Oakland City Zoning Code
§ 59-66
Shopping centers.
A.
Permit issuance. No zoning permit shall be issued for a shopping center or expansion of any such shopping center until the plans and maps therefor shall have been approved by the Planning Board. In its review, which will take the form of a full site plan review, the Planning Board shall consider the effect of the proposed shopping center on:
(1)
Traffic movement on streets leading toward the shopping center and, in particular, the relation of increased volume to street capacity; the safety aspects of vehicular turning movements between said streets and the shopping center; the possible need for traffic control either by policemen, signals or other means; and the adequacy of on-site parking and loading.
(2)
Surrounding land uses and, in particular, the effect of proposed lighting, signs, noises, including the parking of vehicles, odors and fumes upon residential zones.
(3)
Whether the general welfare, health, safety and morals of the borough will be adversely affected.
B.
Controlling requirements. The following requirements are hereby established for control of shopping centers:
(1)
Uses permitted. In any shopping center the following uses only shall be permitted:
(a)
All uses permitted in the B-2 Districts with the exception that there shall not be permitted at any one time both a business structure and a dwelling structure on the same lot, nor shall any residential use be combined with a business use in the same building or structure.
(b)
Signs as permitted and regulated under § 59-65J hereof.
(2)
(3)
Parking and loading.
(b)
In addition there shall be provided loading space of sufficient area that no vehicle of any kind when using such loading space shall project into:
[1]
Any private right-of-way giving access to other such loading spaces or to required parking spaces; or into any public right-of-way.
[2]
One loading space shall be provided for each establishment within the shopping center, and one additional space shall be provided for each 10,000 square feet of floor area or major fraction thereof for any establishment therein having a floor area of more than 10,000 square feet.
(c)
No off-street parking or loading spaces or access thereto shall be located within 15 feet of a street line. Entrance or exit drives connecting such areas and the street shall be permitted across the fifteen-foot strip herein required.
(d)
Access drives to off-street parking or loading spaces shall meet the following requirements:
[1]
They shall not exceed in total aggregate width 20 feet for each 100 feet of street line abutting such lot.
[2]
Such drives shall be at least 60 feet in distance, measured along the street line, from the point of intersection of two intersecting streets or from a bend in the street line of one street, where the change in direction is 30° or greater.
[3]
Such drives shall have on each side a triangular clear space formed by the intersection of the driveway line, the street line and a straight line joining said lines at points 30 feet distant from their intersection. Within such triangular clear space, no parking, loading or unloading shall be permitted, nor shall there be located therein any sign, fence or other structure or plantings over 2 1/2 feet in height.
(e)
Parking spaces shall be clearly marked and shall be suitably paved, drained and maintained.
(f)
There shall be platform areas for passengers and parcel pickup where needed.
(g)
All trees and shrubs shall be adequately protected from damage resulting from traffic movement by curbing between parking aisles, or similar protective measures.
(h)
There shall be designed pedestrian walks and circulation ways to provide safe, adequate and convenient access between the parking areas and stores.
(i)
Each building requiring truck loading shall have designated truck-loading areas, clearly marked and restricted to that purpose only.
(4)
Screening and landscaping. Shopping centers shall have landscaping and screening so as to make them aesthetically pleasing and to provide screening from adjoining properties and in parking areas in a manner acceptable to the Planning Board determined under its Site Plan review as set forth in Article VI of this chapter.
(5)
There shall be no posters, markings or signs on the exterior of store windows.
(6)
There shall be no outside storage of trash and refuse, except in designated, enclosed, pickup areas.