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Berkeley Lake City Zoning Code

ARTICLE X

- COMMERCIAL USE DISTRICT

Sec. 78-267.- General purposes of commercial districts.

The commercial districts established in this article are designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(1)

To provide sufficient space, in appropriate locations in proximity to residential areas, for local retail development catering to the regular shopping needs of the occupants of nearby residences, with due allowance for the need for a choice of sites.

(2)

To provide appropriate space, and in particular sufficient depth from a street, to satisfy the needs of modern local retail development, including the need for offstreet parking spaces in areas to which a large proportion of shoppers come by automobile, and to encourage the natural tendency of local retail development to concentrate in continuous retail frontage, to the mutual advantage of both consumers and merchants.

(3)

To protect both local retail development and nearby residences against fire, explosion, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity and glare and other objectionable influences.

(4)

To protect both local retail development and nearby residences against congestion, particularly in areas where the established pattern is predominantly residential but includes local retail uses on the lower floors, by regulating the intensity of local retail development, by restricting those types of establishments which generate heavy traffic, and by providing for offstreet parking and loading facilities.

(5)

To provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, with due allowance for the need for a choice of site.

(6)

To provide freedom of architectural design, in order to encourage the development of more attractive and economic building forms, within proper standards.

(7)

To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of commercial development, to strengthen the economic base of the city, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of the land and buildings and to protect the city's tax revenue.

(Code 2004, § 39-1001)

Sec. 78-268. - C-1 neighborhood business district.

The C-1 neighborhood business district is designed to provide for local shopping and include a wide range of retail stores and personal service establishments which cater to frequently recurring needs. The district regulations are designed to promote convenient shopping and the stability of retail development by encouraging continuous retail frontage and by prohibiting local service and manufacturing establishments which tend to break such continuity.

(Code 2004, § 39-1002)

Sec. 78-269. - Uses permitted.

In C-1 neighborhood business districts, the following uses shall be permitted:

(1)

Any retail, financial or personal business or service providing convenience goods and services to nearby residential areas, except gasoline stations and drive-through eating places.

(2)

Within the C-1 neighborhood business district, automobile parking is permitted within the front yard setback provided a street barrier strip is provided so that no automobile can back into the bordering street.

(3)

Communication towers and antennas subject to the requirements of Chapter 77, Standards for Wireless Communication Facilities.

(Code 2004, § 39-1003; Ord. No. O-103-09, 6-18-2009)

Sec. 78-270. - Grassing and paving required.

All driveways and parking areas on commercial lots shall be paved with concrete and all areas not paved shall be suitably grassed or landscaped including all banks and slopes to a degree sufficient to effectively prevent erosion or siltation and sedimentation in runoff waters. All banks and slopes are to be grassed or stabilized immediately upon completion of grading.

(Code 2004, § 39-1004)

Sec. 78-271. - Buffer zones established.

In all C-1 neighborhood business districts a buffer strip at least 50 feet wide is required where said neighborhood business district abuts an industrial district. Where it abuts a residential district, the buffer strip shall be at least 75 feet wide. Buffers shall be planted to meet the requirements of Chapter 42 - Natural Resources, Article VII - Buffers, Landscape and Trees, Division 2 - Buffer Regulations.

(Ord. No. O-118-10, § 1, 10-21-2010)

Editor's note— Ord. No. O-118-10, § 1, adopted Oct. 21, 2010, repealed § 78-271 in its entirety and enacted new provisions to read as herein set out. Prior to amendment § 78-271 pertained to similar subject matter. See Code Comparative Table for derivation.

Sec. 78-272. - Area, yard, garage, height and supplementary regulations as to C-1 commercial use district.

The following regulations shall apply to commercial uses:

(1) District area Minimum Ten acres.
(2) Lot area Minimum 30,000 square feet.
(3) Lot frontage Minimum 150 feet.
(4) Lot depth Minimum 200 feet.
(5) Front yard Minimum 75 feet.
(6) Rear yard Minimum 25 feet.
(7) Side yard Minimum 25 feet.
(8) Building height Maximum Two stories or 40 feet, whichever is less.
(9) Location of driveways At least 100 feet from street intersection; at least 100 feet from each other measured at the center of the driveway.

 

(Code 2004, § 39-1006)