[CC 1997 §26-1.1]
A.Â
Except
as may otherwise be provided in this Chapter, from and after the effective
date of this Chapter, all new structures erected, all uses of land
or structures established, all structural alterations to or the relocation
of existing structures and all enlargements of or additions to existing
uses shall be subject to all regulations of this Chapter that are
applicable to the zoning districts in which said structures, uses
or lands shall be located.
B.Â
However,
where a building permit for a structure has been legally issued in
accordance with applicable laws and regulations in effect prior to
the effective date of this Chapter and provided that construction
is begun within six (6) months of the date of the building permit
and diligently pursued to completion, such structure may be completed
in accordance with the approved plans on the basis of which the building
permit was issued. On completion, the structure may be occupied under
an occupancy permit for the use originally designated, subject thereafter
to all provisions of this Chapter.
[CC 1997 §26-1.2]
The provisions of this Chapter shall be held to minimum requirements
adopted for the promotion of public health, safety and general welfare.
Whenever the regulations of this Chapter require a higher standard
than that required by other regulations, order of a public official,
private deed restriction or private covenants, this Chapter shall
govern. If the requirements of such other regulation, order, private
deed restriction or private covenant are the more restrictive, then
those requirements shall govern. This provision does not require and
shall not be interpreted to require the City to enforce private deed
restrictions.
[CC 1997 §26-1.3]
In the event any court of competent jurisdiction should hold
any Article, Section, clause or provision of this Chapter to be invalid,
the same shall not affect the validity of the Chapter as a whole or
any part thereof, other than the part so declared to be invalid.
[CC 1997 §§26-1.4, 26-1.5]
A.Â
Designation Of Districts. In order to regulate and restrict
the location of buildings designated for specified uses, to regulate
and limit the height of buildings hereafter erected or altered, to
regulate and determine the area of yards and other open spaces surrounding
buildings and to provide for minimum width requirements for such yards,
the City of Oakland is hereby divided into the following districts:
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"R-1"
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Single-Family Residence District
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17,500 square feet
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"R-2"
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Single-Family Residence District
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12,000 square feet
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"R-3"
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Single-Family Residence District
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10,000 square feet
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"R-4A"
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Single-Family Residence District
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7,500 square feet
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"R-4B"
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Single-Family Residence District
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7,500 square feet
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"R-4C"
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Single-Family Residence District
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7,500 square feet
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"R-5"
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Single-Family Residence District
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5,000 square feet
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"PRD"
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Planned Residential District
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"GC"
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General Commercial District
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"PCD"
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Planned Commercial District
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"HU"
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Health Use District
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"SP"
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Semi-Public District
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B.Â
Requirements In Each District. The requirements are divided
as follows and may be included in each district:
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Permitted uses
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Accessory uses
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Conditional uses
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Parking requirements
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Area requirements
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Height requirements
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[CC 1997 §26-1.6]
The boundaries of these districts are hereby established as
shown upon the map accompanying and made a part of this Chapter, which
map is designated as the "District Map". The District Map and all
the notations, references and other information shown thereon are
a part of this Chapter and shall have the same force and effect as
if such map and all the notations, references and other information
shown thereon were all fully set forth or described herein, which
District Map is properly attested and is on file with the City Clerk.
[CC 1997 §26-1.7]
All territory which may be hereafter annexed to the City shall be classified in the "R-1" Single-Family Residence District until, within a reasonable time following annexation, the annexed territory shall be appropriately classified by amending this Chapter in accordance with Section 405.750 herein.
[CC 1997 §26-1.8]
In the event any street, alley or other public way forming the
boundary of a district is vacated, the new district boundary line
shall be the former centerline of said vacated public way.
[CC 1997 §§26-1.9 — 26-1.94]
A.Â
Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the District Map made a part of this Chapter, the following
rules apply:
1.Â
The district boundaries are either streets or alleys, unless otherwise
shown, and where the districts designated on the District Map are
bounded approximately by streets or alleys, such streets or alleys
shall be construed to be the boundary of the district.
2.Â
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be the lot lines.
Where the districts designated on the map are bounded approximately
by lot lines, the lot lines shall be construed to be the boundary
of the district unless the boundaries are otherwise indicated on the
map.
3.Â
In unsubdivided property, the district boundary lines on the map
shall be determined by use of the scale appearing on the map.
4.Â
Where the district boundary is a railroad line or interstate highway,
such boundary shall be construed to be the closest boundary line of
the railroad or highway right-of-way to the bulk of the district.
In the case of an abandoned railroad or highway, the centerline of
the right-of-way shall be construed as the new district boundary.
[CC 1997 §§26-2 — 26-2.5]
A.Â
Except
as hereinafter specifically provided:
1.Â
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building or land be used,
except for a purpose permitted in the district in which the building
or land is located. If the intended use is not a permitted use under
this Code, it is deemed expressly prohibited.
2.Â
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the height, area,
parking and loading regulations of the district in which the building
is located.
3.Â
The minimum yards and other open spaces, including lot area required
by this Chapter for each and every building existing on November 20,
1961 or for any building hereafter erected, shall not be encroached
upon or considered as part of the yard or open space required for
any other building, nor shall any lot area be reduced below the requirements
of this Chapter for the district in which such lot is located.
4.Â
Every building hereafter erected or structurally altered shall be
located on a lot as defined in this Chapter and in no case shall there
be more than one (1) main building on one (1) lot except as specifically
provided hereinafter.
5.Â
Building permits may not be issued for any lot with less than fifty
(50) feet of frontage on an improved street. Specific standards for
an improved street are contained in the Subdivision regulations.
[CC 1997 §26-21; Ord. No. 738 §1, 6-11-2007]
For the purpose of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
A subordinate building having a use customarily incidental
to and located on the lot occupied by the main building. A building
housing an accessory use is considered an integral part of the main
building when it has any part of a wall in common with the main building
or is under an extension of the main roof and designed as an integral
part of the main building. For the purposes of this Article, items
such as basketball goals and uprights, bird baths, swing sets and
landscaping related site amenities such as benches, yard lighting,
statuary and landscape timbers used to define yard area shall not
be considered accessory buildings for the purpose of yard requirements.
A subordinate use which is incidental to that of the main
building or use and which is located in the same lot with such main
building or use.
A minor public or private right-of-way shown on a plat, providing
secondary vehicular access to the rear or side of a lot, block, parcel
of land, otherwise abutting a street.
A room or suite of rooms within a building, provided with
separate cooking and sanitary facilities and intended as a single
dwelling unit.
Construction plans revised to show a facility or structure
actually constructed and as it appears on a tract of land involved.
As used herein, the term includes passenger cars, motorcycles,
vans and trucks.
The flood elevation having a one percent (1%) chance of being
equaled or exceeded in any given year.
A story having part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided and used for business or
dwelling purposes.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons or property.
The vertical distance from the grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
A story having more than one-half (½) of its height
below grade. A cellar is not included in computing the number of stories
for the purpose of height measurements.
A place for burial of the dead, including crematory facilities
as an accessory use.
An institution providing diverse health care or medical treatment
for outpatient or ambulatory sick or injured persons, including medical
personnel and ancillary facilities such as laboratories, but not including
inpatient care or operating rooms for major surgery.
A building or premise used for social, recreational, dining
or philanthropic purposes the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
A facility for the daytime care of three (3) or more preschool
children not otherwise residents of said facility.
Any section of the City of Oakland within which the zoning
regulations are uniform.
A building designated or used exclusively for residential
occupancy, but not including mobile homes, hotels or motels.
A building designed for or occupied exclusively by one (1)
family.
A professional engineer registered in the State of Missouri.
To build, construct, install, attach, hang, place, inscribe,
suspend or affix.
One (1) or more persons occupying a dwelling and living as
a single housekeeping unit, all but two (2) of whom are related to
each other by birth, adoption or marriage. Per Section 89.020, RSMo.,
a State licensed group home of up to eight (8) mentally or physically
handicapped individuals plus up to two (2) house parents and a Foster
Home licensed by the Division of Family Services or Department of
Mental Health, with up to seven (7) foster children who are unrelated
to the Foster Parents shall qualify as a family.
An enclosure or barrier constructed of posts, supports, boards,
wires, stakes, bricks, stones or rails.
The finished first floor height is calculated as the height
of a finished first floor measured at the approved finished grade
to the finished first floor at the horizontal center of the front
foundation wall as depicted in Figure 405.055-A below.
[Ord. No. 892, 2-17-2021]
 Figure 405.055-A: Finished first floor height measurement
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The horizonal area of a floor of a building measured from
the interior face of the exterior walls of building, without deduction
for hallways, closets, thickness of walls, columns or other features.
For the purposes of computing floor area for half story, any portion
of the floor area measuring less than five (5) feet from the finished
floor to the finished ceiling shall not be included in the computation
of floor area.
The gross floor area of a structure, as defined herein, adjusted
as follows:
All living space with ceiling heights of sixteen (16) feet or
greater shall be counted at two hundred percent (200%);
Basements and cellars as defined herein, including garages located
below the first (1st) floor of a single-family home, shall not be
counted;
The floor area of all other attached garages shall be counted
at fifty percent (50%).
The sum of the floor areas for all stories of a building
as defined herein.
The ratio of the adjusted gross area of a primary structure
to the total area of the site.
The lineal measure of a property abutting on one (1) side
of a street measured along the dividing line between the property
and the street right-of-way.
A detached accessory building or portion of the main building
housing or designed to house the automobiles of the occupants of the
premises.
The average level of the approved finished surface of the
ground adjacent to the exterior walls of the structure. In the case
the walls are within five (5) feet of a public sidewalk, alley or
right-of-way, the grade shall be the elevation of the sidewalk, alley
or right-of-way.
[Ord. No. 892, 2-17-2021]
A building or portion thereof used for athletic training
or sports activities, including accessory seating for spectators.
An accessory use conducted in a single-family dwelling or
accessory building which is:
Clearly incidental and secondary to the use of the dwelling
and does not change the character of the dwelling; and
Of which there is no indication from the exterior that the dwelling
is being utilized in whole or in part for any purpose other than a
dwelling and further that:
There is no outside storage or display of materials in connection
with the home occupation;
The home occupation shall be carried on by a resident or resident
members of the dwelling unit. In addition to the residents of the
dwelling unit, no more than two (2) employees may be employed in the
home occupation on the site at any one time;
No sign other than a small nameplate not to exceed six (6) inches
in height or eighteen (18) inches in length with the resident's name
and/or address only;
The home occupation will not create more than six (6) trips
a day to and from the dwelling by all customers or clients of the
home occupation;
No stock or materials other than the type or quantity normally
found in the home;
The delivery of any materials for the home occupation will not
exceed two (2) trips per day by any vehicle not owned by a family
member; and
The mechanical equipment used for the home occupation is of
a size and type that is similar to domestic mechanical equipment or
is customarily found in a business office.
An establishment consisting of a group of attached or detached
living or sleeping accommodations, each with a bathroom, located on
a single lot and designed for use by the traveling public and tourists
and furnishing customary hotel services.
A non-profit establishment for public use.
A parcel of land upon which the principal or accessory use
is the accumulation of used, discarded or worn out materials or manufactured
products, any of which may or may not be reusable or salable.
A space having a minimum dimension of twelve (12) feet by
thirty-five (35) feet and a vertical clearance of fourteen (14) feet
within the main building or on the same lot providing for the standing,
loading or unloading of trucks.
Lot coverage shall include the total area of all principal
and accessory buildings as measured along the outside wall at ground
level or above as viewed from above and include all projections other
than open porches, fire escapes or the first (1st) three (3) feet
of a roof overhang. Roads, driveways, parking lots and swimming pools
shall not be included in the maximum lot coverage requirement. The
percent of lot coverage shall be computed as follows:
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Percentage of lot coverage
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=
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Square feet of ground coverage of all principal and accessory
buildings
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total square feet of lot area multiplied by one hundred (100)
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Land occupied or intended for occupancy by a use permitted
in this Chapter, including one (1) main building, together with its
accessory buildings, the yards, parking and loading spaces required
herein and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
line.
An interior lot having frontages on two (2) streets.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder or a parcel
of land, the deed of which was recorded in the office of the County
Recorder prior to the adoption of this Chapter.
The width of a lot at the front yard line.
The unobstructed area needed for a truck to back, in a single
movement, directly from the access street into a loading space, the
depth of which is measured perpendicular to and from the front of
said loading space to the curb side of the most remote traffic lane
in the access street.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "Marihuana" do not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3%) on a dry weight basis, or commodities or products
manufactured from industrial hemp.
[Ord. No. 879, 10-14-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 879, 10-14-2019]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, cultivate, process, store, transport,
and sell marijuana to a medical marijuana dispensary facility, medical
marijuana testing facility, or to a medical marijuana-infused products
manufacturing facility.
[Ord. No. 879, 10-14-2019]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, store, sell, transport, and deliver
marijuana, marijuana-infused products, and drug paraphernalia used
to administer marijuana to a qualifying patient, a primary caregiver,
another medical marijuana dispensary facility, a medical marijuana
testing facility, or a medical marijuana-infused products manufacturing
facility.
[Ord. No. 879, 10-14-2019]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, store, manufacture, transport, and
sell marijuana-infused products to a medical marijuana dispensary
facility, a medical marijuana testing facility, or to another medical
marijuana-infused products manufacturing facility.
[Ord. No. 879, 10-14-2019]
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 879, 10-14-2019]
A use, building or yard existing legally at the time of the
passage of this Article, or any amendment thereto, which does not,
by reason of design, use or dimensions, conform to the regulations
of the district in which it is situated.
A building or buildings in which elderly, chronically ill
and disabled persons who are patients therein will be provided full
support living facilities including twenty-four (24) hour nursing
supervision.
Official certification that a structure conforms to all applicable
City ordinances and requirements and may be used or occupied, proposed
and approved.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A durably surfaced area, unenclosed or enclosed in the main
building or in an accessory building having a rectangular area of
not less than two hundred (200) square feet and a minimum width of
ten (10) feet, exclusive of driveways, permanently reserved for the
temporary storage of one (1) automobile and connected with a street
or alley by a surfaced driveway not less than twenty-four (24) feet
in width for cars parked at a ninety degree (90°) angle, nor less
than eighteen (18) feet in width for cars parked at an angle of forty-five
degrees (45°) or less, to afford satisfactory ingress and egress
for such parked vehicles. In parking structures, one-half (½)
of the area occupied by supporting columns may be included in determining
the width and area of each adjacent parking space and the minimum
height of such space shall be seven (7) feet.
Land and/or structures situated thereon.
The legally recorded boundary of a lot, tract or other parcel
of land.
Public parks, playgrounds, recreational areas, designated
scenic or a historic site; school sites or sites for other public
buildings and other areas dedicated to public use.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven, and primarily designed as temporary
living accommodation for recreational, camping, and travel use, including,
but not limited to, travel trailers, truck campers, camping trailers
and self-propelled motor homes. The term as used herein shall also
include the following types of vehicle: boats, all-terrain vehicles,
trailers (including, but not limited to, boat, motorcycle, and utility
trailers), and such other vehicles as may be lawfully registered as
a recreational vehicle.
[Ord. No. 943, 7-19-2023]
Any school other than a public school, including schools
owned and operated by a business establishment, a foundation or an
institution, as well as private or parochial elementary, junior or
senior high schools or private and parochial colleges and universities.
Any school operated by a public school district or by a City,
County, State or Federal Government agency.
Any display, name, identification, description, illustration,
device, building or building treatment which is visible from any public
space or is located on private property and exposed to public view
and which directs attention to a product, place, activity, person,
service, institution, profession, business for solicitation.
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations involved. It includes
lot lines, streets, building sites, reserved open space, buildings,
major natural and manmade landscape features, off-street parking or
loading spaces and, depending on the requirements, the locations of
proposed utility lines.
A private stable having a capacity of not more than four
(4) horses.
That portion of a building, other than a cellar, 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.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupants of the
floor immediately below.
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The term includes all facilities which normally are found within the
right-of-way; it shall also include such other designations as highway,
thoroughfare, parkway, throughway, road, pike, avenue, boulevard,
lane, place, forge or other such terms but shall not include pedestrian
way or alley.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders of any substantial
change in the roof or in the exterior walls.
That which is built or constructed including, but not limited
to, buildings for any occupancy or use whatsoever, fences, signs,
billboards, fire escapes, chute escapes, railings, water tanks, towers,
open grate steps, sidewalks or stairways, tents or anything erected
and framed of component parts which is fastened, anchored or rests
on a permanent foundation or on the ground. For the purposes of this
Article, items such as basketball goals and uprights, bird baths,
swing sets and landscaping related site amenities such as benches,
yard lighting, statuary and landscape timbers used to define areas
shall not be considered as structures for the purpose of yard requirements.
The purpose of activity for which land or a building thereon
is designed, arranged or intended or for which it is maintained and
shall include any manner or performance of such activity with respect
to the performance requirements of this Chapter.
The annual sale of more than four (4) used vehicles not in
conjunction with an automotive sales establishment.
A grant of relief to a person from the requirements of this
Chapter which permits construction in a manner otherwise prohibited
by this Chapter where specific enforcement would result in an extreme
hardship or severe practical difficulty to such person.
Any self-powered vehicle moving on wheels or runners used
as a means of transport.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. In measuring a yard for the purpose
of determining the width of a side yard, the depth of a front yard
or the depth of a rear yard, the minimum horizontal distance between
the lot line and the main building shall be used.
A yard extending the full width of the lot between a main
building and the front lot line.
A yard extending the full width of the lot between a main
building and the rear lot line. On corner lots the rear yard shall
be considered as parallel to the street upon which the lot has its
least dimension. On both corner lots and interior lots, the rear yard
shall in all cases be at the opposite end of the lot from the front
yard.
An open space between the front and rear yards of a lot and
between the side lot lines and the main building or any projections
thereof.
