Glendale City Zoning Code
ARTICLE VII
"C-2" Commercial District
Section 400.420 Use Regulations.
[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.
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: | ||
a. | Substantially increase traffic hazards or congestion. | |
b. | Substantially increase fire hazards. | |
c. | Adversely affect the character of the neighborhood. | |
d. | Adversely affect the general welfare of the community. | |
e. | Overtax public utilities. | |
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. | ||
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. | ||
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:
Section 400.430 Height Regulations.
[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.
Section 400.440 Rear Yard.
[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.
Section 400.450 Side 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.
Section 400.460 Front Yard.
[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.
Section 400.470 Lot Area.
[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.
Section 400.480 Land Area per Family.
[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.
Section 400.490 Incidental Commercial Use.
[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.