[CC 1961 §23.16.1; Ord. No. 2974 §23.16.1, 6-20-1988]
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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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.
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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.
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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.
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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.
[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.
[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.
[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.
[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.
[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.
[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.
[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]
[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.
