CHAPTER 6

COMMERCIAL DISTRICT PROVISIONS

 

600      Purposes

610      Principal Uses

620      Accessory Uses

630      Bulk and Area Requirements

640      Special Exception Uses, Requirements

650      Location of Sexually Oriented Businesses

660      Site Plan Review

SECTION 600            PURPOSES OF COMMERCIAL DISTRICTS

600.1   General Purposes

The Commercial Districts are designed to:

A.        Achieve the commercial objectives of the Comprehensive Plan.

B.         Meet the needs for commercial services and goods of the trade area.

C.        Preserve and promote the development of efficient commercial facilities and encourage a compatible relationship between commercial facilities and other land issues and thoroughfares by:

            1.         Differentiating the types and purposes of commercial activities.

            2.         Establishing bulk and area controls.

            3.         Requiring off-street loading and parking facilities.

4.         Protecting the character of commercial districts and their peculiar suitability for commercial uses.

600.2   Purposes of the CS Shopping Center District

The CS District is designed to accommodate convenience, neighborhood, sub-community, community, and regional shopping centers providing a wide range of retail and personal service uses.

600.3      Purposes of the CG General Commercial District

The CG District is designed to:

A.        Accommodate existing development of mixed commercial uses which are well established, while providing a degree of protection to adjacent residential areas.

B.         Accommodate the grouping of certain commercial and light industrial uses which are compatible with one another.

600.4   Purposes of the CH Commercial High Intensity District

The CH District is designed to accommodate high intensity commercial and related uses.

SECTION 610            USES PERMITTED IN COMMERCIAL DISTRICTS

610.1   Uses within the CS Commercial District

The principal uses permitted in the CS Commercial District are: abstract company, advertising agency, ambulance service, antique shop, appliances store or repair, art gallery, artist supply store, artist’s studio, automotive parts and accessories store, bakery (retail), barber shop, bicycle shop, billiard parlor, book store, bowling alley, broadcasting or recording studio, bus station, business machine sales, candy store, cafeteria, caterer, church, clothing store, coffee shop, college, community center, computing service, confection shop, copying service, cosmetic shop, costume or uniform rental, dairy store, dance hall, data processing service, delicatessen, dental clinic and laboratory, department store, drafting service, dressmaking shop, drug store, dry cleaning, dry goods store, employment agency, enclosed recreation establishments, financial institution, fire protection facility, florist, food specialty store, funeral home, furniture store, garden supply, gasoline service station, general business offices, gift shop, grocery, gunsmith, gymnasium, hardware, health club, health food store, hobby shop, home furnishing store, hospital, hotel, ice cream store, interior decorating or design, jeweler, leather goods, library, laundry, liquor store, locksmith, medical offices, medical clinics, medical laboratories, motel, motion picture theater (enclosed), music store, newsstand, novelty shop, nut shop, office machine sales, optician or optical offices, optician or optical laboratories, paint store, park, pawn shop, pet shop, photographic supply store, photography studio, post office, prescription pharmacy, racquet ball club, restaurant, rifle range (enclosed), school, shoe repair, shoe store, skating rink (enclosed), slot car track, souvenir shop, sporting goods, stationary store, studio for teaching ballet, dance, drama, fine arts, music, language, business, or modeling, swimming pool (enclosed), tailor, tavern, tennis court, tobacco store, toy store, transportation ticket office, travel agency, variety store, veterinary clinic (excluding outside animal runs), wallpaper store, and weight reduction center.

The special exception uses permitted in the CS Commercial District are: agricultural implement sales, air conditioning and heating service, aircraft sales, auctioneer, auto wash, automobile rental, automobile sales, bait shop, bakery (wholesale), bindery, boat sales, bottled gas sales, cabinet maker, camper sales, carpet store, contract construction service, copying services, disinfecting services, drapery service, exterminating services, fence construction establishment, frozen food locker, fuel oil sales, greenhouse (retail), heating equipment, janitorial service, kennel, linen supply, lumber yard, monument sales, motorcycle sales, plastic materials sales, plumbing shop, portable storage building sales, printing and publishing, rug cleaning, taxidermist, vehicle repair, vending sales and services, window cleaning, and woodworking shop.

 

610.2   Uses within the CG Commercial District

The principal uses permitted in the CG Commercial District include all the principal uses permitted in the CS Commercial District plus: agricultural implement sales, air conditioning and heating service, aircraft sales, auctioneer, auto wash, automobile rental, automobile sales, bait shop, bakery (wholesale), bindery, boat sales, bottled gas sales, cabinet maker, camper sales, carpet store, contract construction service, copying services, disinfecting services, drapery service, exterminating services, fence construction establishment, frozen food locker, fuel oil sales, greenhouse (retail), heating equipment, janitorial service, kennel, linen supply, lumber yard, monument sales, motorcycle sales, plastic materials sales, plumbing shop, portable storage building sales, printing and publishing, rug cleaning, taxidermist, vehicle repair, vending sales and services, window cleaning, and woodworking shop.

The special exception uses permitted in the CG Commercial District are: arena, commercial camp ground, drag strip, drive-in theater, fairgrounds, Frisbee golf course, go-cart track, golf driving range, miniature auto track, outdoor recreation, race tracks (auto, dog, and horse), rodeo grounds, skateboard track, shooting range (outdoor), stadium, truck rentals, waterslide, and wholesale establishments.

610.3   Uses within the CH Commercial District

The principal uses permitted in the CH Commercial District include all the principal uses permitted in the CG Commercial District plus: truck rental, trucking establishments and warehouses.

The special exception uses permitted in the CH Commercial District are: arena, commercial camp ground, drag strip, drive-in theater, fairgrounds, Frisbee golf course, go-cart track, golf driving range, miniature auto track, outdoor recreation, race tracks (auto, dog, and horse), rodeo grounds, skateboard track, shooting range (outdoor), stadium, and waterslide.

SECTION 620            ACCESSORY USES PERMITTED IN COMMERCIAL DISTRICTS

620.1   Accessory Uses Permitted

Accessory uses customarily incident to a principal use permitted in a Commercial District are permitted in such district.

620.2   Accessory Use Conditions

A.        Accessory buildings shall meet the minimum building setback lines of the applicable district.

B.         An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

SECTION 630            BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS

Table 1

BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICT

                              REQUIREMENTS

      CS

      CG

     CH

Frontage (Min. Ft.)

            Arterial and Freeway Service Road

            Non-Arterial

 

150

50

 

150

50

 

N/A

N/A

Floor Area Ratio (maximum)

      .50

      .75

     N/A

Setback from Centerline of Abutting Street (Min Ft.):

            To the setback distance shown, add ˝ of the right-of-way width designated on the Major Street Plan, or 25 feet is the street is not designated.

                        Arterial and Freeway Service Road

                        Non-Arterial    

 

 

 

 

 

50

10

 

 

 

 

 

40

10

 

 

 

 

 

N/A

N/A

Setback from Abutting R District Boundary (Min. Ft.)

     20*

     20*

     20*

Building Height (Max. Ft.)

N/A

N/A

N/A

*          Plus 2 feet of setback for each 1 foot building height exceeding 15 feet if the abutting property is within an RE, RS, RD or RTH District.

 

SECTION 640            SPECIAL EXCEPTION USES IN COMMERCIAL DISTRICTS, REQUIREMENTS

All special exception uses shall comply with the bulk and area requirements of the use district in which located.

SECTION 650            LOCATIONS OF SEXUALLY ORIENTED BUSINESSES

650.1   Definitions

As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows:

1.         Sexual Conduct includes the following:

            A.        The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

            B.         Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy;

            C.        Masturbation, and;

            D.        Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above.

 

2.         Specified Anatomical Areas includes the following:

 

A.        Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.

B.         Human male genitals in a discernible turgid state, even if completely and opaquely covered.

For the purpose of this Ordinance, sexually-oriented businesses are defined as follows:

1.         Adult Amusement or Entertainment:  Amusement or entertainment which is distinguished or characterized by an emphasis on acts or materials depicting, describing or relating to Sexual Conduct or Specified Anatomical Area, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

  2.       Adult Bookstore:  An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

  3.       Adult Mini Motion Picture Theater:  An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

  4.       Adult Motel:  A motel wherein material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

  5.       Adult Motion Picture Arcade:  Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

  6.       Adult Motion Picture Theater:  An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

  7.       Massage Parlor:  Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with Sexual Conduct or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas.

  8.       Model Studio:  Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

  9.       Sexual Encounter Center:  Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devises or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities.

650.2   Prohibition

No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than “CH” and “CG”. In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650.1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a nonarterial street which provides access to a residentially zoned area. Provided further that the Board of Adjustment may permit by Special Exception sexually oriented businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance limitations set forth herein.  

 

The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1.

 

Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws.

SECTION 660            SITE PLAN REVIEW

660.1 Purposes

By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval by the Community Development Department, after review by the Technical Advisory Committee, is required for all commercial developments for the purpose of assuring proper accessibility, circulation, functional relationships of uses and compatibility with adjoining and nearby development.  No building permit shall be issued, nor use commenced within this development, except in accordance with an approved site plan.

660.2 Application for Site Plan Review

An application for site plan review shall be filed with the Community Development staff.  The plan must show information showing compliance with applicable sections of this code and all other applicable city codes and ordinances.  Appeals from denial of the Community Development staff shall be made to the City Council.

 

Site Plan application packets must be submitted to the Community Development Department no later than the 1st Business Day of the Month in which the Owasso Technical Advisory Committee will address the Site Plan.  The Site Plan shall be accompanied by an application and checklist, as provided by the City Planner, in the following format and with the following information:

 

  • Fifteen (15) Full Size Copies (24”x 36”)*
  • Ten (10) ˝ Scale Copies*
  • One 8 ˝” x 11” Copy

 

*Plans should be folded to be no larger than 9”x12” in size

 

  • One Digital Copy (dwg. Format)
  • Completed application, $25.00 fee.
  • Owner authorization to proceed with application.  Attach copy if applicant is not record  owner’s agent.

 

SITE PLAN REQUIREMENTS:

 

  • Date, Indication of the scale (Minimum Scale 1”=100’, 1”=20’ preferred), bar scale, north arrow and location map (does not have to be drawn to scale).

 

  • Sufficient surrounding area to demonstrate the relationship of the development to adjacent uses, both existing and proposed based on topographic and/or ALTA survey or previously approved site plan.  The base information should include, but not be limited to, the existing topographic character of site including trees, mass vegetation, wetland delineation, etc., extending onto adjacent property a minimum of 40 feet.

 

  • Location of all floodplain boundaries and notation of FEMA Flood Insurance Rate Map (FIRM) with which the site is associated.

 

  • Location and size of existing water, sanitary sewer, stormwater systems, natural gas, telephone, cable, electric and any other utility adjacent to or proposed to serve the site.

 

  • Location and dimensions of required building setbacks, landscape setbacks and\or easements.

 

  • Zoning and land uses of all adjacent properties.

 

  • Location and size of all existing and proposed parking areas including driving, maneuvering lanes, and loading areas or berths.

 

  • The location and dimension of all existing and proposed curb lines, driveways and neighboring street intersections within 150’ of project.

 

  • The location of all existing and proposed storm water conveyance structures.

 

  • Proposed stormwater detention facilities and structures.

 

  • Outdoor Lighting Plan

Included on the site plan or as a separate sheet, if necessary, locate all illuminating devices and include a description of each device, fixture, lamp, support, reflector, pole, foundation/footing and other device (including but not limited to manufacturers or electric utility catalog specification sheets).  There should also be a table included on the plan that indicates the fixture classification (i.e. cutoff fixture, wall pack, flood light, etc.).

 

For projects that will likely impact nearby residential developments, a photometric plan (a point-by-point footcandle array in a printout format indicating the location and aiming of illuminating devices) will be required.

 

Site Plans must show and/or dimension the following information:

·        Existing and Proposed Right-of-way and easements should be shown and dimensioned.

·        Parcel/Lot Dimensions. (Tie to street monument)

·        Existing and proposed rights-of-way improvements (curb/gutter/sidewalk/driveways).

·        Driveway locations and widths.

·        Existing and proposed street names and classifications.

·        Existing and proposed driveways along with size of drive.

·        Raised islands, existing and proposed traffic signals and other traffic control devices.

 

Site Plans must show the following information on all existing and proposed buildings and structures:

·        Location

·        Dimension and square footage.

·        Building height.

·        Proposed building finished floor elevation

·        Dimension building(s) to property lines and distances between buildings

·        Label each building with the proposed use

 

Site Plans must show the following information regarding existing streets adjacent to the development site:

·        Right-of-way and pavement widths.

·        Existing, proposed and anticipated street names and classifications.

·        Existing and/or proposed access points.

·        Acceleration and deceleration lanes (required on arterial streets).

·        Traffic Island and other traffic control devices.

·        Proposed curb cuts, service drives and drainage survey indicating that stormwater flow will not be adversely affected.

 

  • Pedestrian walkways or sidewalks including curb ramps where required.

 

  • Location and length of queuing areas for drive through service areas. 

 

  • Location of proposed retaining walls (include detail and cross-section).

 

  • Show and label screening/buffering from adjacent Residential uses.

 

  • Trash enclosure (include detail).

 

  • Location, height and material of fences.

 

  • Location, height, size, and type of any proposed ground sign (signs are approved by separate permit).

 

  • Show all phases of development for each lot/site plan (if applicable).

 

  • Location of all planned landscape areas.

 

Plan data table including the following information:

·        Site Area (Gross and Net)

·        Gross Building Area

·        Percent of Lot Coverage (show calculation)

·        Parking Required and Provided (including ADA accessible)

 

Site Plans must also provide a narrative statement explaining the character of the development (i.e. eating place, convenience goods, intensive outdoor recreation, etc).