[CC 1961 §23.01; Ord. No. 2974 §23.01, 6-20-1988]
In order to promote the health, safety, and general welfare of the community; to classify, regulate and restrict the location of trades, industries and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; and to regulate and determine the area of yards, courts and other open spaces within surrounding buildings, all of the land in the City shall be zoned and divided as provided in this Chapter.
[CC 1961 §23.02; Ord. No. 2974 §23.02, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3218 §1, 9-8-1992; Ord. No. 3758 §1, 11-19-2007]
For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
- Academies are, included but not limited to business, commercial, computer, dance, physical fitness, martial arts, music, trade and vocational institutions of learning, with an enrollment of one (1) to twenty-five (25) students.
- ACCESSORY BUILDING
- A subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.
- ACCESSORY USE
- A subordinate use which is incidental to that of the main building and which is located in the same lot with such main building.
- ADULT DAY CARE CENTER
- An establishment which undertakes through its ownership or management to provide basic services to three (3) or more adults, not related to the owner/operator, for period of less than twenty-four (24) hours a day on a regular basis in a place other than the adult's home.
- A public or private thoroughfare which affords only a secondary means of access to abutting property.
- ALLIGATOR CRACKING
- A load-associated structural failure. The failure can be
due to weakness in the surface, base or subgrade; a surface or base
that is too thin; poor drainage or the combination of all three.[Ord. No. 4334 § 1, 11-7-2016]
- A room or suite of rooms in a multiple dwelling intended, designed or used as a residence by a single family, including kitchen and bath accommodations.
- AUTOMOBILE LEASING OR RENTING
- The renting or leasing of motor vehicles on an hourly, daily, weekly, monthly or yearly basis.
- AUTOMOBILE REPAIR, MAJOR
- General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair; over-all painting or paint shop; and vehicle steam cleaning.
- AUTOMOBILE REPAIR, MINOR
- Replacement of parts and motor services to motor vehicles and trucks not exceeding one and one-half (1½) ton capacity, excluding body repairs.
- AUTOMOBILE SERVICE STATION OR FILLING STATION
- A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, and including minor repairs.
- AUTOMOBILE WRECKING
- Automobile wrecking is the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
- AUTOMOTIVE SALES
- The sale of new or the sale of new and used vehicles, motor homes, recreational vehicles, trailers and motorcycles.
- A story having part but not more than one-half (½) of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes, other than by a janitor employed on the premises.
- BLOCK CRACKING
- That cracks look like large interconnected rectangles (roughly).
Block cracking is not load-associated, but generally caused by shrinkage
of the asphalt pavement due to an inability of asphalt binder to expand
and contract with temperature cycles.[Ord. No. 4334 § 1, 11-7-2016]
- Any structure designed and intended for the support, enclosure, shelter or protection of persons, animals or property.
- BUILDING, HEIGHT OF
- The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
- BUILDING LINE
- The line between which the street line or lot line no building or other structure, fence or portion thereof, except as provided in the Zoning Code, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line.
- A story having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurements.
- CHANGE OF OWNERSHIP
- Occurs when a title is transferred from one person or entity
to another by having the owner sign a deed in exchange for money and/or
other considerations and officially recorded in the St. Louis County
Recorder of Deeds.[Ord. No. 4334 § 1, 11-7-2016]
- CHILD CARE — BABYSITTING
- The care of four (4) or fewer children on a regular basis, including the provider's own children under the age of thirteen (13). This in no way applies to temporary situations. This service to be in residentially zoned districts only, as specified.
- CHILD DAY CARE CENTER
- The care of more than four (4) children.
- A building or portion thereof or premises owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service which is customarily carried on as a business.
- All the property comprising the parcel or parcels, all improvements and structures constructed thereon, including the building and all easements, rights and appurtenances belonging thereto, and all fixtures and equipment intended for the mutual use of the unit owners, subject to the provisions of Chapter 488, RSMo.
- Poorly maintained driveways will often have grass growing
up through the cracks. Cleaning the cracks should be standard practice
before sealing them.[Ord. No. 4334 § 1, 11-7-2016]
- DEPRESSIONS (BIRD BATHS)
- Areas that are localized pavement surface areas with slightly
lower elevations than the surrounding pavement. Depressions are very
noticeable after a rain when they fill with water.[Ord. No. 4334 § 1, 11-7-2016]
- A section or sections of the City for which the regulations governing the use of buildings and premises or the height of buildings, or the size of yards, or intensity of use, are uniform.
- DRIVE-IN ESTABLISHMENT
- A commercial establishment in which the customer remains parked in a vehicle while services are brought from the commercial building to the vehicle.
- DRIVE-THRU ESTABLISHMENT
- A commercial establishment whereby the customer drives a vehicle directly adjacent to the commercial building and receives services while parked in a vehicle.
- A private roadway connecting a public street or right-of-way
to an off-street parking lot, loading area, garage, home or other
building or use on a lot or parcel of property.[Ord. No. 4334 § 1, 11-7-2016]
- Any building or portion thereof which is designated or used exclusively for residential purposes.
- DWELLING, MULTIPLE
- A building, or portion thereof, designed for or occupied by three (3) or more families.
- DWELLING, SINGLE-FAMILY
- A building designed for or occupied exclusively by one (1) family.
- DWELLING, TWO-FAMILY
- A building designed for or occupied exclusively for two (2) families.
- DWELLING UNIT
- A room or suite of rooms used as a single-family dwelling, including kitchen and bath accommodations.
- EDGE CRACKS
- Cracks that travel along the inside edge of a pavement surface
within one or two feet. The most common cause for this type of crack
is poor drainage conditions and lack of support at the pavement edge.
As a result underlying base materials settle and become weakened.[Ord. No. 4334 § 1, 11-7-2016]
- One (1) or more persons occupying a dwelling and living as a single housekeeping unit, all of whom, or all but two (2) of whom are related to each other by birth, adoption or marriage, as distinguished from a group occupying a residential group home or hotel as defined in this Section.
- An assemblage of materials forming a barrier at grade between a lot and street or alley or between portions of a lot or lots.
- FLOOR AREA — LIVING AREA
- The area of residence exclusive of carport, garage, breezeway, porch or basement.
- All the property on one (1) side of a street, between two (2) intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
- GARAGE, PRIVATE
- An accessory building, housing not to exceed four (4) motor-driven vehicles, which are the property of and for the use of the occupants of the building to which said garage is accessory.
- GARAGE, PUBLIC
- Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. Public garages shall not include the dismantling or storage of wrecked or junk vehicles.
- GARAGE, STORAGE
- Any building or premises used for housing only of motor-driven vehicles owned by persons residing on the premises where the garage is located, and not open to transients, and at which automobile fuels and oils are not to be sold, and motor-driven vehicles are not equipped, repaired, hired or sold.
- 1. For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
- 2. For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
- 3. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
- 4. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.
- GRANDFATHER CLAUSE
- Exempts current owners already residing on the property to
leave their driveway in its current status having to make minor repairs
and the preexisting condition to remain unchanged if the driveway
does not affect health, safety or welfare, until the property is sold
or conveyed to another.[Ord. No. 4334 § 1, 11-7-2016]
- GRANDFATHER RIGHTS, SINGLE FAMILY LOTS R-3
- Exempts current lot size and width from meeting the minimum
lot area and width, the preexisting condition to remain unchanged.[Ord. No. 4343 § 1, 11-21-2016]
- GROUP HOME
- Any home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.
- HEIR PROPERTY
- A person who inherits or has a right of inheritance in the
property of another following the latter's death shall bring
the driveway into code compliance with this Section.[Ord. No. 4334 § 1, 11-7-2016]
- HOME OCCUPATION
- Any occupation or activity carried on by the owner residing on the premises or a member of the immediate family residing on the premises, in connection with which there is used no sign other than a name plate not more than one (1) square foot in area, or no display that will indicate from the exterior that the building is utilized in part for any purpose other than that of a dwelling; there is no commodity sold on the premises; no person is employed other than a member of the immediate family residing on the premises; no mechanical equipment is used except such as is permissible for purely domestic, household or hobby purposes; no manufacturing or assembling of a commercial product; and no commercial vehicle used in connection with a home occupation shall be stored or parked except within a private garage. In particular, a home occupation may include the following: art studio, professional office of a clergyman, teaching with musical instruction or private tutoring limited to not more than two (2) pupils at a time. However, a home occupation shall not be interpreted to include barbershops, beauty parlors, physicians, dentists, surgeons, chiropractors, tourist homes, restaurants and child day care centers.
- A building in which lodging is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside office or lobby supervised by a person in charge at all hours.
- A building occupied by a non-profit corporation or non-profit establishment for public use.
- JOINT REFLECTION CRACKS
- Cracks in a flexible pavement overlay of a rigid pavement
(i.e., asphalt over concrete). They occur directly over the underlying
rigid pavement joints.[Ord. No. 4334 § 1, 11-7-2016]
- LOADING SPACE
- A space within the main building or on the same lot providing for the standing, loading or unloading of trucks having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet.
- A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building, together with its accessory buildings, except as may otherwise be provided in this Chapter, the open spaces and parking spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place.
- LOT, CORNER
- A lot abutting upon two (2) or more streets at their intersection.
- LOT, DEPTH OF
- The mean horizontal distance between the front and rear lot lines. The front lot line shall be the same as the street line.
- LOT, DOUBLE FRONTAGE
- A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
- LOT, WIDTH OF
- For purposes of determining the dimension of side yards, the width of the lot, being the mean horizontal distance between side lot lines, shall be measured at the building line.
- LOT OF RECORD
- A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this Chapter.
- MANEUVERING SPACE
- The unobstructed area needed for a truck to back, in a single movement, directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of said loading space to the curb side of the most remote traffic lane in the access street.
- MOTOR VEHICLE LEASING OR RENTAL AGENCY
- Motor vehicle leasing or renting is the renting or leasing of motor vehicles on an hourly, daily, weekly, monthly, or yearly basis, or any leasing or renting. Any person or establishment parking or storing any motor vehicle within the City of Berkeley for the purposes of rental or leasing is designated as doing business within the City, and shall be subject to the Merchant License, and shall secure a Merchant License and pay any and all taxes levied by the City, including sales tax, as required by the Merchants and Manufacturers Chapter of the Municipal Code. The contract for the leased or rented motor vehicles shall be signed within the corporate City limits of the City of Berkeley in order to come under this definition.
- NON-CONFORMING USE
- Any building or land lawfully occupied by a use at the time of passage of this Chapter, or amendment thereto, which does not conform after the passage of this Chapter, or amendments thereto, with the use regulations of the district in which it is situated.
- NURSING HOME AND FACILITIES
- A building or buildings in which elderly, chronically ill and disabled persons who are patients therein will be provided full support living facilities including twenty-four (24) hour nursing supervision. The nursing home and facility may include as an adjunct thereto dwelling units for rent or lease to elderly persons, or chronically ill, or disabled persons, including a spouse of any such person, who can lead reasonably independent lives, and require minimal support facilities, supervision, maintenance and nursing care. Because the dwelling units are an adjunct thereto, they must be maintained and remain under the control and supervision of the operator of the full support nursing home and facilities.
- OIL SPOTS
- A common problem in parking lots and driveways. These areas
must be treated before sealcoating.[Ord. No. 4334 § 1, 11-7-2016]
- PARKING SPACE
- A durably surfaced area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than two hundred fifty (250) square feet, including the necessary access driveways exclusive of a durably surfaced driveway connecting the parking space with a street or alley, and permitting satisfactory ingress and egress of an automobile.
- PERSONAL SERVICES, COMMERCIAL DISTRICTS
- Including barber shops, beauty parlors, cleaning and laundry establishments, photographers, shoe repair shops, tailoring, dressmaking, counseling services and similar uses. All such services require a special use permit.
- PERSONAL SERVICES, RESIDENTIAL DISTRICTS
- Including tailoring, dressmaking, counseling services (other than clergy) and similar uses. Personal services are not allowed in "R-4" Multiple-Family Residence District except in a single-family dwelling. All such services require a special use permit.
- An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
- POT HOLES
- Holes in asphalt that are small, bowl-shaped depressions
in the pavement surface that penetrate all the way through the asphalt
layer down to the base course.[Ord. No. 4334 § 1, 11-7-2016]
- RESALE SHOP
- Any business establishment where more than thirty percent (30%) of the merchandise consists of used items, such as appliances, clothing, furniture, household goods and equipment.
- RESIDENTIAL GROUP HOME
- Home, including fraternities, and sororities, operated by a not-for-profit corporation, which is supervised twenty-four (24) hours per day by qualified persons. A "qualified person" shall mean a person qualified by education, training and experience, or any combination thereof, for the position which they hold in the residential group home.
- SCHOOL, PRIVATE
- Any school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools, or private and parochial colleges and universities.
- SCHOOL, PUBLIC
- Any school operated by a public school district or by a City, County, State or Federal Government agency.
- SLIPPAGE CRACKS
- That cracks are crescent-shaped cracks or tears in the surface
layer(s) of asphalt where the new material has slipped over the underlying
course.[Ord. No. 4334 § 1, 11-7-2016]
- That portion of a building, other than a cellar included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
- STORY, HALF
- A space under a sloping roof which has the line of intersection or roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
- All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements therefor.
- STREET LINE
- A dividing line between a lot, tract or parcel of land and a contiguous street.
- STRUCTURAL ALTERATIONS
- Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
- Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.
- Any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which is, has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by motor power or other means.
- USED CAR LOT OR SALES
- The annual sale of more than four (4) used vehicles not in conjunction with an automotive sales establishment.
- VEHICLE, MOTOR
- Any self-powered vehicle moving on wheels or runners used as a means of transport.
- An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.
- YARD, FRONT
- A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entrance way.
- YARD, REAR
- A yard extending across the rear of a lot measured between the rear lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building, or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
- YARD, SIDE
- A yard between the main building and the side line of the lot, and extending from the front yard to the rear yard.