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Berkeley City Zoning Code

CHAPTER 6

RESIDENTIAL DISTRICTS

12-6-1: DISTRICTS ESTABLISHED; PURPOSES:

   A.   Establishment; Purposes: There are three (3) residential zoning districts within the village. These districts provide a reasonable range of opportunity for the development and preservation of housing types consistent with the existing residential character of the village. The three (3) districts are:
      1.   The R-2 single-family district, which provides for a limited range of housing densities consistent with the village's established residential neighborhoods.
      2.   The R-3 two-family district, which exists solely to allow the type of housing found on the east side of the village.
      3.   The R-4 multiple-family district, which provides for lower density multiple-family building types such as townhomes (single- family attached and semidetached) and apartment buildings.
   B.   Service Uses Allowed: Only service uses compatible with the residential character of each zoning district are allowed in addition to the permitted residential uses. (2005 Zoning Code)

12-6-2: BULK, SPACE AND YARD REQUIREMENTS:

R-2
R-3
R-4
R-2
R-3
R-4
A. Maximum Height Of Principal Structure:
   1. Residential
30 feet or 2 stories, whichever is lower
30 feet or 2 stories, whichever is lower
See article C of this chapter
   2. Nonresidential
Not more than 35 feet, provided the yards are in compliance with subsection D of this section
Not more than 35 feet, provided the yards are in compliance with subsection D of this section
See article C of this chapter
B. Minimum Lot Area And Dimensions:
   1. Square feet (single- family detached)
   6,000
   6,000
See article C of this chapter
   2. Square feet (two- family detached)
   n/a
   4,000
See article C of this chapter
   3. Square feet (two- family semi-detached)
   n/a
   4,500
See article C of this chapter
   4. Square feet (nonresidential)
   14,400
   8,400
See article C of this chapter
   5. Lot feet width (residential)
   50
   50
See article C of this chapter
   6. Lot feet width (nonresidential)
   100
   100
See article C of this chapter
C. Lot Density Per Acre:
   1. Dwelling units per acre
   7.3
   n/a
See article C of this chapter
   2. Nonresidential units per acre
   n/a
   n/a
See article C of this chapter
D. Yards, Depths And Widths (R-2g):
   1. Front feet depth (R-2a) (R-2b) (R-2c) (R-2h)
   30
   30
See article C of this chapter
   2. Interior side feet width (R-2e)
   5
   5
See article C of this chapter
   3. Corner side feet depth
   n/a
   n/a
See article C of this chapter
   4. Rear feet depth (R-2f)
25 feet or 20 percent of total lot depth, whichever is greater
25 feet or 20 percent of total lot depth, whichever is greater
See article C of this chapter
   5. Interior side feet width for accessory structures
3
 
 
   6. Corner side feet width for accessory structures
5
 
 
E. Floor Area Ratio:
   1. Single-family
   n/a
   n/a
See article C of this chapter
   2. Nonresidential
   0.2
   0.2
See article C of this chapter
F. Lot Coverage (R-2i):
   1. Interior lot (R-3a)
   30 percent
   30 percent
See article C of this chapter
   2. Corner lot (R-3a)
   35 percent
   35 percent
See article C of this chapter
   3. Accessory use rear yard coverage
   50 percent
   n/a
See article C of this chapter
G. Spacing In Feet Between Principal And Accessory Structures (R-2k):
 
   10
   n/a
See article C of this chapter
 
Table Notes:
R-2 District Notes:
(R-2a) Where a lot is located at the intersection of 2 or more streets, the required front yards shall be observed on each street; provided, however, that the buildable width of such lot shall not be reduced to less than 25 feet and the front yard adjoining the side street shall not be less than 20 feet.
(R-2b) No accessory building shall project beyond the front yard line on either street.
(R-2c) Where lots have a double frontage, the required front yard shall be provided on both streets.
(R-2d) Repealed.
(R-2e) When a private garage is attached to the building, there shall be 2 side yards each having a width of not less than 5 feet.
(R-2f) Decks shall not be required to maintain a rear yard in excess of 12 feet.
(R-2g) For buildings more than 30 feet in height, each yard, as required above, shall be increased in width or depth by 1 foot for each 1 foot that the building exceeds 30 feet in height.
(R-2h) Front yard adjustments - when the established setback is of a depth other than herein required for a front yard, the setback for each undeveloped lot shall be the average of the setbacks already established on adjacent lots. If one of the adjacent lots is undeveloped, the setback for said lot shall be the average of the required front yard depth and the established setback on the adjacent lot.
(R-2i) Intensity of use - the total lot area covered by accessory uses shall not exceed 15 percent of the square footage of the said lot. Decks shall not be included in the amount of building coverage.
(R-2k) This limitation shall not apply to attached accessory structures, nor to air conditioning units, antennas, or antenna support structures, nor to any accessory structure protected by a fire separation wall approved by the village fire inspector.
(2005 Zoning Code; amd. Ord. 11-35, 11-15-2011)
R-3 District Notes:
(R-3a) R-3 requirements pertain to residential buildings containing two-family detached or 2 single- family attached dwellings, together with its accessory buildings.
(2005 Zoning Code)

12-6A-1: PERMITTED USES:

Single-family detached dwellings.
Temporary buildings incidental to construction work.
Accessory structures and uses customarily incidental to the above uses, not involving the conduct of business or of a profession. (2005 Zoning Code)

12-6A-2: SPECIAL USES:

Except as specifically limited in the following paragraphs, the following uses may be permitted in any single-family residential district, subject to the issuance of a special use permit as provided for in this title and subject to the additional standards hereinafter set forth:
Circulating reference and research libraries, public or private, and governmental uses, including village hall, fire station, and police station.
Parks, playgrounds and community buildings owned or operated for recreational use by private individuals or public agencies.
Public assembly.
Public utility stations, subject to the following standards:
   A.   All buildings and structures either shall have exteriors which give the appearance of a structure permitted in the district where located or shall comply with the buffer and landscape requirements applicable to nondwelling uses abutting a residential use pursuant to chapter 4, "General Provisions", of this title.
   B.   All such uses shall be fenced where any hazard to the safety of human or animal life is present.
   C.   No service or storage yard or building shall be permitted except as permitted for other uses in the district.
Schools, public or private, nonboarding nursery, daycare, prekindergarten, elementary, middle, junior high and high, which shall, in addition to other requirements under this title, meet all suggested, recommended, or mandatory standards in effect by state statute, and/or state board of education, superintendent of public instruction, state fire marshal, department of children and family services, county or other governmental agency responsible for the type of public and/or private school, including minimum site area, minimum floor area to occupancy standards, building floor area/lot ratio, and other standards applicable to such use, with the highest standard pertaining in case of conflict, but in no event shall the site area of an elementary school or higher be less than four (4) acres; and the building floor area/lot ratio be more than one to four (1:4), and in addition, all school sites must adjoin a collector or arterial roadway. (2005 Zoning Code; amd. Ord. 06-24, 7-18-2006; Ord. 06-26, 7-18-2006)

12-6A-3: SPECIFIED STRUCTURES AND USES IN REQUIRED YARDS:

The following structures and uses, except as limited below, may be located in any required yard:
Accessory buildings, rear and side yard.
Air conditioning equipment, not located in front yards.
Awnings, canopies, and bay windows projecting not more than three feet (3') into the yard. Bay windows shall not be allowed in side yards, and shall not exceed eighty percent (80%) of the width of the room it occupies.
Balconies and covered, unenclosed porches not more than five feet (5') in depth and not longer than thirty percent (30%) of the width of the attached main structure. Balconies shall be located in rear or court yards only.
Chimneys, flues, lintels, and ornamental features, projecting not more than eighteen inches (18") from an exterior wall.
Driveways, subject to the regulations of this title.
Eaves and gutters projecting not more than three feet (3') from an exterior wall.
Fences, walls, and hedges, subject to chapter 10 of this title.
Flagpoles.
Gazebos, screened in patios, playhouses, etc., rear yards only.
Nonmechanical laundry drying equipment, except in front yards.
Outside stairways, having a height of four feet (4') or less.
Parking spaces, except in front yards, subject to the regulations of chapter 12 of this title.
Playground equipment, rear and court yards only.
Sightline obstruction: On corner lots within that part of a yard, court or other open area located within a radius of twenty five feet (25') from the point of intersection of the two (2) street right of way lines forming the lot corner, no building, structures, or shrubs adjoining a street shall be erected, altered, or planted which will have a height exceeding twenty four inches (24") above the surrounding area ground grade, and trees planted in such areas shall not have branches lower than eight feet (8') above the ground grade elevation in this area.
Statuary, arbors, trellises, and ornamental light standards having a height of eight feet (8') or less.
Swimming pools and accessories, constructed at or below finished grade, except in any front or corner side yard, subject to the regulations of this title.
Terraces and patios, side and rear yards only. (2005 Zoning Code; amd. Ord. 11-35, 11-15-2011)

12-6A-4: NONCONFORMING LOTS:

See chapter 14 of this title. (2005 Zoning Code)

12-6B-1: PERMITTED USES:

As in the R-2 district.
Two-family detached dwellings.
Two (2) single-family semidetached dwellings. (2005 Zoning Code)

12-6B-2: SPECIAL USES:

As in the R-2 district. (2005 Zoning Code)

12-6C-1: PERMITTED USES:

Multiple-family dwellings; provided, that the minimum gross area of the development under single ownership is fifteen thousand (15,000) square feet.
Parks, playgrounds and community buildings owned or operated for recreational use by public agencies.
Single-family attached dwellings.
Single-family semidetached dwellings: Only when adjoined to a single-family attached dwelling unit (townhouses), provided:
There are not more than seven (7) such units in a building, and all such units shall have frontage on a public street.
Temporary buildings incidental to construction work, which temporary building shall, however, be removed prior to or upon completion or abandonment of the construction work.
Temporary signs pertaining to lease, hire, or construction of the building on the premises, or church or public building bulletin boards, as provided by chapter 13 of this title.
Accessory buildings and uses customarily incidental to any of the above uses including storage garages for private passenger vehicles. Any such building that is not part of the principal building shall be located not less than ten feet (10') from the main building, and not less than sixty feet (60') from the lot line. (2005 Zoning Code)

12-6C-2: SPECIAL USES:

As in the R-2 district.
Multi-family residences requiring more than one building on one lot.
Public assembly.
Single-family semidetached dwellings adjoining to one or more single-family attached dwellings (townhouses) where there is to be more than one building on one lot. (2005 Zoning Code; amd. Ord. 06-24, 7-18-2006)

12-6C-3: LOT AREA AND WIDTH:

   A.   Lot Area:
      1.   Single-family semidetached dwellings having a party wall common with a single-family attached dwelling (townhouse type buildings); single-family attached dwellings; and multiple-family dwellings, as follows:
 
Type Of Dwelling Unit
Minimum Lot Area Per Dwelling Unit (Square Feet)
   1 bedroom1
   2,000
   2 bedroom1
   2,500
   3 bedroom1
   3,000
 
Note:
1.    A "bedroom", for purposes of this article, is defined as a room furnished with at least 1 bed and intended primarily to be used for sleeping purposes, and specifically excluding living rooms, dining rooms, kitchens, bathrooms, laundry rooms, dens, or closets.
2.   Nonresidential uses: Not less than seven thousand five hundred (7,500) square feet, unless otherwise specified.
   B.   Lot Width:
      1.   Two (2) single-family semidetached dwellings and one single- family attached dwelling (townhouse building): Not less than eighty feet (80'), plus not less than twenty feet (20') of additional lot width for each additional single-family attached dwelling in a building.
      2.   Multiple-family dwelling: Not less than sixty feet (60').
      3.   Nonresidential uses: Not less than sixty feet (60'). (2005 Zoning Code)

12-6C-4: FLOOR AREA RATIO:

   A.   Single-family semidetached or attached: Not applicable.
   B.   Multiple-family dwellings, nonresidential permitted and special uses: Not more than 0.6. (2005 Zoning Code)

12-6C-5: BUILDING HEIGHT:

No building or structure shall be erected or structurally altered to exceed the following height:
   A.   Single-family attached and semidetached dwellings, and permitted nonresidential buildings and structures: As in the R-2 district.
   B.   All other dwelling types: Not more than three (3) stories, or not to exceed thirty five feet (35'), whichever is lower. (2005 Zoning Code)

12-6C-6: YARDS:

No building shall be erected or enlarged, unless the following yards are provided:
   A.   Single-family semidetached dwellings:
      1.   Front Yard: Not less than twenty five feet (25') in depth. Where a front yard of less than twenty five feet (25'), or more than twenty five feet (25'), has been maintained by buildings existing on lots having a combined frontage of forty percent (40%) or more of the frontage of any block lying between two (2) corner lots, the front yard shall be equal to the average depth of the front yards maintained by the aforementioned buildings, provided the front yard shall not be less than twenty feet (20') in any case, and need not be more than fifty feet (50').
      2.   Side Yard: One yard not less than ten feet (10') in width, except a side yard adjoining a street shall not be less than twenty five feet (25') in depth; provided, however, that buildable width of such lot shall not be reduced to less than twenty feet (20').
      3.   Rear Yard: Not less than thirty feet (30') in depth or twenty percent (20%) of lot depth, whichever dimension is greater.
   B.   Single-family attached dwellings: Front and rear yards as in subsection A of this section.
   C.   Multiple-family dwellings:
      1.   Front Yard: Not less than twenty five feet (25') in depth. Where the established front yard within the block varies from twenty five feet (25'), provisions of subsection A1 of this section apply.
      2.   Side And Interior Yards: Not less than twelve feet (12').
      3.   Side Yards Adjoining A Street: Not less than twenty five feet (25').
      4.   Rear Yards 1 : Not less than twenty five feet (25') in depth or not less than twenty percent (20%) of the depth of the lot, whichever dimension is greater. (2005 Zoning Code)

12-6C-7: SPACING BETWEEN STRUCTURES:

When two (2) or more structures which contain single-family detached dwellings, single-family attached dwellings, single- family semidetached dwellings, or two (2) or more multiple-family dwelling structures, or combinations thereof, are on a lot or on contiguous lots comprising a unified development under the same ownership or control, the distance between the structure walls shall be as follows:
   A.   When the front wall of a structure faces the front wall or rear wall of the nearest structure, the distance between the two (2) structure walls shall not be less than forty feet (40').
   B.   When the rear wall of a structure faces the rear wall of the nearest structure, the distance between the two (2) structure walls shall not be less than thirty feet (30').
   C.   When the side wall of a structure faces the front or rear wall of the nearest structure, the distance between the two (2) structure walls shall not be less than thirty feet (30'), except when the side wall contains more than two (2) windows on a floor that are not from bathrooms or storage rooms, such distance between structures shall not be less than forty feet (40'), or fifty feet (50') if a main entrance doorway is in such side wall.
   D.   When the side wall of a structure faces the side wall of the nearest structure, the distance between the two (2) structure's walls shall not be less than twenty feet (20'), except when the facing side walls of either of such structures contain more than two (2) windows on a floor that are not from bathrooms or storage rooms, such distance between the two (2) structures shall not be less than forty feet (40'), or fifty feet (50') if a main entrance doorway is in such side wall.
   E.   A wall of a structure forming the end of a court shall not be less than ten feet (10') from the nearest wall of a structure forming the sides of the court, and a structure forming the end of the court may be attached to one or both of the structures forming the sides of the court, provided the distance between facing walls of the structures forming the sides of the court is not less than the applicable requirements as set forth above.
   F.   Where structures are not parallel to each other, the required spacing shall be measured at the midpoint of the distance along which they face each other; however, the spacing between the structures at the narrowest point shall not be less than two- thirds (2/3) of the required distance. (2005 Zoning Code)

12-6C-8: LANDSCAPING:

All front yards shall be planted with sod and all areas not used for parking and driveways shall be landscaped. All open off street parking areas and driveways will be screened from adjoining residential lots as provided by chapter 12, article A of this title regarding off street parking regulations. (2005 Zoning Code)