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Berkeley City Zoning Code

Division 1

General Provisions

23.102.010 Title.

Municipal Code Title 23 is known and cited as the "City of Berkeley Zoning Ordinance" and referred to in this title as "the Zoning Ordinance." (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.020 Effective Date.

The Zoning Ordinance takes effect and is in force from and after October 12, 2021. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.030 Authority.

The Zoning Ordinance is adopted under the authority in California Government Code Section 65850 and all other relevant laws of the State of California. If the Zoning Ordinance refers to a section of state law that is later amended or superseded, the Zoning Ordinance is deemed amended to refer to the amended section or the section that most closely corresponds to the superseded section. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.040 Purpose of the Zoning Ordinance.

A. General. The purpose of the Zoning Ordinance is to implement the General Plan and adopted area plans and to protect the public health, safety, and welfare.

B. Specific. The Zoning Ordinance is intended to:

1. Encourage appropriate land uses and a harmonious relationship among land uses by regulating the location and type of allowed land uses and development.

2. Provide for the appropriate intensity of development by regulating:

(a) The establishment, density and change of uses;

(b) The construction of buildings and additions; and

(c) The size and coverage of lots.

3. Provide for adequate light and air by:

(a) Limiting building height, bulk, and size; and

(b) Requiring building setbacks from lot lines and separations between buildings.

4. Provide for adequate usable open space, off-street parking, and off-street loading spaces for specified land uses by:

(a) Requiring reservations of land and structures for such purposes; and

(b) Regulating the number, placement, and location of such spaces and areas.

5. Prevent adverse effects of commercial and manufacturing activities by:

(a) Limiting the hours, intensity, presence of outdoor activities, and other aspects of commercial and manufacturing land uses; and

(b) Limiting the number and size of commercial and manufacturing land uses in specified districts.

6. Provide review of major changes in buildings by regulating proposals for their demolition, conversion, or relocation.

7. Ensure that the construction and alteration of buildings in Non-Residential Districts is compatible with the existing neighborhoods by requiring Design Review to provide for a pleasing Berkeley environment and encourage excellence in design.

8. Protect Berkeley’s existing housing stock by regulating the reduction in size, removal, demolition, or conversion of dwelling units, group living accommodations, and residential hotel rooms.

9. Promote the development of affordable housing for all persons and in particular for persons with low and moderate incomes.

10. Incorporate the substantive provisions of the Neighborhood Preservation Ordinance (Ordinance 4641-NS, not codified), a citizen initiative, to the extent permitted by law. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.050 Applicability and Jurisdiction.

A. Applicability.

1. General. The Zoning Ordinance applies to all property in Berkeley, including property owned by the City and other governmental entities, to the full extent permitted by law.

2. Public Right-of-Way. The Zoning Ordinance does not apply to uses and structures wholly in the public right-of-way, unless otherwise specified. Such uses and structures must comply with Encroachment Permit regulations in Municipal Code Chapter 16.18 (Right-of-Way Encroachments and Encroachment Permits).

B. Compliance Required. All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations.

C. City Actions. No City department, employee, or official may issue a permits or license for a use or structures that conflicts with the Zoning Ordinance. Any permit or license issued in conflict with the Zoning Ordinance is null and void. Nothing in this subsection is intended to create a mandatory duty under Government Code Section 815.6.

D. Approvals Required. A land use may be established and a structure may be constructed, altered, or moved only after:

1. All applicable project review and approval processes have been followed;

2. All required permits and approvals have been obtained; and

3. All required authorizations to proceed have been issued.

E. Other Regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.060 Emergencies.

A. Deviations Allowed. During a local emergency, the City Council may allow a land use or structure to be established without a Use Permit or other approval ordinarily required by the Zoning Ordinance.

B. Approval Procedures.

1. The City Council may approve such a land use or structure by the same vote required for the adoption of an urgency ordinance upon finding that:

(a) An emergency exists as defined in Municipal Code Section 2.88.020--Emergency Defined; and

(b) The use or structure is required to ameliorate the effects of the emergency.

C. Effective Date of Action. Action by the City Council under this section is effective immediately.

D. Post-Emergency Requirements.

1. Uses and structures permitted under this section are no longer authorized after the City Council declares the emergency has ended.

2. After the emergency has ended, uses and structures shall either:

(a) Be removed or discontinued; or

(b) Apply for all permits and approvals required by the Zoning Ordinance. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.070 Conflict with Private Agreements.

A. It is not the intent of the Zoning Ordinance to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the Zoning Ordinance imposes a greater restriction than imposed by a private agreement, the Zoning Ordinance controls. Private agreements may impose greater restrictions than the Zoning Ordinance, and at its sole discretion, the City may monitor or enforce private agreements. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.080 Transitional Provisions.

A. Relation to Prior Zoning Ordinance. The Zoning Ordinance supersedes the prior Zoning Ordinance codified in Municipal Code Title 23, including all Title 23 sub-titles and appendices.

B. Violations Continue. A violation of the prior Zoning Ordinance continues to be a violation under this Zoning Ordinance unless the violation is brought into compliance with this Zoning Ordinance.

C. Pending Applications.

1. If the City deems an application complete but does not take final action on the application before the effective date of this Zoning Ordinance, the application remains subject to prior Zoning Ordinance in effect when the application was deemed complete.

2. If an application is withdrawn before a decision, any re-application is subject to the requirements of this Zoning Ordinance.

D. Approved Projects.

1. Permits and other approvals valid on the effective date of this Zoning Ordinance remain valid until their expiration date.

2. Projects with valid permits or approvals shall be completed in compliance with the standards in effect at the time of approval. If the permit or approval expires, future development shall comply with the requirements of this Zoning Ordinance.

E. Nonconformities. A parcel, land use, or structure lawfully established before December 1, 2021, that does not comply with this Zoning Ordinance is considered nonconforming and subject to the requirements in Chapter 23.324 (Nonconforming Uses, Structures, and Buildings). (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.090 Severability.

If any portion of the Zoning Ordinance is found invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining portions of the Zoning Ordinance, which shall remain in full force and effect. The City Council declares that it would have passed the Zoning Ordinance and each of its portions, regardless of whether any portion is declared invalid or unconstitutional. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.102.100 Rules of Evidence and Procedure.

Except as otherwise expressly provided in this Ordinance, formal rules of evidence or procedure which must be followed in a court of record in this state shall not apply. No action, inaction or recommendation made by any City official, employee, commission, board or other entity under this Ordinance shall be void or invalid or be set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect or omission (hereinafter called error) as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals or any matters of procedure whatever, unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.104.010 Chapter Purpose.

This chapter establishes rules and procedures for interpreting the Zoning Ordinance to ensure that it is applied and enforced in a consistent manner. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.104.020 Authority.

The Zoning Officer has the authority to interpret the meaning and applicability of the Zoning Ordinance. Zoning Officer interpretations are subject to review and modification by the Zoning Adjustments Board (ZAB) and the City Council, with the ultimate decision-making power resting with the City Council. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.104.030 Rules of Interpretation.

A. Meaning and Intent. All language shall be construed according to the purpose and intent set out in Section 23.102.040 (Purpose of the Zoning Ordinance).

B. Minimum Requirements. The Zoning Ordinance establishes minimum requirements to promote the public health, safety, and general welfare. When the Zoning Ordinance provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements as necessary to achieve the purpose and intent of the Zoning Ordinance set out in Section 23.102.040 (Purpose of the Zoning Ordinance).

C. Harmonious Construction. The City intends that all provisions of the Zoning Ordinance be construed harmoniously. When two or more provisions of the Zoning Ordinance appear to conflict, the City shall construe such provisions to give effect to both, if possible, by harmonizing them with each other. In cases of conflict, the more restrictive shall govern.

D. Headings, Illustrations, and Text. In cases where text conflicts with any heading, table, or figure, the text controls.

E. Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

F. Computation of Time. References to days are consecutive calendar days unless otherwise stated. When business days are referenced, they include only days when City Hall is open. The end of a time period is computed by excluding the first day and including the last day. If the last day is a holiday observed by the City or a City Hall non-business day, that day is excluded.

G. Rounding of Fractional Numbers. Unless otherwise stated, a fraction of one-half or more is rounded to the nearest highest whole number and a fraction of less than one-half is rounded to the next lowest whole number.

H. References to Other Regulations, Publications, and Documents. Whenever reference is made to a resolution, ordinance, regulation, or document, it is construed as a reference to the most recent edition of such resolution, ordinance, regulation, or document, unless specifically stated.

I. Technical and Non-Technical Terms. Words and phrases are construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law are construed and understood according to such meaning.

J. Terms Not Defined. If there is a term used in the Zoning Ordinance that is not defined in this title, the Zoning Officer has the authority to provide a definition based upon intended meaning of the undefined term.

K. Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the City of Berkeley, unless otherwise indicated.

L. Mandatory and Discretionary Terms. The words "shall," "will," "must," and "is" are always mandatory. The words "may" and "should" are advisory and discretionary terms.

M. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

1. "And" means that all connected items apply.

2. "And/or" means that the connected words or provisions may apply singularly or in any combination.

3. "Or" means that any one of the connected items may apply singularly but not in combination.

4. "Either...or" means that the connected words or provisions shall apply singularly but not in combination.

N. Tenses and Plurals. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.104.040 Threshold Regulations.

To determine if a non-residential project application is subject to a requirement which applies only if certain development or use thresholds are reached, any construction or change of use which is subject to the same regulation and was completed within one year before the application is considered part of the same application. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.104.050 Zoning Map.

A. Zoning Map Boundaries. Where uncertainty exists as to the boundaries of districts shown on the Zoning Map, the following rules apply:

1. Boundaries shown as approximately following lot lines are construed to follow the lot lines.

2. Boundaries shown as approximately following the centerlines of streets, highways, and alleys are construed to follow the centerlines.

3. Boundaries shown as approximately following city limits are construed to follow city limits.

4. Where a district boundary divides a lot, the location of the boundary is determined by the use of the scale appearing on the Zoning Map unless otherwise indicated by a legal description of the property.

B. Lots Containing Two or More Districts.

1. For lots containing two or more districts, each part of the lot is subject to the regulations of district in which it is located, except as allowed by Paragraph (2) below.

2. The City may apply the setback requirements in one part of a lot to a part of the lot located in another district with a Use Permit, subject to the following:

(a) The development intensity (residential density and/or floor area ratio) of the project may not exceed the development intensity that would be allowed if the setbacks requirements are not adjusted; and

(b) Allowed land uses in each part of the lot are only as permitted in the district in which it is located. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.010 Chapter Purpose.

This chapter establishes rules for the measurement of standards contained in the Zoning Ordinance. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.020 Lot Coverage.

A. Lot Coverage Defined. Lot coverage means all the area of a lot, as projected on a horizontal plane, which is:

1. Enclosed by the exterior walls of buildings or enclosed accessory structures; or

2. Covered by decks, porches, stairs and/or landings which cover an enclosed space or paved ground area.

3. Covered by a pergola, trellises or similar horizontal features.

B. Exclusions. The lot coverage calculation excludes:

1. Uncovered porches, landings and stairs;

2. Uncovered decks, except that a deck on the roof of a building or accessory structure or over an enclosed space or paved ground area is included in the lot coverage calculation; and

3. The area of the roof of a subterranean structure, when such a structure is not more than 3 feet above finished grade.

4. The first 24 inches of eaves extending from a building or structure.

5. The area of any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See 23.306 Accessory Dwelling Units.

C. Lot Coverage Standards. Number of stories of main building(s) shall be used to determine the allowable lot coverage where applicable. (Ord. 7955-NS § 1, 2025; Ord. 7888-NS § 4, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.030 Floor Area, Gross.

A. Gross Floor Area Defined. Gross floor area means the total gross horizontal areas of all floors of a building or enclosed structure.

B. Basements and Cellars. Gross floor area includes usable basements and cellars that are either:

1. Below the roof and within the outer surface of the main walls of a main or accessory building (or the centerlines of party walls separating such buildings or portions of buildings); or

2. Within lines drawn parallel to and 2 feet within the roof line of any building or portion of a building without walls.

C. Access Features in Multi-Story Buildings. For a multi-story building with a covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of these features is counted only once at the floor level of their greatest area of horizontal extent.

D. Excluded Areas. The following areas are excluded from gross floor area calculation:

1. Covered or uncovered areas used for off-street parking or loading spaces.

2. Driveways ramps between floors and maneuvering aisles of a multi-level parking garage.

3. Mechanical, electrical, and telephone equipment rooms below finished grade.

4. Areas which qualify as usable open space.

5. Arcades, porticoes, and similar open areas for non-residential uses which are:

(a) Located at or near street level;

(b) Accessible to the general public; and

(c) Are not designed or used as sales, display, storage, service, or production areas.

6. The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See 23.306 Accessory Dwelling Units.

E. Covered Pedestrian Access Features for Non-Residential Uses. For non-residential uses, gross floor area includes pedestrian access interior walkways or corridors, or interior courtyards, walkways, paseos or corridors covered by a roof or skylight.

F. Mezzanines. Gross floor area includes the floor area of a mezzanine. (Ord. 7888-NS § 5, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.035 Floor Area, Gross Residential.

A. Gross Residential Floor Area Defined. Gross residential floor area means the total floor area of all of the following:

1. Residential units.

2. In a Group Living Accommodation (GLA), common rooms/lounges and supporting facilities such as kitchens and restrooms.

3. Habitable attic.

4. Mezzanine or loft within a residential unit.

B. Residential Unit Defined. Residential unit means any Dwelling Unit, any Live/Work Unit, or any bedroom of a GLA except a GLA in a University-recognized fraternity, sorority or co-op; provided, however, that for purposes of this section, "residential unit" shall not include any Accessory Dwelling Unit or Junior Accessory Dwelling Unit. (Ord. 7890-NS § 1, 2023)

23.106.040 Floor Area, Leasable.

A. Leasable Floor Area Defined. Leasable floor area means the total interior floor area of a commercial lease space available for use by a single business.

B. Included Areas. Leasable floor area includes all sales, customer, display, shelving, assembly, seating, counter, kitchen, storage, and office areas.

C. Excluded Areas. Leasable floor area does not include stairs, restrooms, and unenclosed walkways and areas serving more than one lease space such as hallways, corridors, lobbies, maintenance areas, vestibules and other common areas. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.050 Floor Area Ratio.

A. Floor Area Ratio Defined. Floor area ratio (FAR) means the quotient resulting from division of the gross floor area of all buildings on a lot by the area of the lot. See Figure 23.106-1: Floor Area Ratio.

1. Floor Area Ratio Defined in R-BMU: In the R-BMU district, FAR means the quotient resulting from division of the Gross Floor Area of all buildings on a lot by the Lot Area. In a single integrated development on contiguous lots, the permitted Floor Area Ratio shall be computed upon the basis of the total area of all such lots.

Figure 23.106-1. FLOOR AREA RATIO

B. Development on Contiguous Lots. In a single integrated development on contiguous lots, the permitted floor area ratio is calculated using the total combined area of all such lots. (Ord. 7815-NS § 1, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.060 Story.

A. Story Defined. A story means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above. See Figure 23.106-2: Story.

Figure 23.106-2. STORY

B. Topmost Story. The topmost story of a building is the portion of a building between the floor of the topmost floor and the ceiling or roof above.

C. Below Grade Spaces. If the finished floor level directly above the ceiling of a basement, garage structure, cellar, or unused underfloor space is more than 6 feet above existing grade at any point, such basement, cellar, or unused underfloor space is considered a story.

D. Penthouses. A penthouse used for purposes other than shelter of mechanical equipment or shelter of vertical shaft openings in the roof is considered a story.

E. Mezzanines. When the total floor area of a mezzanine exceeds 33.3 percent of the total floor area in that room, it constitutes an additional story. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.070 Setbacks.

A. Measurement. A required setback is measured as the distance between the surface of a building’s outer wall and the applicable lot line.

B. Setback Areas. As shown in Figure 23.106-3: Setbacks, a setback area means the required open area on a lot that is between a lot line and a setback line. A setback area must be unoccupied and unobstructed from the ground upward by any portion of a building or structure except as otherwise permitted by the Zoning Ordinance. Required setback areas are defined as follows:

1. Front Setback Area: The area extending across the full width of the front of a lot from the front lot line to the front setback line.

2. Rear Setback Area: The area extending across the full width of the lot between the rear lot line and the rear setback line.

3. Interior Side Setback Area: The area between an interior side lot line and the side setback line, and extending from the front lot line to the rear lot line.

4. Street Side Setback Area: The area between a street side lot line and the side setback line, and extending from the front lot line to the rear lot line.

Figure 23.106-3. SETBACKS

(Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.080 Building Separation.

A. Measurement. Building separation is measured as the distance between the surface of a main building or ADU’s outer wall and the outer wall surface of the closest main building or ADU on the same lot.

B. Main Buildings with Different Height. The required building separation between two or more main buildings which are of different heights is that required for the number of stories in the tallest building. (Ord. 7955-NS § 2, 2025; Ord. 7888-NS § 6, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.090 Height.

A. Average Building Height.

1. Average Building Height: The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building (or, in the case of residential additions, that portion of the lot covered by the addition) to the roof features shown in Table 23.106-1: Average Building Height Measurement. See Figure 23.106-4: Average Building Height.

2. Dormers are not included in the average building height calculation.

3. Attached accessory dwelling units are not included in the average building height calculation.

Table 23.106-1. AVERAGE BUILDING HEIGHT MEASUREMENT

ROOF TYPE

AVERAGE BUILDING HEIGHT MEASURED TO:

Sloped, hipped, gabled roofs

The average height of the roof between the ridge and where the eave meets the plate

Roof with parapet walls

The top of the parapet wall

Gambrel roof

The average height of the roof between the ridge and the point where the uppermost change in the roof’s slope occurs

Mansard roof

The height of the deck

Shed roof

The height of the roof ridge

Figure 23.106-4. AVERAGE BUILDING HEIGHT

B. Maximum Building Height: The vertical distance of a building at any point, within a given plane, from finished grade to the top of the roof or parapet walls. See Figure 23.106-5: Maximum Building Height.

Figure 23.106-5. MAXIMUM BUILDING HEIGHT

(Ord. 7888-NS § 7, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

23.106.100 Residential Density.

A. Residential Density Defined. The ratio of the number of dwelling units on a lot to the lot area as measured in acres.

B. Measurement. Residential density shall be calculated by dividing the total number of dwelling units on a lot by the total lot area in acres, rounded to the nearest whole number. Accessory Dwelling Units and Junior Accessory Dwelling Units are not included in the minimum or maximum density established by the underlying zoning district (see Section 23.306.020). (Ord. 7890-NS § 2, 2023)

23.108.010 Chapter Purpose.

This chapter identifies the districts that apply to land within the Berkeley city limits and establishes the official Berkeley Zoning Map. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.108.020 Zoning Districts.

A. Districts. Berkeley is divided into districts as shown in Table 23.108-1: Zoning Districts. Unique regulations apply within each district as established in Chapters 23.202--23.208 (Zoning Districts).

Table 23.108-1. ZONING DISTRICTS

DISTRICT SYMBOL

NAME OF DISTRICT

Residential Districts

R-1

Residential Multi-Unit 1

ES-R

Environmental Safety Residential

R-2

Residential Multi-Unit 2

R-2A

Residential Multi-Unit 2A

R-3

Multiple-family Residential

R-4

Multi-family Residential

R-5

High Density Residential

R-S

Residential Southside

R-SMU

Residential Southside Mixed Use

R-BMU

Residential BART Mixed Use

Commercial Districts

C-C

Corridor Commercial

C-U

University Avenue Commercial

C-N

Neighborhood Commercial

C-E

Elmwood Commercial

C-NS

North Shattuck Commercial

C-SA

South Area Commercial

C-T

Telegraph Avenue Commercial

C-SO

Solano Avenue Commercial

C-DMU

Downtown Mixed-Use

C-W

West Berkeley Commercial

C-AC

Adeline Corridor Commercial

Manufacturing Districts

M

Manufacturing

MM

Mixed Manufacturing

MU-LI

Mixed Use-Light Industrial

MU-R

Mixed Use-Residential

M-RD

Manufacturing, Research and Development

Special Districts

SP

Specific Plan

U

Unclassified

B. Undesignated Areas. Any area not specifically designated as a district on the Zoning Map is subject to the Unclassified (U) district requirements.

C. Overlay Zones.

1. The Zoning Ordinance and Zoning Map include the overlay zones shown in Table 23.108-2: Overlay Zones. Overlay zones impose additional regulations on properties beyond what is required by the underlying district. As shown in Table 23.108-2: Overlay Zones, provisions for overlay zones that apply to two or more districts are located in Chapter 23.210 (Overlay Zones). Provisions for overlay zones that apply only in one district are located in the Zoning Ordinance chapter for that district.

TABLE 23.108-2: OVERLAY ZONES

OVERLAY ZONE SYMBOL

NAME OF OVERLAY ZONE

LOCATION IN ZONING ORDINANCE

Overlay Zones that Apply in Two or More Districts

H

Hillside

23.210.020--Hillside Overlay Zone

C

Civic Center

23.210.030--Civic Center District Overlay Zone

Overlay Zones that Apply in One District

DA

Downtown Arts

23.204.130--C-DMU Downtown Mixed-Use District (Arts Overlay District)

2. If the overlay zone applies a standard to a property that conflicts with the underlying district, the overlay zone standard governs. If the overlay zone is silent on a standard in the underlying district, the underlying district standard applies.

D. Vacated Streets. Where a public street or alley is officially vacated or abandoned, the land area of the street or alley acquires the district classification of the property to which it reverts. (Ord. 7978-NS § 1, 2025; Ord. 7957-NS § 1, 2025; Ord. 7850-NS § 1, 2023; Ord. 7815-NS § 2, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

23.108.030 Zoning Map.

A. Adoption. The City Council hereby adopts the City of Berkeley Zoning Map ("Zoning Map"), which establishes the boundaries of all districts and overlay zones provided for in the Zoning Ordinance.

B. Incorporation by Reference. The Zoning Map, including all legends, symbols, notations, references, and other information shown on the map, is incorporated by reference and made a part of the Zoning Ordinance.

C. Location. The Zoning Map is kept, maintained, and updated electronically by the City Clerk, and is available for viewing by the public at the Planning and Development Department and on the official City of Berkeley website. (Ord. 7787-NS § 2 (Exh. A), 2021)