, insurance and real estate services including, but not limited to, banks,
insurance offices, security brokers
(10) Banks and financial institutions including automatic teller machines and drive-thru
facilities with a maximum of two (2) teller stations or lanes.
Permitted uses (Accessory)
Accessory buildings and uses customarily incidental to the above uses including, but not
limited to, garages, and dumpster storage facilities
Special Uses
The following conditional uses may be permitted provided they meet the provisions of, and a
Special Use Permit is issued pursuant to, Section --- of this Article.
(1) Convenience store with gas pumps
(2) Funeral homes and mortuaries (crematoriums are permitted as accessory uses)
(3) Offices, administrative, business, finance, and professional, as the principal use on
the lot
(4) Offices, medical and dental
(5) School and studios for art, dancing, drama, music, photography, interior decorating,
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or similar courses of study
Use Limitations
(1) Buildings shall be designed in individual or small groupings and shall not exceed
16,000 square feet per structure with a maximum foot print of 10,000 square feet,
nor exceed two stories in height, except as provided as a conditional use. The
commercial development shall be designed and sized in a manner which is
architecturally, aesthetically and operationally harmonious with surrounding
development.
(2) All activities and permitted uses except off-street parking and loading facilities,
drive-thru facilities, parks, and day care activities shall be conducted entirely within a
completely enclosed building
(3) No individual retail store, personal service establishment or other permitted use shall
have a gross floor area greater than five-thousand (5,000) square feet.
(4) All uses shall operate in accordance with the noise standard contained in section ---
(5) No use shall emit an odor that creates a nuisance as determined by ----
(6) Streets through adjacent residential areas shall not be uses to provide principal
access for truck traffic to any non-residential use in this district except on streets
classified as expressways, arterials, or collectors.
(7) Off street parking in rear or side yard
Height, Area, Bulk and Setback Requirements
(1) Height: Principal building – twenty-five (25) feet
(2) Lot Area: None
(3) Density: 16,000 square feet, with a maximum 10,000 square foot, building footprint
(4) Lot width: None
(5) Yard requirements:
(a) Front yard: None, except for multi-family uses, ten (10) feet
(b) Rear yard: Twenty (20%) percent of the lot depth or ten (10) feet, whichever is
greater. No more than twenty-five (25) feet shall be required.
(c) Side yard: None, except as where located adjacent to residential uses, then ten
(10) feet.
(6) Maximum Building coverage (including accessory buildings): Thirty-five (35%)
percent.
Open Space requirements
(1) Minimum open space: not less than twenty (20%) percent of the total lot area shall
be devoted to open space including required yards and bufferyards unless notified in
accordance with Section ---. Open space shall not include areas covered by buildings,
structures, parking, loading, streets and internal streets. Other paved areas such as
trails, sidewalks maybe included as open space. Open space shall contain living
ground cover and other landscaping materials.
Design Requirements
(1) A site plan, meeting the requirements of Section---, shall be submitted and approved
(2) A landscape plan, meeting the requirements of Section --- shall be submitted and
approved.
(3) All structures in the NC District shall be constructed using materials, surfaces
textures, and colors similar in nature to surrounding residential development.
Consideration shall also be given to the scale, orientation, and proportion of
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surrounding development. Design review shall be performed as part of the site plan
review required by Section ---
(4) All off street parking lots and vehicular uses areas shall be screened from all
residential uses in accordance with Section ---
(5) Refuse storage areas shall be screened from view in accordance with…
(6) Mechanical and electrical equipment, including air conditioning units, shall be
screened from view in accordance with …
(7) Lighting shall be designed to reflect away from any adjacent residential area and in
accordance with…
(8) Accessory buildings and structures shall meet the requirements of ….
(9) Signage specific to neighborhood commercial (smaller signs)… (the sign ordinance
would need to be updated to add this and other districts)
Parking regulations:
See section …..
Bufferyard regulations:
Whenever any development in a NC District is located adjacent to a less intense zoning district,
screening and a bufferyard shall be provided in accordance with …
CBD, Central Business District
Purpose
The Central Business District is to provide for the development of high density, compact,
pedestrian oriented shopping, office, service, entertainment and residential districts. This
district is intended to be a mixed-use district that accommodates that variety of uses. It is
intended specifically for the older central business district or downtown and the Broadway and
Good Hope Harrig district areas of the City of Cape Girardeau. It is intended to allow flexible
setbacks, smaller lot sizes and increased lot coverage to encourage density development in the
urban core of the community. This district is to protect the small community appeal, integrity,
character, and charm within the CBD by encouraging redevelopment that focuses on
architecturally appropriate design standards typical of the City’s early development history.
These areas may also be experiencing or be in need of rehabilitation or redevelopment. This
district is intended to accommodate the transition that must occur if these areas are to continue
to contribute to the vitality of the City. The regulations of the Central Business District are
intended to allow greater design flexibility than is permitted by the other district regulations for
tracts of land in the CBD, where the planned development of such tract would better utilize the
character of the site and enhance the appearance and economic vitality of the downtown area.
Furthermore, this district is intended to permit neighborhoods of mixed uses existing within the
same structure.
Permitted Uses
(1) Any business that: provides, displays, advertises and sells goods, supplies and or
services to the general public as long as all activities associated with said business are
contained entirely indoors as stated in general guidelines.
(2) Any governmental building
(3) Residential uses, on upper floors
(4) Hotels
(5) Medical facilities
(6) Private intuitions of higher education
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(7) Senior Citizen Housing, Nursing homes and retirement homes
(8) Commercial Day Care facility
(9) Microbrewery
Special Use
(1) Helicopter landing pad, heliport or other landing area in relationship with medical
facilities
(2) Telecommunication tower. The location of the telecommunication tower is subject to
the following conditions:
(a) The applicant shall identify the location of the proposed tower(s) on a map
showing other tower locations within the City. If the proposed tower is
located within one mile of an existing tower(s), the applicant must submit
evidence demonstrating why the existing tower(s) is not suitable or available
for co-use.
(b) 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.
(c) The design of the tower and accessory structures shall maximize the use of
buildings materials, colors, textures, screening and landscaping that
effectively blend the facilities within the surrounding natural settings and
environment.
(d) The tower shall be set back from the right-of-way lone of any public street up
to a distance equal to the height of the tower.
(e) Towers or antennas located on structures shall not extend more than thirty
(30) feet above the height of the tower.
(f) 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.
(g) Any tower that is no longer in use for a telecommunication 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 and execute agreement to
ensure compliance 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.
(3) Marina or dock
(4) Excursion gambling boat or floating gambling facility with the following provisions:
(a) Accessory uses directly connected, associated or linked with the operation of
an excursion gambling boat or floating facility shall be included with, and
made a part of, any special use permit issues therefore and shall also be
within a “CBD”, “M1”, or “M2” district, or combination thereof.
(b) Accessory uses associated with an excursion gambling boat or floating facility
shall be include the following:
i. Boat support facilities
ii. Docking or mooring facilities
iii. Employee support facilities
iv. Ground transportation facilities
v.Passenger ticketing and reception facilities
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vi. Parking facilities
vii. Security facilities
viii. Signs, including those attached to a building or floating facility, or
otherwise placed on the premises constituting an excursion gambling
boat or floating facility site.
(c) Off-street parking, Off-street parking and loading facilities shall be provided
as specified in section --- of this chapter, except that the requirement for off-
street parking for an excursion boat or floating facility and its accessory uses
shall be one and one half (1 ½) spaces for every two (2) passengers, based on
maximum occupancy, plus one (1) space per employee on the maximum shift.
In addition, full size bus parking spaces shall be provided as required by the
Planning and Zoning Commission and City Council.
(d) Site Development Plan. In applying for a special use permit under this
section, the developer(s) shall submit a formal site plan for review, which
includes, but is not limited to the following:
i. Maps and other graphics indicating the boundaries of the development
and all properties to be included, indicating whether such properties are
owned, leased, optioned, or proposed for such.
ii. The locations and general sizes of all buildings, structures, parking lots
and other facilities comprising the development, including data on size,
facilities, and occupancy limits of the planned excursion gambling boat
or floating facility, and accessory uses.
iii. Evidence that the development contains sufficient land to provide for
any necessary or proposed land-side development and support facilities,
including parking, and the development includes sufficient river
frontage to accommodate location and operation of the planned
excursion gambling boat or floating facility.
iv. An impact analysis including, but not limited to, expected access routes,
traffic volumes, peak hours of operation, needed road or street
improvements and traffic controls necessary to accommodate the
proposed uses and traffic volumes, and plans for on-site security and
disaster response.
General Guidelines
(1) All new parcels of property platted and or recorded after the effective date of this
section shall abut by their full frontage onto a public street right-of-way except in the
instance of a planned unit development. Primary access roadways to any lot,
whether private or public, must meet all subdivision design guidelines in accordance
with…
(2) All permitted activities and uses, except the following, shall be conducted entirely
within an enclosed building. Bank drive thru, outdoor seating areas for eating and
drinking facilities, street vendors licensed by the City and playgrounds associated
with the City, schools or daycares.
(3) Only during those hours in which any business is open shall the display of any
merchandise and or materials for sale exist on the outside of the primary structure.
(4) Existing non-conforming structures shall comply with all design requirements at
such time the present use is changed and or the issuance of a business licenses is
required.
(5) Any construction or remodeling to the exterior of any existing building shall be
required to submit a building permit application. All proposals must meet to the
fullest extent possible the architectural guidelines of this chapter. Proposed exterior
finish materials must be from the approved materials list.
(6) The proposed colors for new structures must match, to a logical extent, those
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buildings surrounding the project in question as well as fit in with the character of
the historic downtown area.
(7) Landscaping……
Use Limitations
(1) All activities and permitted uses except the following shall be conducted entirely
within a completely enclosed building.
(a) Off street parking and loading facilities
(b) Banks and financial institutions including automatic teller machines and drive-
thru facilities with a maximum of two (2) teller stations or lanes.
(c) Outdoor eating and drinking facilities
(d) Occasional sidewalk sales
(e) Street vendors licensed by the City of Cape Girardeau
(f) Playgrounds associated with a school or daycare center
(g) Outdoor live or amplified music provided a permit for such activity has been
obtained from the City ---- pursuant to ----
(2) No dust, particle matter or noxious or toxic matter of any sort shall be emitted or
discharged at any time.
(3) All uses shall operate in accordance with the noise standards contained in Section ---
Height, Area, Bulk and Setback Requirements
(1) Height: Five (5) stories or ------ (--) feet. However, the height limitations may be
varied upon review by the Planning and Zoning Commission and approval by the City
Council.
(2) Lot Area: None
(3) Density: None
(4) Lot width: None
(5) Yard requirements:
(a) Front yard: None, except fifteen (15) feet when across from a residential zoning
district.
(b) Rear yard: None, except fifteen (15) feet when adjacent to a residential zoning
district.
(c) Side yard: None, except fifteen (15) feet when adjacent to a residential zoning
district.
(6) Maximum Building coverage (including accessory buildings): One hundred (100%)
percent.
Open Space requirements
(1) None
Design Requirements (to be updated at a later date)
Parking regulations:
See section …… for parking regulations.
Bufferyard regulations: See above….
Whenever any development in a CBD is located adjacent to a different zoning district,
specifically residential, screening and a bufferyard shall be provided in accordance with …
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C1, General Commercial District
Purpose
The General Commercial District is provided for the development of commercial enterprise that
may be auto-oriented in use or in design. These uses should be destination retail and
commercial spaces that provide essential business, retail, and service to the community and
region and provide a diversified economy for the greater Cape Girardeau area. Height of
buildings and uses should not adversely affect the adjacent neighborhood.
Permitted Uses (Primary)
(1) Business uses
(2) Office
(3) Retail
(4) Restaurants, not including drive thru
(5) Athletic clubs
(6) Daycare
(7) Funeral Homes
(8) Medical Facilities
(9) Private intuitions of higher education
(10) Senior Citizen Housing, Nursing homes and retirement homes
(11) Commercial Day Care facility
Permitted Uses (Accessory)
(1) Accessory buildings and uses customarily incidental to the above uses
(2) Helicopter landing pad, heliport or other landing area in relationship with medical
facilities
(3) Telecommunication tower. The location of the telecommunication tower is subject to
the following conditions:
(a) The applicant shall identify the location of the proposed tower(s) on a map
showing other tower locations within the City. If the proposed tower is
located within one mile of an existing tower(s), the applicant must submit
evidence demonstrating why the existing tower(s) is not suitable or available
for co-use.
(b) 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.
(c) The design of the tower and accessory structures shall maximize the use of
buildings materials, colors, textures, screening and landscaping that
effectively blend the facilities within the surrounding natural settings and
environment.
(d) The tower shall be set back from the right-of-way lone of any public street up
to a distance equal to the height of the tower.
(e) Towers or antennas located on structures shall not extend more than thirty
(30) feet above the height of the tower.
(f) 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.
(g) Any tower that is no longer in use for a telecommunication purpose shall be
removed at the owner’s expense. The owner of the tower shall provide the
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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 and execute agreement to
ensure compliance 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.
Special Uses
The following special uses may be permitted provided they meet the provisions of, and a Special
Use Permit is issued pursuant to, Section ----
(1) Automobile washing businesses, including automatic, coin-operated, and moving-
line facilities;
(2) Automobile service garages and service stations;
(3) Towers and other wireless facilities, exceeding one-hundred (100) feet in height, and
related facilities, as per section …; and
(4) Residential used on the first floor of a building
(5) Hotels
(6) Drive Thru restaurants
(7) Additional Height added to building
(8) Mini warehouse or self storage units
(9) Telecommunication tower. The location of the telecommunication tower is subject to
the following conditions:
(a) The applicant shall identify the location of the proposed tower(s) on a map
showing other tower locations within the City. If the proposed tower is
located within one mile of an existing tower(s), the applicant must submit
evidence demonstrating why the existing tower(s) is not suitable or available
for co-use.
(b) 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.
(c) The design of the tower and accessory structures shall maximize the use of
buildings materials, colors, textures, screening and landscaping that
effectively blend the facilities within the surrounding natural settings and
environment.
(d) The tower shall be set back from the right-of-way lone of any public street up
to a distance equal to the height of the tower.
(e) Towers or antennas located on structures shall not extend more than thirty
(30) feet above the height of the tower.
(f) 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.
(g) Any tower that is no longer in use for a telecommunication 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 and execute agreement to
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ensure compliance 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.
Use Limitations
Buildings and sites shall be used in accordance with the following standards:
(1) All merchandise shall be stored or displayed within a building, except as otherwise
permitted herein and that automobiles, trucks or vehicles for sale may be stored or
displayed outside a building but not within ten (10) feet of a street line;
(2) All storage of materials, products or equipment shall be within a fully enclosed
building or in an open yard so screened that the materials, products or equipment
are not visible from the street or any adjoining property;
(3) The seasonal display of nursery stock and accessory landscaping decorations,
seasonal decoration, and decorative items, and the daily display of merchandise shall
be allowed, in accordance with the following provisions:
(a) Daily displays shall be set up only during normal business hours, except that in
no case shall overnight displays be allowed with the exception of seasonal
merchandise;
(b) Long term storage of products shall be prohibited;
(c) Displays shall not alter the appearance of the building;
(d) Displays shall not be located within ten (10) feet of the primary entrance or exit;
(e) Displays shall not located wholly on privately owned property, with the owner’s
permission;
(f) Displays shall not impede pedestrian or vehicular access to the building or site;
and
(g) Displays shall be well-kept and orderly
(4) Any debris, smell, sound, glare, or vibration emitted from a building shall be
mitigation so as not to cause a nuisance to the general public.
Height, Area, Bulk and Setback Requirements
(1) Height: Three (3) stories
(2) Lot Area: None
(3) Density: None
(4) Lot width: None
(5) Yard requirements:
Front yard: Twenty-five (25) feet, exclude canopies from structures that are required
to meet the provisions of this section relating to minimum depth of front yard in
feet in C1 and C2 areas. Where the area abuts an “R” district the front yard
requirements shall be those of the adjoining “R” district.
Rear yard: Twenty-five (25) feet
Side yard: No side yard requirement for nonresidential buildings except that on a
lot abutting a residential district there shall be a side yard of not less than five (5)
feet on the side of the lot abutting the residential district. Side yards for
dwellings shall be not less than five (5) feet.
(6) However, in no event may a structure be erected closer to the centerline of an
existing or planned street than as prescribed below, except as permitted by …
(7) Maximum Building coverage (including accessory buildings): ------- (50%)? percent.
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Open Space Requirements
None, but landscape requirements from section …. must be met.
Design Requirements
Buildings and sites shall be designed and constructed in accordance with the following
principles:
(1) New and infill development should not encroach into existing residential
neighborhoods or neighborhoods commercial districts;
(2) Building should be designed with attention to architectural character and detail;
(3) Street-facing elevations shall be highly articulated with transparent windows and
elements designed at a pedestrian scale;
(4) Sites should be fully accessible to vehicular, non-motorized, and pedestrian traffic;
(5) Entryways into the development and sites should be articulated using landscaping
and other elements of design;
(6) Drive-thru service, may be provided, except for the service of alcohol products and
alcoholic beverages?;
(7) Development shall be designed to minimize potential adverse effects from lighting or
traffic on adjacent property;
(8) Utilitarian areas such as loading docks, mechanical equipment, storage areas and
trash enclosures shall be located at the rear of the building and screened; and
(9) Whenever possible, off-street parking should be dispersed throughout the site.
Parking regulations:
See section …..
Bufferyard regulations:
Whenever any development in this district is located adjacent to a different zoning district,
specifically residential, screening and a bufferyard shall be provided in accordance with …
C2, Highway Commercial District
Purpose
The highway commercial district is established to provide primarily for auto-dependent uses in
areas not amenable to easy pedestrian access and a comfortable pedestrian environment. This
district is intended for commercial uses which depend upon high visibility, generate high traffic
volumes, or cater to the traveling public. It is expected that the highway commercial district will
not only serve the City of Cape Girardeau, but interstate travelers as well. These characteristics
dictate that this district is located along or at the intersections of arterial classification streets or
along frontage roads adjacent to the interstate or other limited access streets. Because of the
scale and access requirements of the uses in this category, they are generally associated with, or
located along major transportation routes.
Permitted Uses
(1) Gasoline service stations, including service and repair of motor vehicles
(2) Restaurants, including drive thru
(3) Hotels
(4) Parks
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(5) Office
(6) Retail
(7) Athletic Clubs
(8) Day Care Facilities
(9) Funeral Homes and Moratoriums
(10) Medical Facilities
(11) Private intuitions of higher education
(12) Senior Citizen Housing, Nursing homes and retirement homes
(13) Commercial Day Care facility
(14) Microbrewery
(15) Mini warehouse or self storage units
(16) Kennel
Permitted Uses (Accessory)
(1) Accessory buildings and uses customarily incidental to the above uses
(2) Helicopter landing pad, heliport or other landing area in relationship with medical
facilities
(3) Telecommunication tower. The location of the telecommunication tower is subject
to the following conditions:
The applicant shall identify the location of the proposed tower(s) on a map
showing other tower locations within the City. If the proposed tower is
located within one mile of an existing tower(s), the applicant must submit
evidence demonstrating why the existing tower(s) is not suitable or available
for co-use.
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.
The design of the tower and accessory structures shall maximize the use of
buildings materials, colors, textures, screening and landscaping that
effectively blend the facilities within the surrounding natural settings and
environment.
The tower shall be set back from the right-of-way lone of any public street up to a
distance equal to the height of the tower.
Towers or antennas located on structures shall not extend more than thirty (30)
feet above the height of the tower.
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.
Any tower that is no longer in use for a telecommunication 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 and execute agreement to
ensure compliance 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.
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Special Uses
(1) Automobile washing businesses, including automatic, coin-operated, and moving-
line facilitates;
(2) Automobile service garages and service stations
(3) Towers and other wireless facilities, exceeding one-hundred (100) feet in height,
and related facilities, as per section ….
(4) Additional Height added to buildings
(5) Gasoline stations
(6) Campground facility
(7) Commercial amusement park
(8) Telecommunication tower. The location of the telecommunication tower is subject
to the following conditions:
(a) The applicant shall identify the location of the proposed tower(s) on a map
showing other tower locations within the City. If the proposed tower is
located within one mile of an existing tower(s), the applicant must submit
evidence demonstrating why the existing tower(s) is not suitable or available
for co-use.
(b) 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.
(c) The design of the tower and accessory structures shall maximize the use of
buildings materials, colors, textures, screening and landscaping that
effectively blend the facilities within the surrounding natural settings and
environment.
(d) The tower shall be set back from the right-of-way lone of any public street up
to a distance equal to the height of the tower.
(e) Towers or antennas located on structures shall not extend more than thirty
(30) feet above the height of the tower.
(f) 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.
(g) Any tower that is no longer in use for a telecommunication 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 and execute agreement to
ensure compliance 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.
Height, Area, Bulk and Setback Requirements
(1) Height: Five (5) stories, Buildings can exceed the maximum height and stories in the
C2 district upon a special use permit being granted under the provision of section ---,
provided the side yards are increased in depth in accordance with section ----
(2) Lot Area:
(3) Density:
(4) Lot width:
(5) Yard requirements:
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 12
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(a) Front yard: Twenty-five (25) feet, exclude canopies from structures that are
required to meet the provisions of this section relating to minimum depth of front
yard in feet in C1 and C2 areas. Where the area abuts an “R” district the front
yard requirements shall be those of the adjoining “R” district.
(b) Rear yard: None, except twenty-five (25) feet when abutting a residential
district
(c) Side yard: None, except twenty-five (25) feet when abutting a residential
district. No side yard requirement for nonresidential buildings except that on a
lot abutting a residential district there shall be a side yard of not less than five (5)
feet on the side of the lot abutting the residential district. Side yards for
dwellings shall be not less than five (5) feet.
(6) However, in no event may a structure be erected closer to the centerline of an
existing or planned street than as prescribed below, except as permitted by …
(7) Maximum Building coverage (including accessory buildings): eighty (80%) percent.
Open Space requirements
None, but landscape requirements from section …. must be met.
Design Requirements
(1) A site plan, meeting the requirements of section---, shall be submitted and
approved
(2) If required, a landscape plan, meeting the requirements of Section --- shall be
submitted and approved.
(3) All off street parking lots and vehicular uses areas shall be screened from all
residential uses in accordance with Section ---
(4) Refuse storage areas shall be screened from view in accordance with…
(5) Mechanical and electrical equipment, including air conditioning units, shall be
screened from view in accordance with …
(6) Lighting shall be designed to reflect away from any adjacent residential area and in
accordance with…
(7) Accessory buildings and structures shall meet the requirements of ….
Parking regulations:
See section …..
Bufferyard regulations:
Whenever any development in this district is located adjacent to a different zoning district,
specifically residential, screening and a bufferyard shall be provided in accordance with …
CX, Adult Entertainment Overlay District
Purpose
CX overlay district is intended for the use of adult entertainment uses.
Definitions
(1) Adult, as used in this section, means persons who have attained the age of at least
eighteen (18) years,
(2) Adult bookstore, means an establishment or business having as a predominant part
of its stock in trade, books, magazines, photographs, pictures and other periodicals
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 13
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which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to “specific sexual activities” or “specified anatomical areas”
and limited in sale of such sexual materials
(3) Adult motion picture theater, means an enclosed building with a capacity of two (2)
or more persons used predominantly for presenting material distinguished or
characterized by an emphasis on matters depicting, describing or relating to
“specified sexual activities” or “specified anatomical areas” for observation by
patrons therein.
(4) Area zoned for residential use, for purposes of this section, means an area which is
defined as district ---------
(5) Artist-body painting studio, means and establishment or business which provides the
services of applying paint or other substance whether transparent or nontransparent
to or on the human body when such body is wholly or partially nude.
(6) Bathhouse, means an establishment or business which provides the services of baths
of all kinds, including all forms and methods of hydrotherapy, unless operated by a
medical practitioner or professional physical therapist licensed by the state.
(7) Church, means a facility for religious use.
(8) Massage shop, means an establishment or business which provides the services of
massage and body manipulation including exercises, heat and light treatments of the
body, and all forms and methods of physiotherapy, unless operated by a medical
practitioner, professional physical therapist or massage therapist licensed by the
State of Missouri.
(9) Modeling studio, means and establishment or business which provides the service of
modeling for the purpose of reproducing the human body wholly or partially in the
nude by means of photography, painting, sketching, drawing or otherwise.
(10) Overlay zone, means a zone having boundaries conterminous with or
circumscribed by an existing district, which imposes additional limitations or
authorizes additional uses otherwise not required or permitted in the district.
(11)Owing property means for the purpose of this section, a present freehold or non-
freehold interest in real property.
(12) School, means for the purpose of this section, a public elementary, secondary, or
highs school or university or college; and private schools with curricula equivalent to
that of public elementary, secondary or high schools, or universities or colleges.
(13) Specified sexual activities means:
a. Human genitals in a state of sexual stimulation or arousal.
b. Acts of human masturbation, sexual intercourse or sodomy.
c. Fondling or other erotic touching of human genitals, pubic region, buttock or
female breast.
(14) Specified anatomical areas means:
a. Less than completely or opaquely covered:
i. Human genitals, pubic region,
ii. Buttocks,
iii. Female breast area below a point immediately above the top of the areola
b. Human male genitals in a discernible turgid state even if completely and
opaquely covered.
Uses regulated
Adult bookstores, adult motion picture theaters, bathhouses, massage shops, modeling studios
and artists-body painting studios, as herein defined shall be located only in district CX, as
established by the Council as “overlay zones” in districts -----------------
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 14
WORKING DRAFT #1
One-Thousand-Foot Distance Limitation Waiver
(1) No adult bookstores, adult motion picture theaters, bathhouses, massage shops,
modeling studios and artists-body painting studios, shall be established within one
thousand (1,000) feet of any church, school or area zoned for residential use
(2) Not more than two (2) of the uses regulated by this section may be located within one
thousand (1,000) feet of each other.
(3) The limitations set forth in subsections ---- and ---0f this section may be waived if
the person applying for the waiver shall file with the City planning and zoning
commission a petition which indicated approval of the proposed regulated use by
fifty-one (51) percent of the persons residing on or owing property within a radius of
the location of the proposed use. The City planning and zoning commission shall
adopt rules and regulations governing the procedures for the securing of the petition
of consent provided for in this section. The rules shall provide that the circulator of
the petition requesting a waiver shall subscribe to an affidavit attesting to the fact
that the petition was circulated in accordance with the rules of the City planning and
zoning commission and that the circulator personally witnessed the signatures on the
petition and that the same were affixed to the petition by the person whose name
appeared thereon. The City planning and zoning commission shall not consider the
waiver of locational requirements set forth hereinabove until the above described
petition shall have been filed and verified.
Public decency and morals ordinance not repealed
No provision of this section shall be construed to repeal or amend any other ordinance of the
City dealing with obscenity, pornography, lewdness, and any other ordinance relating to morals,
or any part thereof.
Manufacturing/Industrial Districts
M-1, Light Manufacturing/Industrial
Purpose
This district is intended primarily for uses engaged in light manufacturing, assembling, and
fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all
activities within a building with no external impact or effect. This district is intended to serve as
a transition between more intense industrial development and commercial, office, or multi-
family residential development. Areas zoned M1 are intended to be at least --- (--) acres in size.
Permitted Uses (Principle)
(1) Light manufacturing facilities
(2) Any establishment which provides supplies and/or services primarily to commercial
and industrial customers, such as janitorial services, sign shops, packaging or
shipping service, locksmith or printing, lithographing, engraving, photocopying,
blueprinting, publishing, electrical, heating, plumbing, and binding establishments
(3) Any manufacturing, production, processing cleaning, servicing, testing, repair or
storage of materials, goods or products, and business and sales offices accessory
there to.
(4) Athletic clubs, fitness centers, and indoor sports facilities
(5) Auctions sales, flea markets and swap meets
(6) Bakeries, wholesale
(7) Cemeteries
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 15
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(8) Day care centers in accordance with ---
(9) Funeral homes, mortuaries, and crematoriums
(10) Government buildings and uses
(11) Heavy machinery and equipment sales, rental and service
(12) Household resource recovery collection centers, screened from all residential
districts and public rights-of-ways in conformance with section ---
(13) Offices, administrative, business, finance and professional?
(14) Pest control services
(15) Public and private parks, playgrounds, and golf courses, including miniature golf
courses and driving ranges
(16) Public service and public utility uses as follow:
(a) Wireless facilities
(b) Water reservoirs, water standpipes, and elevated and ground-level water
storage tanks
(19) Recording studios
(20) Schools, industrial and business
(21) Self-service storage facilities
(22) Construction equipment storage yards
(23) Residential or outpatient facilities for substance abuse treatment not exceeding
twenty (20) persons, with the provisions of:
(a) Is isolated at least two thousand (2,000) feet from any other substance abuse
treatment facility, or two thousand (2,000) feet from any other emergency
shelter, soup kitchen transitional service shelter or community corrections
facility, as measured from property lines
(b) A plan of operation, including but not limited to: administration contact
information, patron access requirements, hours of operations and security
measures, is on file with the City of Cape Girardeau Planning Services office.
(24) Taxidermists
(25) Television and radio studios with transmitting facilities
(26) Veterinary clinics, animal hospitals, and kennels, with no outside activities
(27) Warehouses, storage and distribution centers
(28) Towers other than wireless facilities, less than one-hundred (100) feet in height,
and related facilities
(29) Automobile service garages including body and fender repair and paint shops
(30) Recycling centers
(31) Microbrewery
(32) Marina or dock
(33) Kennel
Permitted Uses (Accessory)
(1) Devices for the generation of energy, such as solar panels, wind-driven generators,
and similar devices
(2) Dwelling or lodging units, only for watchman, caretakers, or other personnel whose
residence is essential to the operation of a permitted or conditional use or uses.
(3) Accessory buildings and uses customarily incidental to the above uses
(4) Telecommunication tower. The location of the telecommunication tower is subject to
the following conditions:
(a) The applicant shall identify the location of the proposed tower(s) on a map
showing other tower locations within the City. If the proposed tower is located
within one mile of an existing tower(s), the applicant must submit evidence
demonstrating why the existing tower(s) is not suitable or available for co-use.
(b) 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
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 16
WORKING DRAFT #1
terms. The applicant shall provide a notarized statement as to the availability of
the tower for co-use.
(c) The design of the tower and accessory structures shall maximize the use of
buildings materials, colors, textures, screening and landscaping that effectively
blend the facilities within the surrounding natural settings and environment.
(d) The tower shall be set back from the right-of-way lone of any public street up to
a distance equal to the height of the tower.
(e) Towers or antennas located on structures shall not extend more than thirty (30)
feet above the height of the tower.
(f) 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.
(g) Any tower that is no longer in use for a telecommunication 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 and execute agreement to ensure
compliance 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.
Special Uses
The following may be permitted provided they meet the provisions of, and a Special Use Permits
is issued pursuant to section…. of this ordinance.
(1) Towers other than wireless facilities, exceeding one-hundred (100) feet in height, and
related facilities, in accordance with Section ---
(2) Emergency shelters, transitional service shelters for fifty (50) or fewer residents in
accordance with Subsection ---
(3) Motor freight terminals
(4) Bulk storage of flammable liquids for wholesale, subject to the provision of the City
and State Fire Codes.
(5) Junk yards and automobile wrecking yards
(6) Scrap and salvage yards,
(7) Single or double-wide, manufactured home or manufactured business units for office
purposes only.
(8) Excursion gambling boat or floating gambling facility with the following provisions:
a. Accessory uses directly connected, associated or linked with the operation of an
excursion gambling boat or floating facility shall be included with, and made a
part of, any special use permit issues therefore and shall also be within a “CBD”,
“M1”, or “M2” district, or combination thereof.
b. Accessory uses associated with an excursion gambling boat or floating facility
shall be include the following:
i. Boat support facilities
ii. Docking or mooring facilities
iii. Employee support facilities
iv. Ground transportation facilities
v. Passenger ticketing and reception facilities
vi. Parking facilities
vii. Security facilities
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 17
WORKING DRAFT #1
viii. Signs, including those attached to a building or floating facility, or
otherwise placed on the premises constituting an excursion gambling boat
or floating facility site.
c. Off-street parking, Off-street parking and loading facilities shall be provided as
specified in section --- of this chapter, except that the requirement for off-street
parking for an excursion boat or floating facility and its accessory uses shall be
one and one half (1 ½) spaces for every two (2) passengers, based on maximum
occupancy, plus one (1) space per employee on the maximum shift. In addition,
full size bus parking spaces shall be provided as required by the Planning and
Zoning Commission and City Council.
d. Site Development Plan. In applying for a special use permit under this section,
the developer(s) shall submit a formal site plan for review, which includes, but is
not limited to the following:
i. Maps and other graphics indicating the boundaries of the development
and all properties to be included, indicating whether such properties are
owned, leased, optioned, or proposed for such.
ii. The locations and general sizes of all buildings, structures, parking lots
and other facilities comprising the development, including data on size,
facilities, and occupancy limits of the planned excursion gambling boat or
floating facility, and accessory uses.
iii. Evidence that the development contains sufficient land to provide for any
necessary or proposed land-side development and support facilities,
including parking, and the development includes sufficient river frontage
to accommodate location and operation of the planned excursion
gambling boat or floating facility.
iv. An impact analysis including, but not limited to, expected access routes,
traffic volumes, peak hours of operation, needed road or street
improvements and traffic controls necessary to accommodate the
proposed uses and traffic volumes, and plans for on-site security and
disaster response.
(9)
Use Limitations
(1) All outdoor storage shall be at least one-hundred (100) feet of any residential district
boundary
(2) All Storage shall be within a fully enclosed building or in an open yard so screened
that the materials, products or equipment are not visible from the street or adjoining
property.
(3) All uses shall operate in accordance with the noise standards contained in section ---
(4) No building shall be used for residential purposes, except for night watchman or
caretaker employed on the premises shall be permitted.
(5) No use shall emit and odor that creates a nuisance as determined by ---
(6) Junk, scrap, salvage or automobile wrecking yards shall be located within five-
hundred (500) feet of any residential district.
Height, Area, Bulk and Setback Requirements:
(1) Height: Forty (40) feet, excluding silos, smoke stacks, dust collection systems,…
(2) Lot Area: None
(3) Density: None
(4) Lot width: None
(5) Yard requirements: (Additional bufferyard requirements may be required)
(d) Front yard: twenty-five (25) feet
(e) Rear yard: twenty-five (25) feet
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 18
WORKING DRAFT #1
(f) Side yard: none, except that 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.
(6) Maximum Building coverage: None
Open Space requirements
(1) Minimum open space, not less than fifteen (15) percent of the total lot area shall be
devoted to open space including required yards and bufferyards unless modified in
accordance with subsection------. Open space shall not include areas covered by
buildings, structures, parking, loading, streets and internal streets. Other paved areas
such as trails, sidewalks maybe included as open space. Open space shall contain
living ground cover and other landscaping materials.
(2) Landscape requirements from section …. must also be met.
Design Requirements
(1) A site plan, meeting the requirements of section---, shall be submitted and approved
(2) A landscape plan, meeting the requirements of Section --- shall be submitted and
approved.
(3) All off street parking lots and vehicular uses areas shall be screened from all
residential uses in accordance with Section ---
(4) Utilitarian areas, such as loading docks, mechanical equipment, storage areas, and
trash enclosures shall be located at the rear and side yard of the building and
screened.
(5) Refuse storage areas shall be screened from view in accordance with…
(6) Mechanical and electrical equipment, including air conditioning units, shall be
screened from view in accordance with …
(7) Lighting shall be designed to reflect away from any adjacent residential area and in
accordance with…
(8) Accessory buildings and structures shall meet the requirements of ….
Parking regulations
See section …. on parking
Bufferyard regulations:
Whenever any development in a M-1 is located adjacent to a different zoning district, specifically
residential, screening and a bufferyard shall be provided in accordance with …
M-2 Heavy Manufacturing/Industrial District
Purpose
This district is intended for heavy industrial uses and other uses not otherwise provided for in
the other industrial districts. The intensity of uses permitted in this district makes it necessary
to separate it from all residential districts whenever possible with good accessibility provided to
major rail, air facilities and highways. Areas zoned M2 are intended to be at least ------ acres in
size unless…..
Permitted Uses
(1) Manufacturing, fabrication, assembly, processing, or packaging of any commodity
except: facilities producing or processing explosives or flammable gases or liquids;
for animal slaughtering, meat packing, or rendering; sulphur plats, rubber
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 19
WORKING DRAFT #1
reclamation plants, , and steel mills, foundries, or smelters
(2) Any establishment which provides supplies and/or services primarily to commercial
and industrial customers, such as janitorial services, sign shops, packaging or
shipping service, locksmith or printing, lithographing, engraving, photocopying,
blueprinting, publishing, and binding establishments.
(3) Any manufacturing, production, procession, cleaning, servicing, testing, repair or
storage of materials, goods, products, and businesses and sales offices accessory
thereto.
(4) Athletic clubs, fitness centers, and indoor sports facilities
(5) Auction sales, flea markets, and swap meets
(6) Battery recycling and processing,
(7) Building materials supply stores,
(8) Bulk storage of flammable liquids for wholesale, subject to the provision of the City
and State Fire Codes
(9) Bus garages
(10) Central mixing plants for cement, asphalt, or paving material,
(11) The extraction of sand, gravel, and other raw materials requiring the removal of an
overburden above the deposit, provided, however, any bulk storage of extraction
material or over burden and any processing or extraction machinery or the open face
of any cut shall be at least ----- feet from property line.
(12) Feed stores
(13) Heavy machinery and equipment sales, rental and service
(14) Household resource recovery collection centers, screened from all residential
districts and public right-of-way in conformance with section ---- (non household
resource recovery collection centers are permitted),
(15) Junk yards and automobile wrecking yards, in accordance with Section ---
(16) Manufacturing and production of paying, roofing and other construction material,
using asphaltic and petroleum based coatings and preserving materials,
(17) Primary and secondary metal industries that manufacture, produce, smelt or refine
ferrous and non-ferrous metals,
(18) Recycling centers,
(19) Automobile service garages including body and fender repair and paint shops.
(20) Wastewater and water treatment facilities
(21) Terminals for trucks, buses, rail, and watercraft
(22) Marina or dock
Permitted Uses (Accessory)
(1) Devices for the generation of energy, such as solar panels, wind-driven generators,
and similar devices
(2) Dwelling or lodging units, only for watchman, caretakers, or other personnel whose
residence is essential to the operation of a permitted or conditional use or uses.
(3) Accessory buildings and uses customarily incidental to the above uses
Special Use
The following special uses may be permitted provided they meet the provisions of, and a special
use permit is issued pursuant to, Section….
(1) Collection and transfer facilities for hazardous wastes, solid wastes that contain
hazardous substances from off-site sources and radioactive substances.
(2) Jails, prisons or detention facilities in accordance with Section…
(3) Quarries and mining operations. Quarries existing at the effective date of this
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 20
WORKING DRAFT #1
ordinance shall only be required to apply for a special use permit if the property is
enlarged at the use is expanded onto the new property.
(4) Single or double-wide, manufactured home or manufactured business units for office
purposes only
(5) Excursion gambling boat or floating gambling facility with the following provisions:
a. Accessory uses directly connected, associated or linked with the operation of
an excursion gambling boat or floating facility shall be included with, and
made a part of, any special use permit issues therefore and shall also be
within a “CBD”, “M1”, or “M2” district, or combination thereof.
b. Accessory uses associated with an excursion gambling boat or floating facility
shall be include the following:
i. Boat support facilities
ii. Docking or mooring facilities
iii. Employee support facilities
iv. Ground transportation facilities
v. Passenger ticketing and reception facilities
vi. Parking facilities
vii. Security facilities
viii. Signs, including those attached to a building or floating facility, or
otherwise placed on the premises constituting an excursion gambling
boat or floating facility site.
c. Off-street parking, Off-street parking and loading facilities shall be provided
as specified in section --- of this chapter, except that the requirement for off-
street parking for an excursion boat or floating facility and its accessory uses
shall be one and one half (1 ½) spaces for every two (2) passengers, based on
maximum occupancy, plus one (1) space per employee on the maximum shift.
In addition, full size bus parking spaces shall be provided as required by the
Planning and Zoning Commission and City Council.
d. Site Development Plan. In applying for a special use permit under this
section, the developer(s) shall submit a formal site plan for review, which
includes, but is not limited to the following:
i. Maps and other graphics indicating the boundaries of the
development and all properties to be included, indicating whether
such properties are owned, leased, optioned, or proposed for such.
ii. The locations and general sizes of all buildings, structures, parking
lots and other facilities comprising the development, including data
on size, facilities, and occupancy limits of the planned excursion
gambling boat or floating facility, and accessory uses.
iii. Evidence that the development contains sufficient land to provide for
any necessary or proposed land-side development and support
facilities, including parking, and the development includes sufficient
river frontage to accommodate location and operation of the planned
excursion gambling boat or floating facility.
iv. An impact analysis including, but not limited to, expected access
routes, traffic volumes, peak hours of operation, needed road or street
improvements and traffic controls necessary to accommodate the
proposed uses and traffic volumes, and plans for on-site security and
disaster response.
(6) Telecommunication tower. The location of the telecommunication tower is subject to
the following conditions:
a. The applicant shall identify the location of the proposed tower(s) on a map
showing other tower locations within the City. If the proposed tower is
located within one mile of an existing tower(s), the applicant must submit
evidence demonstrating why the existing tower(s) is not suitable or available
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 21
WORKING DRAFT #1
for co-use.
b. 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.
c. The design of the tower and accessory structures shall maximize the use of
buildings materials, colors, textures, screening and landscaping that
effectively blend the facilities within the surrounding natural settings and
environment.
d. The tower shall be set back from the right-of-way lone of any public street up
to a distance equal to the height of the tower.
e. Towers or antennas located on structures shall not extend more than thirty
(30) feet above the height of the tower.
f. 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.
g. Any tower that is no longer in use for a telecommunication 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 and execute agreement to
ensure compliance 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.
Use limitations
(1) No building shall be used for residential purposes, except as stated in permitted uses
accessory section ----
(2) No junk, scrap salvage, or automobile wrecking yard shall be located within five-
hundred (500) feet of any residential development.
(3) All uses shall operate in accordance with the noise standards contained in Section…
(4) No use shall emit an order that creates a nuisance as determined by ….
Height, Area, Bulk and Setback Requirements:
(1) Height: Currently (50) feet
(2) Lot Area: None
(3) Density: None
(4) Lot width: None
(5) Yard requirements: (Additional bufferyard requirements may be required)
(a) Front yard: twenty-five (25)
(b) Rear yard: twenty-five (25) feet
(c) Side yard: None, except that on a lot abutting a residential district there shall be
a side yard of not less than twenty (20) feet on the side of the lot abutting the
residential district.
(6) Maximum Building coverage: None
Open Space requirements
(1) Minimum open space, not less than fifteen (15) percent of the total lot area shall be
devoted to open space including required yards and bufferyards unless modified in
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 22
WORKING DRAFT #1
accordance with subsection------. Open space shall not include areas covered by
buildings, structures, parking, loading, streets and internal streets. Other paved areas
such as trails, sidewalks maybe included as open space. Open space shall contain living
ground cover and other landscaping materials.
(2) Landscape requirements from section …. must also be met.
Design Requirements
(1) A site plan, meeting the requirements of section---, shall be submitted and approved
(2) A landscape plan, meeting the requirements of Section --- shall be submitted and
approved.
(3) All off street parking lots and vehicular uses areas shall be screened from all
residential uses in accordance with Section ---
(4) Refuse storage areas shall be screened from view in accordance with…
(5) Mechanical and electrical equipment, including air conditioning units, shall be
screened from view in accordance with …
(6) Lighting shall be designed to reflect away from any adjacent residential area and in
accordance with…
(7) Accessory buildings and structures shall meet the requirements of ….
Parking regulations
See section …. on parking
Bufferyard regulations:
Whenever any development in an M-1 is located adjacent to a different zoning district,
specifically residential, screening and a bufferyard shall be provided in accordance with …
CITY OF CAPE GIRARDEAU- COMMERCIAL AND INDUSTRIAL ZONING UPDATE 23
WORKING DRAFT #1
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