[CC 1961 §§23.03.1 — 23.03.2; Ord. No. 2974 §§23.03.1 — 23.03.2, 6-20-1988; Ord. No. 3121 §1, 5-7-1990; Ord.
No. 3650 §§1 — 7, 6-6-2005]
A.
For
the purpose of this Chapter, the City of Berkeley is hereby divided
into the following districts:
1.
"R-1" Single-Family Residence District.
2.
"R-2" Single-Family Residence District.
3.
"R-3" Single-Family Residence District.
4.
"R-4" Multiple-Family Residence District.
5.
"C-1" Local Commercial District.
6.
"C-2" General Commercial District.
7.
"C-3" Planned Commercial District.
8.
"M-1" Industrial District.
9.
"M-2" Planned Research and Industrial District.
10.
"F" Floodplain Management District.
11.
"P" Park District.
12.
"AD" Airport District.
13.
“DT-1” Downtown Core District.
[Ord. No. 4779, 5-1-2023]
14.
"DT-2" Airport Frontage Downtown District.
[Ord. No. 4779, 5-1-2023]
B.
Requirements In Each District. The requirements of each
district are divided as follows and may be included in each district:
[CC 1961 §23.03.3; Ord. No. 2974 §23.03.3, 6-20-1988; Ord. No. 3121 §1, 5-7-1990; Ord. No. 4016 §§1 — 2, 11-7-2011]
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.
[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.
[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.
[CC 1961 §§23.03.6 — 23.03.6.3; Ord. No. 2974 §23.03.6, 6-20-1988]
A.
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:
1.
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.
2.
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.
3.
In unsubdivided property, the district boundary lines on the map
shall be determined by use of the scale appearing on the map.
[CC 1961 §23.04; Ord. No. 2974 §23.04, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
Except
as hereinafter specifically provided:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
[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]
A.
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.
B.
Permitted Uses. A building or premises shall be used only
for the following purposes:
[Ord. No. 4566, 9-16-2019]
C.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
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.
2.
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.
3.
Swimming pools.
4.
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.
5.
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.
6.
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.
7.
Any accessory building that is not a part of the main structure shall
not be located in front of the main structure.
8.
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.
9.
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.
D.
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:
1.
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.
2.
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.
3.
Public facilities, including but not limited to schools, libraries,
museums, community buildings and parks.
4.
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.
5.
(Reserved)
6.
Nursing home and facilities.
7.
Colleges and private schools.
9.
Television, microwave or other antenna in excess of three (3) feet
in diameter or freestanding antenna in excess of ten (10) feet in
height.
E.
Minimum Parking Requirements.
1.
Number of required off-street spaces.
a.
Single-family dwelling. Two (2) parking spaces.
b.
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.
c.
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.
d.
Church. One (1) parking space for each five (5)
seats in the main auditorium.
e.
Hospital. One (1) parking space for each four (4)
beds.
f.
Club or lodge. One (1) parking space for every three
(3) members.
g.
Nursing home. One (1) parking space for each five
(5) beds.
2.
Additional parking requirements.
a.
Off-street parking for non-residential uses in residential districts
must be approved by the special use procedure.
b.
The required parking spaces for residences shall be located in the
side and rear yard.
c.
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).
d.
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.
e.
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.
f.
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.
g.
No inoperable or unlicensed vehicles and trailers shall be parked
on the premises unless they are parked within an enclosed structure.
h.
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.
F.
Area Requirements.
1.
Minimum depth of front yard. Forty (40) feet.
2.
Where lots have a double frontage, the required front yard shall
be provided on both streets.
3.
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.
4.
Minimum width of side yard. Ten (10) feet.
5.
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.
6.
Minimum lot area per family. Not less than twenty
thousand (20,000) square feet.
7.
Minimum width of lot. Seventy-five (75) feet measured
at the required building line.
8.
Yards, generally.
a.
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.
b.
There shall be no storage of household items, outdoor furniture,
appliances, building materials, or of any material within a front
or side yard.
G.
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.
H.
Fence Requirements.
1.
In front yards.
a.
No fence shall be constructed closer to the front lot line than the
building line, except as allowed below.
b.
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.
c.
Ornamental fences eighteen (18) inches or less in height.
d.
Hedges thirty (30) inches or less in height.
2.
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.
[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]
A.
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.
B.
Permitted Uses. A building or premises shall be used only
for the following purposes:
[Ord. No. 4566, 9-16-2019]
C.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
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.
2.
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.
3.
Swimming pools.
4.
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.
5.
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.
6.
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.
7.
Any accessory building that is not a part of the main structure shall
not be located in front of the main structure.
8.
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.
9.
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.
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.
D.
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:
1.
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.
2.
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.
3.
Public facilities, including but not limited to schools, libraries,
museums, community buildings and parks.
4.
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.
5.
(Reserved)
6.
Nursing home and facilities.
7.
Colleges and private schools.
9.
Television, microwave or other antenna in excess of three (3) feet
in diameter or freestanding antenna in excess of ten (10) feet in
height.
E.
Minimum Parking Requirements.
1.
Number of required off-street spaces.
a.
Single-family dwelling. Two (2) parking spaces.
b.
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.
c.
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.
d.
Church. One (1) parking space for each five (5)
seats in the main auditorium.
e.
Hospital. One (1) parking space for each four (4)
beds.
f.
Club or lodge. One (1) parking space for every three
(3) members.
g.
Nursing home. One (1) parking space for each five
(5) beds.
2.
Additional parking requirements.
a.
Off-street parking for non-residential uses in residential districts
must be approved by the special use procedure.
b.
The required parking spaces for residences shall be located in the
side and rear yard.
c.
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).
d.
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.
e.
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.
f.
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.
g.
No inoperable or unlicensed vehicles and trailers shall be parked
on the premises unless they are parked within an enclosed structure.
h.
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.
F.
Area Requirements.
1.
Minimum depth of front yard. Thirty (30) feet.
a.
Where lots have a double frontage, the required front yard shall
be provided on both streets.
b.
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.
2.
Minimum width of side yard. Seven (7) feet.
3.
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.
4.
Minimum lot area per family. Seven thousand five
hundred (7,500) square feet.
5.
Minimum width of lot. Sixty (60) feet measured at
the required building line.
6.
Yards, generally.
a.
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.
b.
There shall be no storage of household items, outdoor furniture,
appliances, building materials, or of any material within a front
or side yard.
G.
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.
H.
Fence Requirements.
1.
In front yards.
a.
No fence shall be constructed closer to the front lot line than the
building line, except as allowed below.
b.
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.
c.
Ornamental fences eighteen (18) inches or less in height.
d.
Hedges thirty (30) inches or less in height.
2.
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.
[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]
A.
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.
B.
Permitted Uses. A building or premises shall be used only
for the following purposes:
[Ord. No. 4566, 9-16-2019]
C.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
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.
2.
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.
3.
Swimming pools.
4.
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.
5.
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.
6.
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.
7.
Any accessory building that is not a part of the main structure shall
not be located in front of the main structure.
8.
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.
9.
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 Director of Public Works.
D.
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:
1.
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.
2.
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.
3.
Public facilities, including but not limited to schools, libraries,
museums, community buildings and parks.
4.
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.
5.
(Reserved)
6.
Nursing home and facilities.
7.
Colleges and private schools.
9.
Television, microwave or other antenna in excess of three (3) feet
in diameter or freestanding antenna in excess of ten (10) feet in
height.
E.
Minimum Parking Requirements.
1.
Number of required off-street spaces.
a.
Single-family dwelling. Two (2) parking spaces.
b.
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.
c.
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.
d.
Church. One (1) parking space for each five (5)
seats in the main auditorium.
e.
Hospital. One (1) parking space for each four (4)
beds.
f.
Club or lodge. One (1) parking space for every three
(3) members.
g.
Nursing home. One (1) parking space for each five
(5) beds.
2.
Additional parking requirements.
a.
Off-street parking for non-residential uses in residential districts
must be approved by the special use procedure.
b.
The required parking spaces for residences shall be located in the
side and rear yard.
c.
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).
d.
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.
e.
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.
f.
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.
g.
No inoperable or unlicensed vehicles and trailers shall be parked
on the premises unless they are parked within an enclosed structure.
h.
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.
F.
Area Requirements.
1.
Minimum depth of front yard. Twenty-five (25) feet.
a.
Where lots have a double frontage, the required front yard shall
be provided on both streets.
b.
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.
2.
Minimum width of side yard. Five (5) feet.
3.
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.
4.
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]
5.
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]
6.
Yards, generally.
a.
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.
b.
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.
G.
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.
H.
Fence Requirements.
1.
In front yards.
a.
No fence shall be constructed closer to the front lot line than the
building line, except as allowed below.
b.
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.
c.
Ornamental fences eighteen (18) inches or less in height.
d.
Hedges thirty (30) inches or less in height.
2.
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.
[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]
A.
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.
B.
Permitted Uses. A building or premises shall be used only
for the following purposes:
[Ord. No. 4566, 9-16-2019]
C.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
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.
2.
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.
3.
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.
4.
Home occupation carried on wholly within the residence and not in
any accessory building.
5.
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.
6.
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.
7.
Any accessory building that is not a part of the main structure shall
not be located in front of the main structure.
8.
No accessory building except a private garage or carport will be
allowed in the rear yard.
9.
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.
D.
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:
1.
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.
2.
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.
3.
Public facilities, including but not limited to schools, libraries,
museums, community buildings and parks.
4.
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.
5.
(Reserved)
6.
Nursing home and facilities.
7.
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.
8.
Colleges and private schools.
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.
E.
Minimum Parking Requirements.
1.
Number of required off-street spaces.
a.
Residential dwelling. Two (2) parking spaces for
each unit.
b.
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.
c.
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.
d.
Church. One (1) parking space for each five (5)
seats in the main auditorium.
e.
Hospital. One (1) parking space for each four (4)
beds.
f.
Club or lodge. One (1) parking space for every three
(3) members.
g.
Nursing home or residential group home. One (1)
parking space for each five (5) beds.
2.
Additional parking requirements.
a.
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.
b.
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).
c.
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.
d.
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.
e.
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.
f.
No inoperable or unlicensed vehicles and trailers shall be parked
on the premises unless they are parked within an enclosed structure.
g.
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.
h.
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.
F.
Area Requirements.
1.
Minimum depth of front yard. Twenty-five (25) feet.
a.
Where lots have a double frontage, the required front yard shall
be provided on both streets.
b.
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.
2.
Minimum width of side yard. Seven (7) feet.
3.
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.
4.
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.
5.
Yards, generally.
a.
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.
b.
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.
G.
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.
H.
Fence Requirements.
1.
In front yards.
a.
No fence shall be constructed closer to the front lot line than the
building line, except as allowed below.
b.
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.
c.
Ornamental fences eighteen (18) inches or less in height.
d.
Hedges thirty (30) inches or less in height.
2.
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.
I.
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.
1.
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.
a.
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.
b.
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.
c.
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.
2.
Continuing maintenance of all required screen plantings, as shown
on the approved plan, shall be a requisite of conformance for the
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]
A.
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.
B.
Permitted Uses. A building or premises shall be used only
for the following purposes:
1.
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.
2.
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.
3.
Banks, savings and loans, stockbrokers and title companies.
4.
Offices, including business, dental, general, medical and similar
uses.
5.
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.
6.
Telephone and computer answering services.
C.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
Accessory uses customarily incident to the above uses, except antennas.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
D.
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:
1.
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
exceeding fifteen thousand (15,000) square feet.
2.
Bars, taverns, restaurants and package liquor stores.
3.
Resale shops, antique shops and used furniture stores.
4.
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.
5.
Public facilities, including but not limited to schools, libraries,
museums, community buildings and parks.
6.
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.
7.
Day care centers.
8.
Residences for single-family, two-family, or multiple-family uses.
9.
Nursing home and facilities.
10.
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.
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:
a.
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.
b.
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.
c.
The establishment shall not be open for business between the hours
of 8:00 P.M. and 7:00 A.M.
d.
The establishment shall have an interior space for patrons to transact
business and shall have no drive-up or walk-up window.
e.
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.
f.
Additional criteria necessary to protect the public health, safety
and welfare as determined by the City Council.
E.
Minimum Parking Requirements.
1.
Location of parking spaces and vehicle types that may be
parked.
a.
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.
b.
Any vehicle licensed in excess of twelve thousand (12,000) pounds
gross vehicle weight is not permitted.
c.
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.
d.
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.
e.
Ingress and egress shall only be provided from a major street and
not from any residential street, as designated by the Public Works
Director.
2.
Number of required off-street spaces.
a.
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.
b.
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).
c.
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.
d.
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.
e.
Dwellings, multiple. Two (2) parking spaces for
each dwelling unit.
f.
Dwellings, single or two-family. Two (2) parking
spaces for each dwelling unit.
g.
Hospital. One (1) parking space for each four (4)
beds.
h.
Medical or dental clinic. One (1) parking space
for each two hundred (200) square feet of floor area.
i.
Private club or lodge. One (1) parking space for
each three (3) members.
j.
Restaurant, tavern or ice cream parlor. One (1)
parking space for each one hundred (100) feet of floor area.
k.
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.
l.
Sanitarium, convalescent home, home for the aged or similar
institution. One (1) parking space for each four (4) beds.
n.
Physically handicapped. A minimum of one (1) parking
space, plus one (1) for every twenty (20) parking spaces.
o.
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.
F.
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:
1.
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.
2.
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.
G.
Area Requirements.
1.
Minimum depth of front yard. Twenty-five (25) feet.
2.
Minimum width of side yard. Seven (7) feet.
3.
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.
4.
Minimum lot area per family. Six thousand (6,000)
square feet.
5.
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.
H.
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.
I.
Site Design Requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
A ratio of one (1), two (2) inch caliper tree for every five (5)
parking spaces shall be required.
6.
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.
7.
Where possible, existing plant material should be preserved and may
serve in lieu of required planting.
8.
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.
9.
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.
J.
Fence Requirements — In Side And Rear Yards. Fences
in required side and rear yards shall not exceed five (5) feet in
height.
K.
Performance Standards. Commercial uses are subject to:
1.
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.
2.
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.
3.
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.
4.
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.
5.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes or gases.
6.
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%).
7.
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.
8.
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.
9.
Radiation. Every amount of radioactive emissions
must be restricted to that considered safe by the Federal Radiation
Council Standards.
[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]
A.
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.
B.
Permitted Uses. A building or premises shall be used for
the following purposes:
1.
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.
2.
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.
3.
Banks, savings and loans, stockbrokers and title companies.
4.
Offices, including but not limited to business, dental, general,
laboratory, testing, medical, radio and television, research and veterinarian.
5.
Telephone and computer answering services.
6.
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.
C.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
Accessory uses customarily incident to the above uses, except antennas.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
D.
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:
1.
Bars, taverns, restaurants and package liquor stores.
2.
Resale shops, antique shops and used furniture stores.
3.
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.
4.
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.
5.
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.
6.
Public facilities, including but not limited to schools, libraries,
museums, community buildings and parks.
7.
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.
8.
Day care centers and academies, including but not limited to business,
commercial, computer, dancing, physical fitness, martial arts, music,
trade and vocational.
9.
Residences for single-family, two-family, or multiple-family uses.
10.
Nursing home and facilities.
11.
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.
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:
a.
The exterior appearance of the treatment facility shall reasonably
conform to the exterior appearance of other buildings in the vicinity.
b.
A treatment facility shall not be located closer than two thousand
(2,000) feet to any other substance abuse treatment facility.
c.
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.
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.
27.
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:
a.
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.
b.
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.
c.
The establishment shall not be open for business between the hours
of 8:00 P.M. and 7:00 A.M.
d.
The establishment shall have an interior space for patrons to transact
business and shall have no drive-up or walk-up window.
e.
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.
f.
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]
a.
Medical marijuana cultivation, dispensary, manufacturing, testing, transportation and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.
b.
Any building being used as a medical marijuana facility shall have
a minimum floor area of one thousand (1,000) square feet.
c.
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.
E.
Minimum Parking Requirements.
1.
Location of parking spaces and vehicle types that may be
parked.
a.
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.
b.
Any vehicle licensed in excess of twelve thousand (12,000) pounds
gross vehicle weight is not permitted.
c.
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.
d.
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.
2.
Number of required off-street spaces.
a.
Bowling alley. Five (5) parking spaces for each
alley.
b.
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).
c.
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.
d.
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.
e.
Dwellings, multiple. Two (2) parking spaces for
each dwelling unit.
f.
Dwellings, single or two-family. Two (2) parking
spaces for each dwelling unit.
h.
Hospital. One (1) parking space for each four (4)
beds.
i.
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.
j.
Medical or dental clinic. One (1) parking space
for each two hundred (200) square feet of floor area.
k.
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.
l.
Private club or lodge. One (1) parking space for
each three (3) members.
m.
Restaurant, night club, cafe or similar recreation or amusement
establishment. One (1) parking space for each one hundred
(100) feet of floor area.
n.
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.
o.
Sanitarium, convalescent home, home for the aged or similar
institution. One (1) parking space for each four (4) beds.
p.
Theater or auditorium (except school). One (1) parking
space for each four (4) seats or bench-seating spaces.
q.
Used car lots and similar open display. One (1)
parking space for each one thousand (1,000) square feet of sales display
area.
s.
Physically handicapped. A minimum of one (1) parking
space, plus one (1) for every twenty (20) parking spaces.
F.
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:
1.
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.
2.
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.
G.
Area Requirements.
1.
Minimum depth of front yard. Twenty-five (25) feet.
2.
Minimum width of side yard. Five (5) feet.
3.
Minimum depth of rear yard. Ten (10) feet commercial;
twenty-five (25) feet residential.
4.
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.
H.
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.
I.
Site Design Requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
A ratio of one (1), two (2) inch caliper tree for every five (5)
parking spaces shall be required.
6.
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.
7.
Where possible, existing plant material should be preserved and may
serve in lieu of required planting.
8.
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.
9.
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.
J.
Fence Requirements — In Side And Rear Yards. Fences
in required side and rear yards shall not exceed five (5) feet in
height.
K.
Performance Standards. Commercial uses are subject to:
1.
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.
2.
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.
3.
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.
4.
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.
5.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes or gases.
6.
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%).
7.
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.
8.
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.
9.
Radiation. Every amount of radioactive emissions
must be restricted to that considered safe by the Federal Radiation
Council Standards.
[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]
A.
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.
B.
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.
D.
Permitted Uses. A building or premises shall be used for
the following purposes:
1.
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.
2.
Banks, savings and loans, stockbrokers and title companies.
3.
Offices, including but not limited to business, dental, general,
laboratory, medical, research and veterinarian.
4.
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.
E.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
Accessory buildings and uses customarily incident to the above uses,
and approved as a part of the plan.
2.
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 structure.
3.
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.
4.
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.
F.
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:
1.
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.
2.
Food and beverage services, including bars, taverns, catering establishments,
hotels, motels, ice cream parlors, restaurants and similar uses, including
drive-ins or drive-thru.
3.
Entertainment places, including billiard parlor, bowling alley, dancing,
racquetball, rollerskating rink, tennis facility, theater, video games,
weight lifting and similar uses.
4.
Hotels and motor lodges.
5.
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.
6.
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.
7.
Personal services, including but not limited to barbershop, beauty
parlor, cleaning and laundry establishments, photographers, shoe repair,
tailoring and dressmaking.
8.
Television, microwave or other antenna in excess of three (3) feet
in diameter or freestanding antenna in excess of ten (10) feet in
height.
9.
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.
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.
13.
Liquor stores.
14.
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:
a.
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.
b.
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.
c.
The establishment shall not be open for business between the hours
of 8:00 P.M. and 7:00 A.M.
d.
The establishment shall have an interior space for patrons to transact
business and shall have no drive-up or walk-up window.
e.
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.
f.
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]
a.
Medical marijuana cultivation, dispensary, manufacturing, testing, transportation and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.
b.
Any building being used as a medical marijuana facility shall have
a minimum floor area of one thousand (1,000) square feet.
c.
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.
G.
Minimum Parking Requirements.
1.
Location of parking spaces and vehicle types that may be
parked.
a.
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 parking requirements
set forth herein.
b.
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.
2.
Number of required off-street spaces.
a.
Bowling alley. Five (5) parking spaces for each
alley.
b.
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).
d.
Medical or dental clinic. One (1) parking space
for each two hundred (200) square feet of floor area.
e.
Restaurant, night club, cafe or similar recreation or amusement
establishment. One (1) parking space for each one hundred
(100) feet of floor area.
f.
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.
g.
Theater or auditorium (except school). One (1) parking
space for each four (4) seats or bench-seating spaces.
H.
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:
1.
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 sixty
(60) square feet shall be provided.
2.
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.
I.
Area Requirements.
1.
The minimum area for a Planned Commercial District shall be five
(5) acres.
2.
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.
4.
Minimum front, rear and side yards shall be thirty (30) feet.
J.
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.
K.
Site Design Requirements.
1.
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
2.
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.
L.
Fence Requirements — In Side And Rear Yards. Fences
in required side and rear yards shall not exceed five (5) feet in
height.
M.
Performance Standards. Commercial uses are subject to:
1.
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.
2.
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.
3.
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.
4.
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.
5.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes or gases.
6.
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%).
7.
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.
8.
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.
9.
Radiation. Every amount of radioactive emissions
must be restricted to that considered safe by the Federal Radiation
Council Standards.
[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]
A.
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.
B.
Permitted Uses. A building or premises shall be used for
the following purposes:
1.
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.
2.
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.
3.
Commercial uses including the following:
a.
Financial institutions, including but not limited to banks, savings
and loans, stockbrokers and title companies.
b.
Offices, including but not limited to business, general, laboratory,
testing, radio and television, research and veterinarian.
c.
Academies, including but not limited to business, commercial, computer,
trade and vocational.
d.
Quarters for security and safety personnel.
C.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
Accessory buildings and uses customarily incident to the above uses.
2.
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.
3.
Grading, filling, excavating or any change in the grade or property
that involves the moving, depletion or replacement of more than fifty
(50) cubic yards of material or changes the existing elevation by
more than two (2) feet requires a permit. At no time shall any grading
be detrimental to surrounding property in appearance or in the diversion
of storm water drainage, which diversion must be approved by the Director
of Public Works.
4.
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.
5.
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.
6.
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.
7.
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.
D.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Public facilities, including but not limited to schools, libraries,
museums, community buildings and parks.
7.
Colleges and private schools.
8.
Parking lots, public garages and related uses.
9.
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]
a.
Medical marijuana cultivation, dispensary, manufacturing, testing, transportation and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.
b.
Any building being used as a medical marijuana facility shall have
a minimum floor area of one thousand (1,000) square feet.
c.
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.
E.
Minimum Parking Requirements.
1.
Location of parking spaces and vehicle types that may be
parked.
a.
Parking spaces may be located and any vehicle, regardless of body
type, size or gross vehicle weight, may be parked in this zone.
b.
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.
c.
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 parking requirements
set forth herein.
2.
Number of required off-street spaces.
a.
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).
b.
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.
c.
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.
d.
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.
f.
Physically handicapped. A minimum of one (1) parking
space, plus one (1) for every twenty (20) parking spaces.
g.
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.
h.
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.
i.
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.
F.
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:
1.
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.
2.
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.
G.
Area Requirements.
1.
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.
2.
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.
3.
Minimum depth of rear yard. Twenty-five (25) feet.
4.
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.
H.
Height Requirements. The maximum height is six (6) stories or ninety (90) feet. Supplemental height requirements are provided in Article IV of this Chapter.
I.
Site Design Requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
Where possible, existing plant material should be preserved, and
may serve in lieu of required planting.
8.
An access road for fire equipment and/or other emergency vehicles
shall be provided around all buildings and/or structures.
J.
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.
K.
Performance Standards. Light industrial uses are subject
to the following 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 the lot line of the lot on which the use is located.
2.
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.
3.
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.
4.
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.
5.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes or gases.
6.
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%).
7.
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.
8.
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.
9.
Radiation. Every amount of radioactive emissions
must be restricted to that considered safe by the Federal Radiation
Council Standards.
[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]
A.
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.
B.
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.
D.
Permitted Uses. A building or premises shall be used for
the following purposes:
1.
Offices, including but not limited to general business, institutional
and governmental.
2.
Research facilities, including but not limited to laboratories for
product development, fabrication, testing and all related activities.
3.
Wholesale and distribution sales/showrooms and warehouses where the
showrooms are not open to the general public.
4.
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.
5.
Residence or living quarters for security and safety personnel.
E.
Accessory Uses. Uses subordinate to that of the main building
may include:
1.
Accessory buildings and uses customarily incident to the above uses,
and approved as a part of the plan.
2.
Food and beverage services of any type, not to exceed ten percent
(10%) of the gross floor area.
3.
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.
4.
Parking lots and transportation facilities as an accessory to a permitted
use.
5.
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.
6.
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.
7.
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.
F.
Special Uses.
1.
Financial institutions, including but not limited to banks, savings
and loans, stockbrokers and title companies.
2.
Hotels and motor lodges.
3.
Retail sales, including bakery goods, books, cards, gifts, clothing,
drugs, food, jewelry, liquor and similar uses.
4.
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.
5.
Television, microwave or other antenna in excess of three (3) feet
in diameter or freestanding antenna in excess of ten (10) feet in
height.
6.
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.
7.
Child care centers.
8.
Auto detailing shops and car washes.
9.
Motor vehicle leasing or rental agency.
G.
Minimum Parking Requirements.
1.
Location of parking spaces and vehicle types that may be
parked.
a.
Parking spaces may be located and vehicles may be parked in the front,
side or rear yards.
b.
Parking spaces may be located and any vehicle, regardless of body
type, size or gross vehicle weight, may be parked in this zone.
c.
No trucks or trailers of any kind shall be used for storage purposes.
d.
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.
e.
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 parking requirements
set forth herein.
f.
Physically handicapped. A minimum of one (1) parking
space, plus one (1) for every twenty (20) parking spaces.
2.
Number of required off-street spaces.
a.
Offices. One (1) parking space for each three hundred
(300) square feet of floor area.
b.
Research facilities and laboratories. One (1) parking
space for each employee.
c.
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.
d.
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.
e.
Banks. One (1) space for each four hundred (400)
square feet of floor area.
f.
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.
g.
Retail sales. One (1) space for each two hundred
(200) square feet of floor area.
H.
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:
1.
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.
2.
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.
I.
Area Requirements. There shall be provided the following
yard areas for each separate parcel or lot:
1.
Minimum depth of front yard. Forty (40) feet.
2.
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.
3.
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.
4.
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.
5.
Where lots have a double frontage, the required front yard shall
be provided on both streets.
J.
Height Requirements.
1.
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.
2.
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.
K.
Site Design Requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Where possible, existing plant material should be preserved, and
may serve in lieu of required planting.
7.
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.
8.
An access road for fire equipment and/or other emergency vehicles
shall be provided around all buildings and/or structures.
L.
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.
M.
Performance Standards. All uses in this district are subject
to the following 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 the lot line of the lot on which the use is located.
2.
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.
3.
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.
4.
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.
5.
Gases. Every use shall be so operated that there
is no emission of toxic, noxious or corrosive fumes or gases.
6.
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%).
7.
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.
8.
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.
9.
Radiation. Every amount of radioactive emissions
must be restricted to that considered safe by the Federal Radiation
Council Standards.
[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.
[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]
A.
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.
B.
Purpose. The purpose of this district is to provide for
the health and recreational needs of the citizens by establishing
green areas.
C.
Permitted Uses. A premises shall be used for the following
purposes:
1.
Parks.
2.
Recreation and facilities.
3.
Walking trails.
4.
Lakes.
5.
Preservation of trees, wild flowers, wildlife or other features of
nature.
6.
Golf courses, ball fields and other related uses.
7.
Public facilities including, but not limited to, schools, libraries,
museums, community buildings, governmental buildings/offices, and
fire stations.
D.
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.
[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]
A.
"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.
B.
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.
C.
Statutory Authorization. This Section is adopted by the
Governing Body of the City pursuant to Section 89.010 et seq., RSMo.
(2002).
D.
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.
E.
Definitions.
1.
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.
2.
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.
3.
AC 150/5300-13
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
AIRCRAFT
AIRPORT
AIRPORT AUTHORITY
AIRPORT ELEVATION
AIRPORT SURFACE
APPROACH ZONE
AVIATION
BACK OFFICE
BUILDING
BUILDING COMMISSIONER
CFR
CHILD CARE CENTER
CITY COUNCIL
COMMUNITY CENTER
CONICAL SURFACE
CONICAL ZONE
CONVENIENCE STORE
DAY-NIGHT AVERAGE SOUND LEVEL (DNL)
DEVELOPMENT
DIRECTOR OF PUBLIC WORKS
FAA
FAR
FAST-FOOD RESTAURANT
FENCE, SIGHT-PROOF
FILLING STATION (SERVICE STATION)
FINANCIAL INSTITUTION
FRONTAGE
GROSS FLOOR AREA
GYMNASIUM
HAZARD TO AVIATION
HAZARDOUS WILDLIFE
HOME IMPROVEMENT CENTER
HORIZONTAL SURFACE
HORIZONTAL ZONE
HOTEL
LOADING SPACE
LOT
LOT, CORNER
MALL
MANEUVERING SPACE
MANUFACTURING
MATERIAL IMPROVEMENT
MEDICAL OR DENTAL OFFICE (CLINIC)
NATURAL AREA
NOISE CONTOUR MAP
NON-CONFORMING USE
OBJECT
OBJECT FREE AREA
OBSTRUCTION
OFFICE
OPEN SPACE(S)
PARCEL (TRACT) OF LAND
PARK
PARKING AREA
PARKING SPACE
PERSON
PLAN COMMISSION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE
PUBLIC USE AREAS
PUBLIC UTILITY FACILITY, LOCAL
RESEARCH
RESTAURANT
RETAIL
ROAD RIGHT-OF-WAY
RUNWAY(S)
RUNWAY PROTECTION ZONE (RPZ)
SETBACK (BUILDING LINE)
SIGHT DISTANCE TRIANGLE
SMALL LOAN BUSINESSES
1.
2.
STREET
STRUCTURAL ALTERATIONS
STRUCTURE
TELECOMMUNICATION CABINET
TELECOMMUNICATION TOWER
TRANSITIONAL SURFACES
TRANSITIONAL ZONE
USE
WAREHOUSE
WILDLIFE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
The following words and phrases are defined:
FAA Advisory Circular 150/5300-13, "Airport Design", dated
September 30, 2000, as may be amended from time to time.
Any building, the use of which is incidental to the principal
use of another structure on the same premises.
Any structure, the use of which is incidental to the principal
use of another structure on the same premises.
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.
Any device now known or hereafter invented, used or designed
for navigation of or flight through the air.
The Lambert-St. Louis International Airport owned and operated
by the City of St. Louis.
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.
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.
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.
A zone established and defined in accordance with FAR Part
77, Section 77.25(d) and as further defined in this Section.
The handling and guidance of aircraft in the air or on the
airport.
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.
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.
The City of Berkeley Building Commissioner.
Section of Federal Regulations.
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.
The City of Berkeley City Council.
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.
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.
A zone established and defined in accordance with FAR Part
77, Section 77.25(b) and as further defined in this Section.
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.
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.
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.
The Director of Public Works for the City of Berkeley.
The Federal Aviation Administration.
Federal Aviation Regulations set forth in Title 14 of the
Section of Federal Regulations, as may be amended from time to time.
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.
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.
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.
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.
That edge of a lot bordering a street.
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.
A building or portion thereof used for athletic training
or sports activities, including accessory seating for spectators.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace of
the airport.
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.
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.
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.
A zone established and defined in accordance with FAR Part
77, Section 77.25(a) and as further defined in this Section.
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.
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.
A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
A platted parcel of land abutting two (2) road rights-of-way
at their intersection.
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.
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.
Making, fabricating, assembling, processing or packaging
any commodity from raw or semi-finished materials, except from explosives
or flammable gases or liquids.
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.
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.
An area that is substantially undisturbed by development.
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.
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.
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.
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.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height as set forth herein.
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.
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.
A separately designated area of land delineated by identifiable
legally recorded boundary lines.
An area open to the general public and reserved for recreational,
educational or scenic purposes.
An area of land used or intended for off-street parking facilities
for motor vehicles.
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.
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.
The City of Berkeley Plan Commission.
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.
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.
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.
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.
Systematic investigation undertaken to develop or increase
knowledge and understanding of a subject for commercial, educational
or scientific purposes.
A commercial establishment whose primary business is the
provision of prepared food at retail for consumption on or off the
premises.
The selling of goods and personal services directly to consumers.
A dividing line between a lot, tract or parcel of land and
a private or public roadway.
A defined portion of airport having a surface constructed
and maintained for the taking off and landing of aircraft along its
length.
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.
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.
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.
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.
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.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground including, but without limiting the
generality of the foregoing, advertising signs, billboards, fences,
sidewalks, retaining walls and utility poles. Structure shall be deemed
to include a parking area.
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.
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.
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.
A zone established and defined in accordance with FAR Part
77, Section 77.25(e) and as further defined in this Section.
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.
A structure used for receiving, storing, consolidating and/or
distributing goods, materials or merchandise, other than live animals,
explosives or flammable gases or liquids.
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.
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.
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.
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.
A yard between the main building and the side line of the
lot and extending from the front yard to the rear yard.
F.
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:
1.
Permitted uses.
a.
Automobile and truck rental services;
b.
Back offices;
c.
Beauty salons, barbershops;
d.
Bowling alley;
e.
Community centers;
f.
Convenience stores;
g.
Courier services;
h.
Fast-food restaurants;
i.
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;
j.
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;
k.
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;
l.
Home improvement centers;
m.
Hotels;
n.
Laundering services; dry-cleaners;
o.
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.
|
q.
Medical or dental offices; including urgent care centers, out-patient
care centers and hospitals;
r.
Offices;
s.
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;
t.
Plumbing, electrical, air conditioning and heating equipment sales,
warehousing and repair facilities;
u.
Police, fire and postal stations;
v.
Postal services; mail packaging services;
w.
Printing and duplicating services;
x.
Professional services;
y.
Public facilities owned or leased by the City;
z.
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.
2.
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:
a.
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;
b.
Permitted signs;
c.
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
d.
Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
3.
Prohibited uses.
a.
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.
b.
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.
c.
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.
d.
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.
e.
Prohibited uses. All uses not listed specifically
herein shall be prohibited.
4.
Non-conforming uses.
a.
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.
b.
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.
5.
Special uses.
[Ord. No. 4650, 12-15-2020]
a.
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)
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.
G.
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.
H.
Minimum Site Requirements. The minimum site requirements
for land uses and development in the Airport District are hereby established
pursuant to the following regulations:
1.
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.
a.
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.
b.
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.
2.
Minimum natural area, landscaped area and open space. Reserved.
3.
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:
a.
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.
b.
Front yard, in general. No building or structure
is allowed within thirty (30) feet of any roadway right-of-way line.
c.
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.
d.
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.
e.
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.
I.
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.
1.
Purpose and scope.
a.
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.
b.
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.
c.
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.
d.
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.
2.
Dimensions. The regulations of this Section shall
govern the dimensions of off-street parking spaces.
a.
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.
|
b.
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.
c.
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.
d.
Curbed islands are required at ends of aisles where the Director
of Public Works determines they are necessary for traffic control
or drainage.
e.
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.
3.
Supplementary off-street parking and loading requirements. In addition to the above parking and loading requirements, the following
standards shall apply:
a.
All parking and loading areas, including driveways, shall be paved,
except where the Director of Public Works may approve an alternate
dustproofing method.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
All screening and landscaping shall be approved by the Plan Commission.
i.
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.
j.
The illumination of off-street parking and loading areas shall be
as approved by the Director of Public Works.
k.
All off-street parking and loading spaces shall be striped.
4.
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.
a.
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.
b.
Where fractional spaces result, the parking spaces required shall
be the next highest whole number.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
No off-street parking or loading space required under this Section
shall be used for any other purpose.
i.
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.
5.
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
|
6.
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.
|
7.
Additional requirements.
a.
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.
b.
No inoperable or unlicensed vehicles and trailers shall be parked
on the premises unless they are parked within an enclosed structure.
c.
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.
d.
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.
J.
Signage.
1.
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:
2.
Scope.
a.
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.
b.
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.
3.
ABANDONED SIGN
ANIMATED SIGN
BANNER
BUILDING FACE OR WALL
CHANGEABLE COPY SIGN (MANUAL)
CHANGING SIGN (AUTOMATIC)
COPY
ERECT
FACADE
FILLING STATION (SERVICE STATION)
FLASHING SIGN
GROUND LEVEL
HEIGHT OF SIGN
ILLEGAL SIGNS
INTERCHANGE
INTERIOR PROPERTY LINE
INTERSECTION
LOGO
OWNER
PREMISES
ROOFLINE
SEASONAL OR SPECIAL OCCASION TEMPORARY SIGNS
SHOPPING CENTER
SHOW WINDOW SIGNS
SIGN
SIGN AREA
SIGN ARM
SIGN, ATTACHED
SIGN, AUTOMATED TELLER MACHINE
SIGN, AWNING
SIGN, COMMERCIAL DIRECTORY
SIGN, CONSTRUCTION
SIGN, DIRECTIONAL
SIGN, FLUTTERING
SIGN, GROUND-MOUNTED
SIGN, HANGING
SIGN, ILLUMINATED
SIGN, MEMORIAL OR TABLETS
SIGN, NON-CONFORMING
SIGN, OCCUPATIONAL AND/OR IDENTIFICATION
SIGN PERMIT
SIGN, POLE
SIGN, POLITICAL
SIGN, PROJECT IDENTIFICATION
SIGN, PROJECTING
SIGN, PROPERTY REAL ESTATE
SIGN, ROOF
SIGN STRUCTURE
SIGN SUPPORTS
SIGN, TEMPORARY
SIGN, WINDOW
SPECIAL DISPLAYS
STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARD
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:
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.
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.
A sign made of fabric, plastic, paper or other light pliable
material not enclosed in a rigid frame.
All window and wall areas of a building in one (1) plane
or elevation.
A sign on which copy is changed manually in the field, i.e.,
reader boards with changeable letters or changeable pictorial panels.
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.
The wording or graphics on a sign surface.
To build, construct, reconstruct, attach, hang, rehang, alter,
place, affix, enlarge, move or relocate.
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.
Any business which dispenses or is designed to dispense gasoline
and/or oil for use in motor vehicles or boats.
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".
Immediate surrounding grade.
The vertical distance measured from the surrounding grade
to the highest point of a sign.
A sign which contravenes this Section or a non-conforming
sign for which a permit required under a previous Section was not
obtained.
The system of interconnecting ramps between two (2) or more
intersecting guideways, rail lines, highways and so on that are grade
separated.
Property lines other than those forming a dedicated public
right-of-way.
The point at which two (2) or more guideways or roadways
meet.
A letter, character or symbol used to represent a person,
corporation or business enterprise.
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.
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.
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.
A sign which is not permanent and is limited to a specific
activity or in the celebration of holidays or other special events.
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.
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.
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.
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.
The horizontal element of a pole sign from which the message
area of the sign is 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.
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).
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.
A permanent pole sign designating the name of a commercial
center and listing the various tenants of the center.
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.
A sign which indicates a direction for vehicular or pedestrian
traffic or other movement.
A sign which flutters and includes banners, flags, pennants
or other flexible material which moves with the wind or by some artificial
means.
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.
Any sign hanging entirely beneath a canopy, portico, marquee
or below an arm on a residential pole sign.
Any sign which is illuminated by light source mounted on
or in the sign or at some other location.
The permanent part of a building which denotes the name of
the building, date of erection, historical significance, dedication
or other similar information.
A sign legally erected prior to this Section, but which does
not conform to the provisions of this Section.
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.
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.
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.
A temporary sign advocating or opposing any political proposition
or candidate for public office.
A permanent sign identifying a planned development, commercial/industrial
subdivision or multi-family residential project.
Any sign which projects more than twelve (12) inches beyond
the plane of the wall on which the sign is erected or attached.
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.
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.
The sign and all parts associated with its construction.
All structures by which a sign is held up including, for
example, poles, braces, guys and anchors.
Any sign intended for a limited or intermittent period of
display.
A temporary or permanent sign affixed to the interior or
exterior of a window or placed immediately behind a window pane.
Signs not exceeding thirty-two (32) square feet, used for
holidays, public demonstrations or promotion of civil welfare or charitable
purposes.
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.
4.
Administration and enforcement.
a.
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.
b.
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.
c.
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.
5.
Prohibited signs. The following signs and advertising
devices are hereby prohibited:
a.
Animated signs;
b.
Any sign erected in a public easement or right-of-way except as provided
in this Section;
c.
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;
d.
Any sign attached to any public utility pole, tree, fire hydrant,
curb, sidewalk or other surface located on public property;
e.
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;
f.
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;
g.
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;
h.
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;
i.
Off-premises signs except as provided in this Section;
j.
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;
k.
Portable signs, signs not permanently affixed to the ground;
l.
Signs which contain characters, cartoons, statements, words or pictures
of an obscene, indecent, prurient or immoral character; and
m.
Standard outdoor advertising structure and/or billboard.
6.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
|
7.
Signage — setbacks.
a.
Permitted information signs are allowed within the minimum front
yard setback.
b.
Permitted directional signs, three (3) feet in height or less, are
allowed within the minimum front yard setback.
c.
Other signs may be permitted within the required setbacks as permitted
by the Building Commissioner.
K.
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.
1.
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.
2.
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.
3.
Zone height limitations established. The various
zones and their height limitations are hereby established and defined
as follows:
a.
"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.
b.
"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.
c.
"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.
d.
"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.
e.
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.
f.
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.
g.
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.
h.
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.
L.
Site Development Plan Approval.
1.
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.
2.
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:
a.
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.
b.
Surrounding uses. The proposed development will
not be harmful to the existing and future uses in the immediate area
or the airport.
c.
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.
d.
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.
e.
Irrigation. Automatic underground irrigation systems
shall be installed in all landscaped areas.
f.
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.
g.
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.
h.
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.
i.
Relation to architecture. Landscape elements shall
relate to architectural design elements and shall reflect the physical
and functional qualities of the Airport District.
j.
Screening. Landscaping shall screen views to loading
zones, dumpsters and large trash receptacles and mechanical equipment.
k.
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.
l.
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.
m.
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.
n.
Yards — front, side and rear. Landscaping
shall frame desirable views of buildings and identify vehicular and
pedestrian entries.
o.
Environmental art. Environmental art, including
public art, fountains and earthworks, shall be incorporated throughout
public use areas, including signage node locations.
p.
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.
q.
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.
r.
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.
s.
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.
t.
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.
u.
Public streets. All public streets shall be constructed
in accordance with the Airport District subdivision regulations.
v.
Sanitary sewers. Sanitary sewers shall be constructed
to Metropolitan St. Louis Sewer District (MSD) standards and dedicated
to MSD.
w.
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.
3.
Application and submission requirements.
a.
All new construction or development within the Airport District 2
shall be required to receive site plan review and approval from the
Plan Commission.
b.
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.
c.
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.
d.
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.
e.
More specific submission requirements may be separately published
as administrative regulations passed and approved by the Plan Commission
and filed with the City Clerk.
4.
Review procedure.
a.
An application for site plan review shall be submitted for any new
construction or development within the Airport District.
b.
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.
5.
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.
6.
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).
7.
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.
8.
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.
9.
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.
a.
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.
b.
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.
[Ord. No. 4779, 5-1-2023]
A.
Purpose And Intent.
1.
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.
2.
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:
a.
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.
b.
Describing standards so that any new development
is cohesive, contains thriving and inviting public spaces, and encourages
walkability and sustainability.
c.
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.
d.
Encouraging enhanced pedestrian, bicycle,
and vehicular connectivity throughout the area.
e.
Permitting development consistent with the
standards and requirements of an approved master development plan.
f.
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.
3.
"DT-1" is intended to be pedestrian oriented,
traditional downtown development, with multi-story mixed use buildings,
and minimal private off-street parking.
B.
Permitted Uses. A building or premises shall be used
for the following purposes:
1.
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.
2.
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.
3.
Banks, savings and loans, stockbrokers, and
title companies.
4.
Offices, including but not limited to business,
dental, general, laboratory, testing, medical, radio and television,
research, and veterinarian.
5.
Telephone and computer answering services.
6.
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.
7.
Restaurants with no drive through.
8.
Antique stores.
9.
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.
C.
Accessory Uses. Uses subordinate to that of the main
building may include.
1.
Accessory uses customarily incident to the
above uses, except antennas.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
D.
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:
2.
Resale shops and used furniture stores.
3.
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.
4.
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.
5.
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.
6.
Public facilities, including but not limited
to schools, libraries, museums, community buildings and parks.
7.
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.
8.
Adult day care.
9.
Single-family, two-family, or multiple-family
uses.
a.
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.
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.
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.
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.
a.
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.
a.
Only one (1) business of each type may be
located every six hundred (600) feet along Madison Avenue or Airport
Road.
b.
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:
a.
The exterior appearance of the treatment facility
shall reasonably conform to the exterior appearance of other buildings
in the vicinity.
b.
A treatment facility shall not be located
closer than two thousand (2,000) feet to any other substance abuse
treatment facility.
c.
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.
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:
a.
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.
b.
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.
c.
The establishment shall not be open for business
between the hours of 8:00 P.M. and 7:00 A.M.
d.
The establishment shall have an interior space
for patrons to transact business and shall have no drive-up or walk-up
window.
e.
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.
f.
Additional criteria necessary to protect the
public health, safety and welfare as determined by the City Council.
26.
Medical Marijuana Facilities.
a.
Medical marijuana cultivation, dispensary, manufacturing, testing, transportation, and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.
b.
Any building being used as a medical marijuana
facility shall have a minimum floor area of one thousand (1,000) square
feet.
c.
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.
E.
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.
G.
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:
1.
All Commercial Uses. One (1) space for each
fifteen thousand (5,000) square feet of floor area.
a.
No loading/unloading may take place on Airport
Road.
b.
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.
c.
Where such place is located in a manner that
a truck must back directly from a major street into the loading space,
a maneuvering space of not less than forty-nine (49) feet shall be
provided.
2.
Enlargements And Extensions. No building or
part thereof heretofore erected which is used for any of the purposes
specified above, shall hereafter be enlarged, or extended unless off-street
loading space is provided in accordance with the provisions of this
Chapter.
H.
Area Requirements.
1.
Minimum depth of front yard: "DT-1": zero
(0) to twenty (20) feet.
a.
"DT-1" has a maximum front yard depth of twenty
(20) feet.
2.
Minimum width of side yard: "DT-1": zero (0)
fee.
3.
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.
4.
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.
J.
Site Design Requirements.
1.
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.
2.
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.
3.
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.
4.
A ratio of one (1) two (2) inch caliper tree
for every five (5) parking spaces shall be required.
5.
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.
6.
Where possible, existing plant material should
be preserved and may serve in lieu of required planting.
7.
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.
8.
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.
9.
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.
K.
Fence Requirements — In Side And Rear Yards.
Fences in required side and rear years shall not exceed five (5) feet
in height.
[Ord. No. 4779, 5-1-2023]
A.
Purpose And Intent.
1.
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.
2.
"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:
a.
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.
b.
Describing standards so that any new development
is cohesive, contains thriving and inviting public spaces, and encourages
walkability and sustainability.
c.
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.
d.
Requiring dedicated pedestrian and bicycle
access across off-street parking to encourage connectivity between
uses in "DT-2" and the Downtown Core.
e.
Permitting development consistent with the
standards and requirements of an approved master development plan.
f.
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.
g.
Allowing taller building heights for appropriate
uses.
B.
Permitted Uses. A building or premises shall be used
for the following purposes:
1.
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.
2.
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.
3.
Banks, savings and loans, stockbrokers, and
title companies.
4.
Offices, including but not limited to business,
dental, general, laboratory, testing, medical, radio and television,
research, and veterinarian.
5.
Telephone and computer answering services.
6.
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.
7.
Restaurants with no drive through.
8.
Antique stores.
9.
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.
C.
Accessory Uses. Uses subordinate to that of the main
building may include:
1.
Accessory uses customarily incident to the
above uses, except antennas.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
D.
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:
2.
Resale shops and used furniture stores.
3.
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.
4.
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.
5.
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.
6.
Public facilities, including but not limited
to schools, libraries, museums, community buildings and parks.
7.
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.
8.
Adult day care.
9.
Single-family, two-family, or multiple-family
uses.
a.
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.
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.
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.
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.
a.
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.
a.
Only one (1) business of each type may be
located every six hundred (600) feet along Madison Avenue or Airport
Road.
b.
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:
a.
The exterior appearance of the treatment facility
shall reasonably conform to the exterior appearance of other buildings
in the vicinity.
b.
A treatment facility shall not be located
closer than two thousand (2,000) feet to any other substance abuse
treatment facility.
c.
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.
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:
a.
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.
b.
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.
c.
The establishment shall not be open for business
between the hours of 8:00 P.M. and 7:00 A.M.
d.
The establishment shall have an interior space
for patrons to transact business and shall have no drive-up or walk-up
window.
e.
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.
f.
Additional criteria necessary to protect the
public health, safety and welfare as determined by the City Council.
26.
Medical Marijuana Facilities.
a.
Medical marijuana cultivation, dispensary, manufacturing, testing, transportation, and related uses shall be regulated under the Special Use Process, Berkeley Code Section 400.530.
b.
Any building being used as a medical marijuana
facility shall have a minimum floor area of one thousand (1,000) square
feet.
c.
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.
E.
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.
F.
Minimum Parking Requirements.
1.
Location of parking spaces and vehicle types
that may be parked.
a.
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.
b.
Any vehicle licensed in excess of twelve thousand
(12,000) pounds gross vehicle weight is not permitted.
c.
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.
d.
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.
e.
If off-street parking is provided in the front
yard, at least ten percent (10%) of the paved parking area must be
landscaped.
f.
Dedicated pedestrian access must be provided
from the sidewalk in the public right-of-way to the front door of
the main building.
2.
Number Of Required Off-Street Spaces.
a.
Bowling Alley. Three (3) parking spaces for
each alley.
b.
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).
c.
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.
d.
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.
e.
Dwellings, Multiple. One (1) parking space
for each dwelling unit.
f.
Dwellings, Single- Or Two-Family. One (1)
parking space for each dwelling unit.
h.
Hospital. One (1) parking space for each four
(4) beds.
i.
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.
j.
Medical Or Dental Clinic. One (1) parking
space for each three hundred (300) square feet of floor area.
k.
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.
l.
Private Club Or Lodge. One (1) parking space
for each three (3) members.
m.
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.
n.
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.
o.
Sanitarium, Convalescent Home, Home For The
Aged Or Similar Institution. One (1) parking space for each four (4)
beds.
p.
Theater Or Auditorium (Except School). One
(1) parking space for each four (4) seats or bench-seating spaces.
q.
Used Car Lots And Similar Open Display. One
(1) parking space for each one thousand (1,000) square feet of sales
display area.
s.
Physically Handicapped. A minimum of one (1)
parking space, plus one (1) for every twenty (20) parking spaces.
G.
Parking Reduction Standards. The above parking requirements
may be reduced in the following ways:
1.
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.
2.
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.
3.
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.
4.
Providing a written signed shared parking
agreement between two (2) or more users, under the following conditions:
a.
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.
b.
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.
c.
Shared parking must be provided within four
hundred (400) feet of the businesses being served.
d.
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.
|
H.
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:
1.
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.
2.
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.
I.
Area Requirements.
1.
Minimum depth of front yard: "DT-2": zero
(0) to twenty-five (25) feet.
2.
Minimum width of side yard: "DT-2": Five (5)
feet.
3.
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.
4.
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.
J.
Height Requirements. "DT-2": The maximum height is
sixty (60) feet or five (5) stories.
K.
Site Design Requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
A ratio of one (1), two (2) inch caliper,
tree for every five (5) parking spaces shall be required.
6.
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.
7.
Where possible, existing plant material should
be preserved and may serve in lieu of required planting.
8.
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.
9.
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.
10.
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.
L.
Fence Requirements — In Side And Rear Yards.
Fences in required side and rear yards shall not exceed five (5) feet
in height.
M.
Performance Standards. Commercial uses are subject
to:
1.
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.
2.
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.
3.
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.
4.
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.
5.
Toxic Gases. Every use shall be so operated
that there is no emission of toxic, noxious, or corrosive fumes or
gases.
6.
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%).
7.
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.
8.
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.
9.
Radiation. Every amount of radioactive emissions
must be restricted to that considered safe by the Federal Radiation
Council Standards.
N.
Development Requirements, Guidelines, And Standards.
1.
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.
2.
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.
3.
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.
4.
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:
a.
b.
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.
c.
Public art of appropriate type and scale is
encouraged to help create an identity for the Downtown Berkeley District.
d.
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.
O.
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.
1.
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
|
2.
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).
3.
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).
4.
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).
5.
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).
6.
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).
7.
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 Berkeley District
and connect to adjacent parks.
8.
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).