City of Berkeley, MO Districts and District Regulations

The boundaries of these districts are hereby established as shown upon the map incorporated and made a part of this Chapter, which map is designated as the "District Map". The District Map and all the notations, references and other information shown thereon are a part of this Chapter and shall have the same force and effect as if such map and all the notations, references, and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the City Clerk.

Section 400.050 Annexed Territory.

[CC 1961 §23.03.4; Ord. No. 2974 §23.03.4, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]

All territory which may be hereafter annexed to the City shall remain the same classification as it was prior to annexation. Within a reasonable time following annexation, the annexed territory shall be appropriately classified by amending this Chapter in accordance with Section 400.580 herein.

Section 400.060 Vacation of Public Ways.

[CC 1961 §23.03.5; Ord. No. 2974 §23.03.5, 6-20-1988]

In the event any street, alley or other public way forming the boundary of a district is vacated, the new district boundary line shall be the former centerline of said vacated public way.

Section 400.070 Boundaries of Districts.

[CC 1961 §§23.03.6 — 23.03.6.3; Ord. No. 2974 §23.03.6, 6-20-1988]

When uncertainty exists with respect to the boundaries of the various districts as shown on the District Map made a part of this Chapter, the following rules apply:

The district boundaries are either streets or alleys, unless otherwise shown, and where the districts designated on the District Map are bounded approximately by streets or alleys, such streets or alleys shall be construed to be the boundary of the district.

Where the district has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines. Where the districts designated on the map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the district unless the boundaries are otherwise indicated on the map.

In unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the map.

Section 400.080 Compliance With the Regulations.

[CC 1961 §23.04; Ord. No. 2974 §23.04, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]

Except as hereinafter specifically provided:

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the height, area, parking and loading regulations of the district in which the building is located.

The minimum yards and other open spaces, including lot area per family required by this Chapter, shall not be encroached upon or considered as part of the yard or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the district in which such lot is located.

Every building hereafter erected or structurally altered after the adoption of this Chapter shall be located on a lot as defined in this Chapter and in no case shall there be more than one (1) main building on one (1) lot, except as specifically provided herein.

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered in any district except in accordance with the provisions of Chapter 500, Building Regulations.

No trailer coach or mobile home shall be parked, used, occupied in any district except in accordance with the provisions of Chapter 415, Trailer Parks.

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered in any district except in accordance with the provisions of Chapter 410, Flood Damage Prevention.

All buildings or sites developed in accordance with an approved plan under a planned district's procedure or under a special use shall not be altered except in accordance with a plan or special use permit amendment.

Section 400.090 "R-1" Single-Family Residence District.

[CC 1961 §§23.05 — 23.05.7; Ord. No. 2974 §23.05, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3290 §1, 7-18-1994; Ord. No. 3758 §2, 11-19-2007]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "R-1" Single-Family Residence District.

Permitted Uses. A building or premises shall be used only for the following purposes:

[Ord. No. 4566, 9-16-2019]

Single-family dwelling.

Group homes for foster care and group homes for mentally or physically handicapped. The exterior and interior of the home shall meet all ADA fair housing accommodation requirements.

Accessory Uses. Uses subordinate to that of the main building may include:

Private garages and carports not exceeding thirty percent (30%) of the required rear yard. Detached garages and/or carports shall not be nearer than ten (10) feet to any main building, rear or side property line.

Home occupation carried on wholly within the residence and not in any accessory building. Vehicles of visitors to a home occupation shall be limited to two (2) at any one (1) time. The duration of such visits shall not exceed two (2) hours. The number of such visits shall not exceed six (6) per day. The definition of what occupations constitute a home occupation and stated limitations on such an accessory use are described in Section 400.020, Definitions.

Swimming pools.

One (1) name sign is allowed in required yards, provided such sign is not more than one (1) square foot in area, does not contain flashing, moving or intermittent illumination, and meets the requirements of other City ordinances.

Church or public building bulletin boards of ten (10) square feet in area or less, and temporary signs pertaining to the lease, hire or sale of a building or premises of six (6) square feet in area or less and not exceeding forty-two (42) inches in height.

Telescoping antennas with a base smaller than four (4) inches in diameter which extend no more than ten (10) feet above roof, when granted a permit by the Public Works Director.

Any accessory building that is not a part of the main structure shall not be located in front of the main structure.

Accessory buildings which are not a part of the main building, although connected by an open breezeway, may be built in a rear yard, but such accessory building shall not be nearer than ten (10) feet to any side or rear lot line or main building, nor shall any such accessory building occupy more than thirty percent (30%) of the rear yard. There shall not be more than one (1) accessory building with a maximum area of one hundred (100) square feet each per residence. No accessory building shall be allowed on a lot with a detached garage or carport unless the accessory building is part of the carport.

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.

10.

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 storm water drainage, which diversion must be approved by the Public Works Director.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

Church or public building bulletin boards exceeding ten (10) square feet in area, and temporary signs pertaining to the lease, hire or sale of a building or premises, exceeding ten (10) square feet in area.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

Hospitals, clubs and institutions, except institutions for criminals; provided however, that such buildings may occupy not over forty percent (40%) of the total area of the lot or tract; provided further, that the buildings shall set back from all yard lines heretofore established an additional distance of not less than two (2) feet for each foot of building height.

(Reserved)

Nursing home and facilities.

Colleges and private schools.

Recreational trailers and recreational vehicles, as allowed in Chapter 415.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

10.

(Reserved)[1]

[1]

Editor's Note: The former regulation regarding group homes was repealed 9-16-2019 by Ord. No. 4566. See Subsection (B)(2) of this Section.

Minimum Parking Requirements.

Number of required off-street spaces.

Single-family dwelling. Two (2) parking spaces.

Community building, museum, library or art gallery. Ten (10) spaces plus one (1) parking space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.

School and educational institutions. One (1) parking space for each five (5) seats in the main auditorium or one (1) space for each classroom, whichever is greater.

Church. One (1) parking space for each five (5) seats in the main auditorium.

Hospital. One (1) parking space for each four (4) beds.

Club or lodge. One (1) parking space for every three (3) members.

Nursing home. One (1) parking space for each five (5) beds.

Additional parking requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure.

The required parking spaces for residences shall be located in the side and rear yard.

Any new driveway or existing driveway widened or extended in length shall be constructed of concrete (six (6) inches) or asphalt (three (3) inches on a six (6) inch gravel base).

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 with each curb cut not exceeding twelve (12) feet.

All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard except in a driveway.

Any vehicle, excluding recreational trailers and recreational vehicles, with a gross license weight in excess of twelve thousand (12,000) pounds, or in excess of twenty-four (24) feet in length, or in excess of eight (8) feet in height are not permitted. City permits are required for all trailers and recreational vehicles.

No inoperable or unlicensed vehicles and trailers shall be parked on the premises unless they are parked within an enclosed structure.

Parking requirements for uses not specifically listed shall be the same as required for a similar use. When fractional spaces result, the spaces required are the next whole number. In the case of mixed uses, the spaces required are the sum of the uses computed separately. Whenever an existing building is changed as to use or is enlarged in floor area, the spaces provided shall comply with these full parking requirements set forth herein.

Supplemental parking requirements are provided in Article IV of this Chapter.

Area Requirements.

Minimum depth of front yard. Forty (40) feet.

Where lots have a double frontage, the required front yard shall be provided on both streets.

Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty-two (32) feet. No accessory building shall project beyond the front yard line on either street.

Minimum width of side yard. Ten (10) feet.

Minimum depth of rear yard. Thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed fifty (50) feet in depth.

Minimum lot area per family. Not less than twenty thousand (20,000) square feet.

Minimum width of lot. Seventy-five (75) feet measured at the required building line.

Yards, generally.

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.

There shall be no storage of household items, outdoor furniture, appliances, building materials, or of any material within a front or side yard.

Height Requirements. The maximum height is two and one-half (2½) stories, or thirty-five (35) feet. Supplemental height requirements are provided in Article IV of this Chapter.

Fence Requirements.

In front yards.

No fence shall be constructed closer to the front lot line than the building line, except as allowed below.

Fences, screens or obstructions constructed prior to the adoption of this Chapter which do not conform to the provisions herein may be repaired, restored or mended so long as such repairs, restoration or mending is not in excess of fifty percent (50%) of the entire fence, screen or obstruction.

Ornamental fences eighteen (18) inches or less in height.

Hedges thirty (30) inches or less in height.

In side and rear yards. Fences six (6) feet in height or less, except in cases where the fence is in a district where there is a subdivision covenant, it must be approved by the subdivision committee.

Section 400.100 "R-2" Single-Family Residence District.

[CC 1961 §§23.06 — 23.06.7; Ord. No. 2974 §23.06, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3290 §1, 7-18-1994; Ord. No. 3758 §3, 11-19-2007]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "R-2" Single-Family Residence District.

Permitted Uses. A building or premises shall be used only for the following purposes:

[Ord. No. 4566, 9-16-2019]

Single-family dwelling.

Group homes for foster care and group homes for mentally or physically handicapped. The exterior and interior of the home shall meet all ADA fair housing accommodation requirements.

Accessory Uses. Uses subordinate to that of the main building may include:

Swimming pools.

One (1) name sign is allowed in required yards, provided such sign is not more than one (1) square foot in area, does not contain flashing, moving or intermittent illumination and meets the requirements of other City ordinances.

Telescoping antennas with a base smaller than four (4) inches in diameter which extend no more than ten (10) feet above roof, when granted a permit by the Public Works Director.

Any accessory building that is not a part of the main structure shall not be located in front of the main structure.

No accessory building shall be allowed on a lot with a detached garage or carport unless the accessory building is part of the carport.

10.

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.

11.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

(Reserved)

Nursing home and facilities.

Colleges and private schools.

Recreational trailers and recreational vehicles, as allowed in Chapter 415.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

10.

(Reserved)[1]

[1]

Editor's Note: The former regulation regarding group homes was repealed 9-16-2019 by Ord. No. 4566. See Subsection (B)(2) of this Section.

Minimum Parking Requirements.

Number of required off-street spaces.

Single-family dwelling. Two (2) parking spaces.

Community building, museum, library or art gallery. Ten (10) spaces plus one (1) parking space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.

School and educational institutions. One (1) parking space for each five (5) seats in the main auditorium or one (1) space for each classroom, whichever is greater.

Church. One (1) parking space for each five (5) seats in the main auditorium.

Hospital. One (1) parking space for each four (4) beds.

Club or lodge. One (1) parking space for every three (3) members.

Nursing home. One (1) parking space for each five (5) beds.

Additional parking requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure.

The required parking spaces for residences shall be located in the side and rear yard.

Any new driveway or existing driveway widened or extended in length shall be constructed of concrete (six (6) inches) or asphalt (three (3) inches on a six (6) inch gravel base).

All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard except in a driveway.

No inoperable or unlicensed vehicles and trailers shall be parked on the premises unless they are parked within an enclosed structure.

Supplemental parking requirements are provided in Article IV of this Chapter.

Area Requirements.

Minimum depth of front yard. Thirty (30) feet.

Where lots have a double frontage, the required front yard shall be provided on both streets.

Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet. No accessory building shall project beyond the front yard line on either street.

Minimum width of side yard. Seven (7) feet.

Minimum depth of rear yard. Not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty-five (45) feet. However, when houses are set skewed on essentially rectangular lots, the total side and rear yard areas shall be a minimum of two thousand six hundred forty (2,640) square feet, the side yard to be not less than seven (7) feet and the rear yard to be not less than fifteen (15) feet.

Minimum lot area per family. Seven thousand five hundred (7,500) square feet.

Minimum width of lot. Sixty (60) feet measured at the required building line.

Yards, generally.

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.

There shall be no storage of household items, outdoor furniture, appliances, building materials, or of any material within a front or side yard.

Height Requirements. The maximum height is two and one-half (2½) stories, or thirty-five (35) feet. Supplemental height requirements are provided in Article IV of this Chapter.

Fence Requirements.

In front yards.

No fence shall be constructed closer to the front lot line than the building line, except as allowed below.

Ornamental fences eighteen (18) inches or less in height.

Hedges thirty (30) inches or less in height.

Section 400.110 "R-3" Single-Family Residence District.

[CC 1961 §§23.07 — 23.07.7; Ord. No. 2974 §23.07, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3290 §1, 7-18-1994; Ord. No. 3758 §4, 11-19-2007]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "R-3" Single-Family Residence District.

Permitted Uses. A building or premises shall be used only for the following purposes:

[Ord. No. 4566, 9-16-2019]

Single-family dwelling.

Group homes for foster care and group homes for mentally or physically handicapped. The exterior and interior of the home shall meet all ADA fair housing accommodation requirements.

Accessory Uses. Uses subordinate to that of the main building may include:

Swimming pools.

Telescoping antennas with a base smaller than four (4) inches in diameter which extend no more than ten (10) feet above roof, when granted a permit by the Director of Public Works.

Any accessory building that is not a part of the main structure shall not be located in front of the main structure.

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.

10.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

Church or public building bulletin boards exceeding ten (10) square feet in area and temporary signs pertaining to the lease, hire or sale of a building or premises, exceeding ten (10) square feet in area.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

(Reserved)

Nursing home and facilities.

Colleges and private schools.

Recreational trailers and recreational vehicles, as allowed in Chapter 415.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

10.

(Reserved)[1]

[1]

Editor's Note: The former regulation regarding group homes was repealed 9-16-2019 by Ord. No. 4566. See Subsection (B)(2) of this Section.

Minimum Parking Requirements.

Number of required off-street spaces.

Single-family dwelling. Two (2) parking spaces.

Community building, museum, library or art gallery. Ten (10) spaces plus one (1) parking space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.

School and educational institutions. One (1) parking space for each five (5) seats in the main auditorium or one (1) space for each classroom, whichever is greater.

Church. One (1) parking space for each five (5) seats in the main auditorium.

Hospital. One (1) parking space for each four (4) beds.

Club or lodge. One (1) parking space for every three (3) members.

Nursing home. One (1) parking space for each five (5) beds.

Additional parking requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure.

The required parking spaces for residences shall be located in the side and rear yard.

Any new driveway or existing driveway widened or extended in length shall be constructed of concrete (six (6) inches) or asphalt (three (3) inches on a six (6) inch gravel base).

All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard except in a driveway.

No inoperable or unlicensed vehicles and trailers shall be parked on the premises unless they are parked within an enclosed structure.

Supplemental parking requirements are provided in Article IV of this Chapter.

Area Requirements.

Minimum depth of front yard. Twenty-five (25) feet.

Where lots have a double frontage, the required front yard shall be provided on both streets.

Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet. No accessory building shall project beyond the front yard line on either street.

Minimum width of side yard. Five (5) feet.

Minimum Lot Area Per Family. Six thousand (6,000) square feet, with the exception of existing platted lots, which have grandfather rights.

[Ord. No. 4343 § 2, 11-21-2016]

Minimum Width Of Lot. Fifty (50) feet measured at the required building line, with the exception of existing platted lots, which have grandfather rights.

[Ord. No. 4343 § 2, 11-21-2016]

Yards, generally.

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.

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.

Height Requirements. The maximum height is two and one-half (2½) stories, or thirty-five (35) feet. Supplemental height requirements are provided in Article IV of this Chapter.

Fence Requirements.

In front yards.

No fence shall be constructed closer to the front lot line than the building line, except as allowed below.

Ornamental fences eighteen (18) inches or less in height.

Hedges thirty (30) inches or less in height.

Section 400.120 "R-4" Multiple-Family Residence District.

[CC 1961 §§23.08 — 23.08.8.2; Ord. No. 2974 §23.08, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3290 §1, 7-18-1994; Ord. No. 3758 §5, 11-19-2007]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "R-4" Multiple-Family Residence District.

Permitted Uses. A building or premises shall be used only for the following purposes:

[Ord. No. 4566, 9-16-2019]

Single-family dwelling.

Two-family dwelling.

Multiple-family dwellings, including condominiums.

Group homes for foster care and group homes for mentally or physically handicapped. The exterior and interior of the home shall meet all ADA fair housing accommodation requirements.

Accessory Uses. Uses subordinate to that of the main building may include:

Private garages, carports, and storage for multiple dwellings not exceeding fifty percent (50%) of the required rear yard. Detached garages and carports shall not be nearer than ten (10) feet to any main building, rear or side property lines.

Accessory structures and buildings may occupy a required rear yard; provided that they are not nearer than five (5) feet to any side or rear lot line.

Home occupation carried on wholly within the residence and not in any accessory building.

Any accessory building that is not a part of the main structure shall not be located in front of the main structure.

No accessory building except a private garage or carport will be allowed in the rear yard.

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.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

(Reserved)

Nursing home and facilities.

Residential group homes with consideration given to the following criteria: operators of the group home or homes; characteristics of occupants; type of supervision; size of the site and density; people activity; vehicular activity; duration of activity; off-site impact; demand on community services; community needs; and overall appearance.

Colleges and private schools.

Recreational trailers and recreational vehicles, as allowed in Chapter 415.

10.

Parking in the front yard other than a driveway.

11.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

12.

(Reserved)[1]

[1]

Editor's Note: The former regulation regarding group homes was repealed 9-16-2019 by Ord. No. 4566. See Subsection (B)(4) of this Section.

Minimum Parking Requirements.

Number of required off-street spaces.

Residential dwelling. Two (2) parking spaces for each unit.

Community building, museum, library or art gallery. Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.

School and educational institutions. One (1) parking space for each five (5) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.

Church. One (1) parking space for each five (5) seats in the main auditorium.

Hospital. One (1) parking space for each four (4) beds.

Club or lodge. One (1) parking space for every three (3) members.

Nursing home or residential group home. One (1) parking space for each five (5) beds.

Additional parking requirements.

The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only, except when allowed under special use.

Any new driveway or existing driveway widened or extended in length shall be constructed of concrete (six (6) inches) or asphalt (three (3) inches on a six (6) inch gravel base).

No driveway located in the front yard shall exceed ten (10) feet in width, except on lots greater than sixty (60) feet in width where a driveway shall not exceed twenty (20) feet in width.

All vehicles, except those hereafter set forth, shall be permitted to park in this district. No vehicle may park in a front yard except in a driveway.

Trucks and trailers designed and manufactured for or used for specific commercial purposes, including but not limited to wreckers, dump trucks, tracked vehicles, buses, construction vehicles and equipment vehicles and equipment carriers, bottling works delivery trucks, grain trucks and refrigerated trucks are prohibited from parking in this District. Any vehicle, excluding recreational trailers and recreational vehicles, with a gross license weight in excess of twelve thousand (12,000) pounds, or in excess of twenty-four (24) feet in length, or in excess of eight (8) feet in height are not permitted. City permits are required for all trailers and recreational vehicles.

No inoperable or unlicensed vehicles and trailers shall be parked on the premises unless they are parked within an enclosed structure.

The total number of vehicles, including allowed recreational vehicles and trailers on a premises shall not exceed three (3) for any one (1) residential unit.

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.

Supplemental parking requirements are provided in Article IV of this Chapter.

Area Requirements.

Minimum depth of front yard. Twenty-five (25) feet.

Where lots have a double frontage, the required front yard shall be provided on both streets.

Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet. No accessory building shall project beyond the front yard line on either street.

Minimum width of side yard. Seven (7) feet.

Minimum depth of rear yard. Thirty (30) feet. There shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever is larger, but it need not exceed forty-five (45) feet.

Minimum lot area per family. Seven thousand five hundred (7,500) square feet, single-family; three thousand seven hundred fifty (3,750) square feet, two-family; three thousand (3,000) square feet, multiple-family.

Yards, generally.

There shall be no storage of household items, outdoor furniture or appliances, building materials, automotive or vehicle parts or of any material within a front or in front of the main building.

Height Requirements. The maximum height is thirty-five (35) feet, or two and one-half (2½) stories. Supplemental height requirements are provided in Article IV of this Chapter.

Fence Requirements.

In front yards.

No fence shall be constructed closer to the front lot line than the building line, except as allowed below.

Ornamental fences eighteen (18) inches or less in height.

Hedges thirty (30) inches or less in height.

Site Design Requirements. The following site design requirements apply to all uses in "R-4" Multiple-Family Residence Districts except single-family and two-family dwelling units and apartment complexes of two (2) or less buildings.

The development shall be designed as a whole, unified single project in compliance with the following requirements, and if built in stages, each shall conform with the approved plan.

All roads, parking and loading areas, and walks shall be paved with asphalt or concrete in accordance with City specifications on file in the office of the Director of Public Works.

Any part of the project area not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, trees, shrubs or pedestrian walks.

Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, accessways and building setback and height limitations may be imposed for the protection of adjoining residential property. Whenever required, buffer strips shall not be less than twenty-five (25) feet in width. Whenever required, planting buffers and foundation planting shall be similar to the requirements of the "C-1" District.

Continuing maintenance of all required screen plantings, as shown on the approved plan, shall be a requisite of conformance for the district.

Section 400.130 "C-1" Local Commercial District.

[CC 1961 §§23.09 — 23.09.10; Ord. No. 2974 §23.09, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3361 §1, 1-8-1996; Ord. No. 3758 §6, 11-19-2007; Ord. No. 3771 §1, 1-7-2008; Ord. No. 3772 §§1 — 2, 1-7-2008; Ord. No. 3787 §1, 3-17-2008]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "C-1" Local Commercial District.

Permitted Uses. A building or premises shall be used only for the following purposes:

Retail sales, including appliances, bakery, bookstore, carpeting, clothing, drug store, food store, furniture store, hardware store, hobby shop, jewelry store, newsstand, pet shop, radio and television store, sporting goods, variety store and similar uses with floor area not to exceed fifteen thousand (15,000) square feet.

Household services, including appliance repair, bicycle repair, carpeting and draperies, electrical, radio and television repair, upholstery, rental of appliances, tools, medical equipment, radios and televisions and similar uses.

Banks, savings and loans, stockbrokers and title companies.

Offices, including business, dental, general, medical and similar uses.

Food and beverage services, including catering establishments, ice cream parlors, restaurants not serving alcoholic beverages, and similar uses, but not including drive-ins or drive-thru. A special land use permit is required.

Telephone and computer answering services.

Accessory Uses. Uses subordinate to that of the main building may include:

Accessory uses customarily incident to the above uses, except antennas.

Any building used primarily for any of the above enumerated purposes may have not more than forty percent (40%) of the floor area devoted to storage purposes incidental to such primary use, provided that not more than five (5) employees shall be engaged at any time on the premises in such incidental use.

More than one (1) main building may be located upon the lot but only when such buildings conform to the area requirements for the district in which the lot is located.

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 storm water drainage, which diversion must be approved by the Public Works Director.

A sign or a bulletin board relating only to company names, services, articles and products offered within the building to which the sign is attached, and which sign does not exceed twenty-five (25) square feet in area; provided however, any advertising sign shall be attached to the building and shall not project beyond the building for a distance of more than two (2) feet. A building located on a corner lot may have such a sign on each street side.

A freestanding sign relating only to company names, services, articles and products offered on the premises. The one (1) freestanding sign per building shall not exceed fifty (50) square feet in area per face, nor exceed two (2) faces, nor exceed twelve (12) feet in width, nor exceed more than thirty-five (35) feet in height to its highest point, nor have a sign lower than ten (10) feet above ground level.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Bars, taverns, restaurants and package liquor stores.

Resale shops, antique shops and used furniture stores.

Public bulletin boards exceeding twenty-five (25) square feet in area and temporary signs pertaining to the lease, hire or sale of a building or premises exceeding ten (10) square feet in area.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

Day care centers.

Residences for single-family, two-family, or multiple-family uses.

Nursing home and facilities.

10.

11.

Colleges and private schools.

12.

Academies, including but not limited to business, commercial, computer, dancing, day care centers, physical fitness, martial arts, music, trade and vocational.

13.

All places where weekly jackpot lottery tickets are sold are to be approved by a special land use permit in regards to parking and motor vehicle traffic.

14.

Personal services, including barbershop, beauty parlors, cleaning and laundry establishments, photographers, shoe repair, tailoring, dressmaking and similar uses.

15.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

16.

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

17.

Automotive services, limited to minor automobile repair and servicing, and car wash facilities, said services to be compatible and beneficial for neighborhood use. All repair services shall be performed completely interior of the building, and no outdoor displays are allowed. No signage shall exceed that which is listed in Section 400.130(C)(5,6) of this Chapter.

18.

Child day care centers. Operators of child day care centers shall obtain a merchant's license and a commercial occupancy permit prior to occupying any premises as a child day care center. Each facility shall meet all local codes and all State and County regulations. In addition, any person operating a child care home service shall maintain liability insurance in the amount of two hundred fifty thousand dollars ($250,000.00) and shall provide City Officials with a copy of their State license to run such a facility.

19.

Other financial institutions not listed as permitted, such as, but not limited to, check cashing, payday loans and personal credit institutions. The following requirements and/or criteria shall apply to the other financial institutions referenced herein to qualify for such special use:

All property lines of the lot on which the business is located shall be at least three hundred (300) feet from the nearest property line of any church, synagogue or similar place of worship, any school or any residentially-zoned property.

All property lines of the lot on which the business is located shall be at least one thousand four hundred (1,400) feet from the nearest property line of any other use classified within SIC Code 6099 or SIC Code 6141 or any pawnshop, including such businesses or pawnshops located outside of the Berkeley City limits.

The establishment shall not be open for business between the hours of 8:00 P.M. and 7:00 A.M.

The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window.

No bars, heavy mesh screens or similar material shall be allowed on the exterior of the building and no such material located on the interior of the building shall be visible from outside the building.

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

Minimum Parking Requirements.

Location of parking spaces and vehicle types that may be parked.

Parking spaces may be located and vehicles may be parked in the front, side or rear yards, except that parking in the front yard shall be set back twenty (20) feet from the front lot line.

Any vehicle licensed in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.

No trucks, truck trailers or vehicles of any type shall be used for storage purposes nor on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs.

Ingress and egress shall only be provided from a major street and not from any residential street, as designated by the Public Works Director.

Number of required off-street spaces.

Assembly or exhibition places, all without fixed seats. One (1) parking space for each five hundred (500) square feet of floor area used therefor; with fixed seats — one (1) space for each four (4) seats.

Business, professional or public office building, studio or bank. Three (3) parking spaces, plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000).

College or schools. One (1) parking space for each five (5) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.

Community center, library, museum or art gallery. Ten (10) parking spaces plus one (1) additional space for each five hundred (500) square feet of floor area in excess of two thousand (2,000) square feet.

Dwellings, multiple. Two (2) parking spaces for each dwelling unit.

Dwellings, single or two-family. Two (2) parking spaces for each dwelling unit.

Hospital. One (1) parking space for each four (4) beds.

Medical or dental clinic. One (1) parking space for each two hundred (200) square feet of floor area.

Private club or lodge. One (1) parking space for each three (3) members.

Restaurant, tavern or ice cream parlor. One (1) parking space for each one hundred (100) feet of floor area.

Retail store, personal service establishment or household service establishment, except as otherwise specified herein. One (1) parking space for each two hundred (200) square feet of floor area.

Sanitarium, convalescent home, home for the aged or similar institution. One (1) parking space for each four (4) beds.

Supplemental parking requirements are provided in Article IV of this Chapter.

Physically handicapped. A minimum of one (1) parking space, plus one (1) for every twenty (20) parking spaces.

Automotive services shall have one (1) space for each service bay. During hours in which the business is not open, there will be no parking of vehicles for service, except in the interior of the building or within a screened, fenced yard for that purpose. No vehicle shall remain on the premises for repair longer than one (1) month.

Loading Requirements. There shall be provided at the time any building is erected or structurally altered, off-street loading space in accordance with the following requirements:

All commercial uses. One (1) space for each fifteen thousand (15,000) square feet of floor area, or fraction thereof in excess of three thousand (3,000) 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.

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

Area Requirements.

Minimum depth of front yard. Twenty-five (25) feet.

Minimum width of side yard. Seven (7) feet.

Minimum depth of rear yard. Twenty-five (25) feet, wherever a rear lot used for business or commercial purposes abuts upon a dwelling district, it shall have a depth of not less than twenty-five (25) feet.

Minimum lot area per family. Six thousand (6,000) square feet.

Where a lot is located at the intersection of two (2) or more streets or between two (2) streets, there shall be a front yard on each street that the lot abuts. No accessory building shall project beyond the building line on any street.

Height Requirements. The maximum height is two and one-half (2½) stories or thirty-five (35) feet. Supplemental height requirements are provided in Article IV of this Chapter.

Site Design Requirements.

All roads, parking and loading areas and walks shall be paved with asphalt or concrete in accordance with City specifications on file in the office of the Director of Public Works. All roads, parking and loading areas shall have concrete curbs and gutters.

Any part of a lot not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, ground covers, trees, shrubs and pedestrian walks.

When the rear or side yard of a commercial use abuts any residential district or a residential lot situated in the "C-1" District, a twenty-five (25) foot landscaped buffer area shall be established and maintained along the rear or side property line. The buffer area shall contain evergreen plant material with a minimum height of ten (10) feet, planted in two (2) rows on eight (8) foot centers.

A planting strip of twenty (20) feet shall be established and maintained within the required front yard. A minimum ratio of one (1), three (3) inch caliper, shade tree or three (3), two (2) inch caliper, grouped ornamentals shall be planted within the twenty (20) foot wide planting strip for each twenty-five (25) feet of linear front footage.

A ratio of one (1), two (2) inch caliper tree for every five (5) parking spaces shall be required.

Foundation plantings shall be planted and maintained along all exterior walls of all buildings at the ratio of one (1), twenty-four (24) inch evergreen shrub for every five (5) lineal feet of exterior wall.

Where possible, existing plant material should be preserved and may serve in lieu of required planting.

Where a commercial use abuts a residential district on the rear or side yards of the commercial use, a six (6) foot high fence shall be erected and maintained by the commercial property owner. The type of fence to be installed shall be approved by the City Fence Review Committee.

All electrical, telephone, cable and similar wires and all utilities must be placed underground for structures constructed after the date of adoption of this Chapter, and for additions of more than twenty-five percent (25%) of the existing floor area in square feet as of the date of adoption of this Chapter.

Fence Requirements — In Side And Rear Yards. Fences in required side and rear yards shall not exceed five (5) feet in height.

Performance Standards. Commercial uses are subject to:

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Noise. Every use shall be so operated that the maximum volume of sound or noise generated does not exceed forty (40) decibels at any point on the lot line of the lot on which the use is located. Outdoor loudspeakers and audible communication systems are not permitted within one thousand (1,000) feet of a residential district.

Odor. Every use shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line of the lot on which the use is located.

Smoke. Every use shall be so operated that no smoke from any source shall be emitted of a greater density than the density described as No. 1 on the Ringelmann Chart as published by the United States Bureau of Mines.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

Emission of dirt, dust, fly ash and other forms of particulate matter. Emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed eighty-five hundreds (0.85) pounds per one thousand (1,000) pounds of gases of which amount not to exceed five-tenths (0.5) pounds per one thousand (1,000) pounds of gases shall be of such size as to be retained on a three hundred twenty-five (325) mesh U.S. Standard Sieve. In the case of emission of fly ash or dust from a stationary furnace or combustion device, these standards shall apply to a condition of fifty percent (50%) excess air on the stack at full load, which standards shall be varied in proportion to the deviation of the percentage of excess air from fifty percent (50%).

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line.

Air pollution. Every form of objectionable odors, smoke, toxic gases, particulate matter such as dirt, dust, fly ash, must be restricted to specific low levels of emissions as set forth in Ordinance No. 3347 of St. Louis County titled Air Pollution Control Code, Chapter 612.

Radiation. Every amount of radioactive emissions must be restricted to that considered safe by the Federal Radiation Council Standards.

Section 400.140 "C-2" General Commercial District.

[CC 1961 §§23.10 — 23.10.10; Ord. No. 2974 §23.10, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3150 §1, 12-17-1990; Ord. No. 3218 §1, 9-8-1992; Ord. No. 3363 §1, 2-12-1996; Ord. No. 3758 §7, 11-19-2007; Ord. No. 3770 §1, 1-7-2008; Ord. No. 3771 §1, 1-7-2008; Ord. No. 3772 §§1 — 2, 1-7-2008; Ord. No. 3787 §1, 3-17-2008]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "C-2" General Commercial District.

Permitted Uses. A building or premises shall be used for the following purposes:

Retail sales, including, but not limited to, appliances, bakery, bookstore, carpeting, clothing, department store, drug store, food store, furniture store, hardware store, hobby shop, jewelry store, newsstand, pet shop, radio and television store, sporting goods store and variety store.

Household services, including but not limited to appliance repair, bicycle repair, carpeting and draperies, electrical, heating and cooling, painting, contractor, plumbing, radio and television repair, upholstery, rental of appliances, tools, medical equipment, radios and televisions.

Banks, savings and loans, stockbrokers and title companies.

Offices, including but not limited to business, dental, general, laboratory, testing, medical, radio and television, research and veterinarian.

Telephone and computer answering services.

Copy centers, primarily engaged in providing photocopying, duplicating, blueprinting and other document copying services, along with printing service; printing on purchased stock materials, such as stationery, letterhead, invitations, labels and similar items.

Accessory Uses. Uses subordinate to that of the main building may include:

Accessory uses customarily incident to the above uses, except antennas.

Any building used primarily for any of the above enumerated purposes may have not more than forty percent (40%) of the floor area devoted to storage purposes incidental to such primary use; provided that not more than five (5) employees shall be engaged at any time on the premises in such incidental use.

More than one (1) main building may be located upon the lot but only when such buildings conform to the area requirements for the district in which the lot is located.

A freestanding sign relating only to company names, services, articles and products offered on the premises. The one (1) freestanding sign per building shall not exceed fifty (50) square feet in area per face, nor exceed two (2) faces, nor exceed twelve (12) feet in width, nor extend more than thirty-five (35) feet in height to its highest point, nor have a sign lower than ten (10) feet above ground level.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Bars, taverns, restaurants and package liquor stores.

Resale shops, antique shops and used furniture stores.

Public bulletin boards exceeding ten (10) square feet in area and temporary signs pertaining to the lease, hire or sale of a building or premises exceeding ten (10) square feet in area.

A filling station or public garage, when allowed as special use, shall be permitted one (1) separate price sign not to exceed twenty (20) square feet in area which shall be attached to the same structure as the freestanding sign, but below the main sign.

A filling station, restaurant, hotel or motel with frontage on an interstate highway or on a service or frontage road within two hundred (200) feet of the interstate highway, may increase the sign area of freestanding signs to one hundred fifty (150) square feet per face, the sign width to fifteen (15) feet and the sign height to fifty (50) feet to the highest point, if topography or other circumstances would create economic hardships on the business if a larger or taller sign is not permitted.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

Day care centers and academies, including but not limited to business, commercial, computer, dancing, physical fitness, martial arts, music, trade and vocational.

Residences for single-family, two-family, or multiple-family uses.

10.

Nursing home and facilities.

11.

12.

Colleges and private schools.

13.

Automotive services, including new car and vehicle dealerships, used motor vehicle sales, auto parts stores, filling stations, public garages, auto repair garages, towing and wrecking services, body shops, car washes, auto detailing shops and similar uses.

14.

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.

15.

Mortuary or funeral home.

16.

Entertainment places, including billiard parlor, bowling alley, dancing, racquetball, rollerskating rink, tennis facility, theater, video games, weight lifting and similar uses.

17.

Parking lots, public garages and related uses.

18.

Drive-ins and drive-thru restaurants, theaters, and other drive-in and drive-thru establishments.

19.

All places where weekly jackpot lottery tickets are sold are to be approved by a special land use permit in regards to parking and motor vehicle traffic.

20.

Personal services, including barber shop, beauty parlor, cleaning and laundry establishments, photographers, shoe repair, tailoring, dressmaking and similar uses.

21.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

22.

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

23.

Residential or outpatient facilities for the treatment of alcohol and other drug abuses as follows:

The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity.

A treatment facility shall not be located closer than two thousand (2,000) feet to any other substance abuse treatment facility.

Applicant to provide written notification of proposed placement of the facility to the owners of property within one hundred eighty-five (185) feet of the boundaries of the property on which the treatment facility is located.

24.

Hotels and motor lodges.

25.

Motor vehicle leasing or rental agency.

26.

27.

The establishment shall not be open for business between the hours of 8:00 P.M. and 7:00 A.M.

The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window.

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

28.

Medical marijuana facilities.

[Ord. No. 4650, 12-15-2020]

Medical marijuana cultivation, dispensary, manufacturing, testing, transportation and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.

Any building being used as a medical marijuana facility shall have a minimum floor area of one thousand (1,000) square feet.

Distance requirements for medical marijuana facilities shall be as allowed through State of Missouri 19 CSR 30-95.040(4)(B), to amend the requirement, where the City of Berkeley Code requires a three hundred (300) foot property distance by Section 600.210(B). Therefore, the distance requirement for these facilities will reflect three hundred (300) feet.

Minimum Parking Requirements.

Location of parking spaces and vehicle types that may be parked.

Parking spaces may be located and vehicles may be parked in the front, side or rear yards, except that parking in the front yard shall be set back twenty (20) feet from the front lot line.

Any vehicle licensed in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.

No trucks, truck trailers or vehicles of any type shall be used for storage purposes nor on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs.

Number of required off-street spaces.

Bowling alley. Five (5) parking spaces for each alley.

College or schools. One (1) parking space for each eight (8) seats in the main auditorium or one (1) space for each classroom, whichever is greater.

Dwellings, multiple. Two (2) parking spaces for each dwelling unit.

Dwellings, single or two-family. Two (2) parking spaces for each dwelling unit.

Entertainment, assembly or exhibition places.

(1)

All without fixed seats. One (1) parking space for each five hundred (500) square feet of floor area used therefor.

(2)

With fixed seats. One (1) space for each four (4) seats.

Hospital. One (1) parking space for each four (4) beds.

Hotel or motel. One (1) parking space for each three (3) sleeping rooms or suite plus one (1) space for each two hundred (200) square feet of commercial floor area contained herein.

Medical or dental clinic. One (1) parking space for each two hundred (200) square feet of floor area.

Mortuary or funeral home. One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlor or individual funeral service rooms.

Private club or lodge. One (1) parking space for each three (3) members.

Restaurant, night club, cafe or similar recreation or amusement establishment. One (1) parking space for each one hundred (100) feet of floor area.

Retail store, personal service establishment or household service establishment or automotive service establishment, except as otherwise specified herein. One (1) parking space for each two hundred (200) square feet of floor area.

Sanitarium, convalescent home, home for the aged or similar institution. One (1) parking space for each four (4) beds.

Theater or auditorium (except school). One (1) parking space for each four (4) seats or bench-seating spaces.

Used car lots and similar open display. One (1) parking space for each one thousand (1,000) square feet of sales display area.

Supplemental parking requirements are provided in Article IV of this Chapter.

Physically handicapped. A minimum of one (1) parking space, plus one (1) for every twenty (20) parking spaces.

Loading Requirements. There shall be provided at the time any building is erected or structurally altered, off-street loading space in accordance with the following requirements:

Area Requirements.

Minimum depth of front yard. Twenty-five (25) feet.

Minimum width of side yard. Five (5) feet.

Minimum depth of rear yard. Ten (10) feet commercial; twenty-five (25) feet residential.

Height Requirements. The maximum height is forty-five (45) feet or three (3) stories. Supplemental height requirements are provided in Article IV of this Chapter.

Site Design Requirements.

Any part of a lot not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, ground covers, trees, shrubs and pedestrian walks.

A ratio of one (1), two (2) inch caliper tree for every five (5) parking spaces shall be required.

Where possible, existing plant material should be preserved and may serve in lieu of required planting.

Where a commercial use abuts a residential district on the rear or side yards of the commercial use, a six (6) foot high fence shall be erected and maintained by the commercial property owner. The type of fence shall be approved by the City Fence Review Committee.

Fence Requirements — In Side And Rear Yards. Fences in required side and rear yards shall not exceed five (5) feet in height.

Performance Standards. Commercial uses are subject to:

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Odor. Every use shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line of the lot on which the use is located.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line.

Radiation. Every amount of radioactive emissions must be restricted to that considered safe by the Federal Radiation Council Standards.

Section 400.150 "C-3" Planned Commercial District.

[CC 1961 §§23.11 — 23.11.12; Ord. No. 2974 §23.11, 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 §8, 11-19-2007; Ord. No. 3771 §1, 1-7-2008; Ord. No. 3772 §§1 — 2, 1-7-2008; Ord. No. 3787 §1, 3-17-2008]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "C-3" Planned Commercial District.

Purpose. The purpose of this district is to provide for modern commercial facilities of integrated design in appropriate locations to serve the community. The planned developments submitted under this district may vary from an office area, a limited local commercial area, a large-scale retail shopping center or a combination thereof, depending upon the character of the neighborhood in which the proposed planned district is located. Such district shall be laid out and developed as a unit according to an approved plan as provided by one of the procedures established to accomplish such purpose.

Procedure. See Article VII, Planned Districts.

Permitted Uses. A building or premises shall be used for the following purposes:

Banks, savings and loans, stockbrokers and title companies.

Offices, including but not limited to business, dental, general, laboratory, medical, research and veterinarian.

Storage. A building used primarily for any of the above enumerated purposes may not have more than twenty percent (20%) of the floor area devoted to storage purposes incidental to such primary use; provided however, that no more than five (5) employees shall be engaged at any time on the premises in such incidental use.

Accessory Uses. Uses subordinate to that of the main building may include:

Accessory buildings and uses customarily incident to the above uses, and approved as a part of the plan.

A freestanding sign relating only to company names, services, articles and products offered on the premises. The one (1) freestanding sign per building shall not exceed fifty (50) square feet in area per face, nor exceed two (2) faces, nor exceed twelve (12) feet in width, nor extend more than thirty-five (35) feet in height, nor have a sign lower than ten (10) feet above ground level, except for ground signs which are freestanding signs without poles that sit directly on the ground, may be placed ten (10) feet or more behind the right-of-way line.

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 the area requirements for the district in which the lot is located.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

A restaurant, hotel or motel with frontage on an interstate highway or service or frontage road of such a highway may increase the sign area to one hundred fifty (150) square feet per face, the sign width to fifteen (15) feet, and the sign height to fifty (50) feet if topography or other circumstances would create economic hardships on the business if a larger or taller sign is not permitted.

Food and beverage services, including bars, taverns, catering establishments, hotels, motels, ice cream parlors, restaurants and similar uses, including drive-ins or drive-thru.

Entertainment places, including billiard parlor, bowling alley, dancing, racquetball, rollerskating rink, tennis facility, theater, video games, weight lifting and similar uses.

Hotels and motor lodges.

Storage. A building used primarily for any of the above enumerated purposes may not have more than forty percent (40%) of the floor area devoted to storage purposes incidental to such primary use; provided however, that no more than five (5) employees shall be engaged at any time on the premises in such incidental use.

All places where weekly jackpot lottery tickets are sold are to be approved by a special land use permit in regards to parking and motor vehicle traffic.

Personal services, including but not limited to barbershop, beauty parlor, cleaning and laundry establishments, photographers, shoe repair, tailoring and dressmaking.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

10.

Child care centers.

11.

Motor vehicle leasing or rental agency.

12.

13.

Liquor stores.

14.

The establishment shall not be open for business between the hours of 8:00 P.M. and 7:00 A.M.

The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window.

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

15.

Medical marijuana facilities.

[Ord. No. 4650, 12-15-2020]

Medical marijuana cultivation, dispensary, manufacturing, testing, transportation and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.

Any building being used as a medical marijuana facility shall have a minimum floor area of one thousand (1,000) square feet.

Minimum Parking Requirements.

Location of parking spaces and vehicle types that may be parked.

No trucks, truck trailers or vehicles of any type shall be used for storage purposes nor on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs.

Number of required off-street spaces.

Bowling alley. Five (5) parking spaces for each alley.

Entertainment, assembly or exhibition places.

(1)

All without fixed seats. One (1) parking space for each five hundred (500) square feet of floor area used therefor.

(2)

With fixed seats. One (1) space for each four (4) seats.

Medical or dental clinic. One (1) parking space for each two hundred (200) square feet of floor area.

Restaurant, night club, cafe or similar recreation or amusement establishment. One (1) parking space for each one hundred (100) feet of floor area.

Theater or auditorium (except school). One (1) parking space for each four (4) seats or bench-seating spaces.

Supplemental parking requirements are provided in Article IV of this Chapter.

Loading Requirements. There shall be provided at the time any building is erected or structurally altered, off-street loading space in accordance with the following requirements:

Area Requirements.

The minimum area for a Planned Commercial District shall be five (5) acres.

The aggregate gross area of all buildings shall not exceed twenty-five percent (25%) of the entire lot area of the project and all buildings shall be set back at least thirty (30) feet from all public rights-of-way adjoining the commercial development site and forty (40) feet from all other property boundaries adjoining an "R" District.

The distance between buildings shall be in accordance with Section 400.360.

Minimum front, rear and side yards shall be thirty (30) feet.

Height Requirements. The maximum height is forty-five (45) feet or three (3) stories. Supplemental height requirements are provided in Article IV of this Chapter.

Site Design Requirements.

A commercial development consisting of the above uses shall be designed as a whole, unified single project in compliance with the following requirements and if built in stages, each shall conform with the approved plan.

Any part of the project area not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, trees, shrubs or pedestrian walks.

Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, fences, accessways and building setback and height limitations may be imposed for the protection of adjoining residential property. Whenever required, buffer strips shall not be less than twenty-five (25) feet in width. Whenever required, planting buffers and foundation planting shall be similar to the requirements of the "C-1" District.

All buildings on the site shall be accessible to emergency vehicles and fire apparatus via a fire lane constructed of asphalt or concrete capable of supporting said emergency equipment.

Continuing maintenance of all required screen plantings, as shown on the approved plan, shall be a requisite of conformance for the "C-3" Planned Commercial District.

Fence Requirements — In Side And Rear Yards. Fences in required side and rear yards shall not exceed five (5) feet in height.

Performance Standards. Commercial uses are subject to:

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Odor. Every use shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line of the lot on which the use is located.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line.

Radiation. Every amount of radioactive emissions must be restricted to that considered safe by the Federal Radiation Council Standards.

Section 400.160 "M-1" Industrial District.

[CC 1961 §§23.12 — 23.12.10; Ord. No. 2974 §23.12, 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. 3363 §1, 2-12-1996; Ord. No. 3965 §1, 12-6-2010]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "M-1" Industrial District.

Permitted Uses. A building or premises shall be used for the following purposes:

Light industrial uses including: bottling works, building material storage yard; carting, express, hauling or storage yard; dyeing and cleaning establishments and laundries; lumber yard; milk distributing station; public utility substation and facilities; storage warehouse; wholesale warehouse or business; and similar uses.

Industrial and manufacturing uses where the process of manufacturing or treatment of materials is not obnoxious in regard to dust, odor, gas, smoke, noise or public safety.

Commercial uses including the following:

Financial institutions, including but not limited to banks, savings and loans, stockbrokers and title companies.

Offices, including but not limited to business, general, laboratory, testing, radio and television, research and veterinarian.

Academies, including but not limited to business, commercial, computer, trade and vocational.

Quarters for security and safety personnel.

Accessory Uses. Uses subordinate to that of the main building may include:

Accessory buildings and uses customarily incident to the above uses.

More than one (1) main building may be located upon the lot but only when such buildings conform to the area requirements for the district in which the lot is located.

No materials or supplies shall be stored or permitted to remain on any part of the property outside the building constructed thereon, unless such materials are stored behind the front building line, and the area in which they are stored is screened from the street view, and approved in writing by the Building Inspector. Fuel oil storage tanks as part of the heating equipment of any establishment shall be permitted only if located underground. Bulk storage of all liquids, including gasoline or petroleum products on the outside of buildings, shall not be permitted without proper fire protection.

Public building bulletin boards of ten (10) square feet in area or less, and temporary signs pertaining to the lease, hire or sale of a building or premises of ten (10) square feet in area or less.

A freestanding sign relating only to company names, services, articles and products offered on the premises. The one (1) freestanding sign per building shall not exceed fifty (50) square feet in area per face, nor exceed two (2) faces, nor exceed twelve (12) feet in width, nor extend more than thirty-five (35) feet in height, nor have a sign lower than ten (10) feet above ground level.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Public bulletin boards exceeding twenty-five (25) square feet in area and temporary signs pertaining to the lease, hire or sale of a building or premises exceeding ten (10) square feet in area.

A filling station, restaurant, hotel or motel with frontage on an interstate highway or on a service or frontage road within two hundred (200) feet of such a highway, may increase the sign area of freestanding signs to one hundred fifty (150) square feet per face, the sign width to fifteen (15) feet and the sign height to fifty (50) feet, if topography or other circumstances would create economic hardships on the business if a larger or taller sign is not permitted.

Advertising signs or billboards shall be restricted to within two hundred (200) feet of an interstate highway, shall be placed within the building lines, and shall not exceed a maximum area for one (1) sign of six hundred seventy-two (672) square feet, a maximum width of fourteen (14) feet, a maximum length of forty-eight (48) feet inclusive of border and trim, but excluding the base, support and other structural members. The maximum height shall not exceed fifty (50) feet from the highest point of the sign to surrounding grade or street level, whichever is higher. The maximum size limitations shall apply to each side of sign structure and signs may be back to back. A group of not more than two (2) advertising signs or billboards shall be permitted on one (1) sign structure. No vertical stacking of advertising signs or billboards shall be permitted. No such sign shall be erected within one thousand (1,000) lineal feet of an existing sign on the same side of the interstate. No such sign shall be located within five hundred (500) lineal feet of a residence, within five hundred (500) lineal feet of a County highway, within fifty (50) feet of any road right-of-way, or within ten (10) feet of any property line.

All advertising signs or billboards shall provide an asphalt or concrete access and service roadway to the base of the sign. Double-faced signs shall have an access and service roadway on both sides.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

Colleges and private schools.

Parking lots, public garages and related uses.

All places where weekly jackpot lottery tickets are sold are to be approved by a special land use permit, in regards to parking and motor vehicle traffic.

10.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

11.

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

12.

Auto detailing shops and car washes.

13.

Hotels and motor lodges.

14.

Motor vehicle leasing or rental agency.

15.

Medical marijuana facilities.

[Ord. No. 4650, 12-15-2020]

Medical marijuana cultivation, dispensary, manufacturing, testing, transportation and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.

Any building being used as a medical marijuana facility shall have a minimum floor area of one thousand (1,000) square feet.

Minimum Parking Requirements.

Location of parking spaces and vehicle types that may be parked.

Parking spaces may be located and any vehicle, regardless of body type, size or gross vehicle weight, may be parked in this zone.

No trucks, truck trailers or vehicles of any type shall be used for storage purposes nor on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs.

Number of required off-street spaces.

College or schools. One (1) parking space for each eight (8) seats in the main auditorium or one (1) space for each classroom, whichever is greater.

Community center, library, museum or art gallery. Ten (10) parking spaces, plus one (1) additional space for each five hundred (500) square feet of floor area in excess of two thousand (2,000) square feet.

Hotel or motel. One (1) parking space for each three (3) sleeping rooms or suite, plus one (1) space for each two hundred (200) square feet of commercial floor area contained herein.

Supplemental parking requirements are provided in Article IV of this Chapter.

Physically handicapped. A minimum of one (1) parking space, plus one (1) for every twenty (20) parking spaces.

Warehouse parking space requirement.

(1)

For warehouses with a gross floor area of twenty thousand (20,000) square feet or less. One (1) space for each four thousand (4,000) square feet of gross floor area.

(2)

For warehouses with a gross floor area between twenty thousand (20,000) and one hundred thousand (100,000) square feet. Five (5) spaces, plus two (2) spaces for every twenty thousand (20,000) square feet of area in excess of twenty thousand (20,000) square feet.

(3)

For warehouses with a gross floor area more than one hundred thousand (100,000) square feet. Thirteen (13) spaces, plus one (1) additional space for each seventy-five thousand (75,000) square feet of gross floor area more than one hundred thousand (100,000) square feet.

Parking space requirements for manufacturing or industrial use.

(1)

For structures with gross floor area of one hundred thousand (100,000) square feet or less. One (1) space for each five thousand (5,000) square feet of floor space.

(2)

For structures with gross floor area more than one hundred thousand (100,000) square feet of gross floor area. Twenty (20) spaces, plus two (2) spaces for each seventy-five thousand (75,000) square feet in excess of one hundred thousand (100,000) square feet.

Sales rooms and show room. One (1) parking space for each employee, plus one (1) space for each one thousand (1,000) square feet in sales rooms.

Loading Requirements. There shall be provided at the time any building is erected or structurally altered, off-street loading space in accordance with the following requirements:

One (1) space for each ten thousand (10,000) 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 sixty (60) square feet shall be provided.

Area Requirements.

Minimum depth of front yard. Thirty (30) feet. Where the frontage on one (1) side of the street between two (2) intersecting streets is located partly in the "M-1" Industrial District and partly in a dwelling district, the front yard requirements of the dwelling district shall apply, but in no case shall the front yard be less than thirty (30) feet.

Minimum width of side yard. Fifteen (15) feet, except where the side yard abuts a dwelling district there shall be a side yard of not less than twenty-five (25) feet.

Minimum depth of rear yard. Twenty-five (25) feet.

Height Requirements. The maximum height is six (6) stories or ninety (90) feet. Supplemental height requirements are provided in Article IV of this Chapter.

Site Design Requirements.

Any part of the lot area not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, ground covers, trees, shrubs and pedestrian walks.

When the rear or side yard of a business or industrial use lot abuts any residential zone or a residential lot situated in a business use zone, a twenty-five (25) foot landscaped buffer area shall be established and maintained along all rear and side property lines. The buffer area shall contain evergreen plant material, as specified by the Director of Public Works, with a minimum height of eight (8) feet, planted on six (6) foot centers. A chain link fence six (6) feet in height with wood privacy slats shall be provided and maintained along the rear and side property lines, unless otherwise specified by the Director of Public Works.

A planting strip of twenty (20) feet shall be established and maintained within the required front yard. A minimum ratio of one (1), three (3) inch caliper shade tree or three (3), two (2) inch caliper grouped ornamentals, as specified by the Director of Public Works, shall be planted within the twenty (20) foot wide planting strip for each fifty (50) feet of linear front footage, e.g., one (1) — fifty (50) foot: one (1) large three (3) inch caliper shade tree or three (3) two (2) inch caliper ornamentals; fifty (50) — one hundred (100): two (2) large, three (3) inch caliper shade trees or six (6), two (2) inch caliper ornamentals. These standards are minimum requirements. Additional understory shrubs or groundcover material is encouraged.

A ratio of one (1), two (2) inch caliper tree for every ten (10) parking spaces shall be required. Twenty-five percent (25%) of the total plantings shall be of the large shade tree category, as specified by the Director of Public Works.

Foundation plantings shall be planted and maintained along all exterior walls of all buildings at the ratio of one (1) twenty-four (24) inch evergreen shrub for every ten (10) lineal feet of exterior wall.

Where possible, existing plant material should be preserved, and may serve in lieu of required planting.

An access road for fire equipment and/or other emergency vehicles shall be provided around all buildings and/or structures.

Fence Requirements — In Side And Rear Yards. Any area used for the outdoor storage or display of materials, equipment or vehicles which adjoins property in a residential district shall be effectively screened by a sight-proof fence having a minimum height of five (5) feet and a maximum height of eight (8) feet located no closer than ten (10) feet from said property line. The setback shall be adequately landscaped as approved on a plan by the City of Berkeley Plan Commission. When requested by the property owner, the Plan Commission may approve the use of topographic features, landscaping or walls in lieu of fencing, where such alternates will achieve a comparable effect.

All other boundary walls or fences six (6) feet in height or less, or up to eight (8) feet in height with permission of the Fence Review Committee are permitted within the minimum side and rear yard setbacks.

Performance Standards. Light industrial uses are subject to the following performance standards:

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Noise. Every use shall be so operated that the maximum volume of sound or noise generated does not exceed fifty-five (55) decibels at any point on the lot line of the lot on which the use is located. Outdoor loudspeakers and audible communication systems are not permitted within one thousand (1,000) feet of a residential district.

Odor. Every use shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line of the lot on which the use is located.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line.

Radiation. Every amount of radioactive emissions must be restricted to that considered safe by the Federal Radiation Council Standards.

Section 400.170 "M-2" Planned Research and Industrial District.

[CC 1961 §§23.13 — 23.13.12; Ord. No. 2974 §23.13, 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. 3251 §1, 6-14-1993; Ord. No. 3965 §1, 12-6-2010]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "M-2" Planned Research and Industrial District.

Purpose. The purpose of this district is to provide for modern research facilities and light industrial operations of integrated design. The planned developments submitted under this district may vary from an office building, research laboratories, retail-wholesale warehouses and light industrial plants, or a combination thereof. Such uses shall be laid out according to an approved plan as provided by one (1) of the procedures established in this Section.

Procedure. See Article VII, Planned Districts.

Permitted Uses. A building or premises shall be used for the following purposes:

Offices, including but not limited to general business, institutional and governmental.

Research facilities, including but not limited to laboratories for product development, fabrication, testing and all related activities.

Wholesale and distribution sales/showrooms and warehouses where the showrooms are not open to the general public.

Light industrial uses including the manufacture, fabrication or assembly of all products; including printing, buffing, packaging and storage, provided that all storage of raw or partially finished materials, parts, products or goods of any kind are stored wholly within a fully enclosed structure.

Residence or living quarters for security and safety personnel.

Accessory Uses. Uses subordinate to that of the main building may include:

Accessory buildings and uses customarily incident to the above uses, and approved as a part of the plan.

Food and beverage services of any type, not to exceed ten percent (10%) of the gross floor area.

More than one (1) main building may be located upon the lot, but only when such buildings conform to the area requirements for the district in which the lot is located.

Parking lots and transportation facilities as an accessory to a permitted use.

A freestanding sign relating only to company names, services, articles and products offered on the premises. The one (1) freestanding sign per building shall not exceed fifty (50) square feet in area per face, nor exceed two (2) faces, nor exceed twelve (12) feet in width, nor extend more than thirty-five (35) feet in height, nor have a sign lower than ten (10) feet above ground level, except for ground signs which are freestanding signs without poles that sit directly on the ground, may be placed ten (10) feet or more behind the right-of-way line.

Special Uses.

Financial institutions, including but not limited to banks, savings and loans, stockbrokers and title companies.

Hotels and motor lodges.

Retail sales, including bakery goods, books, cards, gifts, clothing, drugs, food, jewelry, liquor and similar uses.

All places where weekly jackpot lottery tickets are sold are to be approved by a special land use permit in regards to parking and motor vehicle traffic.

Television, microwave or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

Churches and places of worship shall be located on sites of not less than two (2) acres used exclusively by the church or place of worship.

Child care centers.

Auto detailing shops and car washes.

Motor vehicle leasing or rental agency.

Minimum Parking Requirements.

Location of parking spaces and vehicle types that may be parked.

Parking spaces may be located and vehicles may be parked in the front, side or rear yards.

Parking spaces may be located and any vehicle, regardless of body type, size or gross vehicle weight, may be parked in this zone.

No trucks or trailers of any kind shall be used for storage purposes.

No trucks, truck trailers or vehicles of any type shall be used for storage purposes nor on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs.

Physically handicapped. A minimum of one (1) parking space, plus one (1) for every twenty (20) parking spaces.

Number of required off-street spaces.

Offices. One (1) parking space for each three hundred (300) square feet of floor area.

Research facilities and laboratories. One (1) parking space for each employee.

Sales rooms and warehouses. One (1) parking space for each employee, plus one (1) space for each one thousand (1,000) square feet in sales rooms.

Industrial uses. One (1) parking space for each two (2) employees on the maximum working shift, plus space for all trucks and vehicles used in connection with the use.

Banks. One (1) space for each four hundred (400) square feet of floor area.

Hotel or motel. One (1) parking space for each three (3) sleeping rooms or suites, plus one (1) space for each two hundred (200) square feet of commercial floor area contained herein.

Retail sales. One (1) space for each two hundred (200) square feet of floor area.

Loading Requirements. There shall be provided at the time any building is erected or structurally altered, off-street loading space in accordance with the following requirements:

One (1) space for each ten thousand (10,000) square feet of floor area or fraction thereof in excess of five thousand (5,000) square feet. Where such space 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 sixty (60) square feet shall be provided.

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

Area Requirements. There shall be provided the following yard areas for each separate parcel or lot:

Minimum depth of front yard. Forty (40) feet.

Minimum width of side yard. Thirty (30) feet, except on the side of a lot abutting a residential district or a lot used for residential purposes there shall be a side yard of not less than fifty (50) feet.

Minimum depth of rear yard. Thirty (30) feet, except on the rear of a lot abutting a residential district or a lot used for residential purposes there shall be a rear yard of not less than fifty (50) feet.

Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot. No accessory building shall project beyond the front yard line on either street.

Where lots have a double frontage, the required front yard shall be provided on both streets.

Height Requirements.

The maximum height of all buildings and structures shall not exceed a height of ninety (90) feet. Buildings in excess of ninety (90) feet may be approved by special use permit, but in no instance shall any building be more than seven hundred (700) feet above mean sea level.

Chimney stacks, cooling equipment, elevator bulkheads, tanks, and other necessary mechanical appurtenances shall not exceed a height of more than seven hundred (700) feet above mean sea level.

Site Design Requirements.

All roads, drives, parking spaces and sidewalks shall be paved with asphalt or concrete in accordance with City specifications on file in the office of the Director of Public Works. All roads, parking and loading areas shall have concrete curbs and gutters.

Any lot area not used for buildings or other structures or for parking, loading or accessways shall be landscaped with grass, ground covers, trees, shrubs and pedestrian walks.

A planting strip of twenty (20) feet shall be established and maintained within the required front yard. A minimum ratio of one (1), three (3) inch caliper shade tree or three (3), two (2) inch caliper grouped ornamentals, as specified by the Director of Public Works, shall be planted within the twenty (20) foot wide planting strip for each fifty (50) feet of linear front footage, e.g., one (1) — fifty (50) foot: one (1) large, three (3) inch caliper shade tree or three (3), two (2) inch caliper ornamentals; fifty (50) — one hundred (100) foot: two (2) large, three (3) inch caliper shade trees or six (6), two (2) inch caliper ornamentals. These standards are minimum requirements. Additional understory shrubs or groundcover material is encouraged.

Foundation plantings shall be planted and maintained along all exterior walls of all buildings at the ratio of one (1), twenty-four (24) inch evergreen shrub for every ten (10) lineal feet of exterior wall.

Where possible, existing plant material should be preserved, and may serve in lieu of required planting.

An access road for fire equipment and/or other emergency vehicles shall be provided around all buildings and/or structures.

Fence Requirements — In Side And Rear Yards. Any area used for the outdoor storage or display of materials, equipment or vehicles which adjoins property in a residential district shall be effectively screened by a sight-proof fence (having a minimum height of five (5) feet and a maximum height of eight (8) feet located no closer than ten (10) feet from said property line. The setback shall be adequately landscaped as approved on a plan by the City of Berkeley Plan Commission. When requested by the property owner, the Plan Commission may approve the use of topographic features, landscaping or walls in lieu of fencing, where such alternates will achieve a comparable effect.

Performance Standards. All uses in this district are subject to the following performance standards:

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Odor. Every use shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line of the lot on which the use is located.

Gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line.

Radiation. Every amount of radioactive emissions must be restricted to that considered safe by the Federal Radiation Council Standards.

Section 400.180 "F" Floodplain Management District.

[CC 1961 §23.14; Ord. No. 2974 §23.14, 6-20-1988]

The regulations of this Section pertaining to flood hazard areas are contained in Chapter 410.

Section 400.190 "P" Park District.

[CC 1961 §§23.14A — 23.14A.3; Ord. No. 2974 §23.14A, 6-20-1988; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3955 §1, 10-4-2010]

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "P" Park District.

Purpose. The purpose of this district is to provide for the health and recreational needs of the citizens by establishing green areas.

Permitted Uses. A premises shall be used for the following purposes:

Parks.

Recreation and facilities.

Walking trails.

Lakes.

Preservation of trees, wild flowers, wildlife or other features of nature.

Golf courses, ball fields and other related uses.

Public facilities including, but not limited to, schools, libraries, museums, community buildings, governmental buildings/offices, and fire stations.

List Of Park District And Boundaries. The boundaries of these districts are hereby established as shown upon the map incorporated and made a part of this Chapter, which map is designated as the "District Map". The District Map and all the notations, references and other information shown thereon are a part of this Chapter and shall have the same force and effect as if such map and all the notations, references, and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the City Clerk.

Section 400.195 "AD" Airport District.

[Ord. No. 3650 §§1 — 7, 6-6-2005; Ord. No. 3758 §9, 11-19-2007; Ord. No. 3765 §3, 12-17-2007; Ord. No. 4008 §1, 10-3-2011]

"AD-2" Airport District 2. This Section shall be known and may be cited as the City of Berkeley Airport District 2 ("AD-2") regulations. The regulations set forth in this Section or set forth elsewhere in this Code when referred to in this Section are the regulations in the "AD-2" Airport District 2.

Scope. This Section contains the Airport District regulations which shall apply to that part of the City designated and zoned by the Governing Body of the City as "Airport District 2 ("AD-2")" as shown on the Zoning Map of the City of Berkeley.

Statutory Authorization. This Section is adopted by the Governing Body of the City pursuant to Section 89.010 et seq., RSMo. (2002).

Purpose. The intent and purpose of this Section is to promote and protect the public health, safety and welfare, to recognize and protect those areas devoted to public-use aviation and associated activities from airspace obstructions or hazards, to impose land use controls within the Airport District that will protect airport operations and ensure a compatible relationship between airport operations and other land uses in the vicinity of such airport operations and to ensure comprehensive, uniform development of the Airport District.

Definitions.

For the purpose of this Section, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined in this Section shall be given the meaning as defined in the zoning ordinance of the City. Words not defined herein or elsewhere in the zoning ordinance of the City shall be given their usual meaning except where the context clearly indicates a different or specified meaning.

Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory and not permissive.

The following words and phrases are defined:

AC 150/5300-13

FAA Advisory Circular 150/5300-13, "Airport Design", dated September 30, 2000, as may be amended from time to time.

ACCESSORY BUILDING

Any building, the use of which is incidental to the principal use of another structure on the same premises.

ACCESSORY STRUCTURE

Any structure, the use of which is incidental to the principal use of another structure on the same 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 and as further defined in this Section.

AIRCRAFT

Any device now known or hereafter invented, used or designed for navigation of or flight through the air.

AIRPORT

The Lambert-St. Louis International Airport owned and operated by the City of St. Louis.

AIRPORT AUTHORITY

The Airport Authority of the City of St. Louis, which is a department of the City of St. Louis responsible for the planning, development, management and operation of the airport.

AIRPORT ELEVATION

Six hundred eighteen (618) feet above mean sea level, being the highest point of the airport's usable landing area, with respect to the runways.

AIRPORT SURFACE

An imaginary surface established and defined pursuant to FAR Part 77, Section 77.25(d), as may be amended, and longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the height limitation slope of the approach zone. The perimeter of an approach surface coincides with the perimeter of an approach zone.

APPROACH ZONE

A zone established and defined in accordance with FAR Part 77, Section 77.25(d) and as further defined in this Section.

AVIATION

The handling and guidance of aircraft in the air or on the airport.

BACK OFFICE

An office in which administrative, clerical and operational functions of a company are performed, which functions do not involve face-to-face interaction with such company's customers.

BUILDING

A structure that is affixed to the land, has one (1) or more floors, one (1) or more exterior walls and a roof and is designed or intended for use as a shelter.

BUILDING COMMISSIONER

The City of Berkeley Building Commissioner.

CFR

Section of Federal Regulations.

CHILD CARE CENTER

Facility providing care for five (5) or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty-four (24) hour day.

CITY COUNCIL

The City of Berkeley City Council.

COMMUNITY CENTER

A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational or educational needs of the community or neighborhood.

CONICAL SURFACE

An imaginary surface established pursuant to FAR Part 77, Section 77.25(b), as may be amended, and extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

CONICAL ZONE

A zone established and defined in accordance with FAR Part 77, Section 77.25(b) and as further defined in this Section.

CONVENIENCE STORE

A retail establishment having a gross floor area of five thousand (5,000) square feet or less, primarily selling automobile fuel or foods as well as other household goods customarily sold in larger food markets and supermarkets.

DAY-NIGHT AVERAGE SOUND LEVEL (DNL)

The twenty-four (24) hour average sound level, in decibels, for the period from Midnight to Midnight, obtained after the addition of ten (10) decibels to sound levels for the periods between Midnight and 7:00 A.M. and between 10:00 P.M. and Midnight local time.

DEVELOPMENT

The act of changing and the state of a tract of land after its function has been purposefully changed by man including, but not limited to, structures on the land and/or other alterations to the land.

DIRECTOR OF PUBLIC WORKS

The Director of Public Works for the City of Berkeley.

FAA

The Federal Aviation Administration.

FAR

Federal Aviation Regulations set forth in Title 14 of the Section of Federal Regulations, as may be amended from time to time.

FAST-FOOD RESTAURANT

Any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings for consumption either within the restaurant building or for carry-out and where either (1) foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed, or (2) the establishment includes a drive-up or drive-through service facility or offers curb service.

FENCE, SIGHT-PROOF

A fence with an opaque value of seventy percent (70%) or greater. Such structure may be a chain link fence in combination with slat or lattice materials.

FILLING STATION (SERVICE STATION)

Any structure or premises used for dispensing or sale, at retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.

FINANCIAL INSTITUTION

A State or Federally chartered bank, savings association, credit union or industrial land company located in a building which provides for the custody, loan, exchange or issue of money, the extension of credit or facilitating the transmission of funds and which may include accessory drive-up units on the same premises, but does not include small loan businesses. A financial institution may include an automated teller machine (ATM) as part of its accessory drive-up units on the same premises.

FRONTAGE

That edge of a lot bordering a street.

GROSS FLOOR AREA

The sum of the gross horizontal area of all floors of a building, including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first (1st) floor area, rooftop mechanical equipment enclosures and the enclosed mall areas of shopping centers.

GYMNASIUM

A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

HAZARD TO AVIATION

An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace of the airport.

HAZARDOUS WILDLIFE

Wildlife species that are commonly associated with wildlife-aircraft strike problems that are capable of causing structural damage to aircraft and airport facilities or that act as attractants to other wildlife that pose a wildlife-aircraft strike hazard.

HOME IMPROVEMENT CENTER

A retail store of at least twenty thousand (20,000) square feet selling only building materials, floor and wall coverings and items designed for installation in the home and associated tools.

HORIZONTAL SURFACE

An imaginary horizontal plane established pursuant to FAR Part 77, Section 77.25(a), as may be amended, one hundred fifty (150) feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal surface area as established herein.

HORIZONTAL ZONE

A zone established and defined in accordance with FAR Part 77, Section 77.25(a) and as further defined in this Section.

HOTEL

A building in which lodging is provided and offered to the public for compensation, usually on a transient basis and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised at all hours.

LOADING SPACE

A durably dust-proofed, properly graded for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located. Each such designated space shall comply with the dimensional requirements set forth herein as the "AD" Airport District off-street parking and loading requirements.

LOT

A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

LOT, CORNER

A platted parcel of land abutting two (2) road rights-of-way at their intersection.

MALL

An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians, with trees, benches or other furnishings provided and with vehicular access prohibited, restricted or reduced so as to emphasize pedestrian use.

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 perpendicularly to and from the front of said loading space to the curb side of the most remote traffic lane in the access street.

MANUFACTURING

Making, fabricating, assembling, processing or packaging any commodity from raw or semi-finished materials, except from explosives or flammable gases or liquids.

MATERIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "material improvement" is considered to occur when the first (1st) alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

MEDICAL OR DENTAL OFFICE (CLINIC)

A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, but not including in-patient or overnight care or operating rooms for major surgery.

NATURAL AREA

An area that is substantially undisturbed by development.

NOISE CONTOUR MAP

A noise contour map encompassing the Airport District pursuant to the FAR Part 150 Noise Compatibility Program for the airport and in accordance with FAR Part 150, "Airport Noise Compatibility Planning", which map details the different DNL levels within the Airport District.

NON-CONFORMING USE

Any land use, structure or object which existed lawfully on or before the effective date of this Section or any amendment thereto and which fails to conform to one (1) or more of the applicable regulations in this Section or other regulations contained in the Municipal Code, except minimum lot area, yard and setback requirements.

OBJECT

A structure, including a mobile structure, constructed or installed by man or a product of nature including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, trees, overhead transmission lines and utility poles. The term "object" shall include all types of signs and/or banners.

OBJECT FREE AREA

An area centered on the centerline of a runway and extending therefrom, which is to be clear of objects protruding above the "runway safety area edge elevation" as such elevation is determined in AC 150/5300-13. The object free area is more particularly defined in AC 150/5300-13, which definition is incorporated herein by reference. The precise location and dimensions of the object free area shall be those determined by the Airport Authority pursuant to AC 150/5300-13.

OBSTRUCTION

Any structure, growth or other object, including a mobile object, which exceeds a limiting height as set forth herein.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations. This does not include financial institutions or small loan businesses.

OPEN SPACE(S)

Active outdoor recreation facilities and playing fields, hiking and bicycling trails, pedestrian and bicycling paths, natural areas and forests and parks for public use and enjoyment.

PARCEL (TRACT) OF LAND

A separately designated area of land delineated by identifiable legally recorded boundary lines.

PARK

An area open to the general public and reserved for recreational, educational or scenic purposes.

PARKING AREA

An area of land used or intended for off-street parking facilities for motor vehicles.

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 durable surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

PERSON

An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative thereof.

PLAN COMMISSION

The City of Berkeley Plan Commission.

PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE

An imaginary surface established pursuant to FAR Part 77, Section 77.25(c), as may be amended, longitudinally centered on a runway, extending two hundred (200) feet beyond each end of the runway where the runway has a specially prepared hard surface or ending at each end of the runway where the runway has no specially prepared hard surface.

PUBLIC USE AREAS

All public highways, streets, alleys, sidewalks, walkways, paths, trails, recreational areas, parks, open spaces, waterways, utilities and any other area within the airport district intended for general public use.

PUBLIC UTILITY FACILITY, LOCAL

A public utility facility serving a local area only, such as an electric substation, a water or gas pumping or regulating station, a telephone switching center or a storage tank with a maximum capacity of one hundred thousand (100,000) cubic feet, except telecommunication towers.

RESEARCH

Systematic investigation undertaken to develop or increase knowledge and understanding of a subject for commercial, educational or scientific purposes.

RESTAURANT

A commercial establishment whose primary business is the provision of prepared food at retail for consumption on or off the premises.

RETAIL

The selling of goods and personal services directly to consumers.

ROAD RIGHT-OF-WAY

A dividing line between a lot, tract or parcel of land and a private or public roadway.

RUNWAY(S)

A defined portion of airport having a surface constructed and maintained for the taking off and landing of aircraft along its length.

RUNWAY PROTECTION ZONE (RPZ)

A trapezoidal shaped zone centered about the extended centerline of airport runway(s), which zone is more particularly defined in AC 150/5300-13, which definition is incorporated herein by reference. The precise location and dimensions of the RPZ shall be those determined by the Airport Authority. No buildings or structures shall be permitted within this zone and the Airport Authority may regulate height and density of natural growth within this zone pursuant to AC 150/5300-13. See also 14 CFR Part 77, Safe Efficient Use and Preservation of the Navigable Airspace.

SETBACK (BUILDING LINE)

The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this Section.

SIGHT DISTANCE TRIANGLE

The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

SMALL LOAN BUSINESSES

Establishments which:

Engage in the business of providing money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck or car title, or

Are registered as lenders under State or Federal law. This classification does not include a State or federally chartered bank, savings association, credit union or industrial land company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. This classifications does include, but is not limited to, check cashing stores, payday loan stores and car title loan stores. Small loan businesses shall not be permitted within the "AD-2" Airport District 2.

STREET

As utilized in this Section, "street" shall be defined as all property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements therefore.

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.

STRUCTURE

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, fences, sidewalks, retaining walls and utility poles. Structure shall be deemed to include a parking area.

TELECOMMUNICATION CABINET

A building or structure for the protection and security of communications equipment associated with one (1) or more antennae and where access to such equipment is gained from either the interior or exterior of the building or structure. Human occupancy for the office or other uses or the storage of other materials and equipment not in direct support of the connected antennae is prohibited.

TELECOMMUNICATION TOWER

A structure designed for the support of one (1) or more antennae and including guyed towers, self-supporting (lattice) towers or monopoles but not buildings. The term shall also exclude any support structure under sixty (60) feet in height owned and operated at the residence of an amateur radio operator licensed by the Federal Communication Commission. The height of a telecommunication tower shall be measured from the finished grade to the top of the tower, excluding any elements with a cross section of less than four (4) inches.

TRANSITIONAL SURFACES

Imaginary surfaces established pursuant to FAR Part 77, Section 77.25(e), as may be amended, extending outward at ninety degree (90°) angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety-degree (90°) angles to the extended runway centerline.

TRANSITIONAL ZONE

A zone established and defined in accordance with FAR Part 77, Section 77.25(e) and as further defined in this Section.

USE

As utilized in this Section, "use" shall be defined as the purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.

WAREHOUSE

A structure used for receiving, storing, consolidating and/or distributing goods, materials or merchandise, other than live animals, explosives or flammable gases or liquids.

WILDLIFE

Any wild animal including, without limitation, any wild mammal, bird, reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate or other invertebrate, including any part, product, egg or offspring thereof.

YARD

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.

Uses. The Airport District 2 shall be considered a separate zoning district of the City. The Airport District 2 shall be subject to specific use restrictions and limitations pursuant to this Section. Uses within the Airport District 2 shall be compatible with airport operations and shall be limited to the following:

Permitted uses.

Automobile and truck rental services;

Back offices;

Beauty salons, barbershops;

Bowling alley;

Community centers;

Convenience stores;

Courier services;

Fast-food restaurants;

Filling stations, including emergency towing and repair services, provided that no automobile, truck or other vehicle may be parked or stored in the open on the premises for longer than twenty-four (24) hours. A convenience store, limited in size to five thousand (5,000) square feet of gross floor area, may be permitted in conjunction with such filling station;

Financial institutions including, but not limited to, banks, savings and loans, stockholders and title companies, provided however, small business loan, check-cashing, payday loan or cashing or other similar stores shall not be permitted;

Gymnasiums, swimming pools, handball and racquetball courts (public or private) and tennis courts (public or private) and including other community recreational facilities such as basketball courts, playing fields, batting cages, roller rinks, ice rinks or similar facilities, as long as such facilities are conducted inside of a fully enclosed building with sufficient noise-reducing barriers designed and installed to reduce airport noise emissions to a suitable level;

Home improvement centers;

Hotels;

Laundering services; dry-cleaners;

Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:

(1)

Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2)

Placed underground; or

(3)

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the Plan Commission for review. No building permit or installation permit shall be issued until such plans have been approved by the Plan Commission.

Manufacturing facilities, except:

(1)

Facilities producing or processing explosives or flammable gases or liquids;

(2)

Facilities for animal slaughtering, meat packing or rendering;

(3)

Sulphur plants, rubber reclamation plants or cement plants; and F.1.r. (4) Steel mills, foundries or smelters.

Medical or dental offices; including urgent care centers, out-patient care centers and hospitals;

Offices;

Parking areas, including garages, but not including the outdoor storage of wrecked or otherwise damaged or immobilized vehicles for a period in excess of seventy-two (72) hours;

Plumbing, electrical, air conditioning and heating equipment sales, warehousing and repair facilities;

Police, fire and postal stations;

Postal services; mail packaging services;

Printing and duplicating services;

Professional services;

Public facilities owned or leased by the City;

Radio and television studios or offices;

aa.

Research; research laboratories or facilities;

ab.

Restaurants including drive-through restaurants and banquet facilities;

ac.

Retail markets, shops and stores provided, however, resale used or pre-owned retail stores shall not be permitted;

ad.

Sales, rental and leasing of new and used vehicles, including automobiles, trucks, trailers, construction equipment, agricultural equipment and boats, as well as associated repairs and necessary outdoor storage of said vehicles;

ae.

Schools for business, professional or technical training, but not including outdoor areas for driving or heavy equipment training;

af.

Signs provided, however, no billboards or other advertisement signs shall be permitted;

ag.

Storage and repair garages for public mass transit vehicles;

ah.

Taxicabs and/or limousine services;

ai.

Telecommunication towers and co-used telecommunication towers or disguised support structures, provided however, that the same do not exceed applicable height limitations and restrictions as set forth herein;

aj.

Terminals for buses and other public mass transit vehicles;

ak.

Vehicle service, repair and/or washing facilities, provided however, that the same are appurtenant to a filling station and provided that no body shops shall be permitted;

al.

Veterinary office; animal hospitals;

am.

Warehouses;

an.

Wholesaling or warehousing of manufactured commodities except explosives or flammable gases or liquids.

Accessory uses. Subject to compliance with the procedures of this Section, accessory buildings, accessory structures and accessory uses are permitted in conjunction with a permitted land use or development when such accessory building, accessory structure or accessory use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

Accessory buildings and uses customarily incident to the above permitted uses and approved as part of a site plan in accordance with the site plan review and approval procedure set forth herein;

Permitted signs;

Where a lot is used for a commercial purpose (including manufacturing, office and industrial uses), more than one (1) main building may be located upon the lot provided such buildings conform to the area requirements as set forth herein; and

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Prohibited uses.

Generally. Notwithstanding any other provisions of this Section, no use may be made of land or water in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create a bird strike hazard or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

No use shall be made of land in such a manner as to:

(1)

Release into the air any substance which would impair visibility or otherwise interfere with the operation of aircraft;

(2)

Produce light emissions, either direct or indirect (reflective), which would interfere with the operation of aircraft;

(3)

Produce electrical, magnetic or other emissions which would interfere with the operation of aircraft, aircraft communication or aircraft guidance systems;

(4)

Attract birds, waterfowl or wildlife in a manner that creates a hazard to aviation; or

(5)

Create a hazard to aviation in any other manner.

Lighting. No searchlight, beacon light or other glaring light shall be used, maintained or operated within the Airport District in such a way as to cause a visual hazard to normal aircraft operations. Street lights, pedestrian lights and accent lights shall be selected to have a consistent appearance in material, color and lamp type throughout the Airport District. Exterior lighting shall be designed to provide security and identification. Unshielded wall-mounted lighting fixtures shall be prohibited in parking and loading areas. Building accent lighting and signage lighting shall be shielded to control light pollution.

Smoke or haze. Any land use or activity that produces smoke or haze to a degree that would interfere with normal aircraft operations shall be prohibited.

Prohibited uses. All uses not listed specifically herein shall be prohibited.

Non-conforming uses.

Regulations not retroactive. The regulations prescribed in this Section shall not be construed to require the removal, lowering or other change or alteration of any structure or object existing and not conforming to such regulations as of the effective date of this Section or to otherwise interfere with the continuance of a non-conforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Section and is diligently prosecuted.

Marking and lighting. Notwithstanding the preceding provision of this Section, the owner of any existing non-conforming structure or object is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of Public Works in conjunction with the Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. Such markers and lights shall be installed, operated and maintained at the expense of the City.

No expansion. Not withstanding anything to the contrary herein, except as required by Subsection (F)(4)(b), no non-conforming use shall be enlarged or magnified and no structural alterations that would result in an increase in size, height, density and coverage or other shall be permitted.

Special uses.

[Ord. No. 4650, 12-15-2020]

Medical marijuana facilities.

(1)

Medical marijuana cultivation, dispensary, manufacturing, testing, transportation and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.

(2)

Any building being used as a medical marijuana facility shall have a minimum floor area of one thousand (1,000) square feet.

(3)

Runway Protection Zone (RPZ). Notwithstanding anything set forth in this Section, no building or structure, and no use otherwise permitted pursuant to this Section, shall be permitted within the RPZ. Only objects that need to be located in the RPZ for air navigation purposes as determined by the Airport Authority may be placed in the RPZ. Other uses may be permitted in the RPZ, provided that such uses do not attract wildlife, are outside of an object free area and do not interfere with navigational aids as shall be determined by the Airport Authority.

Minimum Site Requirements. The minimum site requirements for land uses and development in the Airport District are hereby established pursuant to the following regulations:

Performance standards. This Subsection contains the zoning performance standard regulations for the "AD" Airport District. These regulations shall apply to all uses and development within said district, unless otherwise indicated.

Statement of intent. The performance standard regulations shall establish standards for vibration, noise, odor, smoke, toxic gases, emissions, radiation, glare and heat to minimize negative effects on the airport and on adjacent land uses and development.

Performance standards.

(1)

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on any lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the St. Louis County Section governing explosives may exceed these limitations.

(2)

Noise. Every use shall be so constructed and operated that the pressure level of sound or noise generated meets or exceeds the requirements for noise control set forth herein as the "aircraft noise attenuation requirements".

(3)

Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the St. Louis County Section governing air pollution.

(4)

Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the St. Louis County Section governing air pollution.

(5)

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases which exceed the emission levels of the St. Louis County Section governing air pollution.

(6)

Emission of dirt, dust, fly ash and other forms of particulate matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the St. Louis County Section governing air pollution.

(7)

Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.

(8)

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such manner as to be imperceptible without instruments along any lot line of the lot upon which the building is constructed.

(9)

Fire and explosion hazard. The storage and use of any material, whether combustible or non-combustible or which presents an explosion hazard, shall be stored and handled in accordance with the building code and fire prevention code of the City, the standards and regulations of the National Fire Protection Association and the regulations of the fire protection district which has jurisdiction.

Any addition, modification or change in any regulations, code, Section or other standard referred to in the performance standard regulations shall become a part of these regulations.

Minimum natural area, landscaped area and open space. Reserved.

Lot area and yard requirements. The lot area and yard requirements for land uses and development in the "AD-2" Airport District 2 shall be as follows:

Minimum lot area, width. No minimum lot area or width is established for any use in this district, provided however, lot dimensions shall be sufficient to meet the requirements set forth in this Section as determined by the Plan Commission and shall not violate the City's Comprehensive Plan for the "AD-2" Airport District 2.

Front yard, in general. No building or structure is allowed within thirty (30) feet of any roadway right-of-way line.

Front yard, specific regulations and exceptions.

(1)

On corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

(2)

Boundary walls, six (6) feet in height or less, are permitted within the minimum front yard setback.

(3)

Permitted information signs, as approved by the Building Commissioner, are allowed within the minimum front yard setback.

(4)

Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.

(5)

Additional lighting at points of ingress and egress or pathway lighting (and/or light standards) may be approved within the minimum front yard setback.

(6)

Light standards for parking lot lighting and filling station pumps signs are allowed no closer than fifteen (15) feet from any roadway right-of-way line or such other minimum setback as permitted by Subsection (I)(3)(e).

(7)

Filling station canopies are allowed no closer than fifteen (15) feet from any roadway right-of-way line.

(8)

Sightproofing (sight-proof fence) may be required if determined necessary for proper buffering by the Plan Commission on review of a site plan for a specific use. The Plan Commission may approve the use of topographic features, landscaping or walls in lieu of fencing where such alternates are determined to be appropriate.

Side and rear yards, in general. No structure or any storage or display of materials, equipment or vehicles is allowed within fifteen (15) feet of an adjoining property line and such side and rear yard setback may be increased as set forth below if the adjoining property is within a residential district.

Side and rear yards, specific regulations and exceptions.

(1)

Any structure exceeding thirty (30) feet in height located on a lot which adjoins property in a residential district, other than a permitted public utility tower or broadcasting, transmitting or relay towers for radio, television and other communications, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.

(2)

Any area used for the outdoor storage or display of materials, equipment or vehicles which adjoins property in a residential district shall be effectively screened by a sight-proof fence (having a minimum height of five (5) feet and a maximum height of eight (8) feet) located no closer than ten (10) feet from said property line. The setback shall be adequately landscaped as approved on a plan by the Plan Commission. When requested by the property owner, the Plan Commission may approve the use of topographic features, landscaping or walls in lieu of fencing, where such alternates will achieve a comparable effect.

(3)

All other boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks.

(4)

Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in a residential district.

Off-Street Parking And Loading Requirements. "AD-2" Airport District 2 off-street parking and loading requirements shall be as set forth in this Subsection.

Purpose and scope.

For all buildings and structures erected and all uses of land established after the effective date of this Section, off-street parking and loading facilities shall be provided as specified herein.

Whenever the intensity of use of any building, structure or premises shall be increased through the addition of seating capacity or other units of measurement described herein, off-street parking and loading facilities as required in this Section shall be provided for such increase in intensity of use.

Whenever the existing use of a building or structure shall hereafter be changed to a new use so as to increase the required parking and loading facilities in accordance with the requirements of this Section, the specified number of parking or loading spaces shall be provided for such new use in full compliance with this Section.

For any conforming or legally non-conforming building or use which was in existence on the effective date of this Section and which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause and which is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required in this Section for such reconstructed or re-established building or use.

Dimensions. The regulations of this Section shall govern the dimensions of off-street parking spaces.

Except as otherwise provided for in this Section, the requirements for off-street parking shall be as set forth in the following table:

PARKING TABLE
A Parking Angle	B Stall Width	C Aisle To Curb	D Aisle Width*	E Curb Length Per Stall	F Curb To Curb	G Center To Center Width (Of Double Row With Aisle Between)
45°	9.0 feet	19.7 feet	12.5 feet	12.7 feet	51.9 feet	45.6 feet
60°	9.0 feet	21.0 feet	17.5 feet	10.5 feet	59.5 feet	55.0 feet
90°	0.0 feet	19.0 feet	22.0 feet	9.0 feet	60.0 feet

* Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

in the event that the desired parking angle is not specified by the above table, the Director of Public Works may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table.

On-site parallel parking stalls shall be nine (9.0) feet by twenty-two (22.0) feet adjacent to a twenty-two (22) feet two-way lane or fifteen (15) feet where adjacent to a one-way lane.

Curbed islands are required at ends of aisles where the Director of Public Works determines they are necessary for traffic control or drainage.

Parking spaces designated for the handicapped persons.

(1)

Parking spaces designated for physically handicapped persons shall be at least eight (8) feet wide with a five (5) feet access aisle immediately adjacent. Two (2) handicapped parking spaces may share a common access aisle.

(2)

Parking spaces designated for physically handicapped persons shall be located on the shortest possible accessible circulation route to an accessible entrance of the building. In separate parking structures or lots which do not serve a particular building, parking spaces for physically handicapped persons shall be located on the shortest possible pedestrian route to an accessible pedestrian entrance of the parking facility.

(3)

Each parking space designated for physically handicapped persons shall be provided with a freestanding sign bearing the international symbol of accessibility in white on a blue background. Said sign shall be centered at the interior end of the parking space at a minimum height of forty-eight (48) inches from the bottom of the sign to the parking space finished grade.

(4)

The required number of parking spaces for physically handicapped persons shall be as follows:

	TOTAL PARKING	PHYSICALLY HANDICAPPED PARKING SPACES TOTAL NUMBER REQUIRED
	1 — 25	1
	26 — 50	2
	51 — 75	3
	76 — 100	4
	101 — 150	5
	151 — 200	6
	201 — 300	7
	301 — 400	8
	401 — 500	9
	500 — 1,000	2% of total
	1,1001 and over	20 plus 1 for each 100 over 1,000

(5)

Said parking spaces for physically handicapped persons shall be inclusive of the total number required.

Supplementary off-street parking and loading requirements. In addition to the above parking and loading requirements, the following standards shall apply:

All parking and loading areas, including driveways, shall be paved, except where the Director of Public Works may approve an alternate dustproofing method.

All areas for off-street parking and loading shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.

Off-street parking areas shall provide ingress and egress to any public right-of-way only at such location as approved by the Missouri Highway and Transportation Department, Saint Louis County Department of Highways and Traffic and the City, depending on which has jurisdiction over the public right-of-way.

Off-street parking spaces and loading areas shall be located on the same lot as the use to be served except as provided herein. Said spaces shall not encroach into any public right-of-way.

No unenclosed parking or loading space or internal drive, except for ingress and egress drives, shall be closer to the street right-of-way than fifteen (15) feet. The area within fifteen (15) feet of the street right-of-way shall be landscaped as approved by the Plan Commission and such landscaping shall be adequately maintained.

No unenclosed parking or loading space or internal drive shall be closer than five (5) feet to a side property line or ten (10) feet to a rear property line. All parking setbacks shall be landscaped as approved by the Plan Commission. Setbacks that adjoin any non-commercial use district shall be effectively screened by sight-proof materials such as topographic features, plantings, walls, decorative fencing or a combination thereof. Such screening shall not be less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations require other arrangements. Fences shall be constructed of solid wood, masonry, vinyl or other appropriate material as approved by the Plan Commission.

Parking for one (1) or more uses may be provided on a separate lot from the use or uses to be served when said separate lot is within three hundred (300) feet of the use or uses to be served, as measured along a pedestrian pathway. When two (2) or more uses combine to provide the required parking space jointly, the parking space so provided shall equal the total spaces required if each were to provide parking space separately. Joint or remote parking areas provided in accordance with this paragraph shall be comprised of a minimum of twenty (20) stalls. Such parking must be approved by the Plan Commission. Subsequent to approval, said parking plan and an appropriate legal instrument of agreement between the owners of the various properties involved shall be recorded with the St. Louis County Recorder of Deeds. Such recorded plans and agreement shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included in the plan to those uses and conditions approved by the Plan Commission and agreed to by the owners of the properties involved. The minimum parking requirements for uses or centers having a gross floor area of one hundred twenty-five thousand (125,000) square feet or more (combined or single use or ownership) may be reduced by fifteen percent (15%) when authorized by the Plan Commission and where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

All screening and landscaping shall be approved by the Plan Commission.

All off-street spaces or loading areas shall be maintained in a clean, orderly and dust-free condition. Parking and loading areas shall be provided with adequate stormwater drainage in accordance with the requirements of the Metropolitan St. Louis Sewer District.

The illumination of off-street parking and loading areas shall be as approved by the Director of Public Works.

All off-street parking and loading spaces shall be striped.

Computation and interpretation of requirements. Except as otherwise provided, parking spaces in the "AD-2" Airport District 2 shall be based on the gross square area as measured from the interior walls or from the interior line of walls separating two (2) buildings or structures.

In calculating the number of spaces required, floor area shall not include any area used for the following:

(1)

Elevator shafts and stairwells;

(2)

Floor spaces and shafts for mechanical or electrical equipment;

(3)

Janitorial rooms and related storage;

(4)

Show windows not accessible to the public;

(5)

Dressing rooms;

(6)

Employee cafeteria and lounge areas;

(7)

Restrooms;

(8)

Entrance lobbies;

(9)

Storage areas accessory to the main use;

(10)

Interior parking and loading areas for vehicles or equipment.

Where fractional spaces result, the parking spaces required shall be the next highest whole number.

Where no minimum requirement is specified or when one (1) or more parking requirements may be construed as applicable to the same use, lot or building, the final determination of required parking shall be made by the Plan Commission.

When the occupancy load of a building used for public assembly (i.e., restaurants, etc.) exceeds the available number of parking spaces, there shall be a corresponding reduction in the maximum occupancy of the building. A ratio of two and one-half (2.5) persons per parking stall shall be used to calculate the reduction in occupancy.

Where a building is used for multiple uses and where the floor area used for each use is below the minimum required for loading area, but the aggregate floor area used is greater than the minimum, then the loading space shall be provided as if the entire building is used for that use which requires the most spaces.

Except as otherwise provided, the number of employees shall be compiled on the basis of maximum number of persons employed on the premises at one (1) time on an average day or night, whichever is greater. Seasonal variations in employment may be recognized and used by the Plan Commission.

Where an addition to or change in use creates greater parking requirements than the amount being provided, additional parking shall be required in accordance with the provisions of this Section.

No off-street parking or loading space required under this Section shall be used for any other purpose.

Notwithstanding anything to the contrary herein, in addition to Subsections (I)(3)(g) and (I)(3)(h), the number of off-street spaces for a specific use as set forth in Subsection (I)(5) may be varied to allow for a reduction in the number of spaces required if it can be demonstrated to the satisfaction of the Plan Commission that future parking requirements could be accommodated as required.

Schedule of required off-street parking spaces.

Use	Minimum Parking Requirement	Minimum Loading Requirement
Automobile and truck rental services	1 space per 400 square feet of floor area	None
Banking services	5 spaces for every 1,000 square feet of floor area (excluding areas under canopy)	None
Beauty and barbershops	3 spaces for every chair	None
Books, retail	4.5 spaces for every 1,000 square feet of floor area	See Table B
Drinking places and alcoholic beverages	1 space for every 2 seats provided in areas allocated to table seating, plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every 4 lineal feet of bar frontage, plus 1 space for every 4 lineal feet of bar rail applied along interior walls or columns, plus 1 space for every standing-type cocktail table, plus 1 space for every 12 square feet of open area where patrons may stand, plus 1 space for every 12 square feet allocated to a queuing or waiting area (including enclosed vestibules, air lock areas between entry doors, areas allocated to food service waiting lines and areas allocated to order taking and delivery)	None
Dry goods and general merchandise, retail	5.5 spaces for every 1,000 square feet of floor area	See Table B
Equipment rental and leasing services	3.5 spaces for every 1,000 square feet of floor area	See Table A
Furniture store, retail	3 spaces for every 1,000 square feet of floor area	See Table A
Gasoline filling stations	1 space for every employee on the maximum shift	None
Home improvement centers	4.5 spaces for every 1,000 square feet of floor area	See Table B
Hotels, tourist courts and motels	1 space for every sleeping unit, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table B
Laundering and dry cleaning and pickup	5 spaces for every 1,000 square feet of floor area	See Table A
Medical and dental offices; Urgent Care out-patient centers	4.5 spaces for every 1,000 square feet of floor area or 4 spaces for every doctor and 1 space for every additional employee, whichever is greater	See Table B
Motor vehicles (new and used cars), retail	3.5 spaces for every 1,000 square feet of floor area of sales and show room area, 3 spaces for every service bay in repair garage areas and 1 space for every vehicle customarily used in the operation of this use or stored on the premises. This shall not include space provided for vehicles for sale or lease.	See Table A
Child care centers	2 spaces, plus 1 space for every employee on the maximum shift; a paved unobstructed pickup space with adequate stacking area (as determined by the Department of Planning) shall be provided in addition to standard driveway and parking requirements OR 1 space for every 6 children; a safe pedestrian walkway system as approved by the Department of Planning shall be provided through parking areas to the building entrance, with a safety zone a minimum of 15 feet in width between parking spaces in front of the building entrance, shall be provided in addition to standard driveway and parking requirements	None
Professional services	5 spaces per 1,000 square feet of floor area	None
Restaurants (drive-through)	1 space for every 2 seats to be provided in areas allocated to table seating, plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every 12 square feet of floor area allocated to order taking, delivery areas and food service waiting lines.	None
Restaurants	1 space for every 3 seats to be provided in areas allocated to table seating, plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every 12 square feet allocated to a queuing or waiting area (including enclosed vestibules, air lock areas between entry doors, areas allocated to food service waiting lines and areas allocated to order taking and delivery), plus all applicable standards for areas of the establishment which are allocated to bar areas (see parking standards for "Drinking places and alcoholic beverages" herein)	None
Tires, batteries and accessories, retail	3.5 spaces for every 1,000 square feet of floor area	See Table B
Veterinarian services animal hospitals	4 spaces for every doctor plus 1 space for every additional employee	None
Amphitheater	1 paved space for every 3 fixed seats, plus 1 paved space for every 25 square feet of open seating area when there is not fixed seating, plus 1 paved space for every 1,000 square feet of athletic field, stage or exhibit space, plus 1 paved space for every 2 employees on the maximum shift	None
Bowling	5 spaces for every alley	None
Ice and roller rinks	1 space for every 100 square feet of skating area or playing surface	None
Parks; leisure and ornamental	Space equivalent to 1% of the total land area. Parking area available along park roads or private drives may be used to fulfill this requirement.	None
Recreation centers	3.5 spaces for every 1,000 square feet of floor area	None
Swimming pools	2 spaces for every 100 square feet of water area	None
Tennis courts	4 spaces for every court	None
Hospitals services	1 space for every 2 beds, plus 1 space for every staff doctor and employee on the maximum shift	None
Postal services	4 spaces for every customer service station, plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Primary and secondary schools	1 space for every classroom and office and 1 space for every 4 students over 16 years of age	None
Schools, special, vocational and trade	1 space for every classroom and office	None
Laundry or dry cleaning plants	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Plumbing and air conditioning; equipment and supplies	3.5 spaces for every 1,000 square feet of gross floor area of sales and office area, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Warehousing and storage, general	1 space for every 1.5 employees on the maximum shift, but with a minimum of 1 space per 1,000 square feet of floor area	See Table A
Radio and television communication studios	4 spaces per 1,000 square feet of floor area	None
Taxicab and limousine transportation	1 space for each employee on the maximum shift	None

Minimum loading requirements. When required in conjunction with uses specified elsewhere in this Section, loading spaces shall be provided in accordance with the following tables:

	TABLE A
	Gross floor area (square feet)	Number of minimum 10-foot by 40-foot loading spaces*
	5,000 — 23,999	1
	24,000 — 59,999	2
	60,000 — 95,999	3
	96,000 — 143,999	4
	144,000 — 191,999	5
	192,000 — 239,999	6
	240,000 — 293,999	7
	294,000 — 348,000	8
	For each additional 54,000	1 additional loading space

TABLE B
	Number of loading spaces
Gross floor area (square feet)	10-foot by 25-foot minimum	10-foot by 40-foot minimum*
2,000 — 9,999	1
10,000 — 24,999	2
25,000 — 100,000	2	1
For each additional 100,000		1 additional

* Each ten (10) foot by forty (40) foot loading space shall have a height clear of obstruction of not less than fourteen (14) feet.

Additional requirements.

All vehicles, except those hereafter set forth, shall be permitted to park in the Airport District. No vehicle may park in a front yard except in a paved driveway.

No inoperable or unlicensed vehicles and trailers shall be parked on the premises unless they are parked within an enclosed structure.

Whenever an existing building is changed as to use or is enlarged in floor area, the spaces provided shall comply with the minimum parking requirements set forth herein, based on such new use or enlarged floor area.

Supplemental parking requirements may be imposed by the Plan Commission pursuant to the site plan approval procedure as set forth in this Section; provided however, that such supplemental parking requirements shall be uniform throughout the Airport District and approved by the City after a public hearing.

Signage.

Purpose. It is the purpose of this Section to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within the "AD-2" Airport District 2 in order to promote public safety, health and general welfare of the community. These regulations are specifically designed to:

Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the City.

Prohibit hazardous and dangerous signs.

Provide a desirable and attractive living environment through harmonious and uniform signage.

Scope.

The provisions of this Section shall govern the erection, alteration and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, size, content, construction, structure and fire safety.

The provision of this Section shall not apply to:

(1)

Flags of any nation, State, County, City or other governmental unit and any not-for-profit organization.

(2)

Banners of any nation, State, County or City affixed to utility poles provided approvals are received from the utilities and governmental units having jurisdiction over the poles and adjacent rights-of-way respectively.

(3)

Signs or other materials temporarily displayed in conjunction with traditionally accepted patriotic, religious or local holidays or events.

(4)

The erection, construction and maintenance of official traffic, fire and police signs, signals and devices and markings of the State, County or City.

(5)

Non-illuminated directional or informational signs of a public nature.

(6)

Real estate signs not exceeding six (6) square feet in area, which advertise the sale, rental or lease of the premises, upon which said signs are located only. These signs shall be removed within five (5) days following the sale or lease of the property being advertised for sale or lease.

(7)

Bulletin boards not over thirty-two (32) square feet in area for public, charitable or religious institutions which are located on the premises of said institutions.

(8)

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(9)

Professional name plates or occupational signs.

(10)

Signs erected inside a building not visible through windows.

Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section except when the context clearly indicates a different meaning:

ABANDONED SIGN

A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

ANIMATED SIGN

Any sign which includes action or motion. For purposes of this Section, this term does not refer to flashing or changing, all of which are separately defined.

BANNER

A sign made of fabric, plastic, paper or other light pliable material not enclosed in a rigid frame.

BUILDING FACE OR WALL

All window and wall areas of a building in one (1) plane or elevation.

CHANGEABLE COPY SIGN (MANUAL)

A sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.

CHANGING SIGN (AUTOMATIC)

A sign such as an electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.

COPY

The wording or graphics on a sign surface.

ERECT

To build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate.

FACADE

The front or main part of a building facing a street; for purposes of this Section, the facade is defined as measured from the ground elevation to the head beam.

FILLING STATION (SERVICE STATION)

Any business which dispenses or is designed to dispense gasoline and/or oil for use in motor vehicles or boats.

FLASHING SIGN

Any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not defined as "flashing signs".

GROUND LEVEL

Immediate surrounding grade.

HEIGHT OF SIGN

The vertical distance measured from the surrounding grade to the highest point of a sign.

ILLEGAL SIGNS

A sign which contravenes this Section or a non-conforming sign for which a permit required under a previous Section was not obtained.

INTERCHANGE

The system of interconnecting ramps between two (2) or more intersecting guideways, rail lines, highways and so on that are grade separated.

INTERIOR PROPERTY LINE

Property lines other than those forming a dedicated public right-of-way.

INTERSECTION

The point at which two (2) or more guideways or roadways meet.

LOGO

A letter, character or symbol used to represent a person, corporation or business enterprise.

OWNER

A person recorded as such on official records and including the duly authorized agent or notary, a purchase lessee; any person having a vested or contingent interest in the property or business in question.

PREMISES

An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

ROOFLINE

The highest point of the coping on a flat roof, false mansard or parapet wall; the deckline of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean height level between the eaves and ridge for a gable or hip roof.

SEASONAL OR SPECIAL OCCASION TEMPORARY SIGNS

A sign which is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.

SHOPPING CENTER

A building containing four (4) or more shops, stores and other places of business and providing off-street parking facilities in common for all of the businesses and their customers.

SHOW WINDOW SIGNS

Any temporary sign advertising sales or specials attached to or within three (3) feet of the glass surface of any fixed window (glazing) visible from a public right-of-way.

SIGN

Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem, painting, banner, pennant or placard designed to advertise, identify or convey information with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. Not included are decorative devices or emblems as may be displayed on a residential mailbox. For the purpose of this Section, this definition shall include those signs painted directly upon a building or other structure.

SIGN AREA

The area of the sign face. The sign area of a multi-faced sign is the sum of the sign areas of each face, including structural trim, which can be seen from a single location on an adjacent street. If a sign is attached to a building or suspended in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing an imaginary straight line around a generally rectangular margin and measuring the area so encompassed upon a building or other structure.

SIGN ARM

The horizontal element of a pole sign from which the message area of the sign is attached.

SIGN, ATTACHED

A sign erected or placed upon the wall of any building with the plane of the face parallel to the plane of the wall below the roofline.

SIGN, AUTOMATED TELLER MACHINE

A sign that is painted or otherwise permanently affixed to a canopy whose principal function is to provide shelter to and identification of an automated teller machine (ATM).

SIGN, AWNING

A sign that is painted or otherwise permanently affixed to an awning whose principal function is providing shelter to and identification of a building entrance.

SIGN, COMMERCIAL DIRECTORY

A permanent pole sign designating the name of a commercial center and listing the various tenants of the center.

SIGN, CONSTRUCTION

A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor and/or financing institutions of the project.

SIGN, DIRECTIONAL

A sign which indicates a direction for vehicular or pedestrian traffic or other movement.

SIGN, FLUTTERING

A sign which flutters and includes banners, flags, pennants or other flexible material which moves with the wind or by some artificial means.

SIGN, GROUND-MOUNTED

Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion erected upon or supported by the ground, a ground planter box or other supports with an aggregate width of at least fifty percent (50%) of the width of the sign.

SIGN, HANGING

Any sign hanging entirely beneath a canopy, portico, marquee or below an arm on a residential pole sign.

SIGN, ILLUMINATED

Any sign which is illuminated by light source mounted on or in the sign or at some other location.

SIGN, MEMORIAL OR TABLETS

The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication or other similar information.

SIGN, NON-CONFORMING

A sign legally erected prior to this Section, but which does not conform to the provisions of this Section.

SIGN, OCCUPATIONAL AND/OR IDENTIFICATION

An attached wall sign not larger than five-tenths (.5) square feet in area identifying the name of a person occupying a building and mounted adjacent to the main entrance of the building.

SIGN PERMIT

A license to proceed with erecting, construction, posting, altering, enlarging, maintaining or relocating a sign. Said permit is issued by the City and must be constructed in accordance with all applicable building codes.

SIGN, POLE

Any detached sign located on the same lot or parcel as the use it advertises which is supported by one (1) or more stationary poles no taller than thirty (30) feet above the mean grade line of the ground at its base, provided that this shall not include a permitted ground sign as set forth.

SIGN, POLITICAL

A temporary sign advocating or opposing any political proposition or candidate for public office.

SIGN, PROJECT IDENTIFICATION

A permanent sign identifying a planned development, commercial/industrial subdivision or multi-family residential project.

SIGN, PROJECTING

Any sign which projects more than twelve (12) inches beyond the plane of the wall on which the sign is erected or attached.

SIGN, PROPERTY REAL ESTATE

A sign pertaining only to the prospective rental, lease or sale of the property upon which it is located. Real estate signs shall be excluded from the definition of pole signs.

SIGN, ROOF

Any sign erected on a roof but excluding marquee and canopy signs and wall signs. The generally vertical plane of a mansard-type roof shall be interpreted as the same as a wall of a building.

SIGN STRUCTURE

The sign and all parts associated with its construction.

SIGN SUPPORTS

All structures by which a sign is held up including, for example, poles, braces, guys and anchors.

SIGN, TEMPORARY

Any sign intended for a limited or intermittent period of display.

SIGN, WINDOW

A temporary or permanent sign affixed to the interior or exterior of a window or placed immediately behind a window pane.

SPECIAL DISPLAYS

Signs not exceeding thirty-two (32) square feet, used for holidays, public demonstrations or promotion of civil welfare or charitable purposes.

STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARD

Any sign intended to attract general public interest concerning a commercial enterprise, product, service, industry or other activity not conducted, sold or offered on the premises upon which the sign is erected. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights on braces on the ground. Real estate signs and political signs are excluded from this definition. Standard outdoor advertising structure and/or billboards shall not be permitted within the "AD" Airport District.

Administration and enforcement.

Application/zoning approval. Except where herein otherwise stated, no sign subject to the regulations of this Section shall be erected without obtaining a sign permit. To obtain a sign permit, the person(s) erecting the sign shall obtain approval from the Building Commissioner. To obtain approval, the person(s) shall complete an application form provided by said Building Commissioner. Applications for sign permits shall include, but not be limited to, the following:

(1)

The names, addresses and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, the locator number and the person to be erecting or affixing the sign.

(2)

The location of the building, structure or lot on which the sign is to be erected or affixed.

(3)

A site plan of the property involved showing accurate placement thereon of the proposed sign.

(4)

One (1) blueprint or ink drawing of the plans and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color and weight.

(5)

If required by the Building Commissioner, a copy of stress sheets and calculations prepared by or approved by a registered structural engineer licensed by the State of Missouri showing that the sign is designed for dead load and wind pressure in any direction in the amount required by this and all other applicable regulations.

(6)

An easement of record from the owner of the building, structure or property on which any off-site or project identification sign is to be erected or affixed.

(7)

Commercial subdivision signs and/or project identification signs shall require written and graphic analysis of the sight lines along the public right-of-way. This study shall evaluate the visibility of the sign based on travel speed, reaction time and distance.

(8)

Such other information as the Building Commissioner may be required to determine full compliance with this and other applicable ordinances of the City.

Compliance with building and electrical codes. The provisions of the applicable building code and electrical code adopted by the City for the Airport District shall govern the construction, alteration and maintenance of all signs and outdoor display signs, with their permanent and auxiliary devices, so far as they do not conflict with the provisions of this Section. The Building Commissioner shall enforce all provisions of these codes.

Removal of signs.

(1)

Unsafe signs shall be removed as provided in the building code.

(2)

The Building Commissioner may cause the removal of any sign that is an immediate peril to persons or property summarily and without notice.

(3)

If any sign is erected without a permit, the Building Commissioner shall order it removed.

(4)

If a sign is erected or maintained so as to obstruct free ingress or egress from any door, window or fire escape, the Building Commissioner shall order it removed.

Prohibited signs. The following signs and advertising devices are hereby prohibited:

Animated signs;

Any sign erected in a public easement or right-of-way except as provided in this Section;

Any sign erected so as to prevent free ingress to or egress from any door or window or any other exit way required by the building or fire codes of the City;

Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property;

Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal or other traffic control device. Nor may any sign, by reason of its shape, position or color, interfere with or be confused with any authorized traffic signal, sign or device. Further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from or while traveling on the public right-of-way;

Any on-premises sign advertising an article or product not manufactured, assembled, processed, repaired or sold or a service not rendered upon the premises upon which the sign is located;

Any sign or advertising device such as banners and pennants affixed on poles, wires, ropes or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, banners, street banners and "A" frames or other portable signs of like nature and other similar contractions or techniques;

Signs placed or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer;

Off-premises signs except as provided in this Section;

Flashing signs including electronic message centers; however, not including digital time and temperature signs involving only that information and no further or additional information of an advertising nature. Such time/temperature signs shall be constant or steady in nature and shall not grow, melt, x-ray, up or down scroll, write-on, travel, inverse, roll, twinkle, snow or present pictorials or other animation;

Portable signs, signs not permanently affixed to the ground;

Signs which contain characters, cartoons, statements, words or pictures of an obscene, indecent, prurient or immoral character; and

Standard outdoor advertising structure and/or billboard.

Non-conforming signs. Any sign legally existing prior to enactment of this Section, but which shall violate any provision of this Section, may continue to be maintained and used subject to the following provisions:

Enlargement. No non-conforming signs shall be enlarged, expanded or extended to occupy a greater square footage or height than was occupied on the date of adoption or amendment of this Section.

Relocation. No non-conforming signs shall be moved in whole or in part to any other portion of the lot, parcel or building not so occupied on the date of adoption of this Section, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening or improvement of a street, highway or other public purpose may be relocated once and allowed to be maintained and used as before.

Discontinuance. If the business or service advertised or identified by a non-conforming sign ceases to be conducted for a period exceeding thirty (30) calendar days, the non-conforming sign shall be classified as an "abandoned sign" and removed.

Destruction. Should any non-conforming sign be destroyed by any means to an extent of up to fifty percent (50%) of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this Section.

If any existing sign is repainted or the sign panels be replaced for the purpose of changing the business, occupation or tenant advertised or identified, it shall be considered a new sign. However, the repainting or replacement of panels on a billboard shall not be considered a new sign. Ordinary maintenance or repair of an existing sign to a safe condition shall not be cause to classify the sign as a new sign.

In cases of doubt or on a specific question rose whether a non-conforming sign exists, it shall be a question of fact decided by the Building Commissioner.

Signage — setbacks.

Permitted information signs are allowed within the minimum front yard setback.

Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.

Other signs may be permitted within the required setbacks as permitted by the Building Commissioner.

Height Limitations For Structures. Unless otherwise restricted by application of regulations and requirements set forth herein, the total height of any structure, not including rooftop mechanical equipment to such structure, shall not exceed forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure.

Establishment of certain zones. Airport District zones ("Zone(s)") are hereby created and established in the City, which zones include all of the land lying beneath approach surfaces, transitional surfaces, horizontal surfaces and/or conical surfaces (as such terms are defined herein) as they apply to the Airport District and to the City in general. Such zones are created pursuant to FAR Part 77, Subpart C (2004) and shall be amended from time to time in accordance with any amendments to FAR Part 77 as applicable to the airport.

Airport zone height limitations. Except as otherwise provided for in this Section, no structure shall be erected, altered or maintained and no tree or other object of natural growth shall be allowed to grow in any zone created by this Section to a height in excess of the applicable height herein established for such zone. Other regulations appearing in this Code that are inconsistent herewith are superseded to the extent of such inconsistency. An area located in more than one (1) of the above defined zones shall be deemed to be in the zone with the more restrictive height limitation.

Zone height limitations established. The various zones and their height limitations are hereby established and defined as follows:

"Approach zone" shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping fifty (50) feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline; thence sloping upward one (1) foot vertically for each forty (40) feet horizontally to an additional distance of forty thousand (40,000) feet along the extended runway centerline.

"Transitional zones" shall be the areas beneath the transitional surfaces. The height limitations shall be established by an imaginary plane sloping seven (7) feet outward for each foot upward, commencing at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of one hundred fifty (150) feet above the airport elevation as specified in Subsection (K)(3)(e) of this Section. In addition to the foregoing there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of five thousand (5,000) feet measured at ninety degree (90°) angles to the extended runway centerline.

"Horizontal zone" is established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The height limitation shall be established by an imaginary plane lying one hundred fifty (150) feet above the airport elevation as designated in Subsection (K)(3)(e) of this Section.

"Conical zone" is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand (4,000) feet.

The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation as designated in Subsection (K)(3)(e) of this Section and extending to a height of three hundred fifty (350) feet above the said airport elevation.

Nothing in this Section shall be construed to prohibit the emplacement, construction, maintenance or growth of any object not exceeding a height of thirty-five (35) feet above the airport elevation at the base of such object.

Notwithstanding any other provisions of this Code, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create a bird strike hazard or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

The regulations prescribed by this Section shall not be construed to require the removal, lowering or other change or alteration of any object not conforming to such regulations as of the effective date of this Section or to otherwise interfere with the continuance of a non-conforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any object, the construction or alteration of which was begun prior to the effective date of this Section and is diligently prosecuted. Notwithstanding the preceding provision of this paragraph, the owner of any existing non-conforming structure or object is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of Public Works upon consultation with the Airport Authority to indicate to the operators of aircraft in the vicinity of the airport of the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the City to be protected thereby.

Permitting. The following regulations regarding permitting are hereby adopted for the purpose of preventing the creation or establishment of obstructions that are a hazard to aviation. It is hereby determined that it is necessary and in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to aviation be prevented and that the prevention of these obstructions should be accomplished, to the extent possible, by the exercise of the police power without compensation.

(1)

Future uses. Except as specifically provided for in (1), (2) and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree or other object of natural growth shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted by the Plan Commission. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity on which to base a determination whether the resulting use, structure, tree or object of natural growth would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Section shall be granted unless a variance has been approved by the Board of Adjustment.

Site Development Plan Approval.

Intent and purpose. The site development plan ("site plan") approval procedure for the Airport District as set forth herein is intended to ensure the adequate review and consideration of potential impacts of proposed development within the Airport District upon the airport and upon surrounding uses and activities. In addition, the site plan approval procedure for the Airport District as set forth herein is intended to encourage and enforce a high standard of site, building and other improvement design and development and which are consistent and compatible with airport operations. Other regulations appearing in this Chapter that are inconsistent herewith are superseded to the extent of such inconsistency.

Principles and standards. In reviewing the site plan, the Plan Commission shall ascertain whether it is consistent with all regulations of the Zoning Section including, but not limited to, this Section. Further, in consideration of each application and site plan, the applicant shall demonstrate to the satisfaction of the Plan Commission that the street, parcel and development pattern proposed is specifically adapted to the uses anticipated. The following principles and standards shall be observed:

Traffic. The movement of vehicular and pedestrian traffic, including pedestrian access to open-space and recreational areas, within the site to be developed and in relation to access streets shall be safe and convenient. A traffic study may be required, as appropriate.

Surrounding uses. The proposed development will not be harmful to the existing and future uses in the immediate area or the airport.

Buffer yards. Public use areas that buffer lots shall be landscaped to screen views of the service and functional needs of such lots. Particular attention should be paid to views from public streets, nearby structures, adjoining properties and adjoining recreational areas.

Street and driveway intersections. Planting design for intersections shall not impede safe sight lines for vehicles, bicyclists and pedestrians. Generally, plantings should be shrubs, annuals, perennials and ground covers of low height.

Irrigation. Automatic underground irrigation systems shall be installed in all landscaped areas.

Parking areas. Landscaping shall be integrated into the parking areas to interrupt large masses of paving, to provide shade and to emphasize pedestrian corridors within the parking areas. Canopy trees shall be provided on the ends of parking rows, within parking rows and surrounding parking areas and shall be planted with a minimum of one hundred sixty (160) square feet per tree.

Prohibited plants. Plants known to produce material which interferes with modern mechanical devices (such as cottonwood or sycamore) or which cause other mechanical maintenance problems shall be prohibited.

Recreational areas. Plantings shall be installed in conjunction with recreational uses. Plantings should be used to define edges, screen views and provide shade for users.

Relation to architecture. Landscape elements shall relate to architectural design elements and shall reflect the physical and functional qualities of the Airport District.

Screening. Landscaping shall screen views to loading zones, dumpsters and large trash receptacles and mechanical equipment.

Street trees. Where public use areas adjoin public streets, there shall be trees planted within the right-of-way at a minimum spacing of fifty (50) feet on center. Such trees shall be of a species and variety consistent with the plantings already planned or installed along the street. Street trees shall have a minimum caliper of two and one-half (2.5) inches.

Trees and shrubs. Ornamental trees and shrubs shall be utilized in all landscaped areas to create color and variety. Evergreen trees shall be utilized in landscaped areas to create year-round screening and color.

Unpaved ground. All unpaved ground (including vacant lots) shall be landscaped in a manner that is complementary to surrounding architecture, provides the required screening and forms a transition to natural and other landscape features.

Yards — front, side and rear. Landscaping shall frame desirable views of buildings and identify vehicular and pedestrian entries.

Environmental art. Environmental art, including public art, fountains and earthworks, shall be incorporated throughout public use areas, including signage node locations.

Lighting. Street lights, pedestrian lights and accent lights shall be selected to have a consistent appearance in material, color and lamp type throughout the Airport District. Exterior lighting shall be designed to provide security and identification. Unshielded wall-mounted lighting fixtures shall be prohibited in parking and loading areas. Building accent lighting and signage lighting shall be shielded to control light pollution. Under canopy lighting shall be flush with the bottom surface of the canopy.

Hazardous wildlife. Land uses and development in the Airport District shall be restricted to those uses which do not enhance the attractiveness of the Airport District to hazardous wildlife. Specifically, stormwater detention ponds shall hold stormwater for short periods of time, rather than indefinitely. Such detention ponds shall be steep-sided, narrow, linearly-shaped, riprap lined, water detention basins. All vegetation in or around such detention ponds that provides food or cover for hazardous wildlife shall be eliminated. Where possible, the use of underground stormwater infiltration systems shall be used.

Open spaces. Pedestrian access points shall be provided adjacent to open spaces. Drives and vehicular circulation patterns shall allow for emergency vehicles to easily access open spaces.

Pedestrian circulation. A linked system of sidewalks, walkways, paths and trails shall be developed allowing pedestrians and bicyclists to travel throughout the Airport District and to access open spaces, natural areas, recreational areas and public use areas. Parking areas and building entrances shall be connected to the larger pedestrian network.

Perimeter buffer. Public use areas located around the perimeter of the Airport District, but not adjacent to similar neighboring airport districts, shall be developed to separate and screen commercial uses in the Airport District from existing residential uses outside thereof. These perimeter public use areas shall be used as corridors for hiking and biking trails.

Public streets. All public streets shall be constructed in accordance with the Airport District subdivision regulations.

Sanitary sewers. Sanitary sewers shall be constructed to Metropolitan St. Louis Sewer District (MSD) standards and dedicated to MSD.

Service and loading. Service and loading areas shall be located to avoid direct views thereof from public use areas and open spaces. Building elements and landscaping shall be used to screen such areas and vehicles that may be located therein.

Application and submission requirements.

All new construction or development within the Airport District 2 shall be required to receive site plan review and approval from the Plan Commission.

Any person with a financial, contractual or proprietary interest in the property to be developed may file a request for site plan review by the Plan Commission by filing with the Plan Commission the completed application upon the forms provided for by said body and payment of the review fee, if any. As an integral part of said application, the applicant shall file at least twenty-two (22) copies of a site plan in the office of the Plan Commission.

Any such site plan application shall contain the following information, as well as such additional information as the Plan Commission may require.

(1)

All applications shall be signed by the applicant and shall state the applicant's name and current mailing address.

(2)

The site plan shall include all necessary data and drawings to enable the Plan Commission to determine whether the proposed use and development complies with the Airport District 2 requirements.

Every site plan submitted to the Plan Commission shall be in accordance with the following requirements of this Section:

(1)

The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals one hundred (100) feet and of such accuracy that the Plan Commission can readily interpret the plan and shall include more than one (1) drawing, where required for clarity.

(2)

The property shall be identified by lot lines and location, including dimensions, angles and size, correlated with the legal description of said property. The site plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer or land surveyor. It shall also include the name and address of the property owner(s), developer(s) and designer(s) (and their seal).

(3)

It shall show the scale, north point, boundary dimensions and natural features such as woodlots, streams, rivers, lakes, drains, topography (at least two (2) foot contour intervals; when terrain is irregular or drainage critical, contour interval shall be two (2) foot) and similar features.

(4)

It shall show existing man-made features such as buildings, structures, easements, high tension towers, pipe lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts and drains and shall identify adjacent properties within one hundred (100) yards and their existing zoning and uses.

(5)

It shall show the location, proposed finished floor and grade line elevations, size of proposed main and accessory buildings, their relation to one another and to any existing structures to remain on the site and the height of all buildings and structures, as well as building elevations and materials proposed for the structures under consideration.

(6)

It shall show the proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of parking spaces in the off-street parking areas and identification of service lanes, service parking and loading zones in conformance with the requirements set forth herein.

(7)

It shall show the location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property. All necessary utilities (public and private) will be available, functioning and usable at the time any stage of the project or the total project is ready for occupancy.

(8)

Any proposed alterations to the topography and other natural features shall be indicated.

(9)

The location, height and intensity of all exterior lighting.

(10)

The location and type of trash pickup proposed must be designated.

(11)

The location of the site and its relationship to surrounding uses, buildings and zoning.

(12)

The location and size of each building on the site.

(13)

The dimensions and area of the lot or site.

(14)

The location of all existing trees over six (6) inches caliper if deciduous or over six (6) feet in height if evergreens and an indication of all such trees to be removed and all to remain.

(15)

Landscape plan, including a detailed drawing to scale and schedule of all plant material to be provided or preserved by the plan including the size, location, type and method of planting for trees, shrubs and ground covers as well as related site improvements such as walls, berms, fences, walkways, street furniture and lighting elements.

(16)

The location, general design and width of driveways, curb cuts and sidewalks.

(17)

Existing and proposed site grades at a minimum two (2) feet contour intervals.

(18)

Erosion and stormwater management plan as required.

(19)

The general use and development of the site, including all recreation and open space areas, plazas, all major landscaping and all buffering from adjacent activities or uses.

(20)

Existing and proposed on-site utilities including stormwater collection and detention, gas, electricity and telephone lines or substations.

(21)

The location and identification of any other proposed facilities or site improvements.

(22)

An architect's rendering of the proposed structure or facility to be provided.

(23)

The location, size and height of all freestanding signs.

More specific submission requirements may be separately published as administrative regulations passed and approved by the Plan Commission and filed with the City Clerk.

Review procedure.

An application for site plan review shall be submitted for any new construction or development within the Airport District.

The Director of Public Works shall coordinate the review and analysis of the application for site plan review by its staff, before forwarding the site plan to the Plan Commission on the application. The Plan Commission shall undertake review and shall approve or deny the site plan and application therefore at its scheduled meeting. Written notice will be sent at least five (5) days prior to the applicant stating the time and place of review of the site plan by the Plan Commission. E-mailing the applicant will also fulfill this requirement. This coordinated administrative review of the application shall be completed within sixty (60) days of the date of filing.

Preliminary site plan review. At the applicant's discretion, he/she may choose, following the submission of the report to the Plan Commission, to regard his/her initial application as a preliminary site plan. He/she may then respond to the review of the Plan Commission and submit a revised final site plan to the Plan Commission for its consideration and final action within an additional forty-five (45) days thereafter.

Approval of site plan. Upon Plan Commission review of a site plan, the applicant shall file with the Director of Public Works twelve (12) copies thereof, which shall be forwarded to the City Council for final review. If the site plan is denied by the City Council, explanation and notification of denial shall be given to the applicant(s).

Effect of denial of site plan. No application which has been denied (either wholly or in part) shall be resubmitted for a period of eight (8) months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by resolution of the Director of Public Works.

Expiration of site plan certificate. The site plan certificate shall expire and be of no effect one hundred eighty (180) days after the date of issuance thereof, unless within such time a building permit for any proposed work authorized under the said site certificate has been applied for or issued. The site plan certificate shall expire and be of no effect three hundred sixty (360) days after the date of its issuance, if construction has not begun and been pursued diligently on the property.

Revision of site plan. A site plan may be amended or revised by the Plan Commission so far as the Plan Commission-approved site plan is concerned, for which the City of Berkeley has not issued a building permit or the work authorized under an issued building permit has not been completed. Such amendment shall be made upon application and in accordance with the procedure provided herein for site plan approval.

10.

Violations. The filing of a site plan shall constitute an agreement by the owner and applicant, their heirs, successors and assigns, that if the site plan is approved by the Plan Commission, permits issued for the improvement of such property and activities subsequent thereto shall be in conformance with the approved site plan for the property in question. The approved site plan shall have the full force and effect of the Zoning Section. Any violations shall be grounds for the City of Berkeley to issue stop work orders, withhold further permits and take all actions necessary for the assessment of all penalties and fines as may be permitted by law.

11.

Site plan bond. As a condition of approval of the site plan, the Director of Public Works may require a deposit by the applicant with the City of Berkeley Finance Director in the form of cash, certified check or letter of credit acceptable to the Director of Public Works to ensure performance of any obligations of the applicant to make improvements shown upon the detailed site plan. The deposit shall be in an amount sufficient to ensure completion of the improvements within the time specified by the Director of Public Works in accordance with regulations and standards established by the same. The Director of Public Works shall rebate to the applicant, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire improvements shown upon the detailed site plan as verified by the Plan Commission and authorized by the City Council.

12.

Conditions and restrictions.

In approving a site plan application, the Plan Commission may impose conditions and restrictions and may vary the standards and prescribe development standards within the range of such discretion as set forth herein and, further, as may be approved by the City so long as the general intent of this Section is carried out.

If the Plan Commission imposes conditions or restrictions, it shall designate specific requirements which must be met before an applicant may be granted formal approval of a site plan and building occupancy permits.

13.

Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this Airport District and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures, trees or other objects and the use of land or any other matter, the regulations contained herein as they apply to the Airport District shall govern and prevail.

Section 400.196 “DT-1” Downtown Core District.

[Ord. No. 4779, 5-1-2023]

Purpose And Intent.

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "DT-1" Downtown Core Zoning District.

The "DT-1" Downtown Core Zoning District is established for the purpose of enabling the development of a phased, walkable, mixed-use district in the traditional core of Downtown Berkeley. The mixed-use and planned development regulatory approach of the District is intended to provide a more flexible and innovative approach regarding use, density, access and connectivity, streetscape and landscape design, parking facilities, architectural and facade design, residential dwelling units, and dimensional standards than can be provided by traditional zoning techniques in order to establish a new walkable district, preserve and foster vibrant communal space and environmental protection areas while attracting a diverse range of retail, office, and commercial uses to support the community and a blend of new residential areas that vary in density and housing options. The "DT-1" Downtown Zoning District is intended to reestablish downtown as an authentic City center, and establish downtown as a specialty shopping, and regional cultural district. The new zoning district will allow for common gathering and meeting areas (indoors and out), increase vitality by allowing mixed-use development, and create and/or restore pedestrian linkages between storefronts and off-site and on-street parking. This will be achieved through:

Creating a mixed-use environment to accommodate a combination of residential, retail, commercial, and office uses of varied densities to attract young professionals, empty nesters, and families to the area.

Describing standards so that any new development is cohesive, contains thriving and inviting public spaces, and encourages walkability and sustainability.

Regulating building orientation and placement to achieve appropriate scale and ensure proper transitioning between areas of differing use and density and/or to be mindful of the surrounding adjacent land uses.

Encouraging enhanced pedestrian, bicycle, and vehicular connectivity throughout the area.

Permitting development consistent with the standards and requirements of an approved master development plan.

Permitting mixed-use vertically integrated buildings with ground floor commercial, office, and retail uses. Mixed-use buildings may have multi-family residential units and/or offices on the upper floors above ground level commercial, office and retail uses.

"DT-1" is intended to be pedestrian oriented, traditional downtown development, with multi-story mixed use buildings, and minimal private off-street parking.

Permitted Uses. A building or premises shall be used for the following purposes:

Banks, savings and loans, stockbrokers, and title companies.

Offices, including but not limited to business, dental, general, laboratory, testing, medical, radio and television, research, and veterinarian.

Telephone and computer answering services.

Restaurants with no drive through.

Antique stores.

Attached townhouses.

10.

Mixed-use buildings, provided that no residential may be located on the ground floor of the primary structure on a lot.

11.

Academies, including but not limited to business, commercial, computer, dancing, physical fitness, martial arts, music, trade and vocational.

12.

Hotels and motor lodges.

Accessory Uses. Uses subordinate to that of the main building may include.

Accessory uses customarily incident to the above uses, except antennas.

Any building used primarily for any of the above enumerated purposes may have not more than forty percent (40%) of the floor area devoted to storage purposes incidental to such primary use; provided that not more than five (5) employees shall be engaged at any time on the premises in such incidental use.

More than one (1) main building may be located upon the lot but only when such buildings conform to the area requirements for the district in which the lot is located.

A sign or a bulletin board relating only to company names, services, articles, and products offered within the building to which the sign is attached, and which sign does not exceed twenty-five (25) square feet in area; provided, however, any advertising sign shall be attached to the building and shall not project beyond the building for a distance of more than two (2) feet. A building located on a corner lot may have such a sign on each street side.

A freestanding sign relating only to company names, services, articles, and products offered on the premises. The one (1) freestanding sign per building shall not exceed fifty (50) square feet in area per face, nor exceed two (2) faces, nor exceed twelve (12) feet in width, nor extend more than thirty-five (35) feet in height to its highest point, nor have a sign lower than ten (10) feet above ground level.

Accessory dwelling units are allowed in the rear of a lot, provided their street facing facades are constructed of the same materials as the primary building.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Bars, taverns, wine bars, jazz clubs, and package liquor stores.

Microbreweries and micro-distilleries.

Cigar bars.

Cannabis sales, subject to all relevant Code regulating such use.

Resale shops and used furniture stores.

Public bulletin boards exceeding ten (10) square feet in area and temporary signs pertaining to the lease, hire or sale of a building or premises exceeding ten (10) square feet in area.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

Hospitals, clubs, and institutions, except institutions for criminals; provided, however, that such buildings may occupy not over forty percent (40%) of the total area of the lot or tract; provided, further, that the buildings shall set back from all yard lines heretofore established an additional distance of not less than two (2) feet for each foot of building height.

Adult day care.

Single-family, two-family, or multiple-family uses.

Multiple-family in this Section refers to developments with two (2) or more separate and adjacent multi-unit (4+ units) residential structures under single ownership.

10.

Nursing homes and facilities.

11.

12.

Colleges and private schools.

13.

14.

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.

15.

Mortuary or funeral home.

16.

Places of assembly, including churches, houses of worship, entertainment places, including billiard parlor, bowling alley, dancing, racquetball, roller-skating rink, tennis facility, movie and/or live theater, video games, and similar uses.

No more than one (1) use of each type may be located on a single block front.

17.

Parking lots, public garages, and related uses.

18.

Drive-ins and drive-thru restaurants and theaters, and other drive-in and drive-thru establishments.

19.

All places where weekly jackpot lottery tickets are sold are to be approved by a special land use permit in regards to parking and motor vehicle traffic.

20.

Personal services, including barber shop, beauty parlor, cleaning and laundry establishments, photographers, shoe repair, tailoring, dressmaking, and similar uses.

Only one (1) business of each type may be located every six hundred (600) feet along Madison Avenue or Airport Road.

In cases where there are questions regarding the similarity of one (1) use to another within six hundred (600) feet, the SIC codes for each use to a minimum of four (4) digits shall be the determinant of similarity.

21.

Television, microwave, or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

22.

Residential or outpatient facilities for the treatment of alcohol and other drug abuses as follows:

The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity.

A treatment facility shall not be located closer than two thousand (2,000) feet to any other substance abuse treatment facility.

23.

Motor vehicle leasing or rental agency.

24.

Child Day Care Centers. Operators of child day care centers shall obtain a merchant's license and a commercial occupancy permit prior to occupying any premises as a child day care center. Each facility shall meet all local Codes and all State and County regulations. In addition, any person operating a child care home service shall maintain liability insurance in the amount of two hundred fifty thousand dollars ($250,000.00) and shall provide City Officials with a copy of their State license to run such a facility.

25.

Other financial institutions not listed as permitted, such as, but not limited to, check cashing, payday loans and personal credit institutions. The following requirements and/or criteria shall apply to the other financial institutions referenced herein to qualify for such special use:

The establishment shall not be open for business between the hours of 8:00 P.M. and 7:00 A.M.

The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window.

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

26.

Medical Marijuana Facilities.

Medical marijuana cultivation, dispensary, manufacturing, testing, transportation, and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.

Any building being used as a medical marijuana facility shall have a minimum floor area of one thousand (1,000) square feet.

Non-Conforming Uses. A legal non-conforming use in operation as of the date this ordinance went into effect may continue to operate, subject to the regulations of Section 400.200 of this Chapter.

Minimum Parking Requirements.

No off-street parking shall be required for any permitted use in "DT-1" zoning.

Any off-street parking provided shall not be located in any front yard in "DT-1."

Loading Requirements. There shall be provided at the time any building is erected or structurally altered, off-street loading space in accordance with the following requirements:

All Commercial Uses. One (1) space for each fifteen thousand (5,000) square feet of floor area.

No loading/unloading may take place on Airport Road.

No loading/unloading may take place anywhere in "DT-1" between 7:00 P.M. and 7:00 A.M. or between 11:00 A.M. and 2:00 P.M.

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.

Enlargements And Extensions. No building or part thereof heretofore erected which is used for any of the purposes specified above, shall hereafter be enlarged, or extended unless off-street loading space is provided in accordance with the provisions of this Chapter.

Area Requirements.

Minimum depth of front yard: "DT-1": zero (0) to twenty (20) feet.

"DT-1" has a maximum front yard depth of twenty (20) feet.

Minimum width of side yard: "DT-1": zero (0) fee.

Minimum depth of rear yard: zero, unless a parcel backs up to a residentially zoned lot, at which point the minimum depth is: Ten (10) feet for commercial, and twenty-five (25) feet residential.

Height Requirements.

"DT-1." The maximum height is forty-five (45) feet or three (3) stories. Supplemental height requirements are provided in Article IV of this Chapter.

Site Design Requirements.

Any part of a lot not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, ground covers, trees, shrubs, and pedestrian walks.

When the rear or side yard of a commercial use abuts any residential district or a residential lot situated in "DT-1," a ten (10) foot landscaped buffer area shall be established and maintained along the rear or side property line. The buffer area shall contain evergreen plant material with a minimum height of ten (10) feet, planted in two (2) rows on eight (8) foot centers. A public street separating a residential and downtown district eliminates this requirement.

A ratio of one (1) two (2) inch caliper tree for every five (5) parking spaces shall be required.

Foundation plantings shall be planted and maintained along all exterior walls of all buildings at the ratio of one (1) twenty-four (24) inch evergreen shrub for every five (5) lineal feet of exterior wall.

Where possible, existing plant material should be preserved and may serve in lieu of required planting.

Where a commercial use abuts a residential district on the rear or side yards of the commercial use, a six (6) foot high fence may be erected and maintained by the commercial property owner. The type of fence shall be approved by the City Fence Review Committee.

All new development shall be required to have a minimum four (4) foot wide sidewalk in front of the front yard line of the property, which shall connect to the front door by a dedicated sidewalk of at least four (4) feet in width.

Fence Requirements — In Side And Rear Yards. Fences in required side and rear years shall not exceed five (5) feet in height.

Section 400.197 “DT-2” Airport Frontage Downtown District.

[Ord. No. 4779, 5-1-2023]

Purpose And Intent.

The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "DT-2" Airport Frontage Downtown Zoning District.

"DT-2" Airport Frontage allows for taller buildings than "DT-1," and allows uses appropriate for development by an interstate interchange, while still addressing pedestrian accessibility. The mixed-use and planned development regulatory approach of the district is intended to provide a more flexible and innovative approach regarding use, density, access and connectivity, streetscape and landscape design, parking facilities, architectural and facade design, residential dwelling units, and dimensional standards than can be provided by traditional zoning techniques in order to establish a new walkable district, preserve and foster vibrant communal space and environmental protection areas while attracting a diverse range of retail, office, and commercial uses to support the community and a blend of new residential areas that vary in density and housing options. The "DT-2" Airport Frontage Zoning District is additionally intended to establish the downtown highway corridor as a destination for appropriate uses serving the needs of Lambert Airport visitors, aviation, and other logistics industries. The new zoning district will allow for higher density uses, common gathering and meeting areas (indoors and out), increased vitality by allowing mixed-use development, and create and/or restore pedestrian linkages between commercial uses and off-site and on-street parking. This will be achieved through:

Describing standards so that any new development is cohesive, contains thriving and inviting public spaces, and encourages walkability and sustainability.

Requiring dedicated pedestrian and bicycle access across off-street parking to encourage connectivity between uses in "DT-2" and the Downtown Core.

Permitting development consistent with the standards and requirements of an approved master development plan.

Permitting mixed-use vertically integrated buildings with ground floor commercial, office, and retail uses. Mixed-use buildings may have multi-family residential units, hotel, and/or office uses on the upper floors above ground level commercial, office and retail uses.

Allowing taller building heights for appropriate uses.

Permitted Uses. A building or premises shall be used for the following purposes:

Banks, savings and loans, stockbrokers, and title companies.

Offices, including but not limited to business, dental, general, laboratory, testing, medical, radio and television, research, and veterinarian.

Telephone and computer answering services.

Restaurants with no drive through.

Antique stores.

Attached townhouses.

10.

Mixed-use buildings, provided that no residential use may be located on the ground floor of the primary structure on a lot.

11.

Academies, including but not limited to business, commercial, computer, dancing, physical fitness, martial arts, music, trade and vocational.

12.

Hotels and motor lodges.

Accessory Uses. Uses subordinate to that of the main building may include:

Accessory uses customarily incident to the above uses, except antennas.

Any building used primarily for any of the above enumerated purposes may have not more than forty percent (40%) of the floor area devoted to storage purposes incidental to such primary use; provided that not more than five (5) employees shall be engaged at any time on the premises in such incidental use.

More than one (1) main building may be located upon the lot but only when such buildings conform to the area requirements for the district in which the lot is located.

Accessory dwelling units are allowed in the rear of a lot, provided their street facing facades are constructed of the same materials as the primary building.

Special Uses. A building or premises may be used for the following purposes if the provisions of the special use regulations in Section 400.530 are met and a special use permit is obtained:

Bars, taverns, wine bars, jazz clubs, and package liquor stores.

Microbreweries and micro-distilleries.

Cigar bars.

Cannabis sales, subject to all relevant Code regulating such use.

Resale shops and used furniture stores.

Public bulletin boards exceeding ten (10) square feet in area and temporary signs pertaining to the lease, hire or sale of a building or premises exceeding ten (10) square feet in area.

Public facilities, including but not limited to schools, libraries, museums, community buildings and parks.

Adult day care.

Single-family, two-family, or multiple-family uses.

Multiple-family in this Section refers to developments with two (2) or more separate and adjacent multi-unit (4+ units) residential structures under single ownership.

10.

Nursing homes and facilities.

11.

12.

Colleges and private schools.

13.

14.

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.

15.

Mortuary or funeral home.

16.

Places of assembly, including churches, houses of worship, entertainment places, including billiard parlor, bowling alley, dancing, racquetball, roller skating rink, tennis facility, movie and/or live theater, video games, and similar uses.

No more than one (1) use of each type may be located on a single block front.

17.

Parking lots, public garages, and related uses.

18.

Drive-ins and drive-thru restaurants and theaters, and other drive-in and drive-thru establishments.

19.

All places where weekly jackpot lottery tickets are sold are to be approved by a special land use permit in regards to parking and motor vehicle traffic.

20.

Personal services, including barber shop, beauty parlor, cleaning and laundry establishments, photographers, shoe repair, tailoring, dressmaking, and similar uses.

Only one (1) business of each type may be located every six hundred (600) feet along Madison Avenue or Airport Road.

21.

Television, microwave, or other antenna in excess of three (3) feet in diameter or freestanding antenna in excess of ten (10) feet in height.

22.

Residential or outpatient facilities for the treatment of alcohol and other drug abuses as follows:

The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity.

A treatment facility shall not be located closer than two thousand (2,000) feet to any other substance abuse treatment facility.

23.

Motor vehicle leasing or rental agency.

24.

25.

Other Financial Institutions Not Listed As Permitted, Such As, But Not Limited To, Check Cashing, Payday Loans And Personal Credit Institutions. The following requirements and/or criteria shall apply to the other financial institutions referenced herein to qualify for such special use:

The establishment shall not be open for business between the hours of 8:00 P.M. and 7:00 A.M.

The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window.

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

26.

Medical Marijuana Facilities.

Medical marijuana cultivation, dispensary, manufacturing, testing, transportation, and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.

Any building being used as a medical marijuana facility shall have a minimum floor area of one thousand (1,000) square feet.

Non-Conforming Uses. A legal non-conforming use in operation as of the date this ordinance went into effect may continue to operate, subject to the regulations of Section 400.200 of this Chapter.

Minimum Parking Requirements.

Location of parking spaces and vehicle types that may be parked.

Parking spaces may be located and vehicles may be parked in the front, side, or rear yards, except that parking in the front yard shall be set back twenty (20) feet from the front lot line.

Any vehicle licensed in excess of twelve thousand (12,000) pounds gross vehicle weight is not permitted.

No trucks, truck trailers or vehicles of any type shall be used for storage purposes nor on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs.

If off-street parking is provided in the front yard, at least ten percent (10%) of the paved parking area must be landscaped.

Dedicated pedestrian access must be provided from the sidewalk in the public right-of-way to the front door of the main building.

Number Of Required Off-Street Spaces.

Bowling Alley. Three (3) parking spaces for each alley.

Business, Professional, Or Public Office Building, Studio, Or Bank. Two (2) parking spaces, plus one (1) additional parking space for each five hundred (500) square feet of floor area over one thousand (1,000).

College Or Schools. One (1) parking space for each eight (8) seats in the main auditorium or one (1) space for each classroom, whichever is greater.

Community Center, Library, Museum, Or Art Gallery. Ten (10) parking spaces plus one (1) additional space for each one thousand (1,000) square feet of floor area in excess of two thousand (2,000) square feet.

Dwellings, Multiple. One (1) parking space for each dwelling unit.

Dwellings, Single- Or Two-Family. One (1) parking space for each dwelling unit.

Entertainment, Assembly, Or Exhibition Places.

(1)

All without fixed seats. One (1) parking space for each five hundred (500) square feet of floor area used therefor.

(2)

With fixed seats. One (1) space for each four (4) seats.

Hospital. One (1) parking space for each four (4) beds.

Hotel Or Motel. One (1) parking space for each three (3) sleeping rooms or suite plus one (1) space for each three hundred (300) square feet of commercial floor area contained herein.

Medical Or Dental Clinic. One (1) parking space for each three hundred (300) square feet of floor area.

Mortuary Or Funeral Home. One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlor, or individual funeral service rooms.

Private Club Or Lodge. One (1) parking space for each three (3) members.

Restaurant, Night Club, Cafe Or Similar Recreation Or Amusement Establishment. One (1) parking space for each two hundred (200) feet of floor area; OR one (1) parking space for every four (4) seats for customers, whichever is lower.

Retail Store, Personal Service Establishment Or Household Service Establishment Or Automotive Service Establishment, Except As Otherwise Specified Herein. One (1) parking space for each three hundred (300) square feet of floor area.

Sanitarium, Convalescent Home, Home For The Aged Or Similar Institution. One (1) parking space for each four (4) beds.

Theater Or Auditorium (Except School). One (1) parking space for each four (4) seats or bench-seating spaces.

Used Car Lots And Similar Open Display. One (1) parking space for each one thousand (1,000) square feet of sales display area.

Supplemental parking requirements are provided in Article IV of this Chapter.

Physically Handicapped. A minimum of one (1) parking space, plus one (1) for every twenty (20) parking spaces.

Parking Reduction Standards. The above parking requirements may be reduced in the following ways:

One (1) required parking space may be eliminated for every one hundred fifty (150) square feet of landscaping provided above and beyond the minimum required, up to a maximum reduction of ten percent (10%) of the total required parking.

Provision of sheltered bike parking spaces: one (1) required parking space may be eliminated for every one (1) sheltered bicycle parking space, with a maximum reduction of ten percent (10%) of the required number of spaces.

A reduction up to fifteen percent (15%) of the required number of spaces may be approved for private incentives (e.g., in-house carpool promotion/matching system, private shuttle bus, van lease or purchase, reserved carpool spaces, and transit pass discount programs) if the owner of the development submits a written agreement with their application for occupancy or use.

Providing a written signed shared parking agreement between two (2) or more users, under the following conditions:

Two (2) or more uses occupy the same building, the hours of operation of each use do not overlap, and the parking for the use with the greatest requirement shall suffice for all uses.

Mixed Use Developments. The total parking requirements for a mixed-use development is ninety percent (90%) of the sum of the amount required for each separate principal use, provided that the development consists of at least twenty thousand (20,000) square feet of enclosed area.

Shared parking must be provided within four hundred (400) feet of the businesses being served.

A shared parking agreement shall be recorded between cooperating property owners as a deed restriction on both properties and cannot be modified without the consent of the City.

No combination of parking reductions will be allowed that reduce the available parking for one (1) property by more than fifty percent (50%) of the total parking requirement for that property.

Loading Requirements. There shall be provided at the time any building is erected or structurally altered, off-street loading space in accordance with the following requirements:

All Commercial Uses. One (1) space for each fifteen thousand (15,000) square feet of floor area, or fraction thereof in excess of three thousand (3,000) 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.

Area Requirements.

Minimum depth of front yard: "DT-2": zero (0) to twenty-five (25) feet.

Minimum width of side yard: "DT-2": Five (5) feet.

Minimum depth of rear yard: Zero (0), unless a parcel backs up to a residentially zoned lot, at which point the minimum depth is: ten (10) feet for commercial, and twenty-five (25) feet for residential.

Height Requirements. "DT-2": The maximum height is sixty (60) feet or five (5) stories.

A restaurant or meeting hall/event venue may be located on a sixth floor of a building, provided the total area of the sixth floor is no more than twenty-five percent (25%) of the footprint of the fifth floor.

A proposed sixth floor use requires a special use permit.

A roof deck may be provided, but it cannot extend closer than ten (10) feet to the edge of the roof, and must be enclosed by a fence no less than thirty-six (36) inches in height.

Supplemental height requirements are provided in Article IV of this Chapter.

Site Design Requirements.

Any part of a lot not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, ground covers, trees, shrubs, and pedestrian walks.

When the rear or side yard of a commercial use abuts any residential district or a residential lot situated in "DT-2," a ten (10) foot landscaped buffer area shall be established and maintained along the rear or side property line. The buffer area shall contain evergreen plant material with a minimum height of ten (10) feet, planted in two (2) rows on eight (8) foot centers. A public street separating a residential and downtown district eliminates this requirement.

A planting strip of twenty (20) feet may be established and maintained within the required front yard within the "DT-2" District. A minimum ratio of one (1), three (3) inch caliper, shade tree or three (3), two (2) inch caliper, grouped ornamentals shall be planted within the twenty (20) foot wide planting strip for each twenty-five (25) feet of linear front footage.

A ratio of one (1), two (2) inch caliper, tree for every five (5) parking spaces shall be required.

Foundation plantings shall be planted and maintained along all exterior walls of all buildings at the ratio of one (1), twenty-four (24) inch, evergreen shrub for every five (5) lineal feet of exterior wall.

Where possible, existing plant material should be preserved and may serve in lieu of required planting.

10.

Fence Requirements — In Side And Rear Yards. Fences in required side and rear yards shall not exceed five (5) feet in height.

Performance Standards. Commercial uses are subject to:

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Noise. Every use shall be so operated that the maximum volume of sound or noise generated does not exceed forty (40) decibels at any point on the lot line of the lot on which the use is located. Outdoor loudspeakers and audible communication systems are not permitted within one thousand (1,000) feet of a residential district, save by special use permit.

Odor. Every use shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line of the lot on which the use is located.

Smoke. Every use shall be so operated that no smoke from any source shall be emitted of a greater density than the density described as No. 1 on the Ringelmann Chart as published by the United States Bureau of Mines.

Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases.

Emission Of Dirt, Dust, Fly Ash And Other Forms Of Particulate Matter. Emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed eighty-five hundreds (0.85) pounds per one thousand (1,000) pounds of gases of which amount not to exceed five-tenths (0.5) pounds per one thousand (1,000) pounds of gases shall be of such size as to be retained on a three hundred twenty-five (325) mesh U.S. Standard Sieve. In the case of emission of fly ash or dust from a stationary furnace or combustion device, these standards shall apply to a condition of fifty percent (50%) excess air on the stack at full load, which standards shall be varied in proportion to the deviation of the percentage of excess air from fifty percent (50%).

Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line.

Air Pollution. Every form of objectionable odors, smoke, toxic gases, particulate matter such as dirt, dust, fly ash, must be restricted to specific low levels of emissions as set forth in Ordinance No. 3347 of St. Louis County titled Air Pollution Control Code, Chapter 612.

Radiation. Every amount of radioactive emissions must be restricted to that considered safe by the Federal Radiation Council Standards.

Development Requirements, Guidelines, And Standards.

Purpose. To achieve the goals and objectives of the Berkeley Comprehensive Plan, the following development standards are established and applicable to properties located in all segments of the Berkeley Downtown Districts. It is recognized that not all of the standards may be attainable with particular property or uses. Therefore, the regulations are intended to provide flexibility to property owners and developers for many types of development. In addition, the regulations are meant to provide a certain degree of latitude to the Planning and Zoning Commission and the City Council to vary from these or other regulations when reviewing site plans in order to achieve the goals and objectives of the Downtown Districts, Berkeley Comprehensive Plan, and these regulations.

Compliance And Modification. The following standards are required with modifications permitted as expressly described. The degree to which a site plan for development meets or exceeds the design standards set forth in this Subsection shall be considered and will be evaluated when considering site plans for proposed development. A developer requesting modification or reduction of a standard must submit a written explanation of why certain development standards cannot be met or that alternatives serve the same purpose as the standard.

Intent. The standards are intended to allow the Downtown Districts to become another recognized location as a live/work/relaxation hub. Examples of the various standards and/or design features intended to be carried out within the Downtown Districts are included throughout this Section.

Site Design. New developments are required to match or complement surrounding developments and landscapes to create a building and site design which follow the standards of this Chapter and adds positively to the overall downtown environment. Where applicable and appropriate site design should provide:

Layout.

(1)

Outdoor seating at work places and restaurants should be:

(a)

Situated to provide a pleasant environment for users that is not adjacent to parked automobiles or other environmental detriments;

(b)

Located so as not to block or constrict entry and exit doors or impede pedestrian or bicycle movements.

(2)

Utilities serving a site and the associated on-site structures must be located in underground easements that can serve multiple properties.

Access.

(1)

Pedestrians/Bicycle Access. All buildings must be designed to encourage pedestrian activity and social interaction and create a walkable environment that encourages pedestrian access, as well as bicycle access, to and within the Downtown Districts, and connectivity to adjacent parks. To encourage and promote biking to and from Downtown Berkeley, bike racks are strongly encouraged in appropriate locations at any building.

Public art of appropriate type and scale is encouraged to help create an identity for the Downtown Berkeley District.

Building Placement.

(1)

The main facade of a building must be oriented to face the principal street on which it has frontage;

(2)

Buildings on corner lots must be oriented so that the main facade is giving equal treatment to each street on which it has frontage. Also, these buildings should include a prominent architectural feature of greater height than the rest of the roof or emphasis at the corner where the two (2) public streets meet.

Massing And Facade Design Guidelines. New buildings should be designed to include common features and materials so that a sense of place and character is created for the Downtown Berkeley Districts.

Exterior Building Materials. Building materials should be used and installed in keeping with the chosen architectural style. Building material colors should be varied and complementary and three (3) colors per elevation required. Except as minor accents for trim such as window frames or entry doors, primary or garish colors should be avoided. Materials should be of a scale appropriate to the pedestrian and complement adjacent structures. The table entitled "Exterior Material Legend" below provides a listing of approved/not approved materials. Buildings using unacceptable materials must receive approval of a standard modification from the Planning and Zoning Commission or Architectural Review Board.

EXTERIOR MATERIAL LEGEND
Acceptable Exterior Materials		Generally Unacceptable Exterior Materials
•	Brick or brick veneer	•	Vinyl or aluminum siding
•	Natural stone (limestone, brownstone, lannon stone, marble, granite).	•	Veneer based plywood siding
•	Metal panels (used as accent features, includes types such as Alucobond, Alpolic, or similar)	•	Plywood panels (such as T1-11)
•	Cement-fiber siding	•	Smooth-face concrete block
•	Composite siding	•	Shake shingles
•	Decorative Concrete Masonry Units (CMU) or architectural cement block	•	Plexiglas
•	Concrete, including pre-cast panels (may be used when incorporating color, texture and architectural finish features)	•	Corrugated metal with exposed fasteners (used as accent features and comprising no more than 30% of the exterior building materials used).
•	Exterior grade wood (must be appropriate species for climate)	•	Painted smooth concrete masonry units (unless used in locations behind screen walls)
•	Glass block (may be used only as a feature element, not for glazing or windows)	•	Exposed steel framing (unless integral to the design)
•	EIFS or Stucco (not on the first story and not more than 30% of the wall area exclusive of windows and doors)	•	Corrugated tin roofing (unless dictated by the specific architectural style)
•	Vinyl trim (accent only)	•	Standing seam or batten seam metal roofing (unless dictated by the specific architectural style)
•	Manufactured stone
•	Brick and stone pavers
•	Commercial grade asphalt shingles
•	Slate roofing
•	Concrete tile roofing

Building Details. Each building shall incorporate several common architectural features, appropriate for the architectural style chosen. Examples include pilasters, piers, columns, friezes, cornices, and window surrounds. Building elements such as awnings, signs, doors, windows, and lighting should complement the architecture of the building facade and finishes (See Example 1).

Design Features And Structures. Use of awnings, canopies, or other design features should enhance main facades, especially at building entries. Attached structures such as covered arcades or porte-cocheres shall be compatible with and complement the overall design of the building and its facade (See Example 2).

Building Entrances. Building entrances are required to be clearly delineated and indicate a clear transition from the exterior to the interior of the building. Every main entrance is required to have a special emphasis when compared to the other portions of the building. The building address should be clearly displayed in a readable typeface of sufficient size for reading from a vehicle at a reasonable distance and oriented to the street or drive frontage recognized by the US Postal Service and the City's Fire and Police Departments (See Example 3).

Facade Articulation. Buildings and parking structures of three (3) stories or less in height designed with completely flat facades and monotone color schemes are not permitted. All buildings and parking structures are required to have horizontal and vertical facade variations such as pop-outs, bays, recesses, arches, banding, columns, or similar features. Buildings of more than three (3) stories may have a flat facade of uniform design above the third floor (See Example 4).

Height And Roofline. Single-story buildings should have varying roofline elevations to add architectural interest and avoid the appearance of long, monotonous roofline expanses. A variation such as a parapet or tower is required every fifty (50) feet of roofline. Also, if mechanical HVAC equipment that is installed on the roof of any structure in this district is visible from grade level in residential areas or, is visible from West Florissant Avenue or any primary access road within a larger development, said equipment shall be screened by a wall with a finish surface compatible in design and color to that which is used as a finish building wall material. The back of parapets should also not be visible from the street or any primary access right-of-way within a larger development and must match the color and materials of the building (See Example 5).

Windows. Windows are key to the overall design of a building and the relationship between the exterior and interior. Eye level windows are required to relate to the scale of a person. Clear glass for storefronts, windows, and doors, within the retail merchandising areas is required. For energy efficiency purposes, slightly tinted glass may be used so long as the glass remains see-through. Window tints shall be grey, blue, or bronze. Mirrored glass is prohibited. Window signage is strongly discouraged (See Example 6).