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Oakland City Zoning Code

ARTICLE II

District Regulations

Section 405.060 Purpose.

[CC 1997 §26-3]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 1, are the regulations in the "R-1" Single-Family Residence District. This district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on lots of not less than seventeen thousand five hundred (17,500) square feet. The regulations of this district are designed to create and preserve a predominantly suburban character.

Section 405.065 Permitted Uses.

[CC 1997 §26-3.1]
A. 
A building or premises shall be used only for the following purposes:
1. 
Single-family dwelling.

Section 405.070 Accessory Uses.

[CC 1997 §§26-3.2 — 26-3.28; Ord. No. 668 §1, 4-19-2004]
A. 
Uses subordinate to that of the main building may include:
1. 
Accessory buildings including one (1) private garage (and one (1) stable if lot size is greater than two (2) acres).
2. 
Home occupation carried on wholly within the residence or in any accessory building. The definition of what occupations constitute a home occupation and stated limitations on such an accessory use is described in Section 405.055, Definitions.
3. 
Swimming pools, including fencing in accordance with Section 405.555.
4. 
One (1) name sign may occupy required yards provided such sign is not more than seventy-five hundredths (.75) square foot in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.
5. 
Any accessory building that is not a part of the main structure shall not be located in front of the main structure.
6. 
Accessory buildings which are not a part of the main building may be built in a required rear yard, but such accessory buildings shall not be nearer than five (5) feet to any side or rear lot lines nor nearer than ten (10) feet from any other building on the property, nor shall any combination of such accessory buildings occupy more than thirty percent (30%) of the required rear yard. There shall not be more than two (2) accessory buildings with a maximum ground floor area of one thousand (1,000) square feet. Accessory structures shall be of a height at the ridge line less than that of the primary structure at the ridge line or 1.5 stories, whichever is less. Any half story "habitable" space may not exceed forty percent (40%) of the accessory structure ground floor area. In determining "habitable" space for the half story, all areas with at least a minimum ceiling height of seven (7) feet shall be counted towards the forty percent (40%).
7. 
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.
8. 
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material requires a permit. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

Section 405.072 Additional Garage Requirements.

[Ord. No. 738 §2, 6-11-2007]
A. 
Front entry attached garages are permitted if more than forty percent (40%) of the single-family dwellings on both sides of the street of the same block have front entry garages. When the vehicle doors face a street, the following standards must be met:
1. 
For single-family dwellings with front elevation widths of forty-four (44) feet or greater, garage width shall be limited to a maximum of forty-two percent (42%) of the front elevation or twenty-two (22) feet, whichever is greater.
2. 
For single-family dwellings with front elevation widths less than forty-four (44) feet, garage width shall be limited to a maximum of fifty percent (50%) of the front elevation.
3. 
The garage portion off the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
4. 
For single-family dwellings located on corner lots, the above regulations shall apply to the primary front elevation as determined by City staff.
5. 
For single-family dwellings with a garage constructed below the first (1st) floor to the natural grade of the site, garages up to twenty (20) feet wide are permitted regardless of total front elevation width.
6. 
For the purpose of determining garage width as used in Subdivisions (1) and (2) above, "garage width" is defined as that portion of the exterior elevation which, by virtue of front facade off-set, vehicle door placement, roof lines and/or other exterior architectural treatment, is clearly discernable as space designated for parking of automobiles and similar vehicles.
B. 
Side/Rear Entry Attached Garages. When the vehicle doors do not face a street, the garage portion of the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
C. 
Detached Garages. One (1) detached garage with a ground floor area of up to forty percent (40%) of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to four hundred eighty (480) square feet but shall not exceed nine hundred sixty (960) square feet. Detached garages must comply with all regulations for accessory structures and the square footage of a detached garage shall count toward the maximum allowed ground floor area of all accessory structures on a property.

Section 405.075 Conditional Uses.

[CC 1997 §26-3.3]
A. 
A building or premise 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. 
Day care centers.
2. 
Public utility owned facilities.

Section 405.080 Parking Requirements.

[CC 1997 §§26-3.4 — 26-3.42]
A. 
Number Of Required Off-Street Parking Spaces.
1. 
Single-family dwelling — two (2) parking spaces.
B. 
Additional Parking Requirements.
[Ord. No. 943, 7-19-2023]
1. 
Off-street parking for non-residential uses in residential districts must be approved by the conditional use procedure described in Section 405.625 of this Chapter.
2. 
The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.
3. 
Any new driveway, existing driveway widened from a single driveway to a double driveway or repaving of an existing driveway shall be constructed of concrete, asphaltic concrete or other approved paving.
4. 
No driveway located in the front yard shall exceed twenty (20) feet in width. There shall be only one (1) driveway and a circle drive shall have a minimum radius of forty (40) feet. Driveways and surfaced parking areas shall not occupy more than fifty percent (50%) of a front yard.
5. 
All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard or side yard except in a driveway. Vehicles may be parked in a rear yard, but all vehicles parked in a rear yard must be parked within the setback lines of that lot.
6. 
Recreational vehicles shall not be parked in the street or public right-of-way. Recreational vehicles parked on a lot shall only be parked behind the front as-built line of the lot's primary structure. For all corner lots, recreational vehicles must be parked behind both front as-built lines of the lot's primary structure.
7. 
Notwithstanding the restrictions set forth in Subsection (B)(6) above, a recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure as follows:
a. 
A recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure for a period not to exceed seventy-two (72) consecutive hours (such period herein referred to as a "recreational vehicle parking exception");
b. 
A recreational vehicle exception period shall not occur within five (5) days of another recreational vehicle exception period on the same lot;
c. 
No more than six (6) recreational vehicle exception periods shall occur on a single lot per calendar year;
d. 
Such recreational vehicle must be parked on a driveway;
e. 
Such recreational vehicle must be owned by the owner of the lot, or the lot owner's lessee, invitee, or guest.
8. 
Vehicles with a length in excess of twenty-seven (27) feet, including any load carried, held, or borne by that vehicle, shall not be parked in this district.
9. 
Trucks and trailers designed and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, buses and construction vehicles are prohibited from parking in this district. Any vehicle, excluding recreational vehicles, in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.
10. 
Vehicles, including recreational vehicles, which are unlicensed, inoperable, unregistered, or in a state of disrepair shall not be parked in this district, unless parked within an enclosed structure.
11. 
The total number of vehicles, including recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.
12. 
Exceptions. Any type of commercial vehicles, 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.
13. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.085 Area Requirements.

[CC 1997 §§26-3.5 — 26-3.59]
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. Ten (10) feet.
D. 
Minimum Aggregate Width Of Side Yard. Twenty (20) Feet. However, where a lot of record existing at the time of passage of this Chapter is less than eighty (80) feet wide, the required side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
E. 
Minimum Depth Of Rear Yard. Thirty (30) feet.
F. 
Minimum Lot Area Per Family. Seventeen thousand five-hundred (17,500) square feet.
G. 
Minimum Width Of Lot. Eighty (80) feet measured at the required building line.
H. 
Yards, Generally.
1. 
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.
2. 
There shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front yard or in front of the main building.
I. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.090 Height Requirements.

[CC 1997 §§26-3.6 — 26-3.62]
A. 
The maximum height is thirty-five (35) feet or two and one-half (2½) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.092 Additional Lot Coverage Regulations.

[Ord. No. 738 §3, 6-11-2007]
A. 
A maximum floor area ratio (FAR) of thirty-five percent (35%) is permitted. Notwithstanding, primary structures with an adjusted gross floor area up to two thousand eight hundred (2,800) feet are permitted, provided all other height and area regulations are met without variance.
B. 
Total ground area covered by all buildings, including accessory buildings, shall not exceed forty percent (40%) of the lot size.

Section 405.095 Purpose.

[CC 1997 §26-4]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 2, are the regulations in the "R-2" Single-Family Residence District. This district is composed of the areas of the City whose principal use is and ought to be single-family dwellings on lots of not less than twelve thousand (12,000) square feet. The regulations of this district are designed to create and preserve a predominantly suburban character.

Section 405.100 Permitted Uses.

[CC 1997 §26-4.1]
A. 
A building or premises shall be used only for the following purposes:
1. 
Single-family dwelling.

Section 405.105 Accessory Uses.

[CC 1997 §§26-4.2 — 26-4.28; Ord. No. 668 §1, 4-19-2004]
A. 
Uses subordinate to that of the main building may include:
1. 
Accessory buildings including one (1) private garage.
2. 
Home occupation carried on wholly within the residence or in any accessory building. The definition of what occupations constitute a home occupation and stated limitations on such an accessory use is described in Section 405.055, Definitions.
3. 
Swimming pools, including fencing in accordance with Section 405.555.
4. 
One (1) name sign may occupy required yards provided such sign is not more than seventy-five hundredths (.75) square foot in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.
5. 
Any accessory building that is not a part of the main structure shall not be located in front of the main structure.
6. 
Accessory buildings which are not a part of the main building may be built in a required rear yard, but such accessory buildings shall not be nearer than five (5) feet to any side or rear lot lines nor nearer than ten (10) feet from any other building on the property, nor shall any combination of such accessory buildings occupy more than thirty percent (30%) of the required rear yard. There shall not be more than two (2) accessory buildings with a maximum ground floor area of one thousand (1,000) square feet. Accessory structures shall be of a height at the ridge line less than that of the primary structure at the ridge line or 1.5 stories, whichever is less. Any half story "habitable" space may not exceed forty percent (40%) of the accessory structure ground floor area. In determining "habitable" space for the half story, all areas with at least a minimum ceiling height of seven (7) feet shall be counted towards the forty percent (40%).
7. 
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.
8. 
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material requires a permit. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

Section 405.107 Additional Garage Requirements.

[Ord. No. 738 §2, 6-11-2007]
A. 
Front entry attached garages are permitted if more than forty percent (40%) of the single-family dwellings on both sides of the street of the same block have front entry garages. When the vehicle doors face a street, the following standards must be met:
1. 
For single-family dwellings with front elevation widths of forty-four (44) feet or greater, garage width shall be limited to a maximum of forty-two percent (42%) of the front elevation or twenty-two (22) feet, whichever is greater.
2. 
For single-family dwellings with front elevation widths less than forty-four (44) feet, garage width shall be limited to a maximum of fifty percent (50%) of the front elevation.
3. 
The garage portion off the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
4. 
For single-family dwellings located on corner lots, the above regulations shall apply to the primary front elevation as determined by City staff.
5. 
For single-family dwellings with a garage constructed below the first (1st) floor to the natural grade of the site, garages up to twenty (20) feet wide are permitted regardless of total front elevation width.
6. 
For the purpose of determining garage width as used in Subdivisions (1) and (2) above, "garage width" is defined as that portion of the exterior elevation which, by virtue of front facade off-set, vehicle door placement, roof lines and/or other exterior architectural treatment, is clearly discernable as space designated for parking of automobiles and similar vehicles.
B. 
Side/Rear Entry Attached Garages. When the vehicle doors do not face a street, the garage portion of the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
C. 
Detached Garages. One (1) detached garage with a ground floor area of up to forty percent (40%) of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to four hundred eighty (480) square feet but shall not exceed nine hundred sixty (960) square feet. Detached garages must comply with all regulations for accessory structures and the square footage of a detached garage shall count toward the maximum allowed ground floor area of all accessory structures on a property.

Section 405.110 Conditional Uses.

[CC 1997 §26-4.3]
A. 
A building or premise 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. 
Day care centers.
2. 
Public utility owned facilities.

Section 405.115 Parking Requirements.

[CC 1997 §§26-4.4 — 26-4.42]
A. 
Number Of Required Off-Street Parking Spaces.
1. 
Single-family dwelling — two (2) parking spaces.
B. 
Additional Parking Requirements.
[Ord. No. 943, 7-19-2023]
1. 
Off-street parking for non-residential uses in residential districts must be approved by the conditional use procedure described in Section 405.625 of this Chapter.
2. 
The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.
3. 
Any new driveway, existing driveway widened from a single driveway to a double driveway or repaving of an existing driveway shall be constructed of concrete, asphaltic concrete or other approved paving.
4. 
No driveway located in the front yard shall exceed twenty (20) feet in width. There shall be only one (1) driveway and a circle drive shall have a minimum radius of forty (40) feet. Driveways and surfaced parking areas shall not occupy more than fifty percent (50%) of a front yard.
5. 
All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard or side yard except in a driveway. Vehicles may be parked in a rear yard, but all vehicles parked in a rear yard must be parked within the setback lines of that lot.
6. 
Recreational vehicles shall not be parked in the street or public right-of-way. Recreational vehicles parked on a lot shall only be parked behind the front as-built line of the lot's primary structure. For all corner lots, recreational vehicles must be parked behind both front as-built lines of the lot's primary structure.
7. 
Notwithstanding the restrictions set forth in Subsection (B)(6) above, a recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure as follows:
a. 
A recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure for a period not to exceed seventy-two (72) consecutive hours (such period herein referred to as a "recreational vehicle parking exception");
b. 
A recreational vehicle exception period shall not occur within five (5) days of another recreational vehicle exception period on the same lot;
c. 
No more than six (6) recreational vehicle exception periods shall occur on a single lot per calendar year;
d. 
Such recreational vehicle must be parked on a driveway;
e. 
Such recreational vehicle must be owned by the owner of the lot, or the lot owner's lessee, invitee, or guest.
8. 
Vehicles with a length in excess of twenty-seven (27) feet, including any load carried, held, or borne by that vehicle, shall not be parked in this district.
9. 
Trucks and trailers designed and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, buses and construction vehicles are prohibited from parking in this district. Any vehicle, excluding recreational vehicles, in excess of twelve thousand (12,000) pounds gross vehicles weight is not permitted.
10. 
Vehicles, including recreational vehicles, which are unlicensed, inoperable, unregistered, or in a state of disrepair shall not be parked in this district, unless parked within an enclosed structure.
11. 
The total number of vehicles, including recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.
12. 
Exceptions. Any type of 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.
13. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.120 Area Requirements.

[CC 1997 §§26-4.5 — 26-4.59]
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. Ten (10) feet.
D. 
Minimum Aggregate Width Of Side Yard. Twenty (20) feet. However, where a lot of record existing at the time of passage of this Chapter is less than eighty (80) feet wide, the required side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
E. 
Minimum Depth Of Rear Yard. Thirty (30) feet.
F. 
Minimum Lot Area Per Family. Twelve thousand (12,000) square feet.
G. 
Minimum Width Of Lot. Eighty (80) feet measured at the required building line.
H. 
Yards, Generally.
1. 
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.
2. 
There shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front yard or in front of the main building.
I. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.125 Height Requirements.

[CC 1997 §§26-4.6 — 26-4.62]
A. 
The maximum height is thirty-five (35) feet or two and one-half (2½) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.127 Additional Lot Coverage Regulations.

[Ord. No. 738 §3, 6-11-2007]
A. 
A maximum floor area ratio (FAR) of thirty-five percent (35%) is permitted. Notwithstanding, primary structures with an adjusted gross floor area up to two thousand eight hundred (2,800) feet are permitted, provided all other height and area regulations are met without variance.
B. 
Total ground area covered by all buildings, including accessory buildings, shall not exceed forty percent (40%) of the lot size.

Section 405.130 Purpose.

[CC 1997 §26-5]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 3, are the regulations in the "R-3" Single-Family Residence District. This district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on lots of not less than ten thousand (10,000) square feet. The regulations of this district are designed to create and preserve a predominantly suburban character.

Section 405.135 Permitted Uses.

[CC 1997 §26-5.1]
A. 
A building or premises shall be used only for the following purposes:
1. 
Single-family dwelling.

Section 405.140 Accessory Uses.

[CC 1997 §§26-5.2 — 26-5.28; Ord. No. 668 §1, 4-19-2004]
A. 
Uses subordinate to that of the main building may include:
1. 
Accessory buildings including one (1) private garage.
2. 
Home occupation carried on wholly within the residence or in any accessory building. The definition of what occupations constitute a home occupation and stated limitations on such an accessory use is described in Section 405.055, Definitions.
3. 
Swimming pools, including fencing in accordance with Section 405.555.
4. 
One (1) name sign may occupy required yards provided such sign is not more than seventy-five hundredths (.75) square foot in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.
5. 
Any accessory building that is not a part of the main structure shall not be located in front of the main structure.
6. 
Accessory buildings which are not a part of the main building may be built in a required rear yard, but such accessory buildings shall not be nearer than five (5) feet to any side or rear lot lines nor nearer than ten (10) feet from any other building on the property, nor shall any combination of such accessory buildings occupy more than thirty percent (30%) of the required rear yard. There shall not be more than two (2) accessory buildings with a maximum ground floor area of one thousand (1,000) square feet. Accessory structures shall be of a height at the ridge line less than that of the primary structure at the ridge line or 1.5 stories, whichever is less. Any half story "habitable" space may not exceed forty percent (40%) of the accessory structure ground floor area. In determining "habitable" space for the half story, all areas with at least a minimum ceiling height of seven (7) feet shall be counted towards the forty percent (40%).
7. 
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.
8. 
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material requires a permit. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

Section 405.142 Additional Garage Requirements.

[Ord. No. 738 §2, 6-11-2007]
A. 
Front entry attached garages are permitted if more than forty percent (40%) of the single-family dwellings on both sides of the street of the same block have front entry garages. When the vehicle doors face a street, the following standards must be met:
1. 
For single-family dwellings with front elevation widths of forty-four (44) feet or greater, garage width shall be limited to a maximum of forty-two percent (42%) of the front elevation or twenty-two (22) feet, whichever is greater.
2. 
For single-family dwellings with front elevation widths less than forty-four (44) feet, garage width shall be limited to a maximum of fifty percent (50%) of the front elevation.
3. 
The garage portion off the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
4. 
For single-family dwellings located on corner lots, the above regulations shall apply to the primary front elevation as determined by City staff.
5. 
For single-family dwellings with a garage constructed below the first (1st) floor to the natural grade of the site, garages up to twenty (20) feet wide are permitted regardless of total front elevation width.
6. 
For the purpose of determining garage width as used in Subdivisions (1) and (2) above, "garage width" is defined as that portion of the exterior elevation which, by virtue of front facade off-set, vehicle door placement, roof lines and/or other exterior architectural treatment, is clearly discernable as space designated for parking of automobiles and similar vehicles.
B. 
Side/Rear Entry Attached Garages. When the vehicle doors do not face a street, the garage portion of the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
C. 
Detached Garages. One (1) detached garage with a ground floor area of up to forty percent (40%) of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to four hundred eighty (480) square feet but shall not exceed nine hundred sixty (960) square feet. Detached garages must comply with all regulations for accessory structures and the square footage of a detached garage shall count toward the maximum allowed ground floor area of all accessory structures on a property.

Section 405.145 Conditional Uses.

[CC 1997 §26-5.3]
A. 
A building or premise 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. 
Day care centers.
2. 
Public utility owned facilities.
3. 
Residential or outpatient facilities for the treatment of alcohol and other drug abuse.

Section 405.150 Parking Requirements.

[CC 1997 §§26-5.4 — 26-5.42]
A. 
Number Of Required Off-Street Parking Spaces.
1. 
Single-family dwelling — two (2) parking spaces.
B. 
Additional Parking Requirements.
[Ord. No. 943, 7-19-2023]
1. 
Off-street parking for non-residential uses in residential districts must be approved by the conditional use procedure described in Section 405.625 of this Chapter.
2. 
The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.
3. 
Any new driveway, existing driveway widened from a single driveway to a double driveway or repaving of an existing driveway shall be constructed of concrete, asphaltic concrete or other approved paving.
4. 
No driveway located in the front yard shall exceed twenty (20) feet in width. There shall be only one (1) driveway and a circle drive shall have a minimum radius of forty (40) feet. Driveways and surfaced parking areas shall not occupy more than fifty percent (50%) of a front yard.
5. 
All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard or side yard except in a driveway. Vehicles may be parked in a rear yard, but all vehicles parked in a rear yard must be parked within the setback lines of that lot.
6. 
Recreational vehicles shall not be parked in the street or public right-of-way. Recreational vehicles parked on a lot shall only be parked behind the front as-built line of the lot's primary structure. For all corner lots, recreational vehicles must be parked behind both front as-built lines of the lot's primary structure.
7. 
Notwithstanding the restrictions set forth in Subsection (B)(6) above, a recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure as follows:
a. 
A recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure for a period not to exceed seventy-two (72) consecutive hours (such period herein referred to as a "recreational vehicle parking exception");
b. 
A recreational vehicle exception period shall not occur within five (5) days of another recreational vehicle exception period on the same lot;
c. 
No more than six (6) recreational vehicle exception periods shall occur on a single lot per calendar year;
d. 
Such recreational vehicle must be parked on a driveway;
e. 
Such recreational vehicle must be owned by the owner of the lot, or the lot owner's lessee, invitee, or guest.
8. 
Vehicles with a length in excess of twenty-seven (27) feet, including any load carried, held, or borne by that vehicle, shall not be parked in this district.
9. 
Trucks and trailers designed and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, buses and construction vehicles are prohibited from parking in this district. Any vehicle, excluding recreational vehicles, in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.
10. 
Vehicles, including recreational vehicles, which are unlicensed, inoperable, unregistered, or in a state of disrepair shall not be parked in this district, unless parked within an enclosed structure.
11. 
The total number of vehicles, including recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.
12. 
Exceptions. Any type of 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.
13. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.155 Area Requirements.

[CC 1997 §§26-5.5 — 26-5.59; Ord. No. 693 §1, 10-10-2005]
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. Eight (8) feet.
D. 
Minimum Aggregate Width Of Side Yard. Sixteen (16) feet. However, where a lot of record existing at the time of passage of this Chapter is less than sixty (60) feet wide, the required side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
E. 
Minimum Depth Of Rear Yard. Thirty (30) feet.
F. 
Minimum Lot Area Per Family. Ten thousand (10,000) square feet.
G. 
Minimum Width Of Lot. Eighty (80) feet measured at the required building line.
H. 
Yards, Generally.
1. 
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.
2. 
There shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front yard or in front of the main building.
I. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.160 Height Requirements.

[CC 1997 §§26-5.6 — 26-5.62]
A. 
The maximum height is thirty-five (35) feet or two and one-half (2½) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.162 Additional Lot Coverage Regulations.

[Ord. No. 738 §3, 6-11-2007]
A. 
A maximum floor area ratio (FAR) of thirty-five percent (35%) is permitted. Notwithstanding, primary structures with an adjusted gross floor area up to two thousand eight hundred (2,800) feet are permitted, provided all other height and area regulations are met without variance.
B. 
Total ground area covered by all buildings, including accessory buildings, shall not exceed forty percent (40%) of the lot size.

Section 405.165 Purpose.

[CC 1997 §26-6]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 4, are the regulations in the "R-4A", "R-4B" and "R-4C" Single-Family Residence Districts. These districts are composed of those areas of the City whose principal use is and ought to be single-family dwellings on lots of not less than seven thousand five hundred (7,500) square feet. The regulations of these districts are designed to create and preserve a predominantly suburban character.

Section 405.170 Permitted Uses.

[CC 1997 §26-6.1]
A. 
A building or premises shall be used only for the following purposes:
1. 
Single-family dwelling.

Section 405.175 Accessory Uses.

[CC 1997 §§26-6.2 — 26-6.28; Ord. No. 668 §1, 4-19-2004]
A. 
Uses subordinate to that of the main building may include:
1. 
Accessory buildings including one (1) private garage.
2. 
Home occupation carried on wholly within the residence or in any accessory building. The definition of what occupations constitute a home occupation and stated limitations on such an accessory use is described in Section 405.055, Definitions.
3. 
Swimming pools, including fencing in accordance with Section 405.555.
4. 
One (1) name sign may occupy required yards provided such sign is not more than seventy-five hundredths (.75) square foot in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.
5. 
Any accessory building that is not a part of the main structure shall not be located in front of the main structure.
6. 
Accessory buildings which are not a part of the main building may be built in a required rear yard, but such accessory buildings shall not be nearer than five (5) feet to any side or rear lot lines nor nearer than ten (10) feet from any other building on the property, nor shall any combination of such accessory buildings occupy more than thirty percent (30%) of the required rear yard. There shall not be more than two (2) accessory buildings with a maximum ground floor area of one thousand (1,000) square feet. Accessory structures shall be of a height at the ridge line less than that of the primary structure at the ridge line or 1.5 stories, whichever is less. Any half story "habitable" space may not exceed forty percent (40%) of the accessory structure ground floor area. In determining "habitable" space for the half story, all areas with at least a minimum ceiling height of seven (7) feet shall be counted towards the forty percent (40%).
7. 
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.
8. 
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material requires a permit. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

Section 405.177 Additional Garage Requirements.

[Ord. No. 738 §2, 6-11-2007]
A. 
Front entry attached garages are permitted if more than forty percent (40%) of the single-family dwellings on both sides of the street of the same block have front entry garages. When the vehicle doors face a street, the following standards must be met:
1. 
For single-family dwellings with front elevation widths of forty-four (44) feet or greater, garage width shall be limited to a maximum of forty-two percent (42%) of the front elevation or twenty-two (22) feet, whichever is greater.
2. 
For single-family dwellings with front elevation widths less than forty-four (44) feet, garage width shall be limited to a maximum of fifty percent (50%) of the front elevation.
3. 
The garage portion off the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
4. 
For single-family dwellings located on corner lots, the above regulations shall apply to the primary front elevation as determined by City staff.
5. 
For single-family dwellings with a garage constructed below the first (1st) floor to the natural grade of the site, garages up to twenty (20) feet wide are permitted regardless of total front elevation width.
6. 
For the purpose of determining garage width as used in Subdivsions (1) and (2) above, "garage width" is defined as that portion of the exterior elevation which, by virtue of front facade off-set, vehicle door placement, roof lines and/or other exterior architectural treatment, is clearly discernable as space designated for parking of automobiles and similar vehicles.
B. 
Side/Rear Entry Attached Garages. When the vehicle doors do not face a street, the garage portion of the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
C. 
Detached Garages. One (1) detached garage with a ground floor area of up to forty percent (40%) of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to four hundred eighty (480) square feet but shall not exceed nine hundred sixty (960) square feet. Detached garages must comply with all regulations for accessory structures and the square footage of a detached garage shall count toward the maximum allowed ground floor area of all accessory structures on a property.

Section 405.180 Conditional Uses.

[CC 1997 §26-6.3]
A. 
A building or premise 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. 
Day care centers.
2. 
Public utility owned facilities.

Section 405.185 Parking Requirements.

[CC 1997 §§26-6.4 — 26-6.42]
A. 
Number Of Required Off-Street Parking Spaces.
1. 
Single-family dwelling — two (2) parking spaces.
B. 
Additional Parking Requirements.
[Ord. No. 943, 7-19-2023]
1. 
Off-street parking for non-residential uses in residential districts must be approved by the conditional use procedure described in Section 405.625 of this Chapter.
2. 
The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.
3. 
Any new driveway, existing driveway widened from a single driveway to a double driveway or repaving of an existing driveway shall be constructed of concrete, asphaltic concrete or other approved paving.
4. 
No driveway located in the front yard shall exceed twenty (20) feet in width. There shall be only one (1) driveway and a circle drive shall have a minimum radius of forty (40) feet. Driveways and surfaced parking areas shall not occupy more than fifty percent (50%) of a front yard.
5. 
All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard or side yard except in a driveway. Vehicles may be parked in a rear yard, but all vehicles parked in a rear yard must be parked within the setback lines of that lot.
6. 
Recreational vehicles shall not be parked in the street or public right-of-way. Recreational vehicles parked on a lot shall only be parked behind the front as-built line of the lot's primary structure. For all corner lots, recreational vehicles must be parked behind both front as-built lines of the lot's primary structure.
7. 
Notwithstanding the restrictions set forth in Subsection B(6) above, a recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure as follows:
a. 
A recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure for a period not to exceed seventy-two (72) consecutive hours (such period herein referred to as a "recreational vehicle parking exception");
b. 
A recreational vehicle exception period shall not occur within five (5) days of another recreational vehicle exception period on the same lot;
c. 
No more than six (6) recreational vehicle exception periods shall occur on a single lot per calendar year;
d. 
Such recreational vehicle must be parked on a driveway;
e. 
Such recreational vehicle must be owned by the owner of the lot, or the lot owner's lessee, invitee, or guest.
8. 
Vehicles with a length in excess of twenty-seven (27) feet, including any load carried, held, or borne by that vehicle, shall not be parked in this district.
9. 
Trucks and trailers designed and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, buses and construction vehicles are prohibited from parking in this district. Any vehicle, excluding recreational vehicles, in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.
10. 
Vehicles, including recreational vehicles, which are unlicensed, inoperable, unregistered, or in a state of disrepair shall not be parked in this district, unless parked within an enclosed structure.
11. 
The total number of vehicles, including recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.
12. 
Exceptions. Any type of 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.
13. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.190 Area Requirements.

[CC 1997 §§26-6.5 — 26-6.59; Ord. No. 681 §1, 2-14-2005]
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. Ten (10) feet in "R-4A", eight (8) feet in "R-4B" and "R-4C".
D. 
Minimum Aggregate Width Of Side Yard. Twenty (20) feet in "R-4A", sixteen (16) feet in "R-4B" and "R-4C". However, where a lot of record existing at the time of passage of this Chapter is less than eighty (80) feet wide in "R-4A" and less than sixty (60) feet wide in "R-4B" and less than fifty (50) feet wide in "R-4C", the required side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
E. 
Minimum Depth Of Rear Yard. Thirty (30) feet.
F. 
Minimum Lot Area Per Family. Seven thousand five hundred (7,500) square feet.
G. 
Minimum Width Of Lot. Eighty (80) feet in "R-4A", eighty (80) feet in "R-4B" and eighty (80) feet in "R-4C" measured at the required building line.
H. 
Yards, Generally.
1. 
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.
2. 
There shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front yard or in front of the main building.
I. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.195 Height Requirements.

[CC 1997 §§26-6.6 — 26-6.62]
A. 
The maximum height is thirty-five (35) feet or two and one-half (2½) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.197 Additional Lot Coverage Regulations.

[Ord. No. 738 §3, 6-11-2007]
A. 
A maximum floor area ratio (FAR) of thirty-five percent (35%) is permitted. Notwithstanding, primary structures with an adjusted gross floor area up to two thousand eight hundred (2,800) feet are permitted, provided all other height and area regulations are met without variance.
B. 
Total ground area covered by all buildings, including accessory buildings, shall not exceed forty percent (40%) of the lot size.

Section 405.198 Special Residential Zoning Overlay District in "R-4C" District; Zoning Consolidation; Properties Located Partially in Glendale and Oakland.

[Ord. No. 904, 3-16-2022]
A. 
In the event a landowner — who owns one (1) or two (2) lots under common ownership and part of one (1) lot is located in the City of Glendale, Missouri, and part of one (1) lot is located in the City of Oakland, Missouri (hereinafter the "Cities"), and such lots have been maintained by the landowner, or a prior landowner, as a single-family residential property for a period of at least ten (10) years — desires to build or expand a single-family residential dwelling unit on one (1) or two (2) lots located partially in Glendale and partially in Oakland, the following shall apply:
1. 
The eleven (11) such lots shall be designated as a "Special Residential Zoning Overlay District" ("SRZD") on the Zoning Maps of Glendale and Oakland, Missouri, and shall be subject to the regulations created herein, which shall be known in each City as the "SRZD District" regulations. The base zoning district, "R-4C" in Oakland, and "R-1" in Glendale, shall not change, but the regulations of the "SRZD" District, to the extent they conflict with the base zoning districts, shall supersede or supplement, as applicable, the regulations of the base zoning district(s) in Oakland and Glendale, but the base zoning districts shall otherwise remain in full force and effect. All property in the "SRZD" Overlay District shall be used and developed or improved in conformity with the overlay and base district requirements that do not conflict with the overlay district regulations.
2. 
Lots within the "SRZD" District shall be considered to be single-family residential uses pursuant to the applicable Municipal Zoning Code Sections in each of the Cities.
3. 
Any existing single-family residential dwelling unit must have been constructed on a lot that either shares a common border between the Cities, or is partially located in Glendale and partially located in Oakland for at least ten (10) consecutive years immediately preceding a building permit application.
4. 
The landowner of lots within the "SRZD" District must notify each City, in writing, of the desire to expand or build a single-family residential dwelling unit on a lot or lots located within the "SRZD" District in order to proceed with the zoning consolidation process set out in this Section.
5. 
The zoning consolidation process as referred to herein shall be for zoning purposes only, and shall not alter or affect the tax identification numbers of any lot located within the "SRZD" District for taxation purposes by the Assessor's and Collector's offices of St. Louis County, and the landowner shall not be required to record the lot consolidation with the Recorder of Deeds of St. Louis County, but only with the City Clerk of each City.
B. 
The Cities shall each deem lots within the "SRZD" District as developable for single-family residential uses and the existing rear or side yard setbacks in each City's Zoning Code shall not be based on the common boundary line between the Cities, but shall be regulated as set forth herein.
C. 
By and through a cooperation agreement between the Cities, the City within which a majority of a lot or lots (when combined for the zoning purposes of this Section) is located within the "SRZD" District shall be the sole governmental entity responsible for issuing appropriate zoning, building and Architectural Review Board ("ARB") permits, as applicable and except as set forth below regarding construction in rear yards, with respect to any proposed new single-family residence construction or expansion, and such dwellings shall be built or expanded in accordance with that City's zoning, building and ARB codes, as applicable except as set forth below regarding construction in rear yards; provided, however, that the rear yard setback shall in no event be less than thirty (30) feet and side yard setbacks shall be not less than the greater of six (6) feet or ten percent (10%) of the lot width, unless a variance to such rear yard or side yard setback is granted by both Cities' Boards of Adjustment.
D. 
Notwithstanding anything to the contrary above, any and all permits required for any demolition or construction of any stormwater systems or parts of systems, accessory structures or parts of such structures (including, but not limited to, detached garages), decks, fences, swimming pools and flatwork in the rear yard, or impacted part of a rear yard, of a lot consolidated for purposes of this Section under the "SRZD" District rules shall be issued by the City in which the rear yard or part of the rear yard is located.

Section 405.200 Purpose.

[CC 1997 §26-7]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 5, are the regulations in the "R-5" Single-Family Residence District. This district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on lots of not less than five thousand (5,000) square feet. The regulations of this district are designed to create and preserve a predominantly suburban character.

Section 405.205 Permitted Uses.

[CC 1997 §26-7.1]
A. 
A building or premises shall be used only for the following purposes:
1. 
Single-family dwelling.

Section 405.210 Accessory Uses.

[CC 1997 §§26-7.2 — 26-7.27; Ord. No. 668 §1, 4-19-2004]
A. 
Uses subordinate to that of the main building may include:
1. 
Accessory buildings including one (1) private garage.
2. 
Home occupation carried on wholly within the residence or in any accessory building. The definition of what occupations constitute a home occupation and stated limitations on such an accessory use is described in Section 405.055, Definitions.
3. 
One (1) name sign may occupy required yards provided such sign is not more than seventy-five hundredths (.75) foot in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.
4. 
Any accessory building that is not a part of the main structure shall not be located in front of the main structure.
5. 
Accessory buildings which are not a part of the main building may be built in a required rear yard, but such accessory buildings shall not be nearer than five (5) feet to any side or rear lot lines nor nearer than ten (10) feet from any other building on the property, nor shall any combination of such accessory buildings occupy more than thirty percent (30%) of the required rear yard. There shall not be more than two (2) accessory buildings with a maximum ground floor area of one thousand (1,000) square feet. Accessory structures shall be of a height at the ridge line less than that of the primary structure at the ridge line or 1.5 stories, whichever is less. Any half story "habitable" space may not exceed forty percent (40%) of the accessory structure ground floor area. In determining "habitable" space for the half story, all areas with at least a minimum ceiling height of seven (7) feet shall be counted towards the forty percent (40%).
6. 
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.
7. 
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material requires a permit. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

Section 405.212 Additional Garage Requirements.

[Ord. No. 738 §2, 6-11-2007]
A. 
Front entry attached garages are permitted if more than forty percent (40%) of the single-family dwellings on both sides of the street of the same block have front entry garages. When the vehicle doors face a street, the following standards must be met:
1. 
For single-family dwellings with front elevation widths of forty-four (44) feet or greater, garage width shall be limited to a maximum of forty-two percent (42%) of the front elevation or twenty-two (22) feet, whichever is greater.
2. 
For single-family dwellings with front elevation widths less than forty-four (44) feet, garage width shall be limited to a maximum of fifty percent (50%) of the front elevation.
3. 
The garage portion off the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
4. 
For single-family dwellings located on corner lots, the above regulations shall apply to the primary front elevation as determined by City staff.
5. 
For single-family dwellings with a garage constructed below the first (1st) floor to the natural grade of the site, garages up to twenty (20) feet wide are permitted regardless of total front elevation width.
6. 
For the purpose of determining garage width as used in Subdivisions (1) and (2) above, "garage width" is defined as that portion of the exterior elevation which, by virtue of front facade off-set, vehicle door placement, roof lines and/or other exterior architectural treatment, is clearly discernable as space designated for parking of automobiles and similar vehicles.
B. 
Side/Rear Entry Attached Garages. When the vehicle doors do not face a street, the garage portion of the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
C. 
Detached Garages. One (1) detached garage with a ground floor area of up to forty percent (40%) of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to four hundred eighty (480) square feet but shall not exceed nine hundred sixty (960) square feet. Detached garages must comply with all regulations for accessory structures and the square footage of a detached garage shall count toward the maximum allowed ground floor area of all accessory structures on a property.

Section 405.215 Conditional Uses.

[CC 1997 §26-7.3]
A. 
A building or premise 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. 
Day care centers.
2. 
Public utility owned facilities.

Section 405.220 Parking Requirements.

[CC 1997 §§26-7.4 — 26-7.42]
A. 
Number Of Required Off-Street Parking Spaces.
1. 
Single-family dwelling — two (2) parking spaces.
B. 
Additional Parking Requirements.
[Ord. No. 943, 7-19-2023]
1. 
Off-street parking for non-residential uses in residential districts must be approved by the conditional use procedure described in Section 405.625 of this Chapter.
2. 
The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.
3. 
Any new driveway, existing driveway widened from a single driveway to a double driveway or repaving of an existing driveway shall be constructed of concrete, asphaltic concrete or other approved paving.
4. 
No driveway located in the front yard shall exceed twenty (20) feet in width. There shall be only one (1) driveway and a circle drive shall have a minimum radius of forty (40) feet. Driveways and surfaced parking areas shall not occupy more than fifty percent (50%) of a front yard.
5. 
All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard or side yard except in a driveway. Vehicles may be parked in a rear yard, but all vehicles parked in a rear yard must be parked within the setback lines of that lot.
6. 
Recreational vehicles shall not be parked in the street or public right-of-way. Recreational vehicles parked on a lot shall only be parked behind the front as-built line of the lot's primary structure. For all corner lots, recreational vehicles must be parked behind both front as-built lines of the lot's primary structure.
7. 
Notwithstanding the restrictions set forth in Subsection (B)(6) above, a recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure as follows:
a. 
A recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure for a period not to exceed seventy-two (72) consecutive hours (such period herein referred to as a "recreational vehicle parking exception");
b. 
A recreational vehicle exception period shall not occur within five (5) days of another recreational vehicle exception period on the same lot;
c. 
No more than six (6) recreational vehicle exception periods shall occur on a single lot per calendar year;
d. 
Such recreational vehicle must be parked on a driveway;
e. 
Such recreational vehicle must be owned by the owner of the lot, or the lot owner's lessee, invitee, or guest.
8. 
Vehicles with a length in excess of twenty-seven (27) feet, including any load carried, held, or borne by that vehicle, shall not be parked in this district.
9. 
Trucks and trailers designed and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, buses and construction vehicles are prohibited from parking in this district. Any vehicle, excluding recreational vehicles, in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.
10. 
Vehicles, including recreational vehicles, which are unlicensed, inoperable, unregistered, or in a state of disrepair shall not be parked in this district, unless parked within an enclosed structure.
11. 
The total number of vehicles, including recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.
12. 
Exceptions. Any type of 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.
13. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.225 Area Requirements.

[CC 1997 §§26-7.5 — 26-7.59; Ord. No. 681 §2, 2-14-2005; Ord. No. 693 §2, 10-10-2005]
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. Eight (8) feet.
D. 
Minimum Aggregate Width Of Side Yard. Sixteen (16) feet. However, where a lot of record existing at the time of passage of this Chapter is less than fifty (50) feet wide, the required side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
E. 
Minimum Depth Of Rear Yard. Thirty (30) feet.
F. 
Minimum Lot Area Per Family. Five thousand (5,000) square feet.
G. 
Minimum Width Of Lot. Eighty (80) feet measured at the required building line.
H. 
Yards, Generally.
1. 
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.
2. 
There shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front yard or in front of the main building.
I. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.230 Height Requirements.

[CC 1997 §§26-7.6 — 26-7.62]
A. 
The maximum height is thirty-five (35) feet or two and one-half (2½) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.232 Additional Lot Coverage Regulations.

[Ord. No. 738 §3, 6-11-2007]
A. 
A maximum floor area ratio (FAR) of thirty-five percent (35%) is permitted. Notwithstanding, primary structures with an adjusted gross floor area up to two thousand eight hundred (2,800) feet are permitted, provided all other height and area regulations are met without variance.
B. 
Total ground area covered by all buildings, including accessory buildings, shall not exceed forty percent (40%) of the lot size.

Section 405.235 Purpose.

[CC 1997 §26-8]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "PRD" Planned Residential District. Such districts shall be designed and developed as a unit according to an approved plan under the procedure for Planned Districts (Article VII). The Planned Residential District provides through site development plan approval (Section 405.710) for the development, protection and conservation of single-family detached residences and attached single-family dwellings in the form of town houses or duplexes, either on deeded lots or under condominium ownership, at a density not to exceed twelve (12) dwelling units per acre, excluding public rights-of-way.

Section 405.240 Permitted Uses.

[CC 1997 §26-8.1]
A. 
A building or premises shall be used only for the following purposes:
1. 
Single-family dwelling (detached).
2. 
Attached single-family dwelling including town houses and duplexes.

Section 405.245 Accessory Uses.

[CC 1997 §§26-8.2 — 26-8.26; Ord. No. 668 §1, 4-19-2004]
A. 
Uses subordinate to that of the main building may include:
1. 
Accessory buildings including private garages.
2. 
Home occupation carried on wholly within the residence or in any accessory building. The definition of what occupations constitute a home occupation and stated limitations on such an accessory use is described in Section 405.055, Definitions.
3. 
Swimming pools, including fencing in accordance with Section 405.555.
4. 
One (1) name plate sign may occupy required yards provided such sign is not more than seventy-five hundredths (.75) square foot in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.
5. 
Accessory buildings which are not a part of the main building may be built in a required rear yard, but such accessory buildings shall not be nearer than five (5) feet to any side or rear lot lines nor nearer than ten (10) feet from any other building on the property, nor shall any combination of such accessory buildings occupy more than thirty percent (30%) of the required rear yard. There shall not be more than two (2) accessory buildings with a maximum ground floor area of one thousand (1,000) square feet. Accessory structures shall be of a height at the ridge line less than that of the primary structure at the ridge line or 1.5 stories, whichever is less. Any half story "habitable" space may not exceed forty percent (40%) of the accessory structure ground floor area. In determining "habitable" space for the half story, all areas with at least a minimum ceiling height of seven (7) feet shall be counted towards the forty percent (40%).
6. 
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material requires a permit. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

Section 405.247 Additional Garage Requirements.

[Ord. No. 738 §2, 6-11-2007]
A. 
Front entry attached garages are permitted if more than forty percent (40%) of the single-family dwellings on both sides of the street of the same block have front entry garages. When the vehicle doors face a street, the following standards must be met:
1. 
For single-family dwellings with front elevation widths of forty-four (44) feet or greater, garage width shall be limited to a maximum of forty-two percent (42%) of the front elevation or twenty-two (22) feet, whichever is greater.
2. 
For single-family dwellings with front elevation widths less than forty-four (44) feet, garage width shall be limited to a maximum of fifty percent (50%) of the front elevation.
3. 
The garage portion off the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
4. 
For single-family dwellings located on corner lots, the above regulations shall apply to the primary front elevation as determined by City staff.
5. 
For single-family dwellings with a garage constructed below the first (1st) floor to the natural grade of the site, garages up to twenty (20) feet wide are permitted regardless of total front elevation width.
6. 
For the purpose of determining garage width as used in Subdivisions (1) and (2) above, "garage width" is defined as that portion of the exterior elevation which, by virtue of front facade off-set, vehicle door placement, roof lines and/or other exterior architectural treatment, is clearly discernable as space designated for parking of automobiles and similar vehicles.
B. 
Side/Rear Entry Attached Garages. When the vehicle doors do not face a street, the garage portion of the front elevation may project a maximum of six (6) feet beyond the remainder of the front elevation provided that if the garage projects four (4) or more feet beyond the remaining front elevation, then an architecturally integrated covered porch shall extend along the remainder of the front elevation.
C. 
Detached Garages. One (1) detached garage with a ground floor area of up to forty percent (40%) of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to four hundred eighty (480) square feet but shall not exceed nine hundred sixty (960) square feet. Detached garages must comply with all regulations for accessory structures and the square footage of a detached garage shall count toward the maximum allowed ground floor area of all accessory structures on a property.

Section 405.250 Conditional Uses.

[CC 1997 §26-8.3]
A. 
A building or premise 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. 
Day care centers.
2. 
Public utility owned facilities.

Section 405.255 Parking Requirements.

[CC 1997 §§26-8.4 — 26-8.42]
A. 
Number Of Required Off-Street Parking Spaces.
1. 
Single-family dwelling — two (2) parking spaces.
B. 
Additional Parking Requirements.
[Ord. No. 943, 7-19-2023]
1. 
Off-street parking for non-residential uses in residential districts must be approved by the conditional use procedure described in Section 405.625 of this Chapter.
2. 
The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.
3. 
Any new driveway, existing driveway widened from a single driveway to a double driveway or repaving of an existing driveway shall be constructed of concrete, asphaltic concrete or other approved paving.
4. 
No driveway located in the front yard shall exceed twenty (20) feet in width. There shall be only one (1) driveway and a circle drive shall have a minimum radius of forty (40) feet. Driveways and surfaced parking areas shall not occupy more than fifty percent (50%) of a front yard.
5. 
All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard or side yard except in a driveway. Vehicles may be parked in a rear yard, but all vehicles parked in a rear yard must be parked within the setback lines of that lot.
6. 
Recreational vehicles shall not be parked in the street or public right-of-way. Recreational vehicles parked on a lot shall only be parked behind the front as-built line of the lot's primary structure. For all corner lots, recreational vehicles must be parked behind both front as-built lines of the lot's primary structure.
7. 
Notwithstanding the restrictions set forth in Subsection (B)(6) above, a recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure as follows:
a. 
A recreational vehicle may be parked in front of the front as-built line(s) of the lot's primary structure for a period not to exceed seventy-two (72) consecutive hours (such period herein referred to as a "recreational vehicle parking exception");
b. 
A recreational vehicle exception period shall not occur within five (5) days of another recreational vehicle exception period on the same lot;
c. 
No more than six (6) recreational vehicle exception periods shall occur on a single lot per calendar year;
d. 
Such recreational vehicle must be parked on a driveway;
e. 
Such recreational vehicle must be owned by the owner of the lot, or the lot owner's lessee, invitee, or guest.
8. 
Vehicles with a length in excess of twenty-seven (27) feet, including any load carried, held, or borne by that vehicle, shall not be parked in this district.
9. 
Trucks and trailers designed and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, buses and construction vehicles are prohibited from parking in this district. Any vehicle, excluding recreational vehicles, in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.
10. 
Vehicles, including recreational vehicles, which are unlicensed, inoperable, unregistered, or in a state of disrepair shall not be parked in this district, unless parked within an enclosed structure.
11. 
The total number of vehicles, including recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.
12. 
Exceptions. Any type of 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.
13. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.260 Area Requirements.

[CC 1997 §§26-8.5 — 26-8.59; Ord. No. 637 §1, 10-14-2002]
A. 
The Planned Residential District and its plan per Article VII Sections 405.600 et seq. shall have a maximum density of ten (10) dwelling units per acre.
B. 
Minimum Average Area Per Family. Ten thousand (10,000) square feet for detached single-family residence; four thousand (4,000) square feet for attached single-family residence.
C. 
Minimum Depth Of Front Yard. Thirty (30) feet for detached single-family residence; twenty (20) feet for attached single-family residence.
D. 
Minimum Width Of Side Yard. Eight (8) feet for detached single-family residence; zero (0) feet for a single-family residence attached on both sides and eight (8) feet on the unattached side for a single-family residence attached on only one (1) side.
E. 
Minimum Depth Of Rear Yard. Thirty (30) feet for detached single-family residence; twenty (20) feet for attached single-family residence.
F. 
Minimum Width Of Lot. Eighty (80) feet measured at the required building line for detached single-family residence; thirty-five (35) feet measured at the required building line for each duplex-type attached single-family residence; twenty (20) feet measured at the required building line for each town house type attached single-family residence.
G. 
Yards, Generally.
1. 
Every part of a required yard shall be open to the sky, unobstructed except for detached accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.
2. 
There shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front yard or in front of the main building.
H. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.
I. 
Minimum Floor Area Per Dwelling Unit. One thousand three hundred (1,300) square feet for detached single-family residence; one thousand two hundred (1,200) square feet for attached single-family residence.

Section 405.265 Height Requirements.

[CC 1997 §§26-8.6 — 26-8.62]
A. 
The maximum height is thirty-five (35) feet or two and one-half (2½) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.267 Additional Lot Coverage Regulations.

[Ord. No. 738 §3, 6-11-2007]
A. 
A maximum floor area ratio (FAR) of thirty-five percent (35%) is permitted. Notwithstanding, primary structures with an adjusted gross floor area up to two thousand eight hundred (2,800) feet are permitted, provided all other height and area regulations are met without variance.
B. 
Total ground area covered by all buildings, including accessory buildings, shall not exceed forty percent (40%) of the lot size.

Section 405.270 Site Design Review.

[CC 1997 §§26-8.7 — 26-8.71]
All construction must meet the site design review requirements of Section 405.710.

Section 405.275 Planned Residential District - Procedure.

[Ord. No. 637 §2(26-8.8 — 26-8.87), 10-14-2002]
A. 
Scope Of Provisions. This Section contains the regulations of the Planned Residential District (PRD) procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter that are incorporated as part of this Section by reference. In the event of conflict between such regulations, the "PRD" regulations shall be applied.
B. 
Statement Of Intent. The intent of this Section is to provide a voluntary and alternate zoning procedure to permit flexibility in building types, to encourage economic and energy efficient subdivision design, to permit increased density in appropriate circumstances and to encourage the provision of supporting community facilities in the development of diverse, sound, urban developments under conditions of approved site and development plans.
C. 
Permitted Uses. Notwithstanding any provision in this Chapter to the contrary, the specific ordinance authorizing the establishment of a particular Planned Residential District or development plan thereunder related to a specific tract of land may further limit the uses (whether primary, accessory or conditional) permitted on the tract.
D. 
Development Plan Information. A development plan shall be prepared and submitted to the Planning and Zoning Commission. The development plan shall comply with the provisions of Sections 405.715(C), 405.720, 405.725 and 405.730.
E. 
Supplemental Data. The following data and information shall also be submitted with the development plan:
1. 
Sketch of floor plans and elevations of typical buildings to indicate the architectural character of the buildings including statements regarding types of construction.
2. 
Estimates of volumes of traffic movements to and from the completed project from the boundary streets.
3. 
A preliminary schedule for completion of the entire project.
4. 
A statement regarding the proposed method of operating and maintaining the project.
F. 
Procedures. The procedures shall be as detailed in Article VII Section 405.600, et seq. of this Code, except as provided below.
G. 
Time Periods For Submission Of Plans And Commencement Of Construction. A final development plan shall be filed with the Planning and Zoning Commission for its approval without public hearing or further recommendation to the Board of Aldermen within twelve (12) months following the enactment of an ordinance approving the Planned Residential District. The final development plan shall conform with the initial development plan approved by the ordinance and the Planning and Zoning Commission shall have the discretion to approve minor changes in the development plan both before and after filing with the Planning and Zoning Commission, which are not inconsistent with the purpose or intent of this Section, without referring same to the Board. If the final development plan is not filed within the twelve (12) month period referred to above or any extension that may be granted by the Board, then upon the expiration of said period or periods, the Board may after recommendation by the Planning and Zoning Commission enact an ordinance repealing the approval of the Planned Residential District.
H. 
Rezoning Procedures. Rezoning of a specific tract of land to a Planned Residential District and/or the approval of a revised final development plan shall proceed in accordance with provisions of Section 405.750 et seq. of this Zoning Code.

Section 405.280 Purpose.

[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.

Section 405.285 Permitted Uses.

[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.

Section 405.290 Accessory Uses.

[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.

Section 405.295 Conditional Uses.

[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]

Section 405.300 Conditional Use as Motor Vehicle Oriented Business.

[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.

Section 405.305 Special Outside Display Permits.

[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.

Section 405.310 Parking Requirements.

[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.
22. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.315 Loading Requirements.

[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.
2. 
Enlargements and extensions. No building or part thereof heretofore erected which is used for any of the purposes specified in Section 405.280 et seq., shall hereafter be enlarged or extended unless off-street loading space is provided in accordance with the provisions of this Chapter.

Section 405.320 Area Requirements.

[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).
F. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.325 Height Requirements.

[CC 1997 §§26-9.8 — 26-9.82]
A. 
The maximum height is forty-five (45) feet or 3 stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.330 Site Design Review.

[CC 1997 §§26-9.9 — 26-9.91]
All construction must meet the site design review requirements of Section 405.710.

Section 405.335 Purpose.

[CC 1997 §26-10]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 8, are the regulations in the "PCD" Planned Commercial District.

Section 405.340 Permitted Uses.

[CC 1997 §26-10.1]
A. 
A building or premises shall be used for the following purposes:
1. 
Retail sales, including, but not limited to, appliance, bakery, carpeting, clothing, fabrics, food store, furniture store, garden shop, hardware store, hobby shop, jewelry store, radio and T.V. store and sporting goods.
2. 
Financial institutions, including, but not limited to, banks, savings and loans, stockbrokers and title companies.
3. 
Offices, including, but not limited to, accounting, architect, business, dental, insurance, law and real estate.
4. 
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. Any use judged by the Commission to be dissimilar is not permitted.

Section 405.345 Accessory Uses.

[CC 1997 §§26-10.2 — 26-10.23]
A. 
Uses subordinate to that of the major uses of the plan may include:
1. 
Accessory buildings and uses customarily incident to permitted or conditional 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.

Section 405.350 Conditional Uses.

[CC 1997 §26-10.3]
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. 
Schools and academies, including, but not limited to, art, business, computer, dancing, day care centers and music.
2. 
Offices, including, but not limited to, legislative and judicial functions.
3. 
Public utility owned facilities
4. 
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. Any use judged by the Commission to be dissimilar is not permitted.
5. 
Medical marijuana dispensary facility.
[Ord. No. 879, 10-14-2019]
6. 
Medical marijuana cultivation facility, entirely within an enclosed building.
[Ord. No. 879, 10-14-2019]
7. 
Medical marijuana-infused products manufacturing facility.
[Ord. No. 879, 10-14-2019]
8. 
Medical marijuana testing facility.
[Ord. No. 879, 10-14-2019]

Section 405.355 Parking Requirements.

[CC 1997 §§26-10.4 — 26-10.42]
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 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. 
Financial institutions. Four and one-half (4½) spaces for every one thousand (1,000) square feet of gross floor area (excluding areas under canopy).
2. 
Retail sales. Five and one-half (5½) spaces for every one thousand (1,000) square feet of gross floor area.
3. 
Furniture stores. Three (3) spaces for every one thousand (1,000) square feet of gross floor area.
4. 
Garden shops. 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.
5. 
Food store. Six and one-half (6½) spaces for every ten thousand (10,000) square feet of gross floor area.
6. 
Dental offices. 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.
7. 
Offices. Three and one-third (3⅓) spaces for every one thousand (1,000) square feet of gross floor area.
8. 
Schools. Three (3) spaces for every classroom.
9. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.360 Loading Requirements.

[CC 1997 §§26-10.5 — 26-10.52]
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.
2. 
Enlargements and extensions. No building or part thereof heretofore erected which is used for any of the purposes specified in 405.280 et seq., shall hereafter be enlarged or extended unless off-street loading space is provided in accordance with the provisions of this Chapter.

Section 405.365 Area Requirements.

[CC 1997 §§26-10.6 — 26-10.64; Ord. No. 616 §1, 6-11-2001]
A. 
The minimum building setback on all boundaries of the plan area shall be thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and fifty (50) feet for three-story buildings.
B. 
The aggregate gross area of all buildings shall not exceed twenty-five percent (25%) of the entire area covered by the plan.
C. 
A commercial development consisting of the permitted and conditional uses shall be designed as a whole in conformance with the approved plan.

Section 405.370 Height Requirements.

[CC 1997 §§26-10.7 — 26-10.72]
A. 
The maximum height is forty-five (45) feet or three (3) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.375 PCD Development Plan - Petition - Single Ownership, Management or Control.

[Ord. No. 616 §3, 6-11-2001]
A. 
A Planned Commercial District shall be developed only upon submission and acceptance of an approved development plan submitted simultaneously with the establishment of a District, or subsequent thereto, as provided by this Chapter, in order to provide for modern commercial districts and shopping and office centers of integrated design.
B. 
Planned Commercial District may be requested by application or petition. The owners or option holders of any tract of land may submit to the Board of Aldermen a plan for the use and development of all or part of such tract for the purposes of and meeting the requirements set forth in this Section.
C. 
In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities of each tract so zoned shall be in single ownership or under the management or supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this Section.

Section 405.380 Permitted, Conditional, Accessory Uses.

[Ord. No. 616 §3, 6-11-2001]
Notwithstanding any provision in this Chapter to the contrary, the specific ordinance authorizing the establishment of a particular Planned Commercial District or development plan thereunder related to a specific tract of land may further limit the permitted, conditional and accessory uses allowed on the tract.

Section 405.385 Development Plan Information.

[Ord. No. 616 §3, 6-11-2001]
A. 
Initially, a preliminary development plan shall be prepared and submitted to the Planning and Zoning Commission and shall show or include:
1. 
A site plan with the location and size of buildings;
2. 
The uses to be made of buildings and the property;
3. 
The areas to be developed for parking, drives, walkways, recreation or other uses;
4. 
A general grading and landscaping plan;
5. 
The general location and type of utilities, including stormwater drainage as well as general details of all surfaced areas;
6. 
Sketch of floor plans and elevations of typical buildings to indicate the architectural character of the buildings including statements regarding types of construction;
7. 
Estimates of volumes of traffic movements to and from the completed project from the boundary streets;
8. 
A preliminary schedule for completion of the entire project; and
9. 
A statement regarding the proposed method of operating and maintaining the project.

Section 405.390 Planning and Zoning Commission Review.

[Ord. No. 616 §3, 6-11-2001]
A. 
The preliminary plan shall be referred to the Planning and Zoning Commission for study, a public hearing thereon and recommendation and report to the Board of Aldermen.
B. 
The Planning and Zoning Commission shall not act on the recommendation of any preliminary plan before holding a public hearing thereon, and prior to holding a public hearing on any proposed plan, at least 15 days' written notice thereof shall be given to all property owners within one hundred eight-five (185) feet of the boundary of the premises under consideration and at least fifteen (15) days' written notice thereof shall be given in a newspaper of general circulation.
C. 
After holding a public hearing on any proposed plan, the Planning and Zoning Commission shall make a recommendation to approve, disapprove, amend or modify the proposed preliminary plan and shall submit its report of such action to the Board of Aldermen for its consideration and action. The report shall include, but not by way of limitation, all documents comprising the preliminary plan referred to the Planning and Zoning Commission, the recommendation of the Planning and Zoning Commission with respect to such proposed plan, the reasons for approval, disapproval, amendment or modification of the proposed plan and how the preliminary plan meets the requirements of the Planned Commercial District as set forth in this Chapter.
D. 
If no report is transmitted by the Planning and Zoning Commission within ninety (90) days of the date of referral of such proposed plan to the Planning and Zoning Commission for study, public hearing and recommendation and report pursuant hereto, the Board of Aldermen may take action with respect to such proposed plan without further awaiting such report.

Section 405.395 Board of Aldermen Review and Approval.

[Ord. No. 616 §3, 6-11-2001]
The Board of Aldermen may approve, disapprove, amend or modify the preliminary plan and, after approval of a final development plan as provided herein, may amend the zoning district map in accordance with Section 405.750 et seq. In case of an adverse report by the Commission, such amendment, supplement, change, modification or repeal shall not become effective except by an affirmative vote of three-fourths (¾) of the total members that could be elected or appointed to the Board of Aldermen.

Section 405.400 Final Development Plan.

[Ord. No. 616 §3, 6-11-2001]
A final development plan shall be filed with the Planning and Zoning Commission for its approval without public hearing or further recommendation to the Board of Aldermen within twelve (12) months following the enactment of an ordinance that rezones the property affected thereby. The final development plan shall conform with the preliminary development plan as approved by the Board of Aldermen, and the Planning and Zoning Commission shall have the discretion to approve minor changes in the development plan both before and after filing with the Planning and Zoning Commission, which are consistent with the purpose or intent of this Section, without referring the same to the Board of Aldermen. If the final development plan is not filed within the twelve (12) month period referred to above, or any extension which may be granted by the Board of Aldermen, then upon the expiration of said period or periods, the Board of Aldermen may, after recommendation by the Planning and Zoning Commission, as provided in Section 405.750 et seq. of this Zoning Code, enact an ordinance repealing the change of zoning.

Section 405.405 Criteria for Reviewing Applications.

[Ord. No. 616 §3, 6-11-2001]
A. 
In considering whether or not an application for a Planned Commercial District should be granted, it shall be the duty of the Planning and Zoning Commission and the Board of Aldermen to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the planned use or uses, the Commission and the Board should consider the following:
1. 
The appropriateness of the proposed use or uses for the site in terms of land patterns in the entire City.
2. 
The compatibility with surrounding uses and compatibility with the surrounding neighborhood.
3. 
The comparative size, floor area and mass of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
4. 
The general appearance of the neighborhood will not be adversely affected by the location of the proposed use on the parcel.
5. 
The capacity of adjacent streets to handle increased traffic in terms of traffic volume.
6. 
The number of traffic movements generated by the proposed use or uses and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood, not in terms of the street's capacity to absorb the additional traffic, but rather in terms of any significant increase in hourly or daily traffic levels.
7. 
The requirements for public services where the demands of the proposed use is in excess of the individual demand of adjacent land uses in terms of police and fire protection, the presence of any potential or real fire hazards created by the proposed use.

Section 405.410 Compliance With Plan.

[Ord. No. 616 §3, 6-11-2001]
Structures, improvements and landscaping shall be built or installed and maintained in accordance with the final development plan as approved herein by the Board of Aldermen and the Planning and Zoning Commission. This will be in respect to all requirements of said plan and shall include, but not be limited to, the location of the structures, layout and improvement of off-street parking and loading areas, location and width of driveways, ingress, and egress to and from the site, grading, location and planting of landscaped areas and fencing and location and design of lighting and signs. Once said structures, improvement and landscaping have been built or installed, it shall be the duty of the owner or agent of the property, buildings or premises to maintain said structures, improvements and landscaping in accordance with the plan approved herein.

Section 405.415 Surety Bond or Escrow.

[Ord. No. 616 §3, 6-11-2001]
The applicant shall file a surety bond or escrow cash or equivalent to insure the removal of any improvements which are started but not completed in connection with a Planned Commercial Development, or to complete and carry out the construction plan of the Planned Commercial Development within three (3) years from the date of the approval of the plan by the Board of Aldermen or as extended by the Board. Such bond or escrow shall provide that the same is enforceable by the City for the purposes set out above if the applicant does not complete the development in accordance with the approved plan within the specified time. The amount of such bond shall be equal to five percent (5%) of the estimated cost of construction of commercial development improvements. The City Attorney shall approve the form and conditions of the surety bond or escrow agreement.

Section 405.420 Rezoning Procedure.

[Ord. No. 616 §3, 6-11-2001]
Rezoning of a specific tract of land to a Planned Commercial District and/or the approval of a revised Final Development Plan shall proceed in accordance with provisions of Section 405.750 et seq. of this Zoning Code.

Section 405.430 Purpose.

[CC 1997 §26-11]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 9, are the regulations in the "HU" Health Uses District.

Section 405.440 Permitted Uses.

[CC 1997 §26-11.1]
A. 
A building or premises shall be used for the following purposes:
1. 
Nursing homes.
2. 
Convalescent homes.
3. 
Homes for the aged.
4. 
Public utility owned facilities.

Section 405.450 Accessory Uses.

[CC 1997 §§26-11.2 — 26-11.23]
A. 
Uses subordinate to that of the main building may include:
1. 
Accessory buildings and uses customarily incident to the above uses including, but not limited to, medical or dental clinics, drug stores and offices for dental, laboratory testing or medical uses.
2. 
Where a lot is used for health purposes, 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.

Section 405.460 Conditional Uses.

[CC 1997 §26-11.3]
A. 
A building or premise 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. 
Residential or outpatient facilities for the treatment of alcohol and other drug abuse.
2. 
Medical marijuana dispensary facility.
[Ord. No. 879, 10-14-2019]

Section 405.470 Parking Requirements.

[CC 1997 §§26-11.4 — 26-11.42]
A. 
Location Of 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, pickup trucks and ambulances are permitted; however, vehicles in excess of twelve thousand (12,000) pounds gross vehicle weight are not permitted.
3. 
Exceptions. Any type commercial vehicle, regardless of vehicle weight, delivering or picking up health-related materials for delivery or employed in performing a repair or construction service may park for purposes of making such a 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.
B. 
Number Of Required Off-Street Parking Spaces.
1. 
Nursing homes, convalescent home, home for the aged or similar institution. One (1) parking space for each three (3) beds.
2. 
Medical or dental clinics. One (1) parking space for each one hundred fifty (150) square feet of floor area.
3. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.480 Area Requirements.

[CC 1997 §§26-11.5 — 26-11.55]
A. 
Minimum Depth Of Front Yard. Thirty (30) feet.
B. 
Minimum Width Of Side Yard. Thirty (30) feet.
C. 
Minimum Depth Of Rear Yard. Thirty (30) feet.
D. 
Minimum Width Of Lot. One hundred forty (140) feet measured at the required building line.
E. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.485 Height Requirements.

[CC 1997 §§26-11.6 — 26-11.62]
A. 
The maximum height is ninety (90) feet or six (6) stories.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.486 Additional Fees For Certain Land Use, Site And Building Applications.

[Ord. No. 902, 12-15-2021]
A. 
The filing fees specified for various land use reviews and approvals and construction, site and other permits required by this Code of Ordinances shall be paid to reimburse the City for expenses incurred in processing applications, including, but not limited to, stormwater, fire protection, costs of title research, surveys, legal and engineering review, costs of traffic and planning or other consultants employed by the City, publication expenses, expenses of notification to adjoining property owners, expenses of hearings, including rental of a hall, if necessary, court reporter, if requested by either the City or the applicant, and other investigations deemed necessary by the City.
B. 
In the event the specified filing fee or fees are reasonably estimated by the responsible City staff and the City Administrator to be insufficient to pay all anticipated expenses to be incurred by the City as described above, the City Administrator may at any time during the review and approval process specify an additional fee deposit to be required of the applicant. The amount of such additional deposit shall be sufficient to reasonably defray the City's anticipated and/or actual costs.
C. 
Processing and all other actions related to an application shall not proceed and any time limitations for City action pursuant to any provisions of this Code shall be stayed until any required additional deposit has been paid in full. Any and all unused portions of any additional sums required under this Section shall be refunded in full to the applicant on a timely basis after the application at issue is fully and finally approved.
D. 
Any applicant objecting to the reasonableness of the additional fee deposit required by the City Administrator or otherwise aggrieved by the Administrator's requirements may request that the Board of Aldermen hold a hearing at which testimony on the anticipated costs for processing the application shall be presented. The Board of Aldermen may increase, decrease or waive any additional deposit required pursuant to this Section and shall make written findings of fact as to the reasonableness and necessity of the anticipated expenses and required deposit.

Section 405.490 Site Design Review.

[CC 1997 §§26-11.7 — 26-11.71]
All new construction, additions to existing structures and expansion or improvement to parking areas must meet the site design review requirements of Section 405.710.

Section 405.495 Purpose.

[CC 1997 §26-12]
The regulations set forth in this Part or set forth elsewhere in this Chapter, when referred to in this Part 10, are the regulations in the "SP" Semi-Public District.

Section 405.500 Permitted Uses.

[CC 1997 §26-12.1]
A. 
A building or premises shall be used for the following purposes:
1. 
Public schools.
2. 
Public buildings or facilities including community center, library, museum or art gallery.
3. 
Public parks and recreation centers.
4. 
Public utility owned facilities.

Section 405.505 Accessory Uses.

[CC 1997 §§26-12.2 — 26-12.23]
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 public or semi-public purposes, 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.

Section 405.510 Conditional Uses.

[CC 1997 §26-12.3]
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. 
Churches.
2. 
Private schools and colleges.
3. 
Private institutions.
4. 
Private clubs, golf courses.
5. 
Private nurseries, preschools and day care centers.
6. 
Corporate administrative office use in conjunction with the conditional uses above.

Section 405.515 Parking Requirements.

[CC 1997 §§26-12.4 — 26-12.42]
A. 
Location Of Parking Spaces And Vehicle Types That May Be Parked.
1. 
Parking of passenger cars, station wagons, panel trucks, vans, pickup trucks and ambulances are permitted; however, vehicles in excess of twelve thousand (12,000) pounds gross vehicle weight are not permitted.
B. 
Number Of Required Off-Street Parking Spaces.
1. 
Church. One (1) parking space for each four (4) seats in the main auditorium.
2. 
College or school. One (1) parking space for each three (3) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
3. 
Community center, library, museum or art gallery. One (1) parking space for each two hundred fifty (250) square feet of floor area.
4. 
Private club. One (1) parking space for each three hundred (300) square feet of floor area.
5. 
Theater or auditorium (except school). One (1) parking space for each four (4) seats or bench-seating spaces.
6. 
Supplemental parking requirements are provided in Section 405.550 of this Chapter.

Section 405.520 Area Requirements.

[CC 1997 §§26-12.5 — 26.55]
A. 
Minimum Depth Of Front Yard. Thirty (30) feet.
B. 
Minimum Width Of Side Yard. Thirty (30) feet.
C. 
Minimum Depth Of Rear Yard. Thirty (30) feet.
D. 
Minimum Width Of Lot. One hundred forty (140) feet measured at the required building line.
E. 
Supplemental area requirements are provided in Section 405.545 of this Chapter.

Section 405.525 Height Requirements.

[CC 1997 §§26-12.6 — 26-12.62]
A. 
The maximum height is forty-five (45) feet or three (3) stories; churches or school buildings shall not exceed sixty (60) feet in height.
B. 
Supplemental height requirements are provided in Section 405.540 of this Chapter.

Section 405.530 Site Design Review.

[CC 1997 §§26-12.7 — 26-12.71]
All new construction to existing structures and expansion or improvement to parking areas must meet the site design review requirements of Section 405.710.