Clayton City Zoning Code
ARTICLE XIX
"C-1" Neighborhood Commercial District
Section 405.2840 Purpose Statement
[Ord. No. 5814 §1(21.1), 4-27-2004]
The "C-1" Neighborhood Commercial District (hereinafter known in this Article as the "C-1" District) is the most restrictive commercial district intended to provide a variety of goods and services within a pedestrian friendly commercial environment, compatible to adjacent residential areas, thereby maintaining the quality of life in established neighborhoods.
Section 405.2850 Permitted Uses
[Ord. No. 5814 §1(21.2), 4-27-2004]
A.
The uses permitted by right and by conditional use permit are listed in the Table of Permitted Uses found at the end of this Article. If a "P" (permitted by right) or a "C" (permitted by conditional use permit) is not indicated for a use in this table or a use is not included on the table, it is prohibited.
B.
For properties within the "C-1" Commercial District fronting on the north side of Maryland Avenue between Brentwood Boulevard and Forsyth Boulevard, all ground floor uses must be retail, personal care services, dry cleaning facilities, food and beverage service uses, consumer service offices (limited to financial institutions including banks, savings and loans and credit unions, real estate offices and travel agencies) or governmental offices. Additionally, such buildings and uses must incorporate street front windows creating interest at the street level. Furthermore, buildings should be sited in a manner so as to achieve a pedestrian friendly appearance and feel.
Section 405.2860 Maximum Building Height
[Ord. No. 5814 §1(21.3), 4-27-2004; Ord. No. 6022 §1(Att. B), 7-8-2008]
The maximum building height in the "C-1" District is three (3) stories, not to exceed thirty (35) feet above grade. Partial stories under sloping roofs shall be permitted provided the limit in feet is not exceeded. The maximum building height may be modified subject to the provisions and requirements of the planned unit development process outlined in Article X or the special development district process outlined in Article IX of this Chapter; except for those properties fronting on the north side of Maryland Avenue between Brentwood Boulevard and Forsyth Boulevard.
Section 405.2870 Stepback Requirements
[Ord. No. 5814 §1(21.4), 4-27-2004; Ord. No. 6022 §1(Att. B), 7-8-2008]
For buildings permitted to exceed the maximum height through the planned unit development or special development district procedures, a fifteen (15) foot stepback (upper story building setback) shall be provided beginning at the third (3rd) story level or thirty (30) feet above grade, whichever is less. However, the Plan Commission shall have the authority to require a different stepback(s) for buildings dependent upon building height, lot size and other relevant factors. Stepbacks shall be proportional to the amount of building height. The upper story stepback shall be provided along all building elevations with street frontage, excluding alleys.
Section 405.2880 Setback Requirements
[Ord. No. 5814 §1(21.5), 4-27-2004]
A.
The following are setback requirements for a principal building located in a "C-1" District and modifications to those requirements when certain conditions exist.
1.
Front yard setbacks. The required setback in a "C-1" Commercial District is to maintain the average of existing structures along the street frontage. No sales, display or storage of food products or commodities may take place in the front yard. The following uses are permitted under the following conditions:
a.
Restaurants may offer customer seating and food service only as authorized by the City Plan Commission and upon receipt or renewal of the annual outdoor dining permit.
b.
Where lots have double frontages or are corner lots, the required front yard setback provisions shall be provided on all streets.
c.
Pumps and pump islands for retail gasoline service stations may project or be located in the required front yard, provided they are at least fourteen (14) feet from any street line and at least fifty (50) feet from the boundary of a residential district.
d.
In the "C-1" Commercial District, surface parking lots and parking structures with parking at ground level are not permitted along the street frontage.
e.
Basements/cellars and parking facilities which are completely underground may encroach into the required front yard setback, but may not transverse the property line.
2.
Rear yard setbacks. The required rear yard setback in a "C-1" District is twenty-five (25) feet from the rear property line to the closest rear wall of the principal structure. However, where a rear property line abuts an alley, one-half (½) of the width of that alley may be considered part of the required rear yard setback. Modifications to the required rear yard setback are permitted under the following conditions:
a.
Open, uncovered porches, patios and above ground decks may project not more than twelve (12) feet into a required rear yard, provided the floor level of any such structure is at or below the level of the first (1st) floor of the building. Balconies may project into the required rear yard a maximum distance of five (5) feet.
b.
Where a corner lot exists and thereby two (2) front yards, the property line opposite to the front yard line with the greater street frontage shall be considered the side yard and the property line opposite to the front yard line with the lesser street frontage shall be considered the rear yard.
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c.
One (1) or more accessory buildings may be located in the rear yard. However, the combined footprint may not occupy more than thirty-five percent (35%) of the required rear yard area and no accessory building shall be closer than ten (10) feet to the principal building nor closer than five (5) feet to any rear property line. Additionally, accessory buildings may not exceed twenty (20) feet in height.
d.
Outside stairways, deck stairs, tower balconies and fire escapes may project up to four (4) feet into the required rear yard setback.
e.
Roof eaves may project no more than three (3) feet beyond the face of the wall.
f.
Windowsills, bay windows, belt courses and similar architectural features, as well as rain leaders and chimneys, may project no more than two (2) feet beyond the face of the wall.
g.
Basements/cellars and parking facilities which are completely underground may encroach into the required rear yard setback, but may not transverse the property line.
3.
Side yard setbacks.
a.
There are no minimum or maximum side yard setbacks for this district except where a side lot line abuts a residential dwelling district, a side yard of a least five (5) feet shall be provided.
b.
Basements/cellars and parking facilities that are completely underground may encroach into the required side yard setback, but may not transverse the property line.
Section 405.2890 General Non-Conformance With The Setback Provisions
[Ord. No. 5814 §1(21.6), 4-27-2004]
Those parts of existing building that violate yard regulations may be repaired and remodeled but not reconstructed or structurally altered.
Section 405.2900 Planned Unit Development
[Ord. No. 5814 §1(21.7), 4-27-2004; Ord. No. 6025 §1, 8-12-2008]
A.
A development proposal shall be eligible for consideration under the planned unit development option per the provisions of Article X when the development incorporates two (2) of the following four (4) categories of use:
B.
Limitation. No change, alteration, modification or waiver authorized by Article X shall authorize a change in the uses permitted in any district or a modification with respect to any zoning district standard made specifically applicable to planned unit developments, unless such district regulations expressly authorize such a change, alteration, modification or waiver.
Section 405.2910 Off-Street Parking and Loading Requirements
[Ord. No. 5814 §1(21.8), 4-27-2004]
Every principal commercial structure must provide off-street parking in accordance with Article XXV entitled Parking and Loading Requirements.
Section 405.2920 Resubdivision of Lots
[Ord. No. 5814 §1(21.9), 4-27-2004]
No existing lot of record within the "C-1" District shall be resubdivided unless the resubdivided lots conform to the area and frontage requirements of this zoning district and, in addition, be consistent with the lots located in the immediate neighborhood with regard to size, frontage and arrangement so as to provide an orderly pattern of development. No flag lot(s) shall be created as a result of any resubdivision.
Section 405.2930 Compliance With Other Plans or Regulations
[Ord. No. 5814 §1(21.10), 4-27-2004]
Any development proposed within the "C-1" Zoning District shall be reviewed for compliance with other plans and/or regulations of the City of Clayton. Compliance with other plans and/or regulations shall include, but not be limited to, the master plan, overlay district regulations, urban design district regulations, any other land use plan or relevant standards and guidelines to the specific site which have been accepted or adopted by the Board of Aldermen.
Section 405.2940 Permitted Uses For The "C-1" Commercial District
[Ord. No. 5814 §1(21.11), 4-27-2004; Ord. No. 6010 §3, 1-22-2008; Ord. No. 6159 §2, 9-13-2011; Ord. No. 6191 §4, 2-28-2012; Ord. No. 6333 §1, 8-26-2014; Ord. No. 6527, 3-13-2018]
PERMITTED USES FOR THE "C-1" ZONING DISTRICT | "C-1" |
|---|---|
Accessory uses and buildings incidental to permitted uses. | P |
Amateur radio, home antennas and associated equipment (subject to Article XXVI). | P |
Art gallery or studio. | P |
Bakeries limited to the processing of bakery goods for sale only on the premises and consumption off the premises. | P |
Banks, savings and loans, credit unions and other financial institutions. | P |
Commercial antennas (subject to Article XXVI). | P |
P | |
Medical or dental clinic. | P |
Messenger and telephone exchange building. | P |
Offices--Business or professional. | P |
Package liquor store. | C |
Parking lots and multi-level parking structures. | P |
Personal care services. | P |
Pharmacies. | P |
Places of religious worship. Places of religious worship may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | P |
Retail establishments. | P |
Academy (including dancing, painting, theater, karate and similar disciplines). | C |
Automobile agencies. | C |
Catering establishment. | C |
Church spires, belfries, monuments, ornamental towers and spires and chimneys exceeding the maximum height in the zoning district may be erected to such height authorized by the Board of Aldermen of the City by conditional use permit or general ordinance. | C |
Day care, nursery, pre-kindergarten, play and special schools and kindergarten. | C |
Facilities (subject to Article XXVII). | P |
Grocery stores. | C |
Public buildings erected or used by any department of the City, County, State or Federal Government. Public buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 110 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | C |
Restaurants, including carry-out, self-seating, full-service, and wine bars (subject to the cumulative numeric limitation on wine bars found in Section 600.035 of this Code of Ordinances), and prepared food dispensing uses. | C |
Solar energy systems, building-mounted (subject to the provisions of Article XXVIII). | P |
Solar energy systems, ground-mounted (subject to the provisions of Article XXVIII). | C |
Utility, utility station or substation. | C |
Veterinary Hospital/Clinic | C |
Wind energy systems, building-mounted (subject to the provisions of Article XXVIII). | C |
P = Permitted by right C = Permitted with conditional use permit Note: Uses not appearing in this table are prohibited. | |