[CC 1997 §26-9]
The regulations set forth in this Part or set forth elsewhere
in this Chapter, when referred to in this Part 7, are the regulations
in the "GC" General Commercial District.
[CC 1997 §26-9.1]
A.
A building
or premises shall be used for the following purposes:
1.
Retail sales, including appliance, bakery, card and gift shop, carpeting,
clothing, department store, drug store, fabrics, food store, furniture
store, garden shop, hardware store, hobby shop, jewelry store, newsstand,
pet shop, radio and T.V. store and sporting goods.
2.
Personal services, including barbershop, beauty parlor, cleaning
and laundry establishments, photographers, shoe repair, tailoring
and dressmaking.
3.
Household services, including appliance repair, bicycle repair, carpeting
and draperies, electrical, heating and cooling, painting, contractor,
plumbing, radio and television repair and upholstery.
4.
Financial institutions, including banks, savings and loans, stockbrokers
and title companies.
5.
Offices, including business, dental, general, law, medical and veterinarian.
6.
Public building or facility including community center, library,
museum or art gallery.
7.
Any use which in the judgment of the Planning and Zoning Commission
is identical or very similar to one (1) or more of the above listed
uses and which conforms with the intent and purpose and use limitations
of this Section.
8.
Any use which is not enumerated in this Section, but which the applicant
feels is analogous to those enumerated, should be presented to the
Planning and Zoning Commission in an application that is filed with
the City Clerk. The Clerk will then forward said application to the
Ordinance Enforcement Official. The Ordinance Enforcement Official
will then have thirty (30) days within which to review and forward
the application to the Planning and Zoning Commission.
[CC 1997 §§26-9.2 — 26-9.23]
A.
Uses
subordinate to that of the main building may include:
1.
Accessory buildings and uses customarily incident to the above uses.
2.
Where a lot is used for a commercial purpose, more than one (1) main
building may be located upon the lot but only when such buildings
conform to all open space requirements for the district.
3.
Grading, filling, excavating or any change in the grade or property
that involves the moving, depletion or replacement of more than fifty
(50) cubic yards of material or changes the existing elevation by
more than two (2) feet requires a permit. At no time shall any grading
be detrimental to surrounding property in appearance or in the diversion
of stormwater drainage.
[CC 1997 §26-9.3]
A.
A building or premises may be used for the following purposes if the provisions of the conditional use regulations in Section 405.625 are met and a conditional use permit is obtained.
1.
Retail sales, including bookstore and liquor store.
2.
Food and beverage services, including bars, taverns, catering establishments,
ice cream parlors and restaurants.
3.
Entertainment places, including billiard parlor, bowling alley, dancing,
racquetball, roller skating rink, tennis facility, theater, video
games and weight lifting.
4.
Schools and academies, including business, commercial, computer,
dancing, day care centers, martial arts, music, trade and vocational.
5.
Automotive services, including new car and vehicle dealerships and
auto parts stores.
6.
Private retail lumber store for the sale and reduction of finishing
lumber products and building materials with enclosed storage only
and not to include millwork or fabrication.
7.
Private clubs or lodges.
8.
Mortuary or funeral home.
9.
Drive-in or drive-thru establishments, including restaurants, theaters,
video rental store.
10.
Public utility owned facilities.
11.
Any use which in the judgment of the Planning and Zoning Commission
is identical or very similar to one (1) or more of the above listed
uses and which conforms with the intent and purpose and use limitations
of this Section.
12.
Any use which is not enumerated in this Section, but which the applicant
feels is analogous to those enumerated, should be presented to the
Planning and Zoning Commission in an application that is filed with
the City Clerk. The Clerk will then forward said application to the
Ordinance Enforcement Official. The Ordinance Enforcement Official
will then have thirty (30) days within which to review and forward
the application to the Planning and Zoning Commission.
13.
Medical marijuana dispensary facility.
[Ord. No. 879, 10-14-2019]
14.
Medical marijuana cultivation facility, entirely within an enclosed
building.
[Ord. No. 879, 10-14-2019]
15.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 879, 10-14-2019]
16.
Medical marijuana testing facility.
[Ord. No. 879, 10-14-2019]
[CC 1997 §§26-9.4 — 26-9.49]
A.
Notwithstanding
anything to the contrary contained in the Oakland zoning ordinance,
a building or premises may be used for the purpose of a motor vehicle
oriented business as defined in paragraph 405.300(1) below only if
the conditional use regulations in this Section are met and a conditional
use permit is obtained.
1.
Motor vehicle oriented business — defined. Any commercial business which, by design, type of operation and
nature of business, has as one (1) of its functions the provision
of services to a number of motor vehicles or its occupants in a short
time span for each or the provision of services to the occupants of
the motor vehicle while they remain in the vehicle. The list of businesses
subject to this Chapter includes convenience stores, gasoline service
stations, drive-in banks, drive-in restaurants and car wash operations,
which examples are not intended as an inclusive list of such businesses.
2.
Conditional use. Motor vehicle oriented business
may only be permitted as a conditional use in the "GC" General Commercial
District. When approved as a conditional use, the motor vehicle oriented
business must comply with all applicable requirements of this Chapter.
3.
Site design standards. The following site design
standards shall be met for all motor vehicle oriented businesses:
a.
Minimum lot area — twenty thousand (20,000) square feet.
b.
Minimum lot frontage — one hundred fifty (150) feet (on corners,
the requirements shall apply to only one (1) side).
c.
Lot area per pump island for gasoline service stations. Gasoline
service stations shall be limited to two (2) service islands and three
(3) gasoline pumps per island for the minimum size lot. One (1) service
bay and three (3) pumps may be added for each one thousand (1,000)
square feet of site area exceeding the minimum; however, in no case
shall more than six (6) service islands be allowed at any gasoline
service station nor more than three (3) pumps permitted on each island
and no more than three (3) service bays shall be allowed for each
such station.
d.
Setbacks from the public streets and property lines shall be as follows:
(1)
Front yards. There shall be a front yard having
a depth of not less than thirty (30) feet. No accessory building,
service islands and other service or pickup facilities shall project
beyond the front building setback line.
(2)
Side yard. There shall be a side yard on each
side of the building of not less than ten (10) feet. Side yard requirements
shall be fifty (50) feet where abutting any residential district.
(3)
Rear yard. There shall be a rear yard having
a depth of not less than fifteen (15) feet. Rear yard requirements
shall be fifty (50) feet where abutting any residential district.
4.
Used oil storage. All used oils and other similar
materials and products shall be stored only in underground or inside
areas in containers which meet State and Federal environmental standards.
5.
Vehicular areas.
a.
The entire area used by vehicles for parking, storage and service,
etc., shall be paved with asphaltic concrete, concrete or other material
approved by the Ordinance Enforcement Official.
b.
A raised concrete curb shall be placed at the edge of all pavement.
c.
All hydraulic hoists, pits, lubrication, washing, repair and service
not of an emergency nature or unusual short-term minor work shall
be conducted entirely within a building.
6.
Ingress and egress.
a.
The minimum width of driveways at the property line shall be twenty-four
(24) feet and the maximum shall be thirty-six (36) feet.
b.
The minimum distance of any driveway to any side property line shall
be twenty-four (24) feet. This distance shall be measured from the
side property line to the intersection of the street right-of-way
and the edge of the driveway.
c.
Driveway openings shall be limited to one (1) drive per one hundred
(100) feet of lot frontage. For parcels with frontage on more than
one (1) street, the number of driveway openings shall be based on
the frontage length on each street individually.
d.
The minimum distance of a driveway into the site from a street intersection
shall be thirty (30) feet measured from the intersection of the street
rights-of-way to the nearest end of the curb radius of the proposed
driveway.
e.
The angle of driveway intersection with the street shall be based
upon reasonable criteria for safe traffic movements and shall be approved
by the City Engineer.
f.
Motor vehicle oriented businesses adjacent to or integrated in a
shopping center or cluster of commercial facilities shall use the
common access with other business establishments in that center.
7.
Screening. All motor vehicle oriented businesses shall provide for screening and buffer areas in a manner which conforms with the regulations set forth in Section 405.720 of the Zoning Code, relative thereto and all other applicable ordinances of the City of Oakland, Missouri.
8.
Landscaping and open space.
a.
All areas of the site not paved shall be landscaped with a mixture
of trees and grass or any combination of trees, shrubs, flowers, grass
or other living ground cover to retard water runoff, restrict blowing
trash and deter improper and unsafe access and site use by the public.
Trees shall be of three (3) inch caliper measured six (6) inches from
the ground level. Street areas not approved for driveways shall be
planted in grass.
b.
Landscaped areas shall constitute at least thirty percent (30%) of
the site area.
c.
Pavement shall not be allowed in front or side yard street setbacks
except for driveways.
d.
All landscaping plant materials shall be kept alive and in excellent
condition.
e.
Landscaped areas shall not be used for the purpose of storing vehicles,
trailers or other equipment.
f.
All paved and landscaped areas shall, at all times, be kept in good
repair and in excellent condition, in accordance with this and other
ordinances of the City of Oakland and the continuous maintenance of
said areas is to be the responsibility of the owners and lessees of
the property.
9.
Other requirements.
a.
Lighting. Exterior lighting proposed for use on
the site shall be planned, erected and maintained so the light is
confined to the property and will not cast direct light or glare upon
adjacent properties or public rights-of-way. The light source shall
not be higher than twenty (20) feet and shall not be visible from
adjacent properties or public rights-of-way.
b.
Parking. All motor vehicle oriented businesses shall provide for off-street parking in a manner which conforms with the regulations set forth in Section 405.310 of the Zoning Code and all other applicable ordinances of the City of Oakland, Missouri.
c.
Signs. All signs on the site shall conform with
the applicable regulations.
d.
Storage of merchandise. All merchandise and material
for sale and all vending machines shall be displayed within an enclosed
building except:
(1)
Oil for use in motor vehicles may be displayed or sold from
an appropriate rack or compartment at the gasoline station pump islands
for the convenience of the customer and station attendant.
(2)
Tires for use on motor vehicles may be displayed or sold from
an appropriate rack outside the gasoline station for the convenience
of the customer and station attendant.
e.
Storage of flammable materials. Flammable materials
used in the conduct of motor vehicle oriented businesses when stored
above ground shall be stored within the building setback lines. All
storage of flammable materials shall be subject to the approval of
the City Fire Marshal.
f.
Other conditions. The Planning and Zoning Commission
may recommend, and the Board of Aldermen may require, provisions for
other conditions which will tend to eliminate or reduce public nuisances
caused by noise, heat, odors, smoke, dust, vibration, glare, flooding
and traffic congestion and promote the purpose of the Zoning Code.
g.
Building and structures compatibility. All proposed
motor vehicle oriented businesses' buildings and structures shall
be designed and planned to take advantage of and be compatible with
natural features of the site and area and shall not be in conflict
with the character of existing structures in areas where a definite
pattern or style has been established.
h.
Vacant motor vehicle oriented businesses' buildings. When a motor vehicle oriented businesses' building becomes vacant
for a period exceeding one (1) year, the property owner shall be required
to remove or treat in a safe manner approved by the Ordinance Enforcement
Official all flammable materials, storage tanks or storage areas in
accordance with all Federal, State and local laws, rules and regulations.
i.
Termination or lapse of conditional use permit. When
a motor vehicle oriented businesses' conditional use permit is authorized
by the Board of Aldermen, the continuation of such use shall be dependent
upon the conditions established under the permit and this Section
and in the event of a change of conditions or non-compliance with
conditions, the Board of Aldermen shall have the authority to revoke
the conditional use permit after affording the permittee the right
to be heard.
When a motor vehicle oriented businesses' building becomes vacant
and its conditional use permit is not utilized for a period of one
(1) year, the permit shall lapse and the use of the land thereafter
conforms to the use permitted in the zoning district in which it is
located.
j.
Underground utilities. All utility lines on the
site shall be installed underground.
[CC 1997 §26-9.491; Ord. No. 543 §1, 7-14-1997]
A.
Permit Required. A permit issued by the City of Oakland
shall be obtained before any special outside display commences. The
words "outside display" mean the display of any merchandise,
material, article or other thing which is outside of any completely
enclosed building in the commercial district, but under the roof line
of same. It does not include any gas islands or open canopy area more
than eight (8) feet away from the main building.
B.
Application Requirements. A person desiring to conduct outside
displays regulated by this Section shall make written application
to the City containing the following information:
1.
The true name and address of the owner of the goods to be the object
of the display.
2.
A description of the place where said display is to be held.
3.
The nature of the occupancy, whether by lease or sublease, and the
effective date of termination of said occupancy.
4.
The dates of the period of time in which the outside display is to
be conducted.
5.
The means, if any, to be employed in advertising such outside display.
6.
A detailed description of the outside display and the items to be
displayed.
C.
Permit Terms. A permit may be issued under the following
terms:
1.
A permit may authorize the outside display of the items described
in the application for a period of not more than four (4) consecutive
months.
2.
Any permit hereunder provided shall not be assignable or transferable.
3.
The fee for a permit shall be twenty-five dollars ($25.00) for each
month of the outside display.
D.
Permit Standards. Any display of items for the outside display
must be professionally designed, arranged and in good taste and not
create any adverse conditions which would affect the public safety,
health, convenience or welfare. Any violation of the conditions of
the permit issued could result in a revocation of the permit after
notice and a hearing before the Board of Aldermen.
[CC 1997 §§26-9.5 — 26-9.52]
A.
Location Of Required Off-Street Parking Spaces And Vehicle Types
That May Be Parked.
1.
Parking spaces may be located and vehicles may be parked in the front,
side or rear yards.
2.
Parking of passenger cars, station wagons, panel trucks, vans and
pickup trucks are permitted; however, any vehicle in excess of twelve
thousand (12,000) pounds gross vehicle weight is not permitted.
3.
Exceptions. Any type commercial vehicle, regardless
of gross vehicle weight, delivering or picking up merchandise for
delivery or employed in performing a repair or construction service
may park for the purpose of making such pickup or delivery or for
the duration of the period during which a repair or construction service
is being performed on or to property in the area where parked.
4.
No trucks, truck trailers or vehicles of any type shall be on skids,
jacks or any other device that will make them immobile or inoperable,
except for emergency repairs.
5.
No trucks or trailers of any kind shall be used for storage purposes.
B.
Number Of Required Off-Street Spaces.
1.
Art gallery, libraries or museums. Four (4) spaces
per one thousand (1,000) square feet of gross floor area.
2.
Banking services. Four and one-half (4½)
spaces for every one thousand (1,000) square feet of gross floor area
(excluding areas under canopy).
3.
Barber and beauty services. Three (3) spaces for
every chair.
4.
Bookstore. Four and one-half (4½) spaces
for every one thousand (1,000) square feet of gross floor area.
5.
Car washes. Line-up parking equal to five (5) times
the capacity of the car wash.
6.
Civic, social and fraternal associations. One (1)
space for every four (4) seats or every three (3) members.
7.
Commercial services and retail sales. Five and one-half
(5½) spaces for every one thousand (1,000) square feet of gross
floor area.
8.
Convenience stores. Three and one-third (3⅓)
spaces per one thousand (1,000) square feet of gross floor area.
9.
Furniture stores. Three (3) spaces for every one
thousand (1,000) square feet of gross floor area.
10.
Garden supply, landscape nurseries. Two (2) spaces
for every three (3) employees on maximum shift, one (1) space for
every commercial vehicle used in operation, plus five (5) spaces for
every one thousand (1,000) square feet of gross floor area of sales
room.
11.
Grocery store. Six and one-half (6½) spaces
for every ten thousand (10,000) square feet of gross floor area.
12.
Laundry, dry cleaning stores. Five (5) spaces for
every one thousand (1,000) square feet of gross floor area.
13.
Medical and dental offices and clinic. Four and
one-half (4½) spaces for every one thousand (1,000) square
feet of gross floor area or four (4) spaces for every doctor and one
(1) space for every additional employee, whichever is greater.
14.
Motor vehicle oriented businesses. One (1) vehicle
per three hundred (300) square feet of durably surfaced pavement [effectively
a one hundred eighty (180) square foot (10 X 18) parking space + fifty
percent (50%) of a twenty-four (24) foot wide aisle (10 X 12)].
15.
Offices. Three and one-third (3⅓) spaces
for every one thousand (1,000) square feet of gross floor area.
16.
Plumbing, air-conditioning and heating equipment. Three and one-third (3⅓) spaces for every one thousand (1,000)
square feet of gross floor area of sales and office area, two (2)
spaces for every three (3) employees on the maximum shift, plus one
(1) space for every vehicle used in the operation.
17.
Restaurants. One (1) space for every three (3) seats
plus two (2) spaces for every three (3) employees on the maximum shift.
18.
Restaurants, drive-in. One (1) space for every four
(4) seats.
19.
Schools. Three (3) spaces for every classroom.
20.
Theaters. One (1) space for ever four (4) seats.
21.
Veterinary services. Four (4) spaces for every doctor
plus one (1) space for every additional employee.
[CC 1997 §§26-9.6 — 26-9.62]
A.
There
shall be provided at the time any building is erected or structurally
altered off-street loading space in accordance with the following
requirements:
1.
All commercial uses. One (1) space for each fifteen
thousand (15,000) square feet of floor area or fraction thereof in
excess of five thousand (5,000) square feet. Where such place is located
in a manner that a truck must back directly from a major street into
the loading space, a maneuvering space of not less than forty-nine
(49) feet shall be provided.
[CC 1997 §§26-9.7 — 26-9.76]
A.
Minimum Depth Of Front Yard. Thirty (30) feet.
B.
Maximum Depth Of Front Yard. Seventy-five (75) feet.
C.
Minimum Width Of Side Yard. Five (5) feet is required for
commercial buildings except on the side of a lot abutting a dwelling
district, in which case there shall be a side yard of eight (8) feet.
Side yards of motor vehicle oriented businesses must meet the stricter
standards for side yard setbacks in Section 405.300(3).
D.
Minimum Depth Of Rear Yard. No rear yards are required for
commercial buildings except on the rear of a lot abutting a dwelling
district, in which case there shall be a rear yard of not less than
thirty (30) feet. Rear yards of motor vehicle oriented businesses
must meet the stricter standards for rear yard setbacks in Section
405.300(3).
E.
Minimum Width Of Lot. None, except for motor vehicle oriented
businesses for minimum lot frontage in Section 405.300(3).
[CC 1997 §§26-9.8 — 26-9.82]
[CC 1997 §§26-9.9 — 26-9.91]
All construction must meet the site design review requirements of Section 405.710.
