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Saint Clair Shores City Zoning Code

ARTICLE XIX

GENERAL PROVISIONS

Sec. 48-547.- Conflicting regulations.

Whenever any provision of this ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provision of any other law or ordinance, then the provisions of this ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this ordinance, then the provisions of such ordinance shall govern.

(Comp. Ords. 1988, § 15.496(35.69); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-548. - Scope.

No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this ordinance.

(Comp. Ords. 1988, § 15.497(35.70); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-549. - Nonconforming lots, nonconforming uses of land, nonconforming structures, and repair nonconforming uses of structures and premises.

(1)

Intent. It is the intent of this ordinance to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.

It is recognized that there exists within the districts established by this ordinance and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments.

Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises or additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction provided that work shall be diligently carried on until completion of the building involved.

(2)

Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. This provision shall apply even though such lot fails to meet the requirement for the area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both of the lot shall conform to the regulations for the district in which lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be used or occupied which does not meet lot and width and area requirements established by this ordinance, nor shall any division of parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance; provided, however, that in cases of extreme hardship the Zoning Board of Appeal shall be permitted to waive the requirements herein.

(3)

Nonconforming uses of land. Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

(b)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.

(c)

If such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

(4)

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such structure may be enlarged or altered in a way which increases its nonconformity. For example, existing residences on lots of a width less than required herein may add a rear porch provided that other requirements relative to yard space and land coverage are met.

(b)

Should such structure be destroyed by any means to an extent of more than 60 percent of its replacement cost, exclusive of the foundation at the time of destruction; it shall not be reconstructed except in conformity with the provisions of this ordinance.

(c)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.

(5)

Nonconforming uses of structures and land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(b)

Any nonconforming use may be extended throughout any part of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

(c)

In any B or I District if no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification, provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals, may require appropriate conditions and safeguards in accord with a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restrictive classification.

(d)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(e)

When a nonconforming use of a structure, structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.

(f)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(6)

Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage of amendment of this ordinance shall not be increased.

(7)

Uses under exception provisions not nonconforming uses. Any use for which a special exception is permitted as provided in this ordinance shall not be deemed a nonconforming use.

(8)

Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.

(Comp. Ords. 1988, § 15.498(35.71); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-550. - Accessory buildings/structures.

Accessory buildings/structures, except as otherwise permitted in this ordinance, shall be subject to the following regulations:

(1)

If it is determined that an accessory building/structure is structurally attached to a main building in that it shares a common footing wall with the main building, the entire structure shall be subject to and must conform with all regulations of this ordinance applicable to the main building/structure.

(2)

Except as provided in subsection (3) of this section, one accessory building/structure shall be permitted per lot or per site regardless of whether the main building/use of the premises occupies more than one lot.

(3)

A second accessory building, commonly referred to as a "shed," shall be permitted, provided it does not exceed 144 square feet of floor space. An accessory building unit, pursuant to this section, may have a hip, gable, gambrel, flat or shed type roof. An accessory building erected pursuant to this section must comply with all other provisions of this ordinance.

(4)

An accessory building/structure shall not be erected in any required yard, except a rear yard.

(5)

In residential zones, an accessory building/structure shall not exceed one story or 15 feet in height measured from the established grade to the highest point of the roof ridge, and its walls shall not exceed nine feet in height. Additionally, an accessory building/structure shall not occupy more than 25 percent of a required rear yard, plus 40 percent of any nonrequired rear yard, provided that in no instance shall the accessory building/structure exceed 768 square feet unless the parcel exceeds 12,000 square feet lot size, then the accessory structure cannot exceed 1,024 square feet. Additionally, an accessory building over 144 square feet of floor footage shall have either a hip or a gable roof.

(6)

An accessory building/structure which is located six feet or less from the rear of any main building shall also be located at least four feet from any side lot line. An accessory building/structure located more than six feet from the rear of any main building must be located not less than two feet, six inches from any side or rear lot line. In no case shall the roof overhang by itself or in combination with an attached gutter project further than six inches into two-foot, six-inch side yard setback.

(7)

An accessory building/structure shall not be located within a dedicated easement/right-of-way.

(8)

Any accessory building/structure shall be used for storage only, and shall contain no living or residential type quarters. Further, no primary permitted activity in nonresidential zones other than storage shall be conducted in an accessory building/structure.

(9)

In non-residential zones, except CLD, Philanthropic, and Light Industrial Districts, no accessory building/structure shall exceed one story or 14 feet in absolute height.

(10)

When an accessory building/structure is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building/structure shall not project beyond the front yard line required on the lot in the rear of such corner lot. When an accessory building/structure is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, said building/structure shall not project beyond the side yard line of the lot in the rear of such corner lot.

(11)

With respect to residential riparian property, all marine-related structures such as boathouses, catwalks, docks, etc., shall be regulated under the Water Resources Ordinance [chapter 2, article III, division 4].

(12)

Exterior finish, permit, and foundation requirements.

a.

The following exterior finishes are allowed on an accessory structure:

1.

Siding comprised of vinyl, T1-11, painted wood, engineered wood, cement board, or other weatherproof material as submitted and approved by the community development department.

2.

Brick or stone but not concrete block (CMU).

3.

Galvanized, painted, or vinyl-coated metal.

4.

Prefabricated polyvinyl chloride (PVC) kits as submitted and approved by the community development department.

5.

High-density polyethylene resin.

i.

Resin accessory structures up to 24 square feet in area are allowed without a permit, shall have a weatherproof floor, and shall be placed on a monolithic concrete or asphalt surface that is approximately four inches thick.

ii.

Resin accessory structures larger than 24 square feet up to 144 square feet require a building permit, shall have a weatherproof floor, and shall be placed on a four-inch monolithic concrete or asphalt slab that extends a minimum of six inches past the shed walls on all sides.

iii.

Resin accessory structures over 144 square feet are subject to the guidelines in [subsection] (12)b.

b.

Accessory structures are subject to the following foundation guideline:

1.

Accessory structures less than 600 square feet, except as detailed in subsection 48-550(12)a.5.i, and ii., require a building permit and shall be erected on a concrete rat wall measuring a minimum of 24 inches below grade and four inches thick. A concrete floor shall also be provided under the structure, measuring at least four inches thick. The concrete rat wall and concrete floor shall be a monolithic pour.

2.

Accessory structures larger than 600 square feet require a building permit and shall be erected on a 42-inch footing as required by current building code.

(13)

Pools are not considered an accessory structure; however, their size will be considered in lot coverage calculations. The setback of a pool shall be no less than six feet from the side lot line and six feet from the rear lot line.

(Comp. Ords. 1988, § 15.499(35.72); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; further amend. eff. June 8, 2001; amend. eff. Apr. 24, 2007; amend. eff. Apr. 22, 2009; ord. eff. Dec. 29, 2010; Ord. No. O-2021-13, § 15.499, 11-15-2021; Ord. No. O-2025-005, June 2, 2025)

Sec. 48-551. - Off-street parking requirements.

There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces, in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy as hereinafter prescribed:

(1)

Off-street parking for other than residential use shall be either on the same lot or within 300 feet of building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. For all lots or parcels intended to be used for off-street parking in accordance with the standards set forth in this ordinance, the applicant shall either:

(a)

Provide proof of ownership of all such lots or parcels; or

(b)

Provide proof of a deed restriction or other similar recorded agreement that allows for continued use of the lots or parcels for parking for as long as the business continues in operation, unless suitable parking in accordance with ordinance standards is secured elsewhere. The terms of any such deed restriction or agreement shall not be affected by change in ownership of the lots or parcels. (amended April 25, 2012)

(2)

Residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage or combination thereof and shall be located on the premises they are intended to serve and subject to the provisions of section 48-550, Accessory Buildings, of this ordinance.

(3)

Recreational vehicle storage shall be permitted subject to the following conditions:

(a)

The open parking or storage of travel trailers, motor homes, boats or similar recreational vehicles not owned by a resident of the City on lands not specifically designated for such parking and storage shall be permitted for a period of up to 24 hours. However, no more than one such recreational vehicle not owned by a resident may be parked in the rear yard of a single-family lot for a period of up to two weeks.

(b)

Residents of the City may store their own recreation vehicles and recreation equipment on their own property for an indefinite period of time, provided the vehicles are in operable condition and can meet all other provisions of this section. For residents whose recreational vehicles cannot meet the setback and/or lot coverage requirements, their recreational vehicle may be stored up to 48 hours prior to a planned trip, for loading purposes, and 48 hours upon return from the same trip, for the purpose of unloading the recreational vehicle. In no event shall such recreational vehicle or equipment be stored more than 96 hours in a seven-day period. (amended April 25, 2012)

(c)

Recreational vehicles shall be set back at least four feet from any side lot line if the vehicles are located closer than six feet to the main building on the site. If the vehicles are located more than six feet from the main building, then the recreational vehicles shall be set back at least two feet, six inches from any side or rear lot line. The area occupied by a stored recreational vehicle shall be included in the computations to determine compliance with maximum lot coverage standards, as set forth in article XVIII, Schedule of Regulations.

(d)

A recreation vehicle or equipment parked or stored on a lot within the City shall not be connected to water, sanitary facilities, or electrical service, and shall not be occupied.

(4)

Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere.

(5)

Off-street parking existing at the effective date of this ordinance, in connection with the operation of an existing building or use shall not be reduced to an amount less than thereinafter required for a similar new building or new use.

(6)

Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

(7)

In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the Board of Appeals may grant an exception.

(8)

The minimum number of off-street parking spaces required for any use shall be available to those persons being served during all hours of operation. It shall be unlawful to reduce the number and/or effective use of required off-street parking spaces through any actions such as: outdoor storage, display or rental fees with the exception of seasonal outdoor seating.

(9)

The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited.

(10)

For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accordance with a use which the Planning Commission considers is similar in type.

(11)

When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

(12)

The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:

Land UseNumber of Minimum Parking Spaces Per Unit of Measure
RESIDENTIAL
Residential one-family and two-family Two for each dwelling unit to be provided within two years of the occupancy permit.
Residential multiple-family 2.25 for each dwelling unit.
Housing for the elderly Two for each two-bedroom dwelling unit, plus one for each one-bedroom unit, plus one for each employee.
Mobile homes In accordance with Public Act No. 419 of 1976 (MCL 125.2301 et seq.), as amended, and the mobile home commission rules.
INSTITUTIONAL
Churches or temples One for each three seats or six feet of pews in the main unit of worship.
Hospitals One for every two beds, plus one space for each five outpatients, plus one for each on the largest working shift. Bassinets shall not be counted as beds for the purpose of computing parking.
Convalescent homes One space per six patient beds, plus one space per employee on the largest working shift, plus one space per staff member and one space per visiting doctor.
Elementary and junior high schools One for each one teacher, employee, or administrator, in addition to the requirements of the auditorium.
Senior high schools One for each one teacher, employee, or administrator, and one for each ten students, in addition to the requirements of the auditorium.
Private clubs or lodge halls One for each two persons allowed within the maximum occupancy load as established by local, county, or state, fire, building and health codes.
Private golf clubs, social clubs, recreation clubs, or other similar uses One for each two member families or individuals.
Public utility facilities, such as communications buildings, electrical substations, cellular communication towers, and similar uses One for each employee based on the maximum number of employees on duty at any one time. The storage of vehicles is prohibited.
Golf courses open to the general public, except miniature or "Par 3" courses Six for each one golf hole and one for each one employee.
Fraternity or sorority One per two active members, or one per resident, whichever is greater, plus required spaces for related uses.
Theaters and auditoriums One parking space for each four seats.
Stadiums, sports arena, or similar place of outdoor assembly One for each three seats, or six feet of benches.
BUSINESS AND COMMERCIAL
Planned commercial or shopping center located in any "B" District Eight spaces per 1,000 sq. ft. of gross leasable area for the first 15,000 sq. ft.; 5½ for each 1,000 sq. ft. of gross leasable area for 15,001 to 400,000 sq. ft.; 4½ per 1,000 sq. ft. of gross leasable area for 400,001 sq. ft. and greater. Additional parking shall not be required for seasonal outdoor seating areas.
Retail stores except as otherwise specified herein One per 200 sq. ft. of gross floor area with a minimum of four spaces.
Adult entertainment uses One per patron based on the occupancy load as established by local, county, state, fire, building, or health codes, whichever is greater, plus one per employee on the largest working shift.
Auto laundries, automatic One for each two employees, plus reservoir parking space equal to 30 spaces for the first car wash lane and 20 spaces for each additional lane.
Auto laundries, self-service Four stacking spaces for each washing stall, plus two drying spaces for each washing stall.
Beauty parlors, barbershops, nail salons, day spas, body art, and similar uses One per 215 square feet of 50% of gross floor area with a minimum of four spaces.
Child day care centers, nursery schools, schools or special education, and schools for the mentally impaired One for each teacher, administrator, or other employee, plus one for each company vehicle, plus one for each six licensed students, plus one for each co-op aide and volunteer employee, plus spaces required for any auditorium or theater. In addition, two drop-off spaces shall be provided per six licensed students. Drop-off spaces shall not [be] separated from the entrance by a traffic lane.
Drive-through restaurants One for each employee on the largest shift, plus sufficient area for eight stacking spaces for the first drive-in window and six stacking spaces for each additional window, plus whatever customer service space is provided.
Repealed eff. April 9, 2009
Repealed eff. April 9, 2009
Fast-food restaurant service over a counter or at a cafeteria line One per 75 sq. ft. of 50% of gross floor area. Additional parking shall not be required for seasonal outdoor seating areas.
Food take-out One per 200 sq. ft. of gross area, plus one per employee on largest working shift.
Full-service restaurant, patrons seated and served One per 55 sq. ft. of 50% of gross floor area. Additional parking shall not be required for seasonal outdoor seating areas.
Furniture and appliance sales, household equipment repair shops showrooms of a plumber, building contractor, interior designer, florist, electrician or similar trade shoe repair shop, or similar use One per 500 sq. ft. of gross floor area.
Automotive service station Two for each lubrication stall, rack, or pit, plus one for each fuel dispenser, required spaces shall not include a stall, rack or pit.
Auto and/or boat repair center One for each employee and two for each service and/or repair bay, excluding the service bay area as a space.
Auto gas/convenience market facility One space for each 150 sq. ft. of building gross floor area, plus one space per gasoline pump.
Lumber yards, retail One per 175 sq. ft. of gross indoor floor space, plus one per 1,500 sq. ft. of gross outdoor storage area, plus one for each company vehicle.
Laundromats and coin operated dry cleaners One for each two machines.
Miniature or "Par 3" golf courses Three for each one hole, plus one for each one employee.
Mortuary establishment One per 125 sq. ft. of gross floor area.
Motel, hotel, or other lodging establishment commercial One for each occupancy unit, plus one for each employee, plus such spaces as are required for restaurants, bars, taverns, assembly rooms, and affiliated facilities.
Motor vehicle sales, and service establishment One for each 250 sq. ft. of gross floor area, plus one for every 500 square feet of gross outside sales area, plus one per service stall.
Auto rental/leasing One per lease/rental vehicle, plus one per service bay, plus office requirements.
Open air businesses including plant nurseries One per 500 sq. ft. of gross land area being used for display, plus one for each 175 sq. ft. of gross floor area of total interior space.
Sale or lease of motorhomes and/or boats One for each 1,600 sq. ft. of vehicle display area, plus one for each 250 sq. ft. of gross floor area, plus one per service stall, plus office requirements.
Supermarkets One for every 200 sq. ft. of gross floor area or fraction thereof.
Taxi terminals One for each employee on the largest working shift, plus one per taxi.
Truck rental establishments One per 1,000 sq. ft. of site area, plus one for each employee on the largest working shift.
Ambulance service and rescue squad One per emergency and company vehicle, plus one space per employee.
Video rental stores One per employee, plus one per 150 sq. ft. of gross floor area.
OFFICES
Banks and other financial institutions with drive-in windows One for each 250 sq. ft. of gross floor area, plus eight stacking spaces for the first drive-in window and six stacking spaces for each additional window.
Business offices or professional offices except as indicated in the following item One per 215 sq. ft. of gross floor area with a minimum of four spaces.
Professional offices of doctors, dentists, and similar professions One per 215 square feet of 50% of gross floor area with a minimum of four spaces.
INDUSTRIAL
Industrial or research establishments One for every 300 sq. ft. of gross floor area.
Warehouse and storage establishments One for every 1,700 sq. ft. of gross floor area.
Self-service storage facility One per every ten storage units, equally distributed throughout the site, plus one per 215 sq. ft. of gross floor area for the office, plus two for the resident manager.
Contractor yard for landscaping, snow removal, concrete, and other similar business uses One per company vehicle, plus one per tractor, trailer or similar item, plus office requirements.
Canine day care and/or boarding facility One per 450 square feet
COMMERCIAL RECREATION
Bowling alleys Seven for each one bowling lane, plus accessory uses.
Archery, golf, skating rink, billiard hall, arcade, and dance hall One for each two persons allowed within the maximum occupancy load as established by local, county, or state, fire, building or health codes.
Repealed eff. April 9, 2009
Tennis clubs and court type recreation uses Two per person permitted based on the capacity of the courts, plus such additional spaces as may be required for affiliated uses, such as bars, restaurants, or assembly space, plus one per employee on the largest working shift.
Golf driving range (indoor and outdoor) Two per tee, plus one per employee, plus spaces required for accessory uses.
Marina One space for each boat berthed, stored and/or each boat available for rent during wet storage season. In boat launching areas, adequate space shall also be provided for all boat trailers. A portion of the parking lot may be used for the storage of boats during the dry storage season; provided, however, that in no instance shall the number of parking spaces be less than three-quarters space for each boat stored (in and out or stacked storage) at the marina. There shall be provided two spaces for each boatwell owned by private individuals. In additions, each marina shall provide, and maintain at all times, a clear and unobstructed fire lane between the adjacent public road and the water.
DOWNTOWN DEVELOPMENT AUTHORITY
DDA/9 Mack There shall be no minimum number of off-street parking spaces by type of use within the land area bound by Nine Mile to the North and Cavalier and Nine Mack Drive to the East, West, and South.

 

(13)

For all establishments or uses not specifically mentioned herein, the Director of Community Development and Inspection (or other person authorized by the City to perform the function of a Planning Director in accordance with the terms of this ordinance) shall determine the appropriate number of required off-street parking spaces. Such determination shall be based upon the type of business/establishment or use, the number of employees, the existence of affiliated uses, including, but not limited to, bars, restaurants and assembly space, and the number of anticipated users and employees in the largest working shift, as well as any other factors reasonably related to public health, safety and welfare.

(Comp. Ords. 1988, § 15.500(35.73); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; further amend. eff. Oct. 3, 2000; amend. eff. June 16, 2008; amend. eff. Apr. 9, 2009; amend. eff. Apr. 25, 2012; Ord. No. O-2021-10, § 15.500, 9-20-2021; Ord. No. O-2025-001, 2-18-2025)

Sec. 48-552. - Off-street parking space layout, standards, construction and maintenance.

Whenever the off-street parking requirements in section 48-551 above require the building of an off-street parking facility, or where P-1 Vehicular Parking Districts (article XVI) are provided, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

(1)

No parking lot shall be constructed unless and until a permit therefore is issued by the Community Development and Inspection Department. Applications for a permit shall be submitted to the Community Development and Inspection Department in such form as may be determined by the City of St. Clair Shores and shall be accompanied with two sets of plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.

(2)

Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements:

Parking pattern by degrees 0 30 to 53 54 to 74 75 to 90
Maneuvering lane width 12 ft. 12 ft. 15 ft. 20 ft.
Parking space width 8 ft. 8 ft. 6 in. 8 ft. 6 in. 9 ft.
Parking space length 23 ft. 20 ft. 20 ft. 20 ft.
Total width of one tier of spaces plus maneuvering lane 20 ft. 32 ft. 36 ft. 6 in. 40 ft.

 

(3)

All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.

(4)

Adequate ingress and egress to a parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than single family residential use shall not be across land zoned for single family residential unless no other option exists.

(5)

All maneuvering lane widths shall permit one-way traffic movement, except that the 90-degree pattern may permit two-way movement.

(6)

Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 20 feet distant from adjacent property located in any single-family residential district.

(7)

The off-street parking area shall be provided with a continuous and obscuring wall or fence not less than six feet in height measured from the surface of the parking area. This wall shall be provided on all sides where the next zoning district is designated as a residential district.

(8)

When a front yard setback is required, all land between said wall or fence and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.

(9)

The entire parking area, including parking spaces and maneuvering lanes, required under this section, shall be provided with asphaltic or concrete surfacing in accordance with specifications approved by the City Engineer. The parking area shall be surfaced within six months of the date the permit is issued, unless weather or other uncontrollable conditions prohibit such improvements.

(10)

Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings.

(11)

All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.

(12)

In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than ten feet from such alley line in order to permit a wider means of access to the parking area.

(13)

The minimum number of off-street parking spaces shall be provided and maintained for the proposed use. The number of off-street parking spaces shall not exceed one hundred fifty percent of the minimum requirement. Motorcycle parking that is provided and clearly identified for such use may be counted as part of the total number of parking spaces required for a nonresidential use or building. However, this credit shall not exceed twenty-five spaces or five percent of the total parking required, whichever is less.

(Comp. Ords. 1988, § 15.501(35.74); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; Ord. No. O-2021-10, § 15.501, 9-20-2021; Ord. No. O-2025-001, 2-18-2025)

Sec. 48-553. - Off-street loading and unloading.

The Planning Commission may require, for structures or uses, involving the receipt or distribution of materials, merchandise, or vehicles, an off-street loading and unloading space, in accordance with the following regulations:

(1)

Location. Permitted and required loading berths in the O-1, B-1, B-2, or B-3 district shall be located in the rear yard. Loading berths in the LI district shall be located in either the side or rear yard. All required loading berths shall be located on the same parcel as the use served. Loading and unloading facilities shall not be so located as to interfere with ingress or egress, off-street parking, or public use of a dedicated right-of-way.

(2)

Size. Any required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(3)

Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(Comp. Ords. 1988, § 15.502(35.75); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-554. - Plant material on city property and rights-of-way.

Whenever in this ordinance a greenbelt or planting is required, it shall be planted within six months from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials to provide a screen to abutting properties. Suitable materials equal in characteristics to the plant materials listed with the spacing as required shall be provided.

(1)

Plant material spacing.

(a)

Plant materials shall not be placed closer than four feet from the fence line or property line.

(b)

Where plant materials are planted in two or more rows, plantings shall be staggered in row.

(c)

Evergreen trees shall be planted not more than 30 feet on centers.

(d)

Narrow evergreens shall be planted not more than three feet on centers.

(e)

Deciduous trees shall be planted not more than 30 feet on centers.

(f)

Tree-like shrubs shall be planted not more than ten feet on centers.

(g)

Large deciduous shrubs shall be planted not more than four feet on centers.

(2)

Allowable species.

(a)

The Community Development and Inspection Department maintains a list of allowable species for planting on city property and within rights-of-way. The Community Development and Inspection Department shall be consulted and must approve all plantings.

(3)

Prohibited species.

(a)

Trees not permitted include, but are not necessarily limited to, Box Elder, Silver Maple, Cottonwood, Willow, Tree of Heaven, Catalpa, and Ash. Other species may not be permitted based on disease, heartiness, and diversity of species. The Community Development and Inspection Department shall be consulted and must approve all plantings.

(Comp. Ords. 1988, § 15.503(35.76); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; amend eff. May 20, 2009)

Sec. 48-555. - Signs.

All signs shall conform to applicable codes and ordinances of the City of St. Clair Shores, including the St. Clair Shores Sign, Lighting and Display Ordinance [chapter 30].

(Comp. Ords. 1988, § 15.504(35.77); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-556. - Exterior lighting.

All lighting for parking areas or for the external illumination of buildings or grounds or for the illumination of signs shall be directed away from and shall be shielded from adjacent residential districts and shall also be arranged as to not adversely affect driver visibility on adjacent thoroughfare.

(Comp. Ords. 1988, § 15.505(35.78); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-557. - Residential entrance way.

In R Districts, so called entranceway structures, including, but not limited to, walls, columns, and gates, marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in section 48-558, Corner Clearance, provided that such entranceway structures shall comply to all codes and ordinances of the City of St. Clair Shores, be approved by the Building Inspector and a permit issued.

(Comp. Ords. 1988, § 15.506(35.79); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-558. - Corner clearance.

No fence, wall, shrubbery, sign, or obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection.

(Comp. Ords. 1988, § 15.507(35.80); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Sec. 48-559. - Walls.

(1)

For those use districts and uses listed below there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall as required below, except as otherwise provided:

UseHeight of Wall or Fence from Finished Grade Along Abutting Residential Lot
(a) P-1 Vehicular Parking District 6′ to 0″
(b) Off-street parking area (other than P-1 Districts) 6′ to 0″
(c) O-1, B-1, B-2, B-3, and L-I Districts 6′ to 0″
(d) LI Districts open storage areas, loading or unloading areas, service areas 6′ to 0″
(e) Hospital ambulance and delivery area 6′ to 0″
(f) Utility buildings, stations and/or substations 6′ to 0″
(g) RM-1 and RM-2 Districts (6) 4′ to 6′

 

(2)

Required walls shall be six feet in height and constructed of brick, stone, monolithic (poured in place) concrete or precast construction, and shall provide for sufficient footings and otherwise comply with the building code requirements of the City of St. Clair Shores. Monolithic, poured-in-place concrete, and precast concrete walls must be stamped with a brick pattern. Walls shall be located on the lot line except where underground utilities interfere and except in instances where this ordinance requires conformance with front yard setback lines in abutting residential districts. Required walls may, upon approval of the Planning Commission and Council, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be of a major consideration in reviewing such requests.

(3)

Such walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this ordinance and except such openings as may be approved by the Planning Commission and Council.

(4)

Upon written consent of the owners and/or residents of adjacent residential property, the Zoning Board of Appeals may waive the wall requirements. It shall be the responsibility of the developer or owner of the nonresidential property to secure said written consent.

(5)

When an RM-1 and/or RM-2 District abuts a single-family residential district, a weather-resistant wood or vinyl privacy fence is required in lieu of a concrete wall. The fence shall be placed on the property line, be no less than four feet but no more than six feet tall from established grade, and the exposed structural members (bad side) shall face the applicant's property.

In consideration of requests to waive wall requirements between nonresidential and residential districts, the Zoning Board of Appeals may, after considering any recommendations from the Planning Commission, determine whether the residential district is considered to be an area in transition and may become nonresidential in the future.

In such cases as the Planning Commission determines the residential district to be a future nonresidential area, the Zoning Board of Appeals may temporarily waive wall requirements for an initial period not to exceed 12 months. Granting of subsequent waivers shall be permitted, provided that the Planning Commission shall make a determination as hereinbefore described, for each subsequent waiver prior to the granting of such waiver by the Zoning Board of Appeals.

(6)

Upon the written application of owners contiguous to a proposed wall the Council may direct that such wall be of other than the required monolithic concrete or precast construction.

(7)

All nonrequired walls shall be subject to Planning Commission determination and City Council approval with regard to height, material, type of construction, and location.

(Comp. Ords. 1988, § 15.508(35.81); chap. 35 eff. Mar. 7, 1986; amended by ord. eff. Aug. 20, 1996; further amend. eff. Apr. 9, 2009)

Sec. 48-560. - Site plan review (All districts).

(1)

Intent. These site plan review procedures and standards are instituted to provide consistent and uniform method of site plan review by the Planning Commission and the Community Development and Inspection Department, to ensure full compliance with the standards contained in this ordinance and other applicable local ordinances and state and federal laws, and to provide an opportunity for consultation and cooperation between the applicant, the Community Development and Inspection Department, the Planning Commission and the City Council. Furthermore, it is the intent of these procedures and standards to achieve maximum utilization of land with minimum adverse effects on adjoining areas.

(2)

Applicability. Submission of a site plan shall be required in conjunction with any of the following:

(a)

Any use or development for which submission of a site plan is required by provisions of this ordinance.

(b)

Any development, except single-family residential, for which off-street parking is required under the provisions set forth in section 48-551, Off-Street Parking Requirements.

(c)

Any use in an R-M, B-1, B-2, B-3, O-1, WM, or LI District lying contiguous to, or across a street from, a single-family residential district.

(d)

Any use, except single-family residential, which lies contiguous to a major thoroughfare.

(e)

All nonresidential uses permitted in single-family residential districts, including churches, schools, and public facilities.

(f)

Any change in use that could affect compliance with the standards set forth in this ordinance.

(g)

Submission of a separate site plan shall not be required if a site plan has been submitted in accordance with the provisions set forth in section 48-561 (Special Land Uses) or section 48-514 (One-Family Cluster Housing Option).

(3)

Procedures and requirements. The site plan must be submitted in compliance with the following procedures and requirements:

(a)

Applicant. The owner of an interest in land for which site plan approval is sought, or the designated agent of the owner, shall file the application for site plan review with the Planning Department. The owner of the site, if different from the applicant, shall co-sign the application for site plan review.

(b)

Issuance of a building permit. A building permit shall not be issued until the submitted site plan is approved in accordance with the procedures and standards set forth herein.

(c)

Application forms and documentation. The application for site plan approval shall be made on such forms as shall be prescribed by the City Council and provided by the Planning Department. The application shall be accompanied by the necessary fees and documents as provided herein.

(d)

Submission to planning department. The application for site plan approval plus six copies of the site plan shall be submitted to the Planning Department in accordance with the application data requirements set forth in section 48-560. The City Planner shall set a date within 30 days of receiving the completed application for review of the site plan by the Planning Commission. The City Planner shall prepare a report on whether the site plan meets all applicable requirements of this ordinance, and whether additional requirements are necessary based on the standards set forth in this ordinance. The City Planner shall forward the report to the Planning Commission together with the application materials.

(e)

Planning Commission consideration. The Planning Commission shall review the application for site plan review, together with the report of the City Planner. The Planning Commission shall then pass a resolution setting forth its findings based on the requirements and standards of this ordinance, and shall recommend to the City Council approval, approval with conditions, or disapproval, with its reasons.

(f)

Applicant representation. The applicant and/or a designated representative who is qualified to answer all questions about the site plan as it relates to zoning ordinance standards shall be present at all scheduled review meetings. Failure to have qualified representation will result in tabling of any action or consideration of the plan.

(g)

City Council review and determination. The City Council shall review the application for site plan review, together with the City Planner's report and the Planning Commission's recommendations, and shall make a final determination on the application for site design approval. Such determination shall be based solely on the requirements and standards of this ordinance. By resolution, the City Council shall either grant approval with conditions, or disapproval of the site plan. That resolution shall set forth the City Council's findings regarding pertinent standards and requirements.

If the site plan is approved by the City Council, the applicant may submit the written approval to the Community Planning Department in order to obtain a building permit. If site plan approval is denied, the City Council may by resolution require submission of a revised site plan for review and approval in accordance with the process outlined above. If in the judgment of the City Council, the site plan can be approved if minor modifications are made, the City Council may, by resolution, issue a conditional site plan approval and provide for submission of a revised site plan to the City Planner, who shall determine whether all appropriate modifications have been made in accordance with the City Council stipulations.

If in the judgment of the City Council, the site plan can be approved if a variance or waiver of applicable provisions of this ordinance be granted, then the City Council may, by resolution, issue conditional site plan approval pending a decision by the Board of Zoning Appeals as to the propriety of issuance of such variance or waiver. In this case, the applicant shall proceed according to article XXIII, Board of Zoning Appeals. Should the Board of Zoning Appeals thereafter grant the requested variance or waiver, then the applicant may submit the written approval of the City Council and Board of Zoning Appeals to the Community Planning Department in order to obtain a building permit. The site plan shall be considered to have received final approval. However, should the Board of Zoning Appeals deny the requested variance or waiver, then site plan approval shall be considered to have been denied. An appeal of the decision of the Board of Zoning Appeals shall be made to the circuit court only.

(h)

Recording of Planning Commission and City Council action. Each action taken with reference to a site plan review and approval shall be duly recorded in the minutes of the Planning Commission and City Council. The grounds for action taken shall also be recorded in the minutes and transmitted in writing to the applicant.

(i)

Completion and maintenance of site design. Upon final approval of the site plan by the City Council, a building permit may be obtained, subject to review and approval of the engineering and construction plans. It shall be the responsibility of the applicant to obtain all other applicable City, county, or state permits prior to issuance of a permit. If construction has not commenced within one year of site plan approval, the site plan approval becomes null and void and a new application for site plan review shall be required. The applicant may apply to the Planning Commission for a one year extension of the site plan approval.

It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain his property in accordance with the approved site plan on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site approval was obtained. Any property owner who fails to so maintain an approved site plan shall be deemed in violation of the use provisions of this ordinance and shall be subject to the same penalties appropriate to such use violation.

(4)

Application data requirements. The following data shall be included with and as part of the site plan submitted for review and approval:

a.

Site plan description and data.

(i)

Site plan shall consist of overall plan for the entire development, drawn to an engineer's scale of not less than one inch equals 100 feet. Sheet size shall be at least 24 inches by 36 inches.

(ii)

Written project description, including proposed use, buildings and site improvements.

(iii)

Scale and north point.

(iv)

Legal description.

(v)

Submitted drawings must be professional and accurate.

b.

Site analysis.

(i)

Survey of existing lot lines, building lines, structures, parking areas, and other improvements on site and within 100 feet of the site.

(ii)

All existing easements.

(iii)

Existing roadways and driveways within 100 feet of site.

(iv)

Existing sidewalks and nonmotorized pathways.

c.

Site plan.

(i)

Proposed lines, lot dimensions, property lines, and setback dimensions.

(ii)

Structures and other improvements.

(iii)

Proposed easements.

(iv)

Location of exterior lighting.

(v)

Location of trash receptacles.

d.

Access and circulation plan.

(i)

Dimensions, curve radii, and centerlines of existing and proposed access points, roads and road rights-of-way or access easements.

(ii)

Dimensions of parking spaces.

(iii)

Location of existing and proposed sidewalks/pathways within the site or right-of-way.

(iv)

Opposing driveways and intersections within 125 feet of site.

e.

Landscape plan.

(i)

Location of existing and proposed lawns and landscape areas.

(ii)

A landscaping plan signed and sealed by landscape architect shall be required for new construction.

f.

Building structure and details.

(i)

Location, height, and outside dimensions of all existing and proposed buildings or structures.

(ii)

Building floor plans.

(iii)

Building facade elevations drawn at an appropriate scale.

(iv)

Description of exterior building materials and colors.

g.

Lighting plan.

(i)

Lighting plan must be submitted for city review.

(ii)

Lighting details.

(iii)

Theme lighting requirements. See City Planner for examples and specifications.

(5)

Standards for site plan approval. The Planning Commission shall recommend approval and the City Council shall approve a site plan only if the site plan meets all applicable standards set forth in this ordinance, and only upon finding that the site design will not, on the basis of facts known at the time of a submission of the site plan, have an unduly harmful impact on surrounding property owners or on the City as a whole. The Planning Commission or City Council may, as a basis for making such findings, require whatever site plan modifications it deems necessary, including the provision of additional site design amenities not specifically required by this ordinance. In addition, the Planning Commission and City Council shall use the following criteria in evaluating a site plan:

(a)

Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.

(b)

Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. The site shall be so developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this ordinance.

(c)

Preservation of natural areas. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal.

(d)

Privacy. The site design shall provide reasonable visual and sound privacy for dwelling units located therein and adjacent thereto. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants.

(e)

Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practicable means to all sides.

(f)

Ingress and egress. Every structure or dwelling unit shall be provided with adequate and safe means of ingress and egress via public streets and walkways.

(g)

Pedestrian circulation. The site plan shall provide a pedestrian circulation system which is insulated as completely as is reasonably possible from the vehicular circulation system.

(h)

Vehicular and pedestrian circulation layout. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. The width of streets and drives shall be appropriate for the volume of traffic they will carry.

In order to achieve adequate and safe traffic circulation, the Planning Commission may recommend and the City Council may require dedication of a public right-of-way through the site, prior to site plan approval. The Planning Commission may also recommend and the City Council may require that marginal access drives by constructed to serve adjacent buildings, parking areas, and loading areas, and thereby reduce the number of outlets onto major thoroughfares or roads. If such marginal access drive is required, the City Council may require deposit of a performance guarantee with the City Clerk to ensure completion of the drive.

(i)

Drainage. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for the construction of sewer facilities including grading, gutters, piping, and the treatment of turf to handle stormwater, prevent erosion and the information of dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in paved areas.

(j)

Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets.

(k)

Public services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished or may be required of the City, including fire and police protection, stormwater removal, sanitary sewage removal and treatment, traffic control, and administrative services.

(l)

Landscaping, fences, and walls. The site plan shall provide landscaping consistent with the quality and character of landscaping on nearby properties. Visually unattractive structures shall be screened with either landscaping, fences, or walls. The Planning Commission may require additional landscaping, fences, or walls in accordance with the standards and intent of this ordinance.

(m)

Exterior building treatment. The exterior building materials and treatment shall be of finished quality, consistent with the quality of exterior treatment on surrounding buildings. Examples of finished quality exterior materials include brick, wood siding, and glass. Examples of materials not considered "finished quality" in commercial, office, and residential districts include cement block and cinder block.

(n)

Waste storage. Trash areas and receptacles must be adequately and opaquely screened on all four sides.

(o)

Mechanical equipment. All mechanical equipment shall be adequately and opaquely screened from public view.

(Comp. Ords. 1988, § 15.509; chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; further amend. eff. April 9, 2009)

Sec. 48-561. - Special land uses.

(1)

Intent. These special land use procedures and standards are instituted to provide consistent and uniform guidelines for the Planning Commission to follow in arriving at any special land use decision over which it has jurisdiction. Special land uses are uses that may be permitted in any district but only if certain specified conditions are met, and only after review by the Planning Commission and approval by the City Council. The review procedures and conditions for approval are intended to provide protection for adjacent uses and ensure full compliance with the standards contained herein and other applicable local ordinances and state and federal laws.

(2)

Procedures and requirements. The following procedures and requirements shall be complied with in the review and approval of special land uses:

(a)

Applicant. The owner of an interest in land for which special land use approval is sought, or the designated agent of the owner, shall file the application for special land use approval with the Planning Department.

(b)

Issuance of building permit. A building permit shall not be issued until the submitted special land use site plan is approved by the City Council in accordance with the procedures and standards set forth herein.

(c)

Application forms and documentation. The application for special land use approval shall be made on such forms as shall be prescribed by the City Council and provided by the Community Development and Inspection Department. The application shall be accompanied by the necessary fees and documents as provided herein.

(d)

Review fees. Fees for special land use review shall be established by resolution of the City Council and set forth in the City's fee schedule.

(e)

Submission to the Community Development and Inspection Department. The application for special land use, plus six copies of a site plan, shall be submitted to the Community Development and Inspection Department in accordance with the submission requirements for site plan review as stated in section 48-560. Whenever possible, the City Planner shall set date within 30 days of the receipt of the completed application for review of the site plan by the Planning Commission. The City Planner shall prepare a report on whether the special land use request meets all applicable requirements of this ordinance, and whether additional requirements are necessary. The City Planner shall forward the report to the Planning Commission together with the application materials.

(f)

Notice of and request for hearing. Upon receipt of an application for a special land use which requires a decision on discretionary grounds, one notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the City and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall be given not less than five and not more than 15 days before the application will be considered. The notice shall:

(i)

Describe the nature of the special land use.

(ii)

Indicate the property which is the subject of the special land use.

(iii)

State when and where the special land use request will be considered.

(iv)

Indicate when and where written comments will be received concerning the request.

(v)

Indicate that a public hearing on the special land use request may be requested by the property owner or the occupant of a structure located within 300 feet of the boundary the property being considered for a special use. In any case, at the initiative of the body or official responsible for approving special land use or upon the request of the applicant for special land use authorization, or a proper owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special land use, a public hearing with notification required for a notice of a request for special land use approval as provided in subsection (2)(f) of this section shall be held before a decision on the special land use request which is based on discretionary grounds. If the applicant or the body, or official responsible for approving special land uses requests a public hearing, only notification of the public hearing need be made. A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use approval, or notification of a public hearing on a special land use request given as required by this section.

(g)

Planning Commission consideration. The Planning Commission shall review the application for special land use, together with the report of the City Planner. The Planning Commission shall then pass a resolution setting forth its findings based on the requirements and standards of this ordinance. The Planning Commission shall recommend to the City Council approval, approval with conditions, or denial of the request, with its reasons.

(h)

City Council review and determination. The City Council shall review the application for special land use, together with the City Planner's report and the Planning Commission's recommendations, and shall make a final determination on the application. Such determinations shall be based solely on the requirements and standards of this ordinance. By resolution, the City Council shall either grant approval, approval with conditions, or denial of the request for special land use as follows:

(i)

Approval. Upon determination of the City Council that a special approval request is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, approval shall be granted.

(ii)

Approval with conditions. The City Council may impose reasonable conditions with the approval of a special land use. The conditions may include provisions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

1.

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

3.

Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

The conditions imposed shall be recorded in the record of approved action, and shall remain unchanged except upon mutual consent of the City Council and the landowner.

(iii)

Denial. Upon determination of the City Council that a special land use request does not comply with standards and regulations set forth in this ordinance, or otherwise will be injurious to the public health, safety, welfare, and orderly development of the City, the special land use request shall be denied.

(i)

Recording of Planning Commission and City Council action. Each action taken with reference to special land use review, along with the grounds for such action and any conditions imposed, shall be duly recorded in the minutes of the Planning Commission and/or City Council. The grounds for the action taken shall also be recorded in the minutes and transmitted in writing to the applicant.

(j)

Completion of site design. Following approval of a special land use request, a building permit may be obtained subject to review and approval of the engineering plans by the City Engineer and review of construction plans by the Community Planning Department. It shall be the responsibility of the applicant to obtain all other applicable City, County, or State permits prior to issuance of a building permit. If construction has not commenced within one year of approval, the special land use approval becomes null and void and a new application for special land use review shall be required. Construction must be completed within two years of approval, unless a longer time period is requested by the applicant at the time the special land use request is reviewed. The applicant may apply to the City Council for a one-year extension for approval.

(k)

Maintenance of site. It shall be the responsibility of the owner of a property for which special land use approval has been granted to maintain his property in accordance with the approved site design on a continuing basis until the property is razed, or new zoning regulations supersede the regulations upon which approval was based, or until a new special land use approval has been obtained. Any property owner who fails to so maintain a special land use as approved shall be deemed in violation of the use provisions of this ordinance and shall be subject to the same penalties appropriate to such use violation.

(3)

Application data requirements. The applicant and data requirements for special land use approval shall be the same as set forth in section 48-560 for site plan review, plus such other data as may be required by the Planning Commission, City Planner, or City Council to make the determination required herein.

(4)

Standards for granting special land use approval. The City Council shall approve special land uses upon determination that the proposed use will comply with all applicable requirements of the ordinance, including site plan review regulations in section 48-560,] applicable standards for specific uses, and the following general standards.

(a)

Impact on surrounding development. The proposed special land use shall not negatively affect surrounding developments through the placement of exterior functions and physical elements. In determining whether this requirement has been met, consideration shall be given to:

(i)

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

(ii)

The location and screening or outdoor storage, outdoor activity or work area, and mechanical equipment in relation to surrounding development.

(iii)

The hours of operation of the proposed use. Approval of a special land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

(iv)

The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

(b)

Compatibility with master plan. The proposed special land use shall be compatible with and in accordance with the general principles and objectives of the St. Clair Shores Comprehensive Plan and shall promote the intent and purpose of this ordinance.

(c)

Public services. The proposed special land use shall be located so as to be adequately served by essential public facilities and services, such as highways, streets, police and fire protection, drainage systems, water and sewage facilities, and schools.

(d)

Impact on traffic. The location of the proposed special land use within the zoning district shall minimize the impact of the traffic generated by the proposed use on surrounding uses. In determining whether this requirement has been met, consideration shall be given to:

(i)

Proximity and access to major thoroughfares.

(ii)

Estimated traffic generated by the proposed use.

(iii)

Proximity and relation to intersections.

(iv)

Adequacy of sight distances.

(v)

Location of and access to off-street parking.

(vi)

Required vehicular turning movements.

(vii)

Provision for pedestrian traffic.

(e)

Detrimental effects. The proposed special land use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be so located or designed as to be detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare and light.

(f)

Enhancement of surrounding environment. The proposed special land use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:

(i)

The provision of landscaping and other site amenities. Provision of additional landscaping over and above the requirements of this ordinance may be required as a condition of approval of a special land use.

(ii)

The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.

(g)

Isolation of existing land use. The location of the proposed special land use shall not result in a small residential area being substantially surrounded by nonresidential development, and further, the location of the proposed special land use shall not result in a small nonresidential area being substantially surrounded by incompatible uses.

(Comp. Ords. 1988, § 15.510(35.83))

Sec. 48-562. - Home occupations or businesses.

All home occupations or businesses shall be subject to the following requirements:

1.

A home occupation or business must be clearly incidental to the principal use of the dwelling unit for dwelling purposes. All activities shall be carried on within the enclosed residential structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of the home occupation or business.

2.

A home occupation or business shall not change the residential character of the premises or surrounding residential area, either in terms of use or appearance.

3.

A home occupation or business shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation or business.

4.

Only a resident of the dwelling shall be engaged or employed in the home occupation or business.

5.

There shall be no vehicular traffic permitted for the home occupation or business, other than domestic trips and routine deliveries normally expected for a single dwelling in a residential area.

6.

The home occupation or business shall not require, or result in, any exterior alterations to the dwelling or the property upon which the dwelling is located.

7.

No material or mechanical or electrical equipment may be utilized except that which is necessarily, customarily, and ordinarily used for household or leisure purposes.

8.

Direct sales of products to individuals on the premises of a home occupation or business shall be permitted if such occurrence does not violate any other sections of this ordinance and with the exception of garage sales. Garage sales shall abide by the provisions set forth in section 19.156 [30-6] Residential District Signs.

9.

No storage or display of goods within the dwelling unit shall be visible from the outside of the dwelling unit.

10.

The home occupation or business shall not require additional off-street parking spaces or loading/unloading areas.

Home based occupations or businesses shall not require a permit.

(Comp. Ords. 1988, § 15.516; ord. eff. June 13, 2018)