[R.O. 2010 §400.420; CC 1970 §33-30; Ord. No. 1305 Art. 7 §2, 4-24-1963; Ord.
No. 1334 §1, 3-30-1964; Ord. No. 1358 §1, 4-27-1965; Ord.
No. 1390 §1, 4-26-1966; Ord. No. 1393 §B, 6-10-1966; Ord.
No. 1481 §2, 1-16-1970; Ord. No. 8-72 §§1 —
2, 6-13-1972; Ord No. 18-90 §1, 12-3-90; Ord. No. 6-92 §2, 7-6-1992; Ord.
No. 04-01 §§2 — 3, 3-19-2001]
A.
No
building or premises in a "C-2" District shall be used and no building
shall hereafter be erected or altered, unless otherwise provided in
this Chapter, except for one (1) or more of the following uses:
2.
An establishment for the sale or furnishing of service at retail
where such service is performed inside a building in the district
and which service does not:
a.
Create a nuisance.
b.
Cause excessive noise.
c.
Cause offensive or obnoxious odors.
d.
Involve any manufacturing or fabricating of materials either plastic
or metal.
e.
Involve the performance of services or repairs on an automobile or
other motor propelled vehicle.
f.
Cause any fire hazard.
g.
Be of the general character or nature of industrial services or use.
3.
Restaurant or snack bar.
4.
Store for the conduct of selling products in a retail business within
a store building, except for the following which are prohibited:
a.
Liquor stores.
b.
Places conducted for the purpose of the sale of intoxicating liquors
and beverages by the drink.
d.
Gasoline and oil sales and service agencies and filling stations.
e.
Drive-in restaurants or any drive-in establishment selling food or
drink products.
f.
Any establishment, other than a restaurant, selling prepared food,
confections or drink intended for immediate consumption.
5.
The following uses shall not be permitted in the "C-2" Commercial
District as a matter of right but may be allowed by special permit
by ordinance enacted by the Board of Aldermen.
a.
Operation of a new car dealership by a new car agency enfranchised
by the manufacturer of such cars, and in conjunction therewith a repair
garage, body and paint shop and an outdoor new and used car sales
and display lot; provided, that such used car business is owned and
operated by the enfranchised new car dealer and not otherwise.
b.
Operation of a facility for the residential or outpatient treatment
of alcohol and/or other drug abuse may be located as a special use,
if the facility meets all of the following conditions:
(1)
If a residential facility, not more than one (1) person per
fifty (50) square feet of bedroom space residing in the building at
one (1) time.
(2)
The exterior appearance of the treatment facility shall reasonably
conform to the exterior appearance of other buildings in the vicinity.
(3)
A treatment facility shall not be located closer than one thousand
(1,000) feet to any other substance abuse treatment facility.
(4)
Written notification of the proposed placement of the facility
to the owner or owners of property located within one hundred eighty-five
(185) feet of the property on which the treatment facility is located.
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The Board of Aldermen may, in its discretion, require that a
public hearing be held before granting such permit. Before such use
permit can be issued by the Board of Aldermen it must first determine
that such use will not:
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a.
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Substantially increase traffic hazards or congestion.
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b.
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Substantially increase fire hazards.
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c.
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Adversely affect the character of the neighborhood.
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d.
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Adversely affect the general welfare of the community.
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e.
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Overtax public utilities.
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If the Board's findings shall be negative as to all such requirements
in subparagraphs (a) to (e), then such permit shall be granted with
such restrictions and conditions as may be necessary to reasonably
insure that the operation of the business for such use will not in
the future violate subparagraphs (a) to (e), and to insure that such
operation of such business shall not create a nuisance, or any undue
noise, smoke, noxious odors, light or dirt, or other conditions that
adversely affect the character of the adjacent neighborhood, or affect
the value and enjoyment of the adjacent residential district.
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Any automobile agency presently operating in this district under
non-conforming use regulations shall be allowed to apply to the Board
of Aldermen for a special use permit as herein provided for and if
such permit is issued for such operation, such permit shall permit
the use of "C-2" District area added to the "C-2" District after such
use first became a non-conforming use, but not otherwise.
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c.
Operation of a comprehensive marijuana dispensary, microbusiness
dispensary, medical marijuana dispensary or marijuana testing facility
may be located as a special use, if the facility meets the following
specific standards:
[Ord. No. 12-19, 8-5-2019; Ord.
No. 10-23, 3-6-2023]
(1)
No such use shall be sited within one thousand (1,000) feet
of any then-existing elementary or secondary school, child day care
center, or house of worship.
(2)
No comprehensive marijuana dispensary, microbusiness dispensary,
medical dispensary facility or marijuana testing facility shall be
located within one thousand (1,000) feet of another comprehensive
marijuana dispensary, microbusiness dispensary, microbusiness wholesale
facility, comprehensive marijuana cultivation facility, comprehensive
marijuana-infused products manufacturing facility, medical marijuana
cultivation facility, medical marijuana dispensary facility, medical
marijuana-infused products manufacturing facility, or marijuana testing
facility.
(3)
Marijuana dispensing and testing activities and operations shall
occur only within an enclosed building. No outdoor storage shall be
permitted on the property.
(4)
All structures used for dispensing and testing activities shall
be equipped with odor control filtration and ventilation systems such
that the odors of marijuana cannot be detected from outside the structure.
An odor mitigation plan shall be submitted to the City prior to consideration
of the issuance of a special use permit.
(5)
Any person or entity licensed by the State of Missouri for a medical marijuana dispensary facility or medical marijuana testing facility shall be in compliance with the requirements of the license at all times, and any failure of compliance shall be a violation of this Section, punishable upon conviction as provided in Section 100.070 of this Code. In addition, such non-compliance may be evidence of the existence of a public nuisance, which may be acted upon as provided in Chapter 220 of this Code.
(6)
The one thousand (1,000) feet distance referenced in this Subsection
shall be measured as follows:
(a)
In the case of a freestanding facility, the distance between
the facility and a school, day care, house of worship, or another
medical marijuana-related facility shall be measured from the external
wall of the facility structure closest in proximity to the school,
day care, house of worship, or another medical marijuana-related facility
to the closest point of the property line of the school, day care,
house of worship, or another medical marijuana-related facility. If
the school, day care, house of worship, or another medical marijuana-related
facility is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, house of worship, or another medical marijuana-related
facility closest in proximity to the facility.
(b)
In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the school, day care, house of worship, or another medical
marijuana-related facility shall be measured from the property line
of the school, day care, house of worship, or another medical marijuana-related
facility to the facility’s entrance or exit closest in proximity
to the school, day care, or church. If the school, day care, house
of worship, or another medical marijuana-related facility is part
of a larger structure, such as an office building or strip mall, the
distance shall be measured to the entrance or exit of the school,
day care, house of worship, or another medical marijuana-related facility
closest in proximity to the facility.
(c)
Measurements shall be made along the shortest path between the
demarcation points that can be lawfully traveled by foot.
6.
If any restaurant desires to conduct an outdoor dining area, it must
first make written application for and receive a special use permit
from the Board of Aldermen. Such written application shall contain
a scale drawing of the area intended for outdoor dining, a raised
drawing of the appearance if any enclosure is to be provided, the
number of tables to be located therein, the square feet of such area,
the number of diners to be served, the hours of operation requested,
the assurance that such service to tables and clearing of tables would
be provided by employees of the restaurant and that food would be
served on china plates and drinks would be served in china cups or
glass containers. The floor area of such outdoor space shall be considered
floor area and shall be included in the calculation of parking area.
Any application for a special use permit shall be accompanied by a
fee of fifty dollars ($50.00) and shall first be assigned, by the
Board of Aldermen, to the Plan Commission for its consideration. They
shall make a report within thirty (30) days. The Board of Aldermen
shall then hold a public hearing on such permit, first giving a fifteen
(15) day notice of such hearing in a paper of general circulation
in the City of Glendale. Before such permit shall be granted, the
Board of Aldermen must first determine that such use will not:
a.
Substantially increase traffic hazards or congestion.
b.
Substantially increase fire hazards.
c.
Adversely affect the character of the neighborhood, including the
use and enjoyment of adjoining residential uses.
d.
Adversely affect the general welfare of the community.
e.
Overtax public utilities.
[R.O. 2010 §400.430; CC 1970 §33-31; Ord. No. 1305 Art. 7 §3, 4-24-1963]
No building in a "C-2" District shall exceed thirty-five (35)
feet.
[R.O. 2010 §400.440; CC 1970 §33-32; Ord. No. 1305 Art. 7 §4, 4-24-1963]
There shall be a rear yard in a "C-2" District having a minimum
depth of fifty (50) feet in that portion of the "C-2" zone which has
a depth of two hundred fifty (250) feet south of Manchester Road and
a rear yard having a minimum depth of thirty (30) feet in that portion
of the "C-2" District which has a maximum depth of one hundred seventy-five
(175) feet south of Manchester Road. There shall be a rear yard having
a minimum depth of twenty-five (25) feet in that portion of the "C-2"
District which has a maximum depth of one hundred twenty feet (120)
south of Manchester Road. Any property in this zone abutting any residential
property shall have either a wall or fence along the rear of such
lot or a screening belt ten (10) feet in width along the rear of the
lot which shall be planted with trees and shrubbery. Such wall or
fence or planted belt shall provide a screen of such height and character
as is necessary to screen the commercial usage from such residential
area; the plans for such screening shall be submitted to the Plan
Commission for its advice and must be approved by the Board of Aldermen
in accordance with the provisions of this Chapter before such property
can be used for such purposes. No structures or buildings of any kind
shall be erected in such rear yard.
[R.O. 2010 §400.450; CC 1970 §33-33; Ord. No. 1305 Art. 7 §5, 4-24-1963]
There shall be a side yard in a "C-2" District of not less than
ten (10) feet.
[R.O. 2010 §400.460; CC 1970 §33-34; Ord. No. 1305 Art. 7 §6, 4-24-1963]
There shall be a front yard in a "C-2" District of not less
than thirty-five (35) feet. Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of such corner lot of not less than thirty-five (35) feet. No
main building or accessory building shall project beyond the front
yard line on either side.
[R.O. 2010 §400.470; CC 1970 §33-35; Ord. No. 1305 Art. 7 §7, 4-24-1963]
No parcel, tract or lot shall hereafter be built on unless it
shall have a lot area in the "C-2" Commercial District of not less
than ten thousand (10,000) square feet and a frontage on Manchester
Road of not less than one hundred (100) feet, unless it was a parcel,
tract or lot of record and was in compliance with existing ordinances
at the time it was created and was in separate record ownership on
or before April 24, 1963.
[R.O. 2010 §400.480; CC 1970 §33-36; Ord. No. 1305 Art. 7 §8, 4-24-1963]
In the "C-2" Commercial District every multiple-family dwelling
hereafter erected or structurally altered shall provide a land area
of not less than three thousand seven hundred fifty (3,750) square
feet per family.
[R.O. 2010 §400.490; CC 1970 §33-37; Ord. No. 1305 Art. 7 §9, 4-24-1963]
Any commercial building in a "C-2" District used primarily for
any of the enumerated purposes in this Article may have not more than
forty percent (40%) of the floor area devoted to storage purposes
incidental to such primary use; provided, that not more than five
(5) employees shall be engaged at any time on the premises in any
such incidental use.
