This chapter is adopted under the authority granted by RSMo. 89.010—89.491. In enacting this chapter for the zoning and development of land, the city is exercising its constitutional home rule power pursuant to article VI, section 19(a) of the constitution of the state, including, but not limited to, the authority granted in article II of the Charter of the city; and all other powers derived from the constitution and the laws of the state, including those powers explicitly granted by and necessarily implied by RSMo. ch. 89.

(Code 1990, § 30-101; Ord. No. 4109, art. 2, 3-1-2010)

This chapter is adopted in order to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residential or other purposes by dividing the city into residential, commercial, industrial, and other districts, each with their own regulations and restrictions with respect to the use and development of land with the city; to regulate and restrict the height, number of stories, size, bulk of buildings and other structures; to restrict the percentage of a lot that may be occupied by buildings or structures; to require setbacks from highways and streets; to specify the size of yards and open space and the spacing of buildings and structures; to regulate the density of population; to conserve and protect the value and economic use of property within the city; to preserve buildings and structures and features thereof, that have historical significance; and to prevent or ameliorate traffic congestion.

(Code 1990, § 30-103; Ord. No. 4109, art. 2, 3-1-2010)

The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety and general welfare of the city and shall be construed in favor of the city and shall not be deemed a limitation of any power granted by RSMo. ch. 89.

(Code 1990, § 30-104; Ord. No. 4109, art. 2, 3-1-2010)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a thoroughfare which affords only a secondary means of access to abutting property.

Alteration means any act or process changing one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

Animal feeding operation (AFO) means an animal feeding operation (AFO) as defined by the U.S. Environmental Protection Agency.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications radiating or capturing electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. The term "antenna" shall exclude any receive-only home television antenna.

Bed and breakfast means an owner-occupied, single-family detached dwelling containing one or more rooms offered to overnight guests, whose paid accommodations include breakfast.

Bedroom means a sleeping room as defined in section 7-243.

Board of adjustment means the board established pursuant to section 30-30.

Bufferyard means a landscaped or naturally vegetated area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another, and to mitigate light, noise, or other nuisances.

Building means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or objects.

Building coverage means the aggregate area of the footprints of all buildings on a lot, divided by the lot area.

Building height means the vertical distance from the average grade to the highest point of the coping of a flat roof, or to the deckline of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, excluding elevator shafts and equipment.

Canopy means a covering, usually of fabric, attached to and supported by a wall and/or a set of poles or posts, which is open on at least three sides.

Carport means a roofed structure providing space for the parking of vehicles which is open on at least two sides.

Certificate of appropriateness means a certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal, or demolition affecting any exterior architectural feature of a local historic district or landmark.

Cluster subdivision means a development design technique concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

Commercial recreation facility means a commercial facility providing, as a main source of revenue, one or more recreation activities such as billiards, bowling, miniature golf, video games, bouncing on trampolines or inflatable surfaces, or other activities of a similar nature. The term "commercial recreation facility" shall not include an amusement park, casino or other gambling facility, or venue of a sporting event.

Concentrated animal feeding operation (CAFO) means a concentrated animal feeding operation (CAFO) as defined by the U.S. Environmental Protection Agency.

Construction means the act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.

Conversion means the alteration or adaptive reuse of a structure to accommodate uses for which it was not originally designed or constructed. Examples include, but are not limited to, converting a warehouse into a restaurant, or converting an office building into residential apartments.

Day care, commercial, means a nonresidential building, in which care is provided for people who cannot be fully independent, such as children or elderly people, for only part of the day.

Day care, home, means an owner-occupied dwelling, in which care is provided for people who cannot be fully independent, such as children or elderly people, for only part of the day.

Demolition means destruction or removal of a structure or a part thereof. As it pertains to historic landmarks and districts, the term "demolition" shall also include any act or process which affirmatively destroys, in part or in whole, a landmark or a structure within a historic district, or which affirmatively threatens to destroy a landmark or a structure within a historic district.

Density means the number of dwelling units per acre.

Designation, historic, means the identification and registration of properties meeting the criteria established by the city or the state for the preservation of significant historic and prehistoric resources within the city.

District means a section of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dock means the location in the city authorized under RSMo. 313.800 et seq., where an excursion gambling boat moors for the purpose of embarking passengers for and disembarking passengers from a gambling excursion; or where an excursion gambling boat is continuously docked; or where a floating facility for gambling purposes is more or less continuously moored; or where pleasure or fishing boats are moored for any period of time.

Drive-through facility means a facility consisting of at least one ordering window or station with a designated lane, providing goods or services to customers while in their vehicles without having to park.

Duplex. See Dwelling, two-family.

Dwelling means any building or portion thereof which is designed and used exclusively for residential purposes.

Dwelling, multifamily, means a building having accommodations for and occupied exclusively by more than two families with no more than two unrelated persons per bedroom.

Dwelling, single-family, means a building having accommodations for and occupied exclusively by one family.

Dwelling, two-family, means a building having accommodations for and occupied by two families.

Excursion gambling boat orfloating gambling facility means a boat, ferry, barge, or similar structure licensed by the state gaming commission on which gambling games are allowed.

Exterior architectural appearance means the architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material, and the type, design and character of all windows, doors, light fixtures, and signs.

Family means:

(1)

One or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two domestic servants;

(2)

Three or fewer unrelated persons, including any domestic servants, living as a single housekeeping unit; or

(3)

Two unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two domestic servants, living as a single housekeeping unit.

The term "family" shall not be construed to mean a fraternity, sorority, club or institutional group.

Farming activity means any activity directly associated with the growing and harvesting of crops or the raising of livestock. The term "farming activity" shall not include a commercial feedlot, stockyard or other confinement operation, or commercial slaughterhouse.

Fence means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Floor area ratio (FAR) means the gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are located.

Foster home means a private dwelling licensed by the state to provide foster care to seven or fewer children who are not related to the foster parents by blood, marriage, or adoption.

Freight terminal means a centralized facility for the mass loading and unloading of freight to and from trucks, railcars, barges, aircraft, or other freight transportation systems.

Frontage means a side of a lot or structure contiguous to or directly facing a street.

Funeral home means an establishment in which deceased bodies are prepared for burial or cremation and in which wakes and funerals may be held.

Gambling excursion means the time during which gambling games may be operated on an excursion gambling boat or floating facility whether docked or during a cruise.

Garage, private, means an accessory building or part thereof, or a portion of a main building, designed or used for the storage of vehicles used by the occupants of the property.

Governmental facility means a facility operated by or for a governmental entity.

Guest house means an accessory structure located on a lot with a single-family detached dwelling and which has been designed or constructed, originally or by alteration, so that it may be used as a dwelling by guests of the lot owner.

Heavy manufacturing and industrial facility means a facility engaging in one or more of the following activities: the manufacture of large or heavy articles; or the extraction, processing, or bulk storage of raw or hazardous materials. The term "heavy manufacturing and industrial facility" shall not include a foundry, smelter, steel mill, sulfur plant, rubber reclamation plant, commercial slaughterhouse, meat packing or rendering facility, or any facility producing or processing explosives or flammable gases or liquids.

Historic district, local, means an area designated as a local historic district by ordinance of the city council.

Historic landmark, local, means a property or structure designated as a "local historic landmark" by ordinance of the city council.

Hobby farm means a small farm operated for pleasure rather than for income.

Home occupation means any commercial activity, whether or not for financial gain, conducted in or directed from a residential dwelling unit by one or more family members residing within that dwelling unit.

Home for physically, mentally, or developmentally disabled people means a dwelling occupied by eight or fewer physically, mentally, or developmentally disabled people, with up to two additional people acting as house parents or guardians who need not be related to each other or any of the residents.

Hospital means a facility providing emergency or inpatient medical care for sick or injured people.

Hotel means any structure, or building, under one management, which contains rooms furnished for the accommodation or lodging of guests, with or without meals being provided, and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests.

Infill development means new construction on vacant or underutilized parcels of land, or clearance and redevelopment to replace dilapidated or deteriorated structures.

Kennel means an establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business, or by a not-for-profit organization.

Light manufacturing and industrial facility means a facility manufacturing small or light articles. The term "light manufacturing and industrial facility" shall not include any facility engaging in the extraction, processing, or bulk storage of raw or hazardous materials, or any of the following: foundry, smelter, steel mill, sulfur plant, rubber reclamation plant, commercial slaughterhouse, meat packing or rendering facility, or any facility producing or processing explosives or flammable gases or liquids.

Loading space means an off-street space used for the transient parking of vehicles while loading or unloading materials, products, or supplies.

Lot means a tract of land having its own distinct metes and bounds legal description as part of a deed of record, or platted as a lot as part of a subdivision of record.

Lot area means the horizontal surface area of the land within a lot boundary.

Lot, corner, means a lot abutting two or more intersecting streets.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, flag, means a lot which is recessed and situated behind another lot except for a narrow portion extending to a street.

Lot, interior, means a lot abutting no more than one street.

Lot line means a line representing the boundary of a lot on one side.

Lot line, front, means a lot line which is contiguous to, or located in, a street.

Lot line, rear, means a lot line which is opposite a front lot line or, in the case of a corner lot, opposite the shortest front lot line.

Lot line, side, means a lot line which is neither a front lot line nor a rear lot line.

Lot of record means a lot which is part of a subdivision, the plat of which was recorded in the office of the county recorder; or a tract of land, the deed to which was recorded in the office of the county recorder, prior to the original adoption of this ordinance on December 20, 1967.

Lot, through, means a lot abutting two or more non-intersecting streets.

Lot width means the horizontal distance between two lot lines as measured at the front yard setback line.

Manufactured business unit (mobile business unit) means a factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, contains 320 or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used for nonresidential purposes with or without a permanent foundation, and which may be moved from time to time. Manufactured business units (mobile business units) are those factory-built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Acts, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the state public service commission. This term shall also include units defined as above if such units are in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components capable of repeated towing and includes two or more manufactured business units joined into a single business unit which are kept on separate chassis for repeated towing.

Manufactured home (mobile home) means a factory built structure or structures which, in traveling mode, is eight body feet or more in width or 40 body feet in length, or, when erected on-site, contains 320 or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation, and which may be moved from time to time. Manufactured homes (mobile homes) are those factory-built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the Missouri Public Service Commission. This term shall also include units defined as above if such units are in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components capable of repeated towing and includes two or more manufactured home units joined into a single residential unit which are kept on separate chassis for repeated towing.

Manufactured home (mobile home) park means a parcel of land which has been developed for the placement of more than one manufactured home (mobile home).

Microbrewery means a business whose primary activity is the brewing and selling of beer, with an annual production of 10,000 barrels or less (one barrel of beer yields two common 15½-gallon kegs).

Mortuary means a place where deceased bodies are kept before burial or cremation.

Motel. See Hotel.

Noncommercial neighborhood facility means a private, noncommercial facility primarily serving the neighborhood in which it is located, such as a swimming pool, tennis court, playground, office for a neighborhood or property owners association, or maintenance building.

Nursing home means a facility providing full-time residential accommodations and professional health care for three or more elderly or infirm people. The term "nursing home" shall not include a hospital.

Of record means recorded in the office of the county recorder for the county in which the property is located.

Office means a building or portion thereof used as a workplace primarily for business or administrative purposes. The term "office" shall not include any establishment primarily engaging in the handling of goods or any of the following activities: recreation, entertainment, eating, drinking, boarding of people or animals, or salon or spa services.

Open space means any space on a lot unobstructed to the sky except for ordinary architectural projections, such as cornices and eaves. The term "open space" shall not include any area covered by a building, deck, porch, parking area, driveway, street, or any impervious surface, other than a sidewalk or trail.

Owner of record means the person, corporation or other legal entity listed as owner on the records of the county recorder of deeds.

Parking lot means an unenclosed area used for the transient parking of vehicles.

Personal service establishment means an establishment providing a service to a person, such as a barber shop, hair salon, nail salon, beauty or health spa, laundering or dry cleaning business, laundromat, tailoring business, small appliance or personal device repair business, packaging or shipping business, or other establishment of a similar nature. The term "personal service establishment" shall not include any establishment primarily engaging in the sale or rental of goods, such as restaurants, bars, and retail and rental establishments.

Porch means a roofed structure attached to a building and open on at least two sides. A screened-in porch shall not be considered open.

Property means a lot or group of contiguous lots having the same ownership.

Recreational vehicle means a recreational motor vehicle as defined by RSMo. 301.010 or any vehicle or trailer as defined by RSMo. 301.010 which is designed, constructed, or substantially modified so that it may be used for the purposes of temporary housing quarters.

Rehabilitation means returning a structure to a state of usefulness by replacement and alteration designed to encourage its continued usage while preserving exterior features of significant value. Examples include reconstruction of a porch, or removal and replacement of windows and doors.

Renovation means refurbishing a structure so it conforms to minimum standards of sanitation, fire, and life safety, while preserving exterior features of significant value.

Repair means any change that is not construction, removal or alteration.

Residential treatment facility means a facility providing full-time residential accommodations and professional therapeutic care for people with substance abuse, mental illness, or other behavioral problems.

Restaurant means an establishment where food and/or beverages are prepared and served directly to customers for consumption on or off the premises.

Screening means a device or material used to conceal one element of a development from other elements or from adjacent or contiguous development. The term "screening" may include one or a combination of the following materials of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition: walls, berms, fences, or plantings.

Senior citizen means an individual over the age of 60 years.

Setback means a distance from a street line or lot line within which principal and accessory structures are prohibited.

Shipping container means an intermodal freight container or other large container, in whole or in part, designed and manufactured for the reusable storage and transport of materials and products across different modes of transportation, from ship to rail to truck, without unloading and reloading its cargo.

Significant property means a property meeting the Secretary of the Interior's standards for evaluating properties for historic registration or designation.

Site plan means a drawing illustrating a proposed development and prepared in accordance with the specifications outlined in chapter 25.

Stop work order means an order issued by the city manager directing an owner, occupant, contractor or subcontractor to halt an action for which a certificate of appropriateness is required, and notifying the owner, occupant, contractor or subcontractor of the application process for a certificate of appropriateness.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60 percent of the floor area is finished off for use.

Street means all land dedicated for public or private street, highway, freeway or roadway purposes or subject to public or private easement therefor. The term "street" shall not include an alley.

Street, arterial, means a street or road of considerable continuity which serves or is intended to serve as a principal trafficway between separate areas or districts and which is the main means of access to the collector street system, highways, and expressways.

Street, collector, means a street which, in addition to servicing abutting properties, intercepts local streets, connects with community facilities, and carries neighborhood traffic to the arterial street systems.

Street line means a dividing line between a lot and a contiguous street.

Street, local, means a street designated to provide access to abutting property from collector and arterial streets.

Street, private, means a street which is privately owned and affords a primary means of access to abutting property.

Street, public, means a street dedicated to the public or held in fee simple title by the city which affords a primary means of access to abutting property.

Street width means the horizontal distance between the outside edges of a street's pavement, including any curbing and guttering, measured at right angles to the street's centerline.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

Structure means anything constructed or erected, the use of which requires permanent location on or in the ground or attached to something having permanent location on the ground, including, but without limiting the generality of the foregoing: buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers, and swimming pools.

Structure, accessory, means a detached subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use, and which is greater than 150 square feet in size.

Structure, contributing, means a structure which, by location, design, setting, materials, workmanship, feeling, or association, adds to a site's or district's sense of time and place or historical development.

Structure, noncontributing, means a structure which detracts from a site's or district's sense of time and place or historical development; or a structure that has lost the integrity of its original design or individual architectural features; or a structure that cannot be feasibly rehabilitated due to extensive physical deterioration or structural damage.

Structure, principal, means a main or primary structure on a lot.

Subdivision means the division of a parcel of land into two or more lots, or other divisions of land.

Telecommunication tower means a structure designed and constructed for the support of one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term "telecommunications tower" shall include radio, television and transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like, either constructed from the ground or located on top of a building. The term "telecommunications tower" shall not include any tower or antenna under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. The height of the tower is defined as the distance measured from the lowest point of the base of the tower structure to the highest point on the tower, including the base pad when constructed from the ground and any antennas. The term "telecommunications tower" shall also not include supervisory control and data acquisition (SCADA) antennas installed and operated by units of government.

Townhouse means a single-family dwelling constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and has open space on at least two sides.

Transit terminal means a station or similar facility serving as the terminus of a bus, rail, or other transit route and having accommodations for the loading and unloading of passengers.

Transitional housing means a facility providing lodging to homeless people, with or without meals, for no more than 30 consecutive days.

Use means a use of land.

Use, accessory, means a subordinate use which is incidental to and customary in connection with the principal building or use, and is located on the same lot with such principal building or use.

Use, agricultural, means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce. The operation of any such accessory uses shall be secondary to normal agricultural activities.

Use, nonconforming, means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this chapter is derived or amendment thereto, which does not conform after the passage of this chapter or amendment thereto with the use regulations of the district in which it is situated.

Use, permitted, means a use permitted by right, or a special use.

Use permitted by right means a use of land which is permitted in a particular zoning district, without a special use permit.

Use, principal, means a main or primary use of land.

Use, special, means a use of land not permitted by right in a particular zoning district, but permitted upon approval of a special use permit in accordance with section 30-104.

Vehicle fueling facility means a facility dispensing gasoline, diesel, or other fuel to motor vehicles.

Vehicle service or repair facility means a facility equipping, lubricating, servicing or repairing motor vehicles, including the installation of parts and accessories; the rebuilding, replacing and the installing of motors, transmissions, drive trains, exhaust systems, upholstery, brakes, radiators, and similar components. The term "vehicle service" or "repair service" shall not include the dismantling or extended storage of wrecked vehicles, nor tire recapping, nor vehicle body work or painting, nor the open storage of rental vehicles or trailers.

Yard means any portion of a lot not occupied by a principal structure.

Yard, front, means a yard extending along the frontage of a lot, and being the minimum horizontal distance between the street line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, the term "yard, front," means the area between the street line and the front setback line.

Yard, rear, means a yard which is opposite a front yard or, in the case of a corner lot, opposite the front yard having the shortest frontage, and being the minimum horizontal distance between the rear lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, the term "yard, rear," means the area between the rear lot line and the rear setback line.

Yard, side, means a yard which is neither a front yard nor a rear yard, and being the minimum horizontal distance between the side lot line and the nearest principal structure or any projections thereof other than the ordinary projection of unenclosed features such as steps, balconies, porches, or decks. In the case of a lot without a principal structure, the term "yard, side," means the area between the side lot line and the side setback line.

(Code 1990, § 30-105; Ord. No. 5170, art. 1, 4-15-2019)