Berkeley City Zoning Code
ARTICLE IV
Supplemental Height, Area, Parking and Fencing Regulations
Section 400.210 General Height and Area Regulations.
Section 400.220 Height of Public Buildings.
[CC 1961 §23.16.2; Ord. No. 2974 §23.16.2, 6-20-1988]
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet above grade, and churches and temples may be erected to a height not exceeding seventy-five (75) feet, if the building is set back from each yard line at least one (1) foot for each two (2) feet above grade of additional building height above the height limit otherwise provided in the district in which the building is located.
Section 400.230 Height of Chimneys, Etc.
[CC 1961 §23.16.3; Ord. No. 2974 §23.16.3, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, state towers or scenery lofts, tanks, water towers, grain elevators or necessary mechanical appurtenances, may be erected to any height, in accordance with the height requirements of the district in which it will be located.
Section 400.240 Use of Basement for Residence.
[CC 1961 §23.16.4; Ord. No. 2974 §23.16.4, 6-20-1988]
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
Section 400.250 Projections Into Rear Yard.
[CC 1961 §23.16.5; Ord. No. 2974 §23.16.5, 6-20-1988]
Open lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the required rear yard not more than five (5) feet are permitted.
Section 400.260 Projections Into Front Yard.
[CC 1961 §23.16.6; Ord. No. 2974 §23.16.6, 6-20-1988]
An open unenclosed porch not more than one (1) story in height or paved terrace may project into the required front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into the required front yard for a distance not to exceed four (4) feet.
Section 400.270 Projections on Ground Level, Side Yard.
[CC 1961 §23.16.7; Ord. No. 2974 §23.16.7, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required yard, provided these projections be a distance at least two (2) feet from the adjacent side lot line.
Section 400.280 Fences Abutting Public Right-of-Way.
[CC 1961 §23.16.8; Ord. No. 2974 §23.16.8, 6-20-1988]
Fences in the side and rear yard in all districts may be increased to six (6) feet in height where the lot abuts a railroad right-of-way, a drainage channel or an easement of a public utility for a major transmission line.
Section 400.290 Two-Family Dwellings, Side Yard.
[CC 1961 §23.16.9; Ord. No. 2974 §23.16.9, 6-20-1988]
For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one (1) lot.
Section 400.300 Temporary Buildings.
[CC 1961 §23.16.10; Ord. No. 2974 §23.16.10, 6-20-1988]
Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work.
Section 400.310 Required Open Space.
[CC 1961 §23.16.11; Ord. No. 2974 §23.16.11, 6-20-1988]
Within the "C" and "M" Districts, there shall be a minimum landscaped area of twenty-five percent (25%) of the lot area, such landscaped area not to include any building, parking areas, driveways or other impervious surfaces.
Section 400.320 Commercial and Industrial Buildings, Space.
[CC 1961 §23.16.12; Ord. No. 2974 §23.16.12, 6-20-1988]
Where a lot or tract is used for commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
Section 400.330 Number of Employees.
[CC 1961 §23.16.13; Ord. No. 2974 §23.16.13, 6-20-1988]
Whenever the number of employees is restricted in connection with any use in the commercial districts, such maximum number applies only to employees engaged in processing or treating materials or products on the premises and not to employees engaged in selling, clerical, delivery or similar activities.
Section 400.340 Buildings for Storage.
[CC 1961 §23.16.14; Ord. No. 2974 §23.16.14, 6-20-1988]
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such districts.
Section 400.345 Telecommunications Towers.
[Ord. No. 3443 §1, 10-5-1998]
A.
General Purpose. The general purpose of this Section is to regulate the placement, construction and modification of telecommunications towers, support structures and antennas in order to protect the health, safety and welfare of the public, while at the same time not reasonable interfering with the development of the competitive wireless communications and marketplace in Berkeley, specifically, this Section is intended to:
1.
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Berkeley;
2.
Minimize adverse visual impacts of communications antennas and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
3.
Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;
4.
Maximize the co-location of facilities on any new support structures;
5.
Ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community;
6.
Ensure that regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service.
B.
The Legislative Findings.
1.
On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunications services in the United States.
2.
The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction and modification of towers and antenna support structures and to protect the health, safety and welfare of the public.
3.
The City has been granted the authority to enact legislation to regulate the construction, placement and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89 of the Revised Statutes of Missouri and additionally pursuant to its general and specific Police powers established by Statute authorizing regulations herein to protect the public health, safety and welfare.
5.
Consistent with the Telecommunications Act of 1996, the regulations of this Section will not have the effect of prohibiting the provision of personal wireless services and do not unreasonably discriminate among functionally equivalent procedures of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City. This Section does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.
6.
The uncontrolled proliferation of towers in the City of Berkeley without adoption of new regulations would diminish property values, the aesthetic quality of the City, and would otherwise threaten the health, safety and welfare of the public.
7.
The City of Berkeley occupies approximately one hundred twenty-two (122) acres in southwest St. Louis County and presently zoned commercial property is available in areas comprising the highest elevations within the City boundaries.
C. ANTENNA AGL — ABOVE GROUND LEVEL CABINET CITY ADMINISTRATOR DISGUISED SUPPORT STRUCTURES FAA FCC HEIGHT MODIFICATION SHELTER SUPPORT STRUCTURE TOWER
Definitions. The following words and/or phrases shall have the following meanings as set out herein:
Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than two (2) meters in diameter (mounted within twelve (12) feet of ground or building-mounted) and any receive-only home television antennas.
Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location measurement.
A structure for the protection and security of communications equipment associated with one (1) or more antennas where direct access to equipment is provided from the exterior and that has a horizontal dimension that does not exceed four (4) feet by six (6) feet, and vertical height that does not exceed six (6) feet.
Administrator or other zoning enforcement official designated by the City Council.
Any freestanding, manmade structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately placed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, water towers, light standards, flagpoles and artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.
Any addition, deletion or change, including the addition or replacement of antennas, or any change to a structure requiring a building permit or other governmental approval.
A building for the protection and security of communications equipment associated with one (1) or more antennas and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antennas and including guyed tower, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also not include any support structure including attachments of sixty-five (65) feet or less in height owned and operator by an amateur radio operator licensed by the Federal Communications Commission.
D.
General Requirements. The requirements set forth in this Section shall be applicable to all towers, antennas and other support structures installed, built or modified after the effective date of this Section to the full extent permitted by law.
1.
Principal or incidental use. Antennas and support structures may be either a principal or incidental use in a commercial zoning district or park.
2.
Building Codes, safety standards and zoning compliance. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no antenna, tower or support structure shall be erected prior to receipt of a certificate of zoning authorization and the issuance of a building permit.
3.
Regulatory compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other State or Federal agency with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted to any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures with the City.
4.
Security. All antennas and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the City Administrator or by the Planning and Zoning Commission in the case of a special use permit.
5.
Lighting. Antennas and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennas or support structure. Equipment cabinets and shelters may have lighting only as approved by the Director on the approved site development plan.
6.
Advertising. Unless a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this Section is prohibited.
7.
Design.
a.
Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable State or Federal agency, be painted a neutral color consistent with the natural or built environment of the site.
b.
Equipment shelters or cabinets shall have an exterior finish compatible with the neutral or built environment of the site and shall also comply with any design guidelines that may be applicable to the particular zoning district in which the facility is located.
c.
Antennas attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.
d.
All towers shall be surrounded by a minimum six (6) foot high decorative wall constructed of brick, stone or comparable masonry materials and landscape strip of not less that ten (10) feet in width and planted and maintained with materials which will provide a visual barrier to minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the City Administrator in the case of a permitted use or use permitted by administrative permit, or by the Planning and Zoning Commission in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
e.
All towers shall be separated from any off-site single- or two-family residential structure a distance equal to the height of the tower. Towers on parcels adjacent to residentially zoned property shall meet the setbacks of the applicable zoning district as are required for a principal structure along the adjoining property line(s). Where adjacent to non-residentially zoned property, towers shall maintain setbacks as are required for accessory structures.
f.
Ground anchors of all guyed towers, if permitted, shall be located on the same parcel as the tower and meet the setbacks of the applicable zoning district.
g.
Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.
h.
On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
8.
Shared use.
a.
Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the City Administrator an inventory of all of that owner's towers in or within one-half (½) mile of the City limits of Berkeley and agree to shared use of such facilities subject to such technical limitations and financial terms as are reasonable. The inventory shall include the tower's reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional equipment shelters.
b.
Any new tower approved at a height of sixty (60) feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one (1) additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by Subparagraph (a) shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the City.
c.
Prior to any applications for the construction of a new tower or disguised support structure, a copy of the applications or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users as identified by a schedule maintained by the City. Proof of such delivery shall be submitted with the application to the City. The City Administrator may establish a form required to be used for such notifications. Upon request, the City Administrator shall place on a list the name and address of any user of towers or prospective user to receive notification of applications. The City Administrator shall, before deciding on the application or forwarding it to the Planning and Zoning Commission for consideration, allow all persons receiving notice at least ten (10) business days to respond to the City applicant that the party receiving notice be permitted to share the proposed tower. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new towers or structures.
d.
Any party seeking shared use of a tower subject to this provision shall, after responding to notice of an application, negotiate with the applicant for such use. The applicant may on legitimate and reasonable business basis choose between multiple requests for shared use on the same tower or structure and may reject any request where legitimate technical obstacle cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the City Administrator in writing. The City Administrator may reject the application upon finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by the payment of an administrative review fee of five hundred dollars ($500.00) to the City to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten (10) calendar days to provide a written submission to the City Administrator responding to the alleged violation of the shared use requirement. If deemed necessary by the City Administrator, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the City Administrator receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to thirty (30) days until the City determines that the applicant has complied. An application for special use permit shall not be deemed complete for acceptance until a decision on compliance is reached.
E.
Permitted Uses. The placement as follows of antenna and towers are permitted in all zoning districts other than residential:
1.
The attachment of additional or replacement antennas or shelters to any tower existing on the effective date of this Section (10-5-98) or subsequently approved in accordance with these regulations, provided that additional equipment shelters or cabinets are located within the existing tower compound area.
2.
The mounting of antennas on any existing building or structure, provided that the presence of the antennas is concealed by architectural elements or satisfactorily camouflaged by painting a color identical to the surface on which they are attached.
3.
The mounting of antennas on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet.
4.
The installation of antennas or the construction of a tower or support structure on buildings or land owned by the City following the approval of a lease agreement by the City Administrator.
F.
Authorization By Administrative Permit. The placement as follows of antenna and towers are permitted only by the City Administrator:
1.
The attachment of additional or replacement antennas or shelters to any tower existing on the effective date of this Section (10-5-98) or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area as long as all other requirements of this Section and the underlying zoning district are met.
2.
The construction of a disguised support structure, provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses. Equipment may be placed in a cabinet if the disguised support structure is incidental to an industrial, commercial, institutional or other non-residential use.
3.
The placement of dual polar panel antennas on wooden or steel utility poles not to exceed forty (40) feet in height, provided that all related equipment is contained in a cabinet.
4.
Towers erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.
G.
Applications Procedures. Applications for administrative permits shall be made on the appropriate forms to the City Administrator and accompanied by payment of the established fee.
1.
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkway, parking areas and other structures, public right-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydraulic features, and the coordinates and height AGL of the existing or proposed tower.
2.
The application shall be reviewed by the Planning and Zoning Commission to determine compliance with the above standards.
3.
The City Administrator shall issue a decision on the permit within forty-five (45) days of the date of application or the application shall be deemed approved unless the time period for review and action was extended pursuant to Subsection (D)(8). The City Administrator may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this Section. The City Administrator may consider the purposes of this Section and the factors established herein for granting a special use permit as well as any other considerations consistent with this Section. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
Appeals: Appeals from the decision of the City Administrator shall be made in the same manner as otherwise provided for the appeal of administrative decisions and directly to the City Council. |
H.
Special Use Permit Required. All proposals to install, build or modify an antenna or support structure not permitted by Subsections (E) or (F) above, including proposals involving areas zoned residential, shall require the approval of a special use permit following a duly advertised public hearing by the Planning and Zoning Commission.
1.
Applications for special use permits shall be filed and processed subject to and in the manner and time frame as established in Section 400.530 of the Zoning Code. A decision by the Commission shall be accompanied by substantial evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
2.
Additional minimum requirements. No special use permit shall be issued unless the applicant has clearly demonstrated by substantive evidence that placement of an antenna or support structure pursuant to Subsection (E) (Permitted Uses) or Subsection (F) (Administrative Permits) of this Section is not technologically or economically feasible. The Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.
Findings required. In addition to the determinations or limitations specified herein and by Section 400.530 for the considerations of special use permits, the Commission shall also base its decision upon, and shall make findings as to, the existence of the following conditions:
a.
No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering:
b.
The design of the tower or structure, including the antennas, shelter and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.
c.
The proposal minimizes the number and/or size of towers or structures that will be required in the area.
d.
The applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this Section or otherwise.
e.
No land owned by any agency of the Federal or State Government, or by any political subdivision of the State, is available for locating the structure or tower.
If any one, but not more than one, of the first (1st) five (5) determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section. |
4.
Additional limitations. No tower shall be approved at a height exceeding one hundred fifty (150) feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternatives are not viable.
I.
Obsolete Tower Structure. Any upper portion of a tower which is not occupied by active antennas for a period of twelve (12) months, and any entire tower which is not so occupied for a period of six (6) months, shall be removed at the owner's expense. Removal of upper portions of a tower manufactured as a single unit shall not be required. Failure to comply with this provision to properly maintain the tower and premises shall constitute a nuisance that may be remedied by the City at the tower or property owner's expense.
J.
Commercial Operation Of Unlawful Tower Or Antennas. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new antenna, tower or disguised support structure in violation of any provision of this Section, regardless of whether such antenna or structure is located on land owned by a governmental entity.
Section 400.350 Front Yards, Modifications.
[CC 1961 §23.16.15; Ord. No. 2974 §23.16.15, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
The front yards established before April 21, 1958, shall be adjusted in the following cases:
1.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have a front yard that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
2.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings, that have not observed a front yard as described above, then:
a.
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides.
Section 400.360 Area of Building in Group.
[CC 1961 §23.16.16; Ord. No. 2974 §23.16.16, 6-20-1988]
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for residential or institutional purposes, there may be more than one (1) main building on the lot; provided however, that the open space between the buildings that are parallel, perpendicular, or within forty-five degrees (45°) of being parallel, shall have a minimum dimension of thirty (30) feet for one (1) story buildings, forty (40) feet for two (2) story buildings, and fifty (50) feet for three (3) story buildings.
Section 400.370 Architectural Aesthetics.
[CC 1961 §23.16.17; Ord. No. 2974 §23.16.17, 6-20-1988]
No building shall be greatly dissimilar in architectural style, size, mass or color so as to appear grossly unattractive, and to have a negative impact on adjacent properties and the surrounding neighborhood.
Section 400.380 Unlawful Signs.
[CC 1961 §23.16.18; Ord. No. 2974 §23.16.18, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
The following signs and advertising devices are hereby declared unlawful:
1.
Signs utilizing movement, change of illumination, intensity or direction, sound or any other means of attracting attention mechanically, except as allowed in Article XI of this Chapter.
2.
Any sign that obstructs the view of any authorized traffic sign and traffic signal or obstructs the 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.
Section 400.390 Portable Signs.
[CC 1961 §23.16.19; Ord. No. 2974 §23.16.19, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
In commercial districts, portable signs shall not exceed twenty (20) square feet in area per sign face, shall not exceed six (6) feet in width, and shall not exceed six (6) feet in height. Permitted portable signs shall not include signs placed on vehicles or trailers which are parked for the primary purpose of displaying such signs. A permit must be issued for the portable sign by the City Council and may not exceed four (4) time periods in a calendar year, may not exceed fifteen (15) days in any one (1) time period, and may not exceed sixty (60) days total in a calendar year.
Section 400.400 Computing Parking Spaces Required.
[CC 1961 §23.16.20; Ord. No. 2974 §23.16.20, 6-20-1988]
A.
In computing the number of such parking spaces required, the following rules shall govern:
1.
"Floor area" shall mean the gross floor area of the specific use.
2.
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
3.
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
4.
Whenever a building or use constructed or established after April 21, 1958, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to April 21, 1958, is enlarged to the extent of twenty-five (25%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.
5.
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
Section 400.410 Location of Parking Spaces.
[CC 1961 §23.16.21; Ord. No. 2974 §23.16.21, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces if required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other non-residential building served.
1.
Not more than fifty percent (50%) of the parking spaces required for theaters, bowling alleys, dance halls, night clubs or cafes and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed above; provided however, that written agreement thereto is properly executed and filed as specified below.
2.
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and executed by the City Attorney and shall be filed with the application for a building permit.
3.
Off-street parking space may be located within the required front yard of any commercial, business or industrial district, but shall not be located nearer than fifty (50) feet to any dwelling district and no off-street parking other than in a driveway shall be permitted in the required front yard of any dwelling district.
4.
Parking areas of less than ten (10) car capacity shall be allowed a maximum of one (1), thirty-five (35) foot driveway on each street contiguous to the parking area, with the additional limitation that the driveway edge shall be no closer to a corner than the point of tangency of the corner curve or ten (10) feet, whichever is greater.
5.
Parking areas of ten (10) car capacity or greater shall be allowed a maximum of two (2), thirty (30) foot driveways on each street contiguous to the parking area, with the additional limitation that the driveway edge shall be no closer to a corner than the point of tangency of the corner curve or ten (10) feet, whichever is greater, and that a minimum of ten (10) feet separate the edges of adjacent driveways when measured at the curb line.
6.
The maximum width at the curb line (or the previous edge of pavement) of a driveway shall be fifty (50) feet. This fifty (50) feet shall include the radii at each driveway edge where it meets the curb (or previous edge of pavement). The minimum allowable radius shall be five (5) feet.
7.
"R-1", "R-2", "R-3" Single-Family and "R-4" Multi-Family Dwelling Districts shall provide improved parking spaces behind the building lines as required by Sections 400.090(E), 400.100(E), 400.110(E) and 400.120(E). Such parking spaces, if not a garage or carport, shall be constructed of concrete or asphalt. The required parking space shall be served by an accessway (driveway) connecting the parking space with the adjoining street. The width of the accessway (driveway) to said parking space shall not exceed twenty (20) feet, as measured at the building line. Such accessway shall be constructed of concrete or asphalt. No vehicle shall be parked within the lot line, other than on said parking space or accessway.
8.
Surfacing. In "R-1", "R-2", "R-3" Single-Family, and "R-4" Multi-Family Dwelling Districts, all parking areas, driveways and driveway aprons shall be constructed and surfaced with concrete, asphalt, paving block or other forms of concrete in compliance with adopted City construction specifications. All driveways and parking stalls shall, at a minimum, be surfaced with a six-inch class five base and two-inch asphalt topping. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the City Engineer for review, and the final drainage plan shall be subject to written approval of the Public Works Director. For construction of new garages, homes and/or any new driveway permits in all "R-1", "R-2", R-3" Single-Family, and "R-4" Multi-Family Dwelling Districts areas intended to be used for vehicle parking spaces and driveways shall comply with the above-stated requirement. Parking areas and driveways for existing garages and/or homes shall be surfaced with a material suitable to control dust and drainage. A covering permitting the growth of grass in the "R-1", "R-2", "R-3" Single-Family, and "R-4" Multi-Family Dwelling Districts does not constitute an acceptable surfacing material.
[Ord. No. 4334 § 2, 11-7-2016]
Section 400.420 Off-Street Loading Space, Commercial Districts.
[CC 1961 §23.16.22; Ord. No. 2974 §23.16.22, 6-20-1988]
A.
There shall be provided at the time any building is erected or structurally altered, except as otherwise provided in this Chapter, off-street loading space in accordance with the following requirements:
1.
Office buildings and hotels.
a.
One (1) space for each five thousand (5,000) to fifty thousand (50,000) square feet of gross floor area in the "C-1" and "C-2" Districts.
b.
One (1) space for each twenty thousand (20,000) to fifty thousand (50,000) square feet of gross floor area in the "M-1" District.
c.
Two (2) spaces for each fifty thousand (50,000) to two hundred thousand (200,000) square feet of gross floor area in any district.
d.
One (1) additional space for each seventy-five thousand (75,000) square feet of gross floor area above two hundred thousand (200,000) square feet in any district.
2.
Retail or service establishment or wholesale commercial use.
a.
One (1) space for each two thousand (2,000) to twenty thousand (20,000) square feet of gross floor area in the "C-1" and "C-2" Districts.
b.
One (1) space for each four thousand (4,000) to twenty thousand (20,000) square feet of gross floor area in the "M-1" District.
c.
Two (2) spaces for each twenty thousand (20,000) to one hundred thousand (100,000) square feet of gross floor area in any district.
d.
One (1) additional space for each seventy-five thousand (75,000) square feet of gross floor area above one hundred thousand (100,000) square feet in any district.
4.
No building or part thereof in the "C-1" and "C-2" Districts 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 Section.
5.
No building or part thereof in the "M-1" District heretofore erected which is used for any of the purposes specified above shall hereafter be enlarged or extended to provide a gross floor area of twenty-five thousand (25,000) square feet or more, unless off-street loading space is provided in accordance with the provisions of this Section.