Beverly Hills Municipal Code § 10-3-2740 Loading Space; Definitions

No person shall establish or conduct any business outside of Zones C-3 and M-2, except as provided in this chapter, and it shall be unlawful for any person to establish or conduct any business in Zones R-1, R-1.5, and R-4 which business is not in compliance with all the provisions of this chapter and any other law in effect regulating the establishing and conducting of any such business. (1962 Code § 10-702)

It shall be unlawful for any person to establish or conduct any business activity upon a vacant lot within the city of Beverly Hills except in compliance with the provisions of title 4, chapter 2, article 16 of this code and in compliance with any other law regulating the establishing and conducting of any such businesses. (1962 Code § 10-703; amd. Ord. 94-O-2193, eff. 3-4-1994; Ord. 94-O-2220, eff. 12-23-1994)

All businesses and business activity shall be conducted within a permanent building and shall be fully enclosed by walls and a roof unless such business or activity is specifically permitted in compliance with the provisions of title 4, chapter 2, article 16 or 19 of this code, or any other law pursuant to which such business or activity is specifically permitted to be conducted outdoors. (Ord. 94-O-2220, eff. 12-23-1994)

A. Definitions: For purposes of this section, the terms listed below shall have the following meanings:

BUSINESS TRIANGLE: That area of the city of Beverly Hills bounded by the centerline of Wilshire Boulevard to the south, the centerline of Santa Monica Boulevard (south roadway) to the north and west, and the centerline of the alley between Cañon Drive and Crescent Drive to the east.

LIVE ENTERTAINMENT: Any entertainment, other than live musical accompaniment to dining, provided by live performers, including patrons, at any establishment.

LIVE MUSICAL ACCOMPANIMENT TO DINING: A musical performance in a restaurant by no more than two (2) performers, including patrons, that does not include any dancing, singing, or spoken words. For purposes of these regulations a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded selections of music.

NIGHTCLUB TYPE ACTIVITY: Any bar, nightclub, discotheque, cocktail lounge, restaurant or other establishment which includes beverage service, whether alcoholic or nonalcoholic, and dancing by patrons or others and/or other live entertainment, whether such activities are the principal business use or incidental to a principal use, as the term "use" is defined in section 10-3-100 of this chapter.

RESTAURANT: Any establishment, including an establishment located inside a hotel or other use, that has as its primary activity the preparation and provision or service of food and beverages to its customers and that charges its customers, either directly or indirectly, for such commodities and service.

B. Live Musical Accompaniment To Dining; Regulations And Restrictions: Except as expressly provided for in subsections D and E of this section, live musical accompaniment to dining is the only form of live entertainment permitted in any area of the city outside the business triangle, subject to the following standards and restrictions:

1. Food Service Available: The live musical accompaniment to dining is permissible only during those times when food and beverage service is available to restaurant patrons;

2. Day And Time:

a. On Mondays through Thursdays, no live musical accompaniment to dining is permitted before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M.;

b. On Sundays and holidays, no live musical accompaniment to dining is permitted before nine o'clock (9:00) A.M. or after ten o'clock (10:00) P.M.;

c. On Friday mornings no live musical accompaniment to dining is permitted before seven o'clock (7:00) A.M.;

d. On Saturday mornings, no live musical accompaniment to dining is permitted before nine o'clock (9:00) A.M.;

e. On Friday and Saturday evenings, live musical accompaniment to dining is permitted until one hour after the last patron is permitted to be received by the restaurant, but in no case later than twelve o'clock (12:00) midnight.

3. Separation From Dining Area: Live musical accompaniment to dining may not be offered in a bar area, lounge or other area of the restaurant if that area is separated entirely from any other area of the restaurant by any floor to ceiling wall or is separated from any other area of the restaurant by any floor to ceiling wall and a door or divide that is capable of being closed;

4. Staging: Areas where musicians perform may not be located on any raised platform, stage or other mechanism designed to enhance the visibility of the musicians to restaurant patrons and may not have any special lighting other than ambient restaurant lighting and lighting specifically focused upon and designed to illuminate any sheet music the musicians might use;

5. Number Of Performers: Any live musical accompaniment to dining permitted by this section is limited to a maximum of two (2) persons performing on the premises of the restaurant at any given time;

6. Types Of Performance: Any live musical accompaniment to dining shall not include any dancing, singing or spoken word performances, by the performers, the patrons or any other persons;

7. Noise Level: All live musical accompaniment to dining shall take place inside the structure where the restaurant business is located and shall not occur in any outdoor area, including, without limitation, any outdoor area where outdoor dining is permitted. No speakers or other sound transmission equipment are permitted in any area outside the restaurant that permits live musical accompaniment to dining. The premises within which any restaurant that permits live musical accompaniment to dining is located shall contain sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights of way or within any separate units within the same building where the restaurant is located. There shall be no open doors or windows permitted at any restaurant that permits live musical accompaniment to dining. All live musical accompaniment to dining shall be performed at sound levels within the restaurant that permit persons within the restaurant to converse without straining to speak or be heard;

8. Charges Or Fees: No cover charge, admission fee, surcharge, or any other fee exacted as a condition of entering or exiting the restaurant, or in connection with the provision of any permissible form of entertainment, may be imposed in restaurants where there is live musical accompaniment to dining.

C. Prerecorded Music; Regulations And Restrictions: Notwithstanding any other provision of this code, prerecorded music may be played inside an establishment outside the business triangle during any hours the establishment is lawfully operating, provided the volume levels conform to the noise level standards set forth in subsection B7 of this section.

D. Live Entertainment; Regulations And Restrictions: Excluding nonconforming nightclub type activities regulated pursuant to subsection E of this section, any form of live entertainment, including, without limitation, nightclub type activities, other than live musical accompaniment to dining regulated pursuant to subsections A and B of this section, is expressly prohibited outside the business triangle, except inside hotels operating pursuant to a conditional use permit issued pursuant to article 38 of this chapter that expressly authorizes and regulates such activity, or inside any fixed seat theater that does not permit food or drink consumption in the seating area and that has no tables in the seating area. "Nonconforming nightclub type activities", as defined in subsection E of this section, may continue to operate outside the business triangle subject to the provisions set forth in that subsection.

Notwithstanding the provisions of this subsection, hotels located in any R-4 zone shall not contain any live entertainment, including, without limitation, any nightclub type activities. Restaurants and private dining rooms located in hotels in the R-4 zone and operating in conformity with section 10-3-1207 of this chapter may provide live musical accompaniment to dining, subject to all of the regulations and restrictions set forth in subsection B of this section.

Notwithstanding the provisions of this subsection, nightclub type activities may be conditionally permitted in the C-5 zone pursuant to a conditional use permit issued pursuant to article 38 of this chapter.

E. Nonconforming Nightclub Type Activities; Regulations And Restrictions: Notwithstanding any other provision of this section, nightclub type activities outside the business triangle lawfully in existence on July 1, 1979, that also were lawfully in existence on November 1, 1998, shall be permitted to operate or continue as a nonconforming nightclub type activity subject to the following provisions:

1. A nonconforming nightclub type activity which constitutes the principal use of the premises or which is a use or activity incidental to a restaurant as the principal use is hereby declared to be a nonconforming use, subject to all the privileges, rights restrictions, and obligations associated therewith.

2. A nonconforming nightclub type activity, other than one described in subsection E1 of this section, may be expanded, modified, or relocated within a building containing the existing conforming principal use to which the nightclub type use has been incidental provided there is first obtained the approval, or conditional approval, of the council.

F. Violations And Administrative Remedies: In addition to any and all other remedies permitted by law, any establishment outside the business triangle otherwise authorized to have live musical accompaniment to dining under this section shall be prohibited from allowing any live musical accompaniment to dining or playing any prerecorded music if three (3) or more violations of subsection B or C of this section occur at such establishment within any twelve (12) month period. If three (3) or more such violations occur, the city shall provide notice to the owner or operator of the establishment, as shown on the business license of the establishment, that live and prerecorded music shall thereafter be prohibited at the establishment. Within ten (10) days of such notice, the owner or operator may file a written request with the city clerk for a noticed hearing before a hearing officer designated by the city manager. The sole purpose of such hearing shall be to determine whether three (3) or more violations of subsection B or C of this section have occurred at the establishment within a twelve (12) month period. If the hearing officer determines that three (3) or more such violations have occurred at the establishment, then the hearing officer shall provide a written notice of the decision to the owner or operator. The notice shall also inform the owner or operator that no further live or prerecorded music shall be permitted at the establishment. The prohibition against playing music shall continue as long as the establishment operates under the same name or is owned or operated by any of the same persons or entities, either directly or indirectly. Any decision of a hearing officer under this subsection shall be appealable to the city council pursuant to title 1, chapter 4, article 1 of this code. However, notwithstanding section 1-4-104 of this code, the decision of the hearing officer shall not be stayed pending a final decision by the city council. (1962 Code § 10-704; amd. Ord. 73-O-1464, eff. 4-5-1973; Ord. 79-O-1744, eff. 9-27-1979; Ord. 94-O-2193, eff. 3-4-1994; Ord. 98-O-2295, eff. 5-1-1998; Ord. 98-O-2318, eff. 1-1-1999)

For the purposes of this chapter, "motion picture plant" is hereby defined as a place where motion pictures are regularly made or where succession of photographs upon motion picture film are regularly taken, whether or not such film is there developed, printed, or reproduced, or a place equipped for making or taking such motion pictures or photographs, or which is equipped with the appliances and machinery necessary and proper for the development, printing, or manufacture of motion picture film. (1962 Code § 10-705)

No building, structure, or improvement shall be erected, constructed, established, altered, or enlarged in the city which is designed, arranged, or intended to be used or occupied for the purpose of a motion picture plant or which is designed, arranged, or intended to be used for any trade, industry, or use which is noxious or offensive to the sense of human beings by reason of the omission of odors, dust, smoke, gas, or noise, or by reason of attracting vermin or flies, and no such trade, industry, or use shall be permitted in the city. (1962 Code § 10-706)

A motion picture plant designed and used exclusively for the taking of animated cartoons shall be permitted in zone C-3 if the provisions of this chapter regulating manufacturing plants in such zone and the provisions of any other law or resolution providing police or building regulations are complied with. (1962 Code § 10-707)

Nothing in this chapter shall be construed to prohibit billboards or signboards within the city provided the billboards or signboards are constructed, erected, and used as otherwise provided by the laws and resolutions of the city. (1962 Code § 10-709)

Nothing is this chapter shall be construed to prohibit the construction, erection, repair, alteration, enlargement, and/or removal of water wells, reservoirs, tanks, pipelines, and all other structures necessary therefor which are used, designed, arranged, or intended to be used by the city for or in connection with the discovery, pumping, storing, and/or distribution of water in the city or in surrounding territory. (1962 Code § 10-710)

The development, mining, or extraction of oil, gas, or other hydrocarbon substances, or water, or minerals of any character shall be permitted only in accordance with the provisions of chapter 5 of this title. (1962 Code §§ 10-716, 10-717; amd. Ord. 1253, eff. 12-1-1966; Ord. 1258, eff. 1-5-1967)

Security grilles in any commercial structure shall be prohibited on the exterior of such structure. Security grilles shall include, but not be limited to, any type of stationary, fold up, pivoting, rotating, or roll up metal lattice work or mesh or crossed bar grates used to prevent passage through a door or window opening. (1962 Code § 10-718; amd. Ord. 1253, eff. 12-1-1966; Ord. 86-O-1983, eff. 12-4-1986)

Prior to the installation of any security grille in the interior of a commercial structure, where such security grille is visible from a public street or alley, such security grille shall require approval by the architectural commission, pursuant to article 30 of this chapter, and a permit issued by the building and safety division. (1962 Code § 10-719; amd. Ord. 1258, eff. 1-5-1967; Ord. 86-O-1983, eff. 12-4-1986)

Any existing security grille which is nonconforming with section 10-3-2715 of this article shall be removed or brought into conformance not later than December 4, 1989. (1962 Code § 10-720; amd. Ord. 1258, eff. 1-5-1967; Ord. 86-O-1983, eff. 12-4-1986)

The director of building and planning shall not issue any building permit for the erection, construction, alteration, or enlargement of any building, structure, or improvement in any of the zones hereby established contrary to the provisions of this chapter. (1962 Code § 10-722)

No permit for the construction of a private garage, stable, or other similar structure or for any outbuilding upon any lot or subdivision of land in zones R-1, R-1.5, and R-4 shall be issued unless and until there is a residential building on such lot or a permit is simultaneously issued for the residence to be erected upon such lot or subdivision of land to which such garage, stable or similar structure or outbuilding is appurtenant. (1962 Code § 10-723)

It shall be unlawful to construct or maintain any outbuilding on any lot except simultaneously with or after the construction of the principal building thereon except as otherwise set forth in this chapter. (1962 Code § 10-724)

In the case of the issuance of a building permit for an outbuilding simultaneously with a permit for a principal building, the permit shall be held to be invalid unless the principal building to which the outbuilding is, or intended to be, appurtenant is erected and constructed. Failure to erect or construct the principal building shall be sufficient cause to revoke the permit for construction of the outbuilding. The outbuilding shall thereafter be removed upon receipt of an order from the building inspector calling for such removal. (1962 Code § 10-726)

No land shall be used or occupied, and no building structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the city building official stating the use of the building. (1962 Code § 10-727)

(Rep. by Ord. 96-O-2266, eff. 10-18-1996)

A. Commercial Zones: No building, structure, or improvement, or any part thereof, erected, constructed, or maintained in a commercial zone shall exceed forty five feet (45') in height, measured as set forth in this chapter, or three (3) stories, whichever is less.

B. Application Of Provisions To Existing Buildings: Nothing contained in this section shall apply to existing buildings in their present size and height to make them unlawful, but the provisions and limitations of this section shall apply to any alteration or addition to existing and future buildings.

C. Application Of Provisions To Existing Variances: Nothing contained in this section shall be deemed to waive any condition, covenant, or restriction in variances heretofore granted. (1962 Code § 10-735; amd. Ord. 1179, eff. 1-2-1964; Ord. 1202, eff. 5-20-1965; Ord. 1260, eff. 1-19-1967; Ord. 67-O-1279, eff. 8-10-1967; Ord. 69-O-1339, eff. 3-20-1969; Ord. 69-O-1341, eff. 5-15-1969; Ord. 75-O-1566, eff. 4-17-1975; Ord. 94-O-2193, eff. 3-4-1994)

For the purposes of this chapter, accessible automobile parking spaces shall be computed in accordance with the minimum parking standards, prepared by the planning division and approved by the council, which may be changed from time to time by the council and which shall be kept available for inspection by the public in the planning division. In the event several provisions relative to parking requirements may be applicable to a proposed use of property, the requirement designating the greater number of spaces shall be applicable. (1962 Code § 10-740; amd. Ord. 73-O-1493, eff. 11-1-1973; Ord. 82-O-1865, eff. 11-4-1982)

No person shall fail to maintain the parking facilities required to be provided by this chapter, or by any applicable provision of prior laws, or by any variance or use permit heretofore or hereafter granted by the council or the planning commission.

For the purposes of this section, "maintain" shall mean and include open, accessible, and available to the occupants, clients, or visitors of the building or use during the hours such building or use is normally occupied. This meaning shall not be construed to prohibit security devices as may be required by this code. (1962 Code § 10-741; amd. Ord. 78-O-1710, eff. 11-3-1978)

No building permit shall be issued until the applicant has presented satisfactory evidence to the planning official that the parking and loading facilities required by the provisions of this chapter will be provided and maintained. Such evidence shall include, but not be limited to, detailed plans and specifications of the proposed off street parking and loading facilities. Such plans and specifications shall show conformance to the requirements of this code and to the minimum parking standards. (1962 Code § 10-742; amd. Ord. 73-O-1493, eff. 11-1-1973)

A. At the time of the erection of a structure or the establishment of a use, there shall be provided and thereafter maintained off-street parking facilities to accommodate the motor vehicles used by the occupants, customers, clientele, and employees of such structure or use as provided in this article. Such off-street parking spaces shall be used exclusively for off-street parking purposes. For any structure or use enlarged or increased in capacity, additional parking facilities shall be required only for such enlargement or increase. However, any interior alteration or interior enlargement of an existing structure or use, other than a dwelling, shall not require additional parking to be provided if the alteration or enlargement does not increase the total parking requirement for all uses in the structure by more than two (2) spaces above the amount of parking required for the entire structure on May 22, 1970.

B. The aggregate amount of required parking space for each type of use shall be not less than the following:

C. For uses not mentioned, except a use requiring a special use permit, the requirement for off street parking for a use which is so mentioned and to which such use is similar shall apply but shall be not less than one parking space per five hundred (500) square feet of floor area. For uses requiring a special use permit, the requirements for off street parking shall be specified in connection with any special use permit which may be granted.

D. For mixed uses, that is a combination of the uses specified by this section, the total requirements for off street parking shall be the sum of the requirements for the various uses.

E. The determination of the type of use and the requirements for each use, or combination thereof, shall be an administrative function of the planning official, subject to the provisions of this section.

F. The planning commission may authorize the joint use of parking facilities under the following conditions:

1. Up to fifty percent (50%) of the parking facilities of a use considered to be primarily a daytime use may be used to satisfy the parking facilities required by this article for a use considered to be primarily a nighttime use.

2. A covenant as described in section 10-3-2734 of this chapter shall be recorded in the office of the county recorder, which covenant may include such reasonable conditions as the planning commission may impose.

G. Notwithstanding any other provisions regarding parking location and assignment of spaces set forth in this chapter, if an eating and bar facility requires more parking spaces than are provided on-site, the additional parking requirement may be satisfied through the use of off-site parking within seven hundred fifty feet (750') of the use site, provided that at a minimum the required parking spaces are secured through a lease that makes such parking spaces available from six o'clock (6:00 ) P.M. to ten o'clock (10:00) P.M. on weekdays and during operating hours of the eating and bar facility on the weekends. Additionally, on-site parking that is otherwise encumbered may be used to satisfy the required parking for a restaurant use as long as the required parking spaces are secured through a lease that makes such parking spaces available from six o'clock (6:00) P.M. to ten o'clock (10:00) P.M. on weekdays and during operating hours of the eating and bar facility on the weekends. (1962 Code § 10-743; amd. Ord. 1195, eff. 3-4-1965; Ord. 1256, eff. 11-1-1966; Ord. 1261, eff. 2-16-1967; Ord. 69-O-1371, eff. 1-15-1970; Ord. 70-O-1385, eff. 5-22-1970; Ord. 73-O-1473, eff. 7-19-1973; Ord. 73-O-1483, eff. 9-6-1973; Ord. 76-O-1601, eff. 4-15-1976; Ord. 84-O-1935, eff. 10-11-1984; Ord. 84-O-1937, eff. 11-1-1984; Ord. 89-O-2072, eff. 10-19-1989; Ord. 89-O-2082, eff. 12-7-1989; Ord. 92-O-2146, eff. 8-14-1992; Ord. 92-O-2149, eff. 9-11-1992; Ord. 93-O-2184, eff. 12-3-1993; Ord. 94-O-2205, eff. 8-5-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 95-O-2247, eff. 11-10-1995; Ord. 96-O-2264, eff. 8-16-1996; Ord. 96-O-2266, eff. 10-18-1996; Ord. 99-O-2333, eff. 10-15-1999; Ord. 05-O-2489, eff. 12-16-2005; Ord. 11-O-2602, eff. 2-11-2011; Ord. 11-O-2615, eff. 12-16-2011; Ord. 14-O-2661, eff. 6-20-2014; Ord. 19-O-2789, 10-22-2019; Ord. 19-O-2796, 12-10-2019; Ord. 20-O-2798, 1-9-2020; Ord. 20-O-2824, eff. 11-10-2020; Ord. 20-O-2826, eff. 11-17-2020; Ord. 20-O-2831, eff. 12-8-2020; Ord. 21-O-2846, eff. 11-12-2021; Ord. 21-O-2852, eff. 10-26-2021; Ord. 22-O-2864, eff. 10-21-2022; Ord. 24-O-2885, eff. 2-11-2024; Ord. 24-O-2894, eff. 6-7-2024)

A. Permits Required: As a condition precedent to the temporary storage of new automobiles in an off street parking facility required by the provisions of section 10-3-2730 of this chapter, a permit shall be obtained from the building and safety division by the owner of such facility, or his authorized agent, in accordance with the provisions of this section.

B. Term Of Permits: Any permit issued pursuant to the provisions of this section shall not exceed a period of three (3) months after the date of its issuance.

C. Renewal: If the renewal of any permit issued under this section is desired, the permittee shall, at least ten (10) days prior to the expiration date of the existing permit, submit an application for renewal and furnish therewith all the information required under this section for a new permit.

D. Transfer Of Permit: Permits issued under this section shall not be transferable.

E. Issuing Authority: The issuing authority shall be the city building official.

F. Applications; Form: The application form shall contain the following information:

1. The name and business address of the applicant;

2. The address of the off street parking facility within which it is desired to temporarily store new automobiles;

3. The number of off street parking spaces desired to be utilized for the temporary storage of new automobiles; and

4. Information showing that the requested spaces will not be required for normal use during the period of the permit applied for.

G. Investigation Fee: The filing of any original or renewal application referred to in this section shall be accompanied by a payment to the city of the sum of twenty five dollars ($25.00) as an investigation fee.

H. Requirements And Conditions: The permits issued pursuant to the provisions of this section shall be subject to the following requirements and conditions:

1. The new vehicles for which temporary storage is requested shall belong to a firm doing business in the city;

2. Any permit issued may be cancelled on seven (7) days' notice upon a finding by the city building official that the spaces are required for normal use;

3. Off street parking spaces used for temporary storage of new automobiles shall comply with all occupancy requirements of this code; and

4. Reasonable conditions may be imposed by the city building official in issuing the permit in order to protect the city and ensure that the intent of the off street parking requirements is carried out. (Ord. 1247, eff. 8-18-1966)

Areas in which motor vehicles or trailers are stored, parked, displayed, or worked upon, other than in one-family residential zones, shall in all respects be improved and maintained in accordance with the following minimum specifications:

A. Setbacks And Landscaping: Each such area shall maintain a setback of ten feet (10') from Wilshire Boulevard or five feet (5') from any other street. The area between the setback line and the public sidewalk or curb and a minimum of two percent (2%) of the internal area shall be developed in landscaping, including a water sprinkling system, as approved by the architectural commission.

B. Protective Devices: Each such area shall have erected and maintained between the setback and use areas an opaque wall or opaque hedge not less than four feet (4') nor more than six feet (6') in height, except that for areas where motor vehicles are displayed for sales purposes only, such wall or hedge need not exceed three feet (3') in height. Notwithstanding the above requirement, where such area is located on or adjacent to a residential zone, the wall height and material requirements of section 10-3-1953 of this chapter shall apply, however, such wall shall be three feet (3') high where located within the required front setback in any residential zone. When no hedge or wall is required along a property line of an area, an approved device shall be installed and maintained as a safeguard to abutting property and public rights of way. No wall or hedge required to be erected and maintained by the provisions of this subsection shall be constructed on either side of a driveway entrance opening onto a street or alley, which wall or hedge would impair a clear and unobstructed cross view of pedestrians on the sidewalk, alley, or lot by motorists about to leave or enter the lot.

C. Surfacing: Each such area shall be paved with asphaltic concrete not less than two inches (2") in thickness or Portland cement concrete not less than four inches (4") in thickness. Each such area shall be graded so as to provide adequate drainage.

D. Lighting: When such area is lighted, the lighting shall be so arranged as to be directed onto the parking area and to reflect away from the residential property.

E. Permits: Before any work is performed on such areas, all necessary permits shall be obtained from the city. Such permits shall include building, electrical, plumbing, sign, and curb cut permits and any applications for any other inspections or approvals which may be necessary in the development of the area.

F. Maintenance: Each such area, including landscaping and setbacks, shall be maintained in a good, clean condition, with grass and shrubbery properly trimmed and signs, walls, and structures properly painted. Periodic inspections to secure compliance shall be made by the building official.

G. Parking Spaces: The number of automobile parking spaces being maintained in connection with an existing building or structure on September 19, 1968, may be reduced, notwithstanding the requirements of section 10-3-2735 of this article, if such reduction results from the required compliance with the provisions of this section.

H. Existing Areas: Each such area lawfully existing and being maintained on November 3, 1967, containing space for more than five (5) automobiles, shall be regarded as nonconforming and shall be removed or rearranged so as to eliminate any conflict with the provisions of this section and to fully comply with all of the requirements of this section on or before October 1, 1970.

I. Approved Alternatives: Subject to the provisions of subsection A of this section, the provisions of this section are not intended to prevent the use of any material, planting, or method of construction not specifically prescribed by this section provided any such alternate has been approved by the building official.

The building official may approve any such alternate provided he finds the material, planting, method, or work offered is for the purpose intended and at least the equivalent of that prescribed in this section in quality, strength, effectiveness, and durability.

The building official may require that sufficient evidence or proof be submitted to substantiate any claim that may be made regarding its use.

J. Setback Exceptions: Notwithstanding the provisions of subsection A of this section, the setback for each parking area lawfully existing on November 3, 1967, may be modified by the architectural commission upon a finding that the imposition of any such setback, or a portion thereof, would result in a substantial diminution of parking space.

Any applicant or any interested party aggrieved by a decision of the architectural commission made pursuant to the provisions of this subsection may appeal to the council in accordance with the provisions of section 10-3-3011 of this chapter.

K. Minor Accommodation: Notwithstanding the provisions of subsection B of this section, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10') in height where parking lots and other motor vehicle use areas are adjacent to residentially zoned property, provided that the reviewing authority finds that the wall will not have a substantial adverse impact upon traffic safety, the scale and massing of the streetscape or garden quality of the city.

A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property. (Ord. 67-O-1285, eff. 11-2-1967; amd. Ord. 68-O-1320, eff. 9-19-1968; Ord. 69-O-1349, eff. 7-1-1969; Ord. 69-O-1357, eff. 10-16-1969, retroactive to 10-1-1969; Ord. 69-O-1367, eff. 1-1-1970; Ord. 71-O-1418, eff. 8-5-1971; Ord. 76-O-1615, eff. 8-19-1976; Ord. 88-O-2037, eff. 9-8-1988; Ord. 98-O-2293, eff. 4-17-1998)

After an art gallery or auction house has lawfully occupied a retail location in the city of Beverly Hills for at least thirty (30) days, then the gallery or auction house owner may hold auctions at that location without providing the parking required for a public assembly use if the following requirements are satisfied:

A. No more than fifteen (15) auctions shall be conducted within a one year period. For the purposes of this section, if an auction is conducted on more than two (2) calendar days, then, after the second day, each day on which the auction is conducted shall be considered a separate auction;

B. In lieu of the restrictions set forth in subsection A of this section, auction houses and art galleries located within the business triangle shall not conduct more than fifteen (15) auctions within a one year period at which fifty (50) or more attendees are present at any one time. For the purposes of this section, if an auction is conducted on more than two (2) calendar days, then, after the second day, each day on which the auction is conducted shall be considered a separate auction.

C. Free parking shall be provided to all persons who attend the auction;

D. If parking is provided at an off site location, the gallery or auction house owner shall post signage satisfactory to the director of transportation that directs vehicle drivers to the appropriate parking facility. Additionally, all invitations to the auction and all announcements or advertisements for the auction shall include the location of the off site parking and directions to the parking; and

E. At the discretion of the director of transportation, valet parking or shuttle service shall be provided free of charge to persons attending the auction if the director of transportation determines that valet parking or shuttle service is advisable to discourage auction patrons from parking on surrounding streets or circulating through such streets.

F. The auction shall be conducted by a state licensed auctioneer.

G. A parking and circulation plan satisfactory to the director of transportation shall be implemented if either the auction or the parking for the auction will be provided within one hundred seventy feet (170') of a residential zone. The plan may include, among other elements, provision of a parking attendant. (Ord. 96-O-2264, eff. 8-16-1996; amd. Ord. 01-O-2387, eff. 12-21-2001)

An "alternative parking facility", as defined in section 10-3-100 of this chapter, may be used to meet the parking requirements of section 10-3-2730 of this chapter provided the alternative parking facility and the use(s) for which it provides required parking do not include medical uses and are located in a commercial zone on property with a site area not exceeding sixteen thousand (16,000) square feet, and subject to the following:

A. Conditional Use Permit Required: A conditional use permit, issued pursuant to the provisions of article 38 of this chapter, shall be obtained prior to any alternative parking facility commencing provision of required parking spaces for any use.

B. Standards: All alternative parking facilities authorized by a conditional use permit shall comply with the following standards:

1. Except for required ingress and egress, all alternative parking facilities shall be fully enclosed. Alternative parking facilities located above grade shall be set back at least forty feet (40') from the front property line and portions of buildings that contain alternative parking facilities shall be subject to architectural review;

2. Staging and queuing of vehicles shall occur on private property within a reasonable distance from the alternative parking facility and shall not impede travel and access within the public right of way;

3. The alternative parking facility shall be operated by one or more parking attendants, as determined through the conditional use permit process, at all times during the hours of operation, so that it is valet operated to service the use needs of the commercial facility for which it provides required parking;

4. The design of the alternative parking facility shall meet all applicable California building codes, as approved by the community development department;

5. An alternative parking facility shall comply with all applicable development standards, including those set forth in article 16.5 of this chapter, and excluding the city's minimum parking standards if modifications to those standards are approved as part of the conditional use permit;

a. The reviewing authority may condition an alternative parking facility to modify standards relating to minimum parking stall size, minimum drive aisle width, and drive aisle parking spaces, provided the applicant demonstrates that the facility will accommodate a range of vehicle types and will not have an adverse impact on the efficiency of the parking operation or the safety of people or property.

C. Information Required For Application: Application submittals for an alternative parking facility conditional use permit shall include information that the director of community development deems to be necessary to determine whether the alternative parking facility can adequately meet the parking needs of the proposed development and determine that no substantial negative impacts will result from the facility. At a minimum, the following shall be provided as part of the conditional use permit application:

1. Site Plan: Submittal of a site plan prepared by a design professional indicating all structures; the alternative parking facility location; number of required parking stalls; site ingress and egress; proposed queuing location; and the identification of adjacent land uses;

2. Operations Plan: Submittal of an alternative parking facility operations plan describing the broadest range of operating hours allowed for the commercial use(s) to be served by the alternative parking facility; the number of parking attendants and working hours; methods for automobile storage and retrieval during and outside of regular business hours; vehicle drop off and pick up location(s) for customers; vehicle circulation path; location of staging area for vehicles waiting to enter the alternative parking facility. The operations plan shall also describe, with regard to the mechanical parking lifts and automobile elevators: maintenance schedules and additional parts inventory requirements to maintain optimal operations;

3. Technical Studies: Submittal of technical studies demonstrating that the proposed design and operation of the alternative parking facility will not be detrimental to surrounding uses and properties with regard to noise, visual impacts, area parking and circulation, and existing on site improvements;

4. Disabled Access Parking: Submittal of evidence that the parking provided will comply with all applicable disabled access requirements;

5. Backup Power: Prior to issuance of building permits, the applicant shall provide documentation that the alternative parking facility will be equipped with backup generators with sufficient capacity to allow operation of the parking system in the case of electrical failure. In an alternative parking facility with multiple automobile elevators, mechanical lifts, or both, each elevator and lift shall be individually operable such that mechanical failure of one would not prevent use of the others.

D. Findings: In addition to the findings outlined in article 38 of this chapter, a conditional use permit shall only be issued if the planning commission finds that:

1. The proposed location of the alternative parking facility will not be detrimental to adjacent property or to the public welfare;

2. Due to circumstances such as lot size, lot shape, lot location, or other existing conditions of the site, the applicant has demonstrated that an alternative parking facility is a reasonable method of providing code required parking;

3. The use of an alternative parking facility enhances the design of the proposed project and does not result in a substantial adverse impact to the character of the surrounding area;

4. The proposed alternative parking facility and operation thereof will not create any material adverse traffic or parking impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

E. Conditions Of Approval: The reviewing authority may impose any conditions that are necessary to address any potential adverse impacts resulting from the construction and use of an alternative parking facility to provide required parking, including, but not limited to:

1. Inspection Report: A maintenance inspection report and usage report for any alternative parking facility, prepared at the sole expense of the applicant, shall be submitted at any time upon request from the community development department and no less than every six (6) months for review by the city.

2. Service Contract: The owner of the alternative parking facility shall at all times maintain one of more contracts with an entity or entities that provides maintenance and twenty four (24) hour emergency service for all the aspects of the alternative parking facility, including, but not limited to, any automobile elevators and, mechanical parking lifts installed in the alternative parking facility.

3. Valet Drop Off: If valet drop off locations associated with a property utilizing an alternative parking facility are proposed on city streets, excluding alleys, there shall be valet drop off space to accommodate a minimum of three (3) vehicles.

4. Provision Of Luxury Service Or Product: Unless otherwise authorized by the reviewing authority, a conditional use permit for an alternative parking facility must be for a use providing a luxury service or product, such as, but not limited to, a restaurant whose chef or operator has operated or is operating a Michelin star rated restaurant, or a luxury brand retail establishment, as determined by the city council in its discretion.

5. Review: If granted a parking reduction pursuant to subsection B5 of this section, the project's parking shall be reviewed by either the city council or planning commission after six (6) months and one year of commencement of the use. If the reviewing body determines the reduced parking is insufficient, the applicant shall be required to make arrangements to provide sufficient parking either through the in lieu parking program, if available, providing additional covenanted parking spaces, or other means, as directed by the reviewing body.

F. Pilot Program: The conditional use permit for an alternative parking facility authorized by this section is a pilot program. The city council or planning commission may take action pursuant to this section on up to five (5) applications. Unless the city council extends this section, this section shall be repealed after one year of operational experience with each of the five (5) projects. (Ord. 16-O-2712, eff. 12-22-2016; Ord. 22-O-2858, eff. 3-18-2022)

Off street parking facilities which are being maintained on January 1, 1967, on the same regularly subdivided lot with, and in connection with the use of, any existing structure shall be maintained so long as such structure remains, unless equivalent facilities are provided on the same lot or covenanted in accordance with the provisions of sections 10-3-2733 and 10-3-2734 of this chapter. Nothing contained in this section shall require the maintenance of more parking facilities than would be required on January 1, 1967, for a new structure identical to such existing structure. Nothing contained in this section shall affect or limit the requirements of section 10-3-2728 or 10-3-2735 of this chapter. (1962 Code § 10-745; amd. Ord. 1261, eff. 2-16-1967)

Except as provided in this section, in all nonresidential zones, required parking shall be provided on site. However, the director of community development may, pursuant to the provisions of article 36 of this chapter, approve a minor accommodation permit for up to ten (10) spaces to be located off site within seven hundred fifty feet (750') of the use site if the director finds that the proposal would not have a significant, adverse effect on traffic and parking in the area. The planning commission may grant a conditional use permit authorizing off site parking in excess of ten (10) spaces within seven hundred fifty feet (750') of the use site.

Additionally, except for required entrances and exits, all parking structures in nonresidential zones shall be constructed so as to shield the automobiles from horizontal view in all directions and so as to comply with the noise abatement provisions of this code and shall be enclosed with solid walls when such parking structures are adjacent to a residentially zoned property or separated from such a property solely by a street or alley. (Ord. 11-O-2615, eff. 12-16-2011)

When parking is to be provided off the regularly subdivided lot on which the structure, or some portion thereof, is located, the owner or lessee of record of the development site shall furnish satisfactory evidence to the planning official that he owns or has available sufficient property to provide the minimum off street parking required by the provisions of section 10-3-2730 of this chapter. Whether parking is to be provided on property owned by the applicant or is in another ownership, there shall have been recorded in the office of the county recorder, prior to the issuance of any building permit, a covenant executed by the owners of such property for the benefit of the city, in a form approved by the city attorney, to the effect that the owners will continue to maintain such parking space so long as such structure or improvement exists. Such covenant shall also recite that the title to and right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the structure is to be erected and shall warrant that such lots are not and will not be made subject to any other covenant or contract for such use without the prior written consent of the city. In the event the owners of such structure should thereafter provide parking space equal in area within the same distance and under the same conditions as to ownership upon another lot than the premises made subservient in a prior such covenant, the city will, upon a written application therefor, accompanied by the filing of a similar covenant, release such original subservient premises from such prior covenant, and the owners shall furnish at their own expense such title reports or other evidence as the city may require to ensure compliance with the provisions of this section. (1962 Code § 10-747)

Off street automobile parking spaces required by this article shall be maintained so long as the structure or use for which they are provided exists unless an equivalent substitute number of such spaces is provided and thereafter maintained conforming to the requirements of section 10-3-203 or 10-3-2730 of this chapter. In no event shall parking facilities which are provided or maintained for a structure or use be considered as providing any of the required space for any other structure or use. (1962 Code § 10-748; amd. Ord. 01-O-2367, eff. 3-8-2001)

In the event off street parking facilities required to be provided under this code, or any prior provision thereof, in connection with any structure or use are at any time not maintained for automobile parking purposes to the extent required, the city building official shall revoke and cancel the certificate of occupancy theretofore issued for such structure after holding a hearing upon at least ten (10) days' written notice of the time, place, and purpose of the hearing having been mailed to the owner or other person occupying the same as shown on the records of the city clerk or the division of building and planning; provided, however, if it appears that the failure to maintain such required parking was reasonably beyond the control of the person required to maintain the same, no certificate of occupancy shall be revoked until such person shall have had at least ninety (90) days to reestablish the minimum required parking. In the event any certificate of occupancy is revoked, the premises covered thereby shall not be occupied or used for any purpose until a new certificate of occupancy has been issued. (1962 Code § 10-749)

Off street parking facilities required to be provided and maintained under this code may be used for the storage of civil defense supplies to the extent and in the manner approved in writing by each of the following: the director of civil defense, or his designee, the chief of the fire department, or his designee, the city attorney, or his designee, the city building official, or his designee, and the public works administrator, or his designee. Upon the cessation of such storage use, such facilities shall immediately revert to parking uses as otherwise required by this code, and any such written approval shall so provide. Such written approval, setting forth a description of the property and the name of the record owner, shall be recorded in the office of the county recorder. (Ord. 1174, eff. 6-20-1963)

Nothing contained in sections 10-3-2727 through 10-3-2739 of this article shall be deemed or construed to allow the use of property situated in a residential zone for any commercial or parking purpose, and it shall be unlawful for any person to use property in a residential zone for parking purposes except in connection with, or as an accessory use to, the use of such property for residential purposes or other permitted uses. (1962 Code § 10-750)

Required off street parking spaces may not be located between the front property line and the setback line established by this chapter. (1962 Code § 10-751)

(Ord. 89-O-2082, eff. 12-7-1989; amd. Ord. 05-O-2479, eff. 9-2-2005; Ord. 24-O-2894, eff. 6-7-2024)

The following definitions and technical specifications shall govern the interpretation of sections 10-3-2740 through 10-3-2744 of this article:

LOADING SPACE: An accessible off street space or berth on the same site as the building it serves, or within that building, for the exclusive use of the commercial loading or unloading of goods or materials from vehicles. "Accessible", for the purposes of this definition, shall mean clear vehicular access to the loading space unobstructed at all times except when the loading space is in use for loading or unloading.

MINIMUM LOADING SPACE STANDARDS: Any loading space required by sections 10-3-2740 through 10-3-2744 of this article shall be of sufficient size and shall provide adequate maneuvering area to accommodate, depending on the type of loading space required, a van, truck or semitractor trailer and shall, at a minimum, have the dimensions and provide the maneuvering distances set forth in the following table:

MINIMUM STANDARDS FOR LOADING SPACES

(1962 Code § 10-760; amd. Ord. 74-O-1501, eff. 2-1-1974; Ord. 96-O-2263, eff. 7-19-1996; Ord. 05-O-2488, eff. 12-8-2005)

A. Minimum Loading Space Requirement For Principally Permitted Land Uses: Each land use shall have a minimum associated "loading space" as defined in this article. When different uses are combined on a shared site, the largest loading space among the various uses on the site shall prevail as the minimum loading space for the site. Loading facilities shall be provided for all commercial buildings in accordance with the following requirements:

TABLE 10-3-2741.1

LOADING SPACE REQUIREMENTS BY LAND USE

B. Minimum Loading Space Requirement For Conditionally Permitted Land Uses: For any use that requires a conditional use permit, the minimum loading space requirement shall be established by the reviewing authority as a condition of approval of the use. As part of the conditional use permit application, each applicant shall submit a traffic circulation and loading study that fully analyzes the performance of the loading facilities for any proposed use.

C. Minimum Loading Facilities: Each commercial building in the city shall provide minimum loading facilities based on broad comparative land use types (table 10-3-2741.2) and building size ranges, that include one or more uses.

TABLE 10-3-2741.2

MINIMUM LOADING FACILITIES

D. Planning Commission Discretion: Nothing in this section shall limit the planning commission from modifying the size of any loading space required by this article or imposing additional loading space requirements as a condition of approval of any discretionary permit. (1962 Code § 10-761; amd. Ord. 74-O-1501, eff. 2-1-1974; Ord. 76-O-1596, eff. 2-19-1976; Ord. 96-O-2263, eff. 7-19-1996; Ord. 05-O-2488, eff. 12-8-2005)

A. Functional Aspects Of Required Loading Spaces: Notwithstanding the minimum standards set forth in sections 10-3-2740 and 10-3-2741 of this article, a project applicant shall establish by evidence satisfactory to the reviewing authority that any loading space proposed to satisfy the requirements of this article will function in a manner adequate to accommodate the loading vehicles expected to serve the project.

B. Location Of Loading Spaces: Where the site or structure abuts an alley, access to loading spaces shall be from the alley. Alley accessed loading spaces shall be parallel to the alley unless the project applicant establishes one of the following:

1. Site constraints preclude construction of a parallel loading space or spaces; or

2. The alternative loading space configuration proposed by the project applicant meets the functional requirements of this article.

Loading spaces shall be directly accessible for the distribution of goods within the structure or use. For multi-story structures such access shall be direct to an elevator or stairway serving all stories. In order to meet the functional requirements of this article, loading spaces shall have a minimum maneuvering area as specified in section 10-3-2740 of this article. Said maneuvering area shall be contiguous to the end of the loading space and may include the width of the alley or street. (1962 Code § 10-762; amd. Ord. 74-O-1501, eff. 2-1-1974; Ord. 05-O-2488, eff. 12-8-2005)

Loading spaces required or being maintained in connection with any existing structure on March 22, 1961, shall thereafter be maintained so long as such structure remains unless an equivalent number of such spaces is provided conforming to the requirements of section 10-3-203 of this chapter or section 10-3-2741 of this article. Nothing contained in this section shall require the maintenance of more loading spaces than would be required for a new structure. (1962 Code § 10-763; amd. Ord. 01-O-2367, eff. 3-8-2001)

Notwithstanding any other provision of this chapter, loading facilities for those two (2) lots east of Peck Drive which front on Wilshire Boulevard and those three (3) lots west of Peck Drive which front on Wilshire Boulevard may be located aboveground or belowground and may be accessed through the use of mechanical lifts if such loading facilities meet the following requirements:

A. All loading facilities shall be located on the above referenced lots and/or on adjacent lots located in an R-4 or R-4-P zone and being used for parking purposes. However, if such facilities are located in an R-4 or R-4-P zone, then the facilities shall be located at least fifty feet (50') away from any residential use.

B. All loading operations within an R-4 or R-4-P zone shall be permitted only within fully enclosed facilities.

C. All structures housing loading operations or access to loading facilities shall be designed to be compatible with nearby uses to the satisfaction of the planning commission, if planning commission review is otherwise required, and shall be designed to be architecturally compatible with the surrounding development to the satisfaction of the architectural commission.

D. All mechanical equipment and operations shall be designed and screened to minimize noise impacts on nearby properties to the satisfaction of the director of planning and community development.

E. If underground loading operations accessed by a mechanical lift are proposed as part of a planned development application or a development plan review application, then a loading operations plan shall be submitted in conjunction with that application. The loading operations plan shall, at a minimum, address the following issues:

1. Small deliveries and couriers;

2. Operation of doors, lifts and contingencies for mechanical failures of same;

3. Operational issues including frequency of deliveries, hours of deliveries, mode of deliveries, including the size of vehicles, types of goods delivered, access to all stories of the building, and trash collection; and

4. Noise levels from the mechanical equipment measured at the property line adjacent to a residential use in the R-4 zone.

F. Lift platforms shall have the following minimum dimensions:

• 1. Twenty five foot (25') length;
• 2. Twelve foot (12') width;
• 3. Fourteen foot (14') height clearance; and
• 4. Twenty five foot (25') contiguous maneuvering area. (Ord. 92-O-2145, eff. 8-7-1992)

A. Except as may be expressly provided in this chapter, the maximum floor area ratio on any site area shall not exceed 2.0. For the purposes of this section, "site area" shall include only those portions of the site which are in a nonresidential zone, including the C-5 zone.

B. Notwithstanding subsection A, the maximum floor area ratio on a site located within the Business Triangle, as defined in Section 10-3-2703, may be increased as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in Section 10-3-100, up to a depth of 70'-0" from the front property line, subject to approval of a Development Plan Review pursuant to Section 10-3-3100. The additional floor area for the conversion shall not exceed ten percent (10%) of the maximum allowable floor area for the site, regardless of the existing building square footage.

(Ord. 1179, eff. 1-2-1964; amd. Ord. 1197, eff. 3-18-1965; Ord. 1260, eff. 1-19-1967; Ord. 67-O-1279, eff. 8-10-1967; Ord. 69-O-1339, eff. 3-20-1969; Ord. 69-O-1341, eff. 5-15-1969; Ord. 73-O-1463, eff. 3-22-1973; Ord. 75-O-1566, eff. 4-17-1975; Ord. 94-O-2193, eff. 3-4-1994; Ord. 25-O-2910, eff. 3-8-2025)

(Rep. by Ord. 96-O-2266, eff. 10-18-1996)

If the maximum floor area ratio on any site area located in any commercial zone having frontage on Olympic Boulevard is eight- tenths (0.8) or less, the following criteria shall apply:

A. Notwithstanding section 10-3-2741 of this article, one "loading space", as defined in section 10-3-2740 of this article, shall be required for the first twenty thousand (20,000) square feet of gross floor area. Two (2) such loading spaces shall be required for structures having up to forty thousand (40,000) square feet of gross floor area. One additional such loading space shall be required for each 100,000 square feet, or portion thereof, in excess of forty thousand (40,000) square feet.

B. All other provisions of this code shall be met. (Ord. 82-O-1849, eff. 4-15-1982; amd. Ord. 86-O-1985, eff. 1-1-1987; Ord. 98-O-2300, eff. 6-19-1998)

A. Use Criteria: A mobile home may be used as a residence in any single-family (one-family) residential zone if it meets all of the following requirements:

1. The mobile home complies with all development standards applicable to single-family (one-family) residences, including, but not limited to, setbacks, paving, height, materials, width, parking, and accessory structures:

2. The mobile home is manufactured and certified under the national mobile home construction and safety standards act of 1974;

3. The mobile home is installed and structurally fixed to an approved permanent foundation and in accordance with installation instructions provided by the manufacturer. The exterior wall covering shall extend to the ground or to the top of the foundation; provided, however, any exposed portion of the foundation shall be treated so as to provide a finished appearance with material such as stucco, veneered brick, decorative block, or other finish approved by the building official;

4. Plans, including plot, elevations, exterior materials, photographs, and other documents and specifications needed to assure compliance with city and state codes, shall be submitted at the time of the application for the permits required by this code;

5. In addition to any other permits required by this code, the following permits shall be obtained:

a. A building permit for the foundation system and any attached accessory structure not included in the mobile home at the factory, such as a porch or steps;

b. A plumbing permit for the connection of gas, water, and sewer to the mobile home; and

c. An electrical permit for the connection of electrical power to the mobile home; and

6. Vehicle license plates, certificates of ownership, and certificates of registration shall be surrendered to the building and safety division for forwarding to the appropriate state agencies.

B. Prohibition: Nothing in this section shall be construed to allow a mobile home to be used as a residence in any multiple- family (one-family) residential zone such that there is more than one structure used as a residence on such lot.

C. Mobile Home Defined: For the purposes of this section, "mobile home" shall mean a "mobile home" as defined in section 18211 of the Health and Safety Code of the state. (Ord. 82-O-1852, eff. 6-17-1982)

A. Requirements: Satellite dish antennas shall be permitted only upon compliance with this subsection or upon approval pursuant to subsection D or E of this section. The director of building and safety shall issue a building permit for any satellite dish antenna that conforms to the following standards and criteria:

1. In residential zones, the antenna may not exceed a diameter of ten feet (10');

2. In single-family residential zones, no more than one antenna may be located on a site area;

3. In multiple-family residential zones, no more than one antenna may be located on any site area with less than ten (10) units, and no more than two (2) antennas may be located on any site area with ten (10) or more units;

4. In residential zones, the antenna shall not be installed in the front yard of the site area. Furthermore, in single-family residential zones, no antenna with a diameter that exceeds eighteen inches (18") shall be installed within thirty feet (30') of the front setback line;

5. In residential zones, the antenna shall not be installed in the site area's required side yard setbacks;

6. In residential zones, the maximum height of a roof mounted antenna and any antenna that overhangs a roof shall be twelve feet (12') above the adjacent roof surface. The maximum height for all other antennas shall be twelve feet (12'). In multi- family residential zones, if an antenna is mounted on a roof or overhangs a roof, then the antenna shall not intersect or otherwise project above a plane extending from the perimeter of the roof upward and toward the interior of the building at an angle of forty five degrees (45°) from the horizontal;

7. The antenna shall be a neutral color. For the purposes of this subsection A7, black and gray shall be considered to be neutral colors. Furthermore, the director of building and safety may determine that any color is neutral within the meaning of this subsection if such color blends with the surrounding dominant color, such color helps camouflage the satellite dish antenna, and such color is neither bright, reflective nor metallic;

8. The antenna shall be screened from view from the public streets or located on the site area in a manner to eliminate visibility from the public streets. Screening materials may consist of items such as walls, fences, buildings, mature plant materials, or earth berms. Notwithstanding the requirements of this subsection A8, screening shall not be required if such screening would block the incoming reception signals from the dish antenna;

9. No advertising in any form shall be permitted on any part of an antenna, except for a six inch (6") square displaying the manufacturer's or distributor's company name. The six inch (6") square area may not be on the concave side, nor on the upper fifty percent (50%) of the convex side;

10. In nonresidential zones, the antenna may not exceed a diameter of sixteen and one-half feet (161/2');

11. In nonresidential zones, the maximum height of the antenna as measured from grade, or if the antenna is not ground mounted, as measured from that portion of the antenna closest to grade, shall be fifteen feet (15'). If an antenna is mounted on a building and exceeds the height of the roof, then the antenna height shall not intersect or otherwise project above a plane projecting from the perimeter of the roof upward and toward the interior of the building at an angle of forty five degrees (45°) from the horizontal.

B. Application Requirements: The application for a building permit or satellite dish approval pursuant to this section shall include a dimensioned site plan depicting the proposed location, and the manufacturer's installation requirements and product specifications. The city building official may require any additional information that would assist in determining visual intrusion and structural safety.

C. Architectural Review: In all zones except single-family residential (R-1) zones, the architectural commission shall review any proposed satellite dish antenna to determine: whether the proposed color of the dish will blend with the dominant surrounding color or would otherwise be unobtrusive; whether the dish can be installed in a location which would minimize visual intrusion while maintaining practical operation; and whether the dish can be screened so that it is concealed from view from public streets.

If the proposed satellite dish antenna requires review under subsection D2 of this section, then such review shall be completed before architectural review is conducted pursuant to this subsection.

D. Proposed Antennas That Do Not Meet Requirements:

1. If a person desires to install in a single-family residential zone a satellite dish antenna that does not meet the applicable requirements contained in subsection A of this section, then that person may apply to the city for permission to install such antenna. The application shall be made and considered pursuant to the procedures set forth in article 24.5 of this chapter. The reviewing authority shall consider the following factors for the purpose of determining whether to approve the satellite dish antenna: a) whether the antenna will have a substantial adverse impact on the scale and massing of the streetscape, b) whether the antenna will have a substantial adverse impact on the neighbors' access to light and air or the neighbors' privacy, c) whether the antenna will have a substantial adverse impact on the garden quality of the city, and d) whether the variation from the requirements of subsection A of this section is necessary to provide the applicant with reasonable satellite signal reception. Application fees shall be established by resolution of the city council.

2. If a person desires to install in a multi-family or nonresidential zone a satellite dish antenna that does not meet the applicable requirements contained in subsection A of this section, or if a person desires to install more than one antenna in such a zone, then that person may apply to the city for permission to install such antenna. The application shall be made and considered pursuant to article 36 of this chapter. The reviewing authority shall consider the following factors for the purpose of determining whether to approve the satellite dish antenna: a) whether the antenna will have a substantial adverse impact on the scale and massing of the streetscape, b) whether the antenna will have a substantial adverse impact on the neighbors' access to light and air or the neighbors' privacy, c) whether the antenna will have a substantial adverse impact on the garden quality of the city, and d) whether the variation from the requirements of subsection A of this section is necessary to provide the applicant with reasonable satellite signal reception. Application fees shall be established by resolution of the city council.

E. Existing Satellite Dish Antenna: Any satellite dish antenna for which a building permit has been issued prior to the effective date of this section but which does not conform to this section shall, within three (3) years of the effective date of this section, be removed or brought into conformance with this section. During the interim period, said nonconforming satellite dish antenna shall be maintained in good repair and in a neat and clean condition. No structural alteration shall be made thereto, unless to preserve the safety of said antenna, or to bring the antenna into compliance with this section. Any owner of a nonconforming antenna located in any single-family residential zone may apply for review and approval by the single-family development review committee. Any owner of a nonconforming antenna located in any zone other than a single-family residential zone may apply for review and approval by the city planning official. (Ord. 90-O-2090, eff. 3-8-1990; amd. Ord. 91-O-2114, eff. 4-19-1991; Ord. 95-O-2239, eff. 7-7-1995; Ord. 96-O-2272, eff. 1-9-1997)

No person shall engage in the business of selling of goods from an outdoor cart except pursuant to a permit lawfully issued under the provisions of title 4, chapter 2, article 19 of this code. (Ord. 94-O-2220, eff. 12-23-1994)

Notwithstanding any other provision of this chapter, nothing in this chapter shall restrict the installation of public utility distribution facilities in a public right of way, nor shall a conditional use permit be required for such facilities located in a public right of way. In addition, the following regulations shall apply to the installation of public utilities on private property:

A. Residential And School Properties: Notwithstanding any other provision of this chapter, nothing in this chapter shall restrict the installation of public utility facilities on a residentially zoned site area or on site areas zoned for school uses, nor shall a conditional use permit be required for such facilities, provided that such facilities are used solely for the distribution of the utility and provided that such facilities are no more extensive than necessary to provide the public utility service to that site area. Furthermore, the public utility distribution facility shall serve no more than one site area unless alternate locations in the public right of way are unavailable.

B. Commercial Properties: Except for the provisions of this chapter requiring architectural review, nothing in this chapter shall restrict the installation of public utility facilities on a commercially zoned site area, nor shall a conditional use permit be required for such facilities provided that such facilities are not the primary use of the property and such facilities are used solely for the distribution of the utility. (Ord. 94-O-2212, eff. 9-9-1994; amd. Ord. 95-O-2239, eff. 7-7-1995)

Notwithstanding any other provision of this chapter, it shall be unlawful for any person to erect, construct, establish, alter, or enlarge, or cause to be erected, constructed, established, altered, or enlarged, any building, structure or improvement within ten feet (10') of the property line along either side of that public street known and designated as Robertson Boulevard or within five feet (5') of the property line along either side of Third Street.

Exceptions to this section shall include:

A. The portion of Third Street located in the C-5 or public service zone as otherwise provided in article 20 and article 20.3 of this chapter.

B. Properties that have dedicated at least ten feet (10') of property, measured perpendicular to the public right-of- way, along the public street known as Robertson Boulevard to the City for public sidewalk purposes.

C. Open air dining areas may be established on Robertson Boulevard within the required ten foot (10') setback pursuant to the regulations set forth in 10-3-3502. (1962 Code § 10-504; amd. Ord. 94-O-2193, eff. 3-4-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 19-O-2789, 10-22-2019)

It shall be unlawful for any person to erect, construct, establish, maintain, alter, or enlarge a building designed or used primarily for the purpose of restrooms within twenty five feet (25') of the property line along any public street or road, or within twenty feet (20') of Zones R-1, R-1.5, and R-4. Any such building shall be screened in such a manner that it cannot be seen from any adjoining residential zone property or from any street if the property fronting on such street and adjoining the lot upon which is situated the building is within either Zones R-1, R-1.5, or R-4. (1962 Code § 10-508; amd. Ord. 95-O-2239, eff. 7-7-1995)

In addition to any and all other provisions of this chapter, in Tract 4988 no outbuilding shall be placed in front of any principal building on the Hamilton Drive front of Lots 411, 412, and 413.

The main and principal entrance of principal buildings on Lots 411, 412, and 413 of Tract 4988 shall be from Hamilton Drive, and such principal entrance shall front on Hamilton Drive. (1962 Code § 10-528; amd. Ord. 95-O-2239, eff. 7-7-1995)

The main and principal entrance of principal buildings on Lots 106, 107, 108, 109, 174, 175, 176, 177, 242, 243, 244, 310, 311, 312, 395, 396, 397, 398, 471, 472, 473, 474, 539, 540, 541, 542, 607, 608, 609, and 610 of Tract 7710 shall front on Olympic Boulevard. (1962 Code § 10-529; amd. Ord. 95-O-2239, eff. 7-7-1995)

Any wall or fence constructed or any hedge planted or maintained in violation of this chapter is hereby declared to be a public nuisance and subject to abatement in accordance with law. (Ord. 95-O-2239, eff. 7-7-1995)

Except as otherwise provided in section 10-3-1604.5 of this chapter, medical offices shall not provide overnight accommodations. (Ord. 87-O-2013, eff. 1-14-1988; amd. Ord. 95-O-2239, eff. 7-7-1995; Ord. 02-O-2390, eff. 2-8-2002)