For the purpose of this Ordinance, the City of St. Clair is hereby divided into the following districts:

4.2.1.

Identified. The zoning districts as provided in Section 4.1 are bounded and defined as shown on the map entitled "Zoning District Map of the City of St. Clair." The Zoning District Map, along with all notations, references, and other explanatory information, shall accompany and be made a part of this Ordinance.

4.2.2.

Authority. Regardless of the existence of purported copies of the Zoning District Map which may be published, a true and current copy of the Zoning District Map available for public inspection shall be located in and maintained by the office of the Clerk. The Clerk's copy shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building, or structure in the City.

4.2.3.

Interpretation of District Boundaries. Where uncertainty exists with respect to the boundaries of any of the districts indicated on the Zoning District Map, the following rules shall apply:

A.

A boundary indicated as approximately following the centerline of a highway, alley, or easement shall be construed as following such centerline.

B.

A boundary indicated approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

C.

A boundary indicated as approximately following a municipal boundary line of a city, village, or township shall be construed as following such line.

D.

A boundary indicated as following a railroad line shall be construed as being located midway in the right-of-way.

E.

A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in the shoreline shall be construed as following the shoreline existing at the time the interpretation is made.

F.

The boundary indicated as following the centerline of a stream or river, canal, lake or other body of water shall be construed as following such centerline.

G.

A boundary indicated as parallel to, or an extension of, features in paragraphs (A) through (F) preceding shall be so construed.

H.

A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

I.

Where a physical or cultural feature existing on the ground is at variance with that shown on the Official Zoning Map or any other circumstances not covered by (A) through (H) preceding, the Board of Appeals shall interpret the location of the zoning district boundary.

J.

Where a district boundary line divides a lot which is in single ownership at the time of adoption of this Ordinance, the Board of Appeals may permit an extension of the regulations for either portion of the lot to the nearest lot line, but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare and shall be uniform for each class of land, buildings, structure, or uses throughout each district. Wherever the requirements of this Ordinance are at variance with the requirements of any other adopted rules or regulations, ordinances, deed restrictions, or covenants, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner:

4.3.1.

No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this Ordinance.

A.

Permitted Uses. Uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts or are similar to such listed uses. All other uses are prohibited.

B.

Accessory Uses and Buildings. Accessory uses are permitted only if such uses are clearly incidental to the permitted principal uses.

C.

Special Approval Uses. Special approval uses are permitted as listed or if similar to the listed special uses.

4.3.2.

No building shall hereafter be erected or altered except by appeal as herein described by this Ordinance, to:

A.

Exceed the height limit specified for the district in which such building is located.

B.

Occupy a greater percentage of lot area than is specified for the district in which such building is located.

C.

Intrude upon the required front, rear, or side yards, as specified for the district in which such building is located.

D.

Accommodate or house a greater number of families than is specified for the district in which such building is located.

E.

Provide less living space per dwelling unit than is specified for the district in which such building is located.

4.3.3.

No lot area shall be so reduced or diminished that yards and other open spaces shall be smaller than specified, nor shall the density of population be increased in any manner except in conformity with the area regulations, nor shall the area of any lot be reduced below the minimum requirements herein established for the district in which such lot is located.

4.3.4.

No part of a yard or other open space required for any building for the purposes of compliance with the provisions of this Ordinance shall be included as a part of a yard or other open space similarly required for another building.

4.3.5.

Every building erected, altered, or moved shall be located on a lot of record as defined herein, and except in the case of approved multiple dwelling, commercial, and industrial developments, there shall be no more than (1) principal building and its permitted accessory structures located on each lot in any district.

4.3.6.

Whenever any street, alley or other public way shall have been vacated by official governmental action and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, alley, or public right-of-way shall automatically and without further governmental action thenceforth acquire and be subjected to the same zoning regulations as are applicable to lands to which same shall attach, and the same shall be used for the same use as is permitted under this Ordinance for such adjoining lands.

The intent and purpose of each district is set forth as follows:

4.4.1.

Single-Family Residential District, R-1 and R-1A. The intent here is to provide districts in which the main use is single-family residential, plus its normal accessory and compatible supportive uses. A reasonable range of lot sizes is envisioned which will provide a choice of desirable and economically feasible development opportunities for all members of the general public. Certain other private and public uses are permitted but subject to conditions which will insure their compatibility with the main use and character of these districts.

4.4.2.

Two-Family Residential District, R-2. The intent here is to provide a district in which the main uses include both single-family and two-family residential development, plus normal accessory and compatible supportive uses.

4.4.3.

Multiple-Family Residential, R-3. The R-3 multiple-family residential district is designated to provide sites for multiple-family dwelling structures and related uses which will generally serve as zones of transition between non-residential districts and lower density single-family districts. Also, the R-3 district is further provided to serve the limited needs for the apartment type of unit in an otherwise low density single-family community. Due to its buffering characteristic between residential and non-residential uses, the R-3 district is intended to provide a residential area which is low rise in character, yet providing greater density by allowing increased building coverage in the most intense single-family residential district.

4.4.4.

Mobile Home Park District, MHP. The intent here is to provide districts of such size and location as will encourage good mobile home residential development, adjacent to essential community services, and otherwise protecting the health, safety and welfare of mobile home residents. In addition to the requirements of this Ordinance, all mobile home parks shall comply with the Mobile Home Commission Act (PA 419 of 1976) and the current Mobile Home Code adopted by the Michigan Mobile Home Commission.

4.4.5.

Planned Unit Development District, PUD. See Article 8.

4.4.6.

Mixed Use, MD. It is the intent of the MD district to preserve residential uses, while at the same time, allowing a mixture of business uses which will improve property values and the local economy. The MD district is designed to permit certain business and residential uses as a matter of right, while allowing certain public service uses that are compatible with surrounding neighborhoods to be considered as special approval uses.

4.4.7.

Office Service, OS. The intent here is to provide for research, service, and office uses in a planned development. When located in this district, such uses are to be developed in a manner which will complement neighboring land uses and the community, while at the same time providing for the necessary non-manufacturing uses such as corporate office, service, and research facilities.

4.4.8.

Local Commercial, C-1. The intent here is to provide a district for commercial, office, and business uses which are located in the central part of the City and neighborhood areas. When located in this district, such uses are prevented from encroaching into other districts where they would be deemed incompatible. The proper development of the uses permitted in this district under special approval are subject to conditions which are designed to promote homogenous and desirable patterns of usage.

4.4.9.

General Commercial, C-2. The intent here is to provide a district in which the community's overall commercial and business facilities can be centralized to most efficiently and effectively serve the general community and adjacent areas. Other uses are permitted which are generally compatible with the character and requirements of these commercial and business uses. These regulations are designed to reduce possible conflicts with adjacent land uses and to provide conditions which encourage proper development within the district.

4.4.10.

Light Industrial, M-1. The intent here is to provide the resources and services available and essential to good industrial development, while also guarding against the encroachment of these uses into districts where they would be considered incompatible.

4.4.11.

Heavy Industrial, M-2. The intent here is to provide a district whose location will permit heavy manufacturing types of use to best utilize essential public and private facilities and utilities.

4.4.12.

Parks, Recreation and Public Facilities, PRPF. The district is designed to reserve needed and desirable lands for governmental and other public uses.

4.5.1.

R-1 and R-1A—Single-Family Residential Districts.

Permitted Uses:

1.

Single-family detached dwellings.

2.

Publicly-owned parks and recreation facilities.

3.

Agriculture, including general farming, truck gardening, fruit orchards, and the customary farm buildings, except slaughterhouses subject to the provisions of 5.30.

4.

Accessory uses subject to the provisions of Section 5.2.

5.

Home occupations subject to the provisions of Section 5.25.

6.

Leased rooms by a resident family to non-transient roomers when the total number of roomers does not exceed two (2) in any one (1) dwelling.

7.

Adult foster care homes for six (6) or fewer residents.

Special Uses:

1.

Churches subject to the following provisions:

a.

A minimum lot area of one (1) acre and lot width of one hundred fifty (150) feet shall be required.

b.

For every foot of height by which the building, exclusive of a spire, exceeds the maximum height limitations of the district, an additional foot of front, side, and rear yard setbacks shall be provided.

c.

The lot shall be located on a major thoroughfare, minor thoroughfare, or collector street.

2.

Public and private educational institutions.

3.

Municipal buildings, facilities, and utility buildings.

4.

Private non-commercial recreation.

5.

Hospitals, subject to the following:

a.

A minimum lot size of ten (10) acres shall be required.

b.

The lot shall be located on either a major or minor thoroughfare.

c.

Minimum setbacks for any building shall be one hundred (100) feet from any property line.

d.

Connection to a municipal sewer system or approved sewage treatment system shall be provided.

6.

Golf courses and country clubs occupying a minimum site of fifty (50) acres.

7.

Family and group day care homes, provided the following conditions are met:

a.

Licensing. In accordance with applicable state laws, all child day care homes shall be registered with or licensed by the State of Michigan, and shall comply with the standards outlined for such facilities.

b.

Outdoor play area. There shall be sufficient outdoor play area to meet state regulations in the rear yard area of the day care home premises.

c.

Pick-up and drop-off. Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of in a manner that allows maneuvers without affecting traffic flow on the public street.

d.

Separation Requirements. New family or group day care homes shall be located a minimum of one thousand five hundred (1,500) feet from another family or group day care home, as measured between the nearest points on the property lines of the lots in question. The planning commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood, or the city overall.

8.

Funeral homes.

4.5.2.

R-2—Two-Family Residential District.

Permitted Uses:

1.

All permitted uses in the R-1 and R-1A Districts.

2.

Two-family dwellings.

3.

Accessory uses subject to the provisions of Section 5.2.

4.

Home occupation subject to the provisions of Section 5.25.

5.

Adult foster care homes for six (6) or fewer residents.

Special Uses:

1.

All special uses permitted in the R-1 and R-1A Districts.

2.

Rooming houses.

3.

Boarding houses.

4.

Public and private educational institutions.

5.

Convalescent and retirement homes subject to the following provisions:

a.

A minimum lot area equal to two thousand (2,000) square feet per bed, but in no case less than five (5) acres.

b.

The lot shall be located on either a major or minor thoroughfare.

c.

Minimum setbacks for any building shall be one hundred (100) feet from any property line.

d.

Connection to a municipal sewer system.

6.

Child care centers, day care centers, group day care home.

7.

Bed & Breakfast uses subject to the provisions of Section of 5.26.

4.5.3.

R-3—Multiple-Family Residential.

Permitted Uses:

1.

Two-family dwellings.

2.

Multiple dwellings of three (3) units or more.

3.

Accessory uses subject to the provisions of Section 5.2.

4.

Adult foster care homes for six (6) or fewer residents.

5.

All single family structures existing on or prior to the effective date of this Ordinance.

6.

Senior Apartments.

7.

Senior Independent Living Community.

8.

Assisted Living Community.

Special Uses:

1.

All special uses permitted in the R-1 and R-2 Districts.

2.

Skilled Nursing Center and Memory Care Center subject to the following provisions:

a.

A minimum lot area equal to two thousand (2,000) square feet per bed, but in no case less than three (3) acres.

b.

The lot shall be located on either a major or minor thoroughfare.

c.

Minimum setbacks from any property line:

Front Yard: 25 feet

Side Yard: 20 feet

Side Yard (total of two): 50 feet

Rear Yard: 20 feet

d.

Connection to a municipal sewer system.

3.

Public and private educational institutions.

4.

Child care centers, day care centers, group day care home.

5.

Bed & Breakfast uses subject to the provisions of Section 5.26.

4.5.4.

MHP—Mobile Home Park.

Permitted Uses:

1.

Mobile home parks subject to the provisions of Section 4.44.

2.

Public parks and recreational facilities.

3.

Accessory uses subject to the provisions of Section 5.2.

Special Uses: [Reserved.]

4.5.5.

PUD—Planned Unit Development District.

Permitted Uses: See Article VIII.

Special Uses: [Reserved.]

4.5.6.

MD-1—Mixed Use.

Permitted Uses:

1.

All permitted uses in R-1 and R-1A districts.

2.

Two-family dwellings.

3.

Public parks and playgrounds.

Special Uses:

1.

Any use charged with the principal function of technical training.

2.

Office buildings for such occupations as executive, administrative, clerical, accounting, engineering, architecture, drafting, medical offices, and sales functions.

3.

Data processing and computer centers including sales, service and maintenance of electronic data processing equipment.

4.5.7.

MD-2—Mixed Uses.

Permitted Uses:

1.

All permitted uses in R-1 and R-1A.

2.

Two-family dwellings.

3.

Public parks and playgrounds.

Special Uses:

1.

Retail businesses which supply commodities such as groceries, meats, dairy products, baked goods, drugs, gifts and notions, or hardware.

2.

Personal service establishments such as repair shops for watches, small appliances, shoes, televisions, beauty and barber shops.

3.

Laundry and dry cleaning pickup stations.

4.

Professional office of doctors, dentists, lawyers, architects, engineers, and other similar professions.

5.

Financial and business service establishments, banks, credit unions, insurance offices.

6.

Post offices and other similar governmental offices serving nearby residential areas.

7.

Bed and Breakfast uses subject to the provisions of Section 5.26.

8.

Marinas.

4.5.8.

OS—Office Service.

Permitted Uses:

1.

Any use charged with the principal function of technical training.

2.

Office buildings for such occupations as executive, administrative, clerical, accounting, engineering, architecture, drafting, medical offices, and sales functions.

3.

Data processing and computer centers, including sales, service and maintenance of electronic data processing equipment.

4.

Warehousing accessory to the above uses.

Special Uses:

1.

Any use charged with the principal function of basic research, design, and pilot or experimental product development.

4.5.9.

C-1—Local Commercial District.

Permitted Uses:

1.

Retail businesses which supply commodities such as groceries, meats, dairy products, baked goods, drugs, gifts and notions, or hardware.

2.

Personal service establishments such as repair shops for watches, small appliances, shoes, and televisions, beauty and barber shops.

3.

Laundry and dry cleaning pickup stations.

4.

Professional office of doctors, dentists, lawyers, architects, engineers, and other similar professions.

5.

Financial and business service establishments, banks, credit unions, insurance offices.

6.

Post offices and other similar governmental offices serving nearby residential areas.

7.

Passenger terminals, theaters (except drive-in).

8.

Restaurants, taverns & night clubs (except drive-in)

9.

Business or trade schools, dancing or music studios.

10.

Utility installations essential to serve this district.

11.

No more than (2) amusement devices which are incidental to the main use of a building.

12.

Hotels & Motels.

Special Uses:

1.

Planned shopping centers subject to the following provisions:

a.

A minimum lot size of one (1) acre and lot width of one hundred and fifty (150) feet.

b.

Minimum setbacks for any building shall be twenty-five (25) feet from any property line.

c.

Building composition which can be characterized as an architectural unit.

2.

Allow more than two (2) amusement devices which are incidental to the main use of restaurant, tavern, or nightclub.

3.

Vehicle wash establishment subject to the following provisions:

a.

A minimum lot width of one hundred fifty (150) feet shall be required.

b.

All washing activities must be carried on from within a building.

c.

Vacuum islands shall be placed a minimum of fifty (50) feet from adjacent property boundaries.

d.

Overnight parking or storage of vehicles is prohibited.

4.

Neighborhood micro-storage, provided the following conditions are met:

a.

Storage is contained in a climate-controlled building. Exterior storage of products, material, vehicles, boats, equipment and similar items is prohibited.

b.

Property shall be located on a major or minor thoroughfare as designated by the Master Plan.

c.

Access shall be from a major or minor thoroughfare as designated by the Master Plan.

d.

Minimum lot area shall be 5,400 square feet.

e.

A six (6) foot tall screen using a fence, landscaping, berm, combination of or other appropriate method shall be constructed around the perimeter of the development, as approved by the Planning Commission.

f.

Areas intended for vehicle travel shall be paved with asphalt or concrete.

g.

Site development shall be compatible with surrounding area.

4.5.10.

C-2—General Commercial.

Permitted Uses:

1.

All uses permitted in the C-1 district.

2.

Private clubs and lodges provided sales and services are to members and guests only.

3.

Supermarkets.

4.

Public or private business schools or colleges.

5.

Health and fitness clubs.

6.

Theaters.

7.

Eating and drinking establishments.

8.

Funeral homes.

9.

New and used car sales and showroom.

10.

Hotels and motels with a minimum lot size of one (1) acre and lot width of two hundred (200) feet.

11.

Assembly and dance halls.

12.

Bus passenger stations.

13.

Bowling Alleys.

14.

Mini-storage, provided the following conditions are met:

a.

Minimum lot area shall be two (2) acres located on either a major or minor thoroughfare designated by the Master Plan.

b.

Minimum lot width shall be two hundred (200) feet.

c.

Six (6) foot screening, fence, berm or other appropriate method of screening shall be constructed around the perimeter of the development, as approved by the Planning Commission.

d.

Minimum distance between buildings shall be twenty-five (25) feet.

e.

A front yard setback of no less than fifty (50) feet shall be maintained in landscaped open space. Side yard setbacks shall be no less than twenty-five (25) feet and rear yard setbacks shall be no less than forty (40) feet.

f.

All areas intended for vehicle travel shall be paved with asphalt or concrete.

g.

Site development shall be compatible with surrounding area.

15.

Hospitals, subject to the following:

a.

A minimum lot size of ten (10) acres shall be required.

b.

The lot shall be located on either a major or minor thoroughfare.

c.

Minimum setbacks for any building shall be one hundred (100) feet from any property line.

d.

Connection to a municipal sewer system or approved sewage treatment system shall be provided.

Special Uses:

1.

All special uses permitted in the C-1 district.

2.

Open air businesses when developed in conjunction with a permitted use and subject to the following provisions:

a.

The Planning Commission may require that outdoor sales areas be screened.

b.

Outdoor material display areas shall meet all applicable setback requirements.

3.

Plant nurseries subject to the following provisions:

a.

Outdoor display areas shall meet all applicable setback requirements.

b.

The storage of any soil, fertilizer, or any other material shall be contained to prevent any adverse affect on neighboring properties.

c.

A building of not less than five hundred (500) square feet shall be constructed in conjunction with the plan nursery.

4.

Vehicle wash establishment subject to the following provisions:

a.

A minimum lot width of one hundred fifty (150) feet shall be required.

b.

All washing activities must be carried on from within a building.

c.

Vacuum islands shall be placed a minimum of fifty (50) feet from adjacent property boundaries.

d.

Overnight parking or storage of vehicles is prohibited.

5.

Indoor skating rinks, outdoor recreations uses, and similar commercial recreational facilities.

6.

Veterinary offices including animal hospitals and clinics.

7.

Drive-in restaurants.

8.

Drive-in theaters.

9.

Lumber yards.

10.

Recreational vehicle storage yards.

11.

Public and commercial storage garages.

12.

Automobile repair, gasoline service stations, paint and body shops, subject to the following provisions:

a.

No building shall be located nearer than forty (40) feet from any road right-of-way and from any property line abutting residentially-used property.

b.

No more than one (1) curb opening shall be permitted for every fifty (50) feet of frontage along any street. Curb openings shall not exceed thirty (30) feet in width measured at the property line and shall be a minimum of thirty (30) feet apart. No curb opening shall be located nearer than twenty-five (25) feet from an intersection or adjacent residential property line.

c.

All repair and maintenance activities are to be conducted entirely with an enclosed building.

d.

All gasoline pumps shall be located a minimum of fifteen (15) feet from any property line.

e.

The sale of new or used vehicles from the premises is prohibited.

f.

Minimum lot area shall be fifteen thousand (15,000) square feet for gasoline service and repair facilities or ten thousand (10,000) square feet for gasoline service. The storage of disabled or wrecked vehicles for a period exceeding ten (10) days is prohibited e facilities only.

13.

Marinas and boat yards.

14.

Poolrooms.

a.

They shall not be located within 500 feet in any direction from the boundaries of any public, private or parochial school building or church building.

b.

They shall not be located within 500 feet of each other.

15.

Adult Business.

a.

They shall no be located within 500 feet in any direction from the boundaries of any public, private or parochial school building or church building or residential use or zoning district within the city limits.

b.

They shall not be located within 500 feet or each other.

16.

New and Used Car Sales and Showrooms.

a.

A parking lot for the display of vehicles may be permitted to extend to the property line facing a street abutting a non-residential use.

b.

A parking lot for the display of vehicles facing a street abutting a residential use must provide a minimum five (5) foot greenbelt setback with landscaping not required to exceed eighteen (18) inches in height.

c.

No outside storage of materials, parts or damaged/dilapidated vehicles shall be permitted on the premises.

4.5.11.

M-1—Light Industrial.

Permitted Uses:

1.

Wholesale establishments, warehouses, cartage businesses, and truck or rail terminals.

2.

Tool, die and machine shops.

3.

Manufacturing or processing of wood, concrete, cinder block, and brick.

4.

Manufacturing of automotive parts, metal fabricating, assembly, and other manufacturing processes.

5.

Production, processing and packaging of such products as candy and baked goods.

6.

Recreational vehicle storage yards.

7.

Contractor equipment and other material storage yards.

8.

Municipal equipment and material storage yards.

9.

Manufacturing or processing of plastic, fabric, and synthetic products.

10.

Farms.

11.

Kennels and animal shelters.

12.

Veterinary clinics.

13.

Hospitals and urgent care centers.

14.

Workshops and studios.

15.

Government offices and facilities.

16.

Vehicle service centers.

17.

Greenhouses, nurseries and farmer's market.

18.

Commercial recreation - indoor and outdoor.

19.

Commercial catering business.

20.

Uses permitted within the St. Clair Industrial Park Land Use Regulations and Site Development Standards pursuant to all regulations governing site and building construction and use. Conflicts between Section 4.5.11(20) and the zoning ordinance are superseded by Section 4.5.11(20).

Special Uses:

1.

Municipal waste or water treatment facilities.

2.

Production, processing, and packaging of such products as cosmetics, toiletries and pharmaceuticals.

3.

Any use charged with the principal function of basic research, design, and pilot or experimental product development.

4.

Cellular telephone and commercial broadcast radio and television towers and equipment subject to Sec. 5.20.

5.

Professional and medical offices.

6.

Motor vehicle repair business.

7.

Child care or day care center.

8.

Crematoriums, provided that the property is located a minimum 500 feet from a residentially used or zoned property.

4.5.12.

M-2—Heavy Industrial.

Permitted Uses:

1.

All permitted uses in the M-1 District.

2.

Production, manufacturing, processing, and packaging of such products as cereals, salt, petroleum products, soft drinks, and distillation of grains and fruits.

3.

Drop forges, heavy stamping, and oil refineries.

4.

Lumber and planing mills.

5.

Municipal waste or water treatment facilities.

6.

Central dry cleaning plants.

7.

Production, processing and packaging of such products as cosmetics, toiletries, and pharmaceuticals.

8.

Farms.

9.

Kennels and animal shelters.

10.

Veterinary clinics.

11.

Hospitals and urgent care centers.

12.

Workshops and studios.

13.

Government offices and facilities.

14.

Vehicle service centers.

15.

Greenhouses, nurseries and farmer's market.

16.

Commercial recreation - indoor and outdoor.

17.

Commercial catering business.

Special Uses:

1.

Salvage and used materials yards subject to the following provisions:

a.

Minimum lot size shall be five (5) acres.

b.

The front yard setback for the material storage area shall be one hundred fifty (150) feet.

c.

All material storage areas shall be enclosed by an obscuring fence between eight (8) and twelve (12) feet in height.

d.

All buildings shall be set back a minimum of fifty (50) feet from all property lines.

e.

Material shall not be stored in manner exceeding the height of the obscuring fence.

2.

Tanneries, slaughter houses, stock yards, or soap factories.

3.

Cellular telephone and commercial broadcast radio and television towers and equipment subject to Sec. 5.20.

4.

Professional and medical offices.

5.

Motor vehicle repair business.

6.

Child care or day care center.

7.

Crematoriums, provided that the property is located a minimum 500 feet from a residentially used or zoned property.

4.5.13.

PRPF—Parks, Recreation and Public Facilities.

Permitted Uses:

1.

Publicly owned building, structures or uses.

2.

Public education facilities.

3.

Parks.

4.

Accessory building incidental to the establishment or conduct of uses permitted.

5.

Public and semipublic utilities.

6.

Parking lots or structures.

7.

Concessions catering to public facilities.

8.

Cemetery.

Special Uses:

1.

Cellular telephone and commercial broadcast radios and telephone towers and equipment subject to Sec. 5.20.

CITY OF ST. CLAIR ZONING ORDINANCE
Schedule of District Regulations

a.

The side yard abutting upon a street shall not be less than ten (10) feet, when there is a common rear yard. In the case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting a street shall not be less than twenty-five (25) feet.

b.

Where multiple dwellings, including row and terrace dwellings, apartments, and efficiency units are permitted in an R-3 District, the required floor space per unit shall be as follows:

One-bedroom unit .....600

Two-bedroom unit .....800

Three-bedroom unit .....1,000

plus eighty (80) square feet for each bedroom over three bedrooms in dwelling unit.

c.

No two-family or multiple-family dwellings shall be permitted on a lot or parcel of land unless they comply with the lot requirements per unit as listed below:

One Bedroom Unit .....3,400 sq. ft.

Two Bedroom Unit .....3,800 sq. ft.

Three Bedroom Unit .....4,200 sq. ft.

Each Additional Bedroom .....400 sq. ft.

(includes a den, library or similar extra room)

In the case of a single-family dwelling in an R-2 or R-3 District, the minimum lot area requirement per unit shall be 7,500 sq. ft.

d.

The minimum distance between any two (2) buildings on the same parcel of lot shall not be less than twenty (20) feet.

(Ord. No. 2006-02, §§ 1—3, 3-6-06; Ord. No. 2010-02, § 1, 4-19-10; Ord. No. 2018-03, § 1, 4-2-18; Ord. No. 2021-02, § 1, 4-5-21; Ord. No. 2021-03, § 1, 6-7-21; Ord. No. 2021-05, § 1, 7-6-21)

4.6.1. Definition. The development of a new use for a building originally designed for a special or specific purpose that has become obsolete. Adaptive reuse is the redevelopment of a building, including its expansion, into uses that might not otherwise be permitted in a zoning district. Such uses include residential, retail, office, eating and drinking establishments, services and recreation uses.

4.6.2. Statement of Intent. There are many buildings throughout the City but due to their size and/or location and/or functional limitations, might no longer be suited for their intended purpose. This section provides flexibility in maintaining the viability of these City resources and maintains the zoning rationale by requiring an application to meet Special Approval Use Standards of Section 4.6.4.

4.6.3 Special Approval Uses Allowed. A building originally designed and constructed for another purpose may be adaptively reused in the following ways:

1.

Any use permitted or special use allowed in the R-3, MD-1, MD-2, OS and C-1 zoning districts except for planned shopping centers and vehicle wash establishments.

2.

Design standards applied to a use within the zoning ordinance shall be met unless waived or modified by city council after review and recommendation by the planning commission.

3.

Any use similar to a use listed above, as determined by the planning commission and city council.

4.6.4. Regulations and Conditions. The adaptive reuse of a building allowed by Section 4.6.3 must be undertaken in accordance with the following standards and conditions:

1.

Prior to application for adaptive reuse of a building or special land use approval under Section 4.6.5.1, proposed exterior modifications of buildings located in a Historic District must obtain a permit from the Historic District Commission for all exterior modifications as set forth in Code Section 14-312.

2.

A use not listed in Section 4.6.3 is prohibited. Demolition resulting in a change of building area does not qualify as Adaptive Reuse.

3.

Condominium bylaws and master deeds and/or building leases shall provide a general description of the types of uses proposed to occupy retail, service or office spaces within the building and the procedures to be followed to accommodate changes in the nature of businesses to occupy such spaces. The Planning Commission may consider and rely upon such documents, or if unavailable at the time of application, written descriptions of the proposed content of such documents, in reaching a finding that proposed retail, office, eating and drinking establishments, service or recreation uses will be generally compatible with residential uses in the building.

4.

Parking requirements shall comply with City Code Section 14-26 and shall be located within the boundary of the subject property. The Planning Commission shall use the requirements of Article 7 of this Zoning Ordinance as a guide to parking requirements but may exercise its discretion on a case-by-case basis in applying them in order to achieve the thoroughly considered objectives of the Zoning Ordinance.

5.

Dwelling units shall meet the following criteria:

A.

Dwelling units with one-, two-, and three-bedrooms shall meet the required floor space for the same bedroom types as listed in Section 4.5, Schedule of Use Regulations.

B.

Efficiency units shall have a minimum floor area of 400 square feet.

C.

Skilled nursing and memory care centers shall be regulated according to Section 4.5.3.

6.

Dwellings in the building shall be accessed by a secure entrance dedicated for the exclusive use of building residents and guests.

7.

The Planning Commission shall use the requirements of Sections 5.5, 5.6, 5.7, and 5.9 of this Zoning Ordinance as a guide to landscaping and buffering requirements but may exercise its discretion on a case-by-case basis in applying them in order to achieve the thoroughly considered objectives of the Zoning Ordinance. The Planning Commission has the authority to require additional landscaping, screening and buffering to eliminate negative impacts on nearby properties.

8.

Expansion criteria shall be approved on a case-by-case basis at the time of Site Plan review.

9.

Signage shall comply with the requirements of Article 6 of this Zoning Ordinance.

10.

The Planning Commission and City Council has the authority to require traffic, environmental, and other reports that aid in a decision.

4.6.5 Application and Review Procedure. The following application and review procedure will be followed:

1.

Application Requirement. Applications for adaptive reuse authorized by this Section shall be submitted to the zoning administrator in compliance with the requirements of the Ordinance regulating Site Plans in Sections 9.1.3 and 9.1.4.

2.

Phased Approvals Require Master Plan. An applicant may propose a phased approach in its application for adaptive reuse; however, such application shall include a master plan indicating how phasing will accomplish completion of the project.

3.

Public Notice. When the Zoning Administrator receives an application for a special approval use, public notice shall be provided as specified in Section 3.11 of this Zoning Ordinance.

4.

Public Hearing. A public hearing with public notification shall be held by the Planning Commission.

5.

Planning Commission Action. Upon receipt of a site plan, the Planning Commission shall review it at a regularly scheduled meeting and either recommend approval; approval with conditions; denial; or shall table the site plan with stipulations as to further information required from the applicant prior to a decision being made at a subsequent meeting. The Planning Commission shall make a written statement of findings and conclusions relative to the special approval use that specifies the basis for the decision and any conditions imposed.

6.

Basis of Determination for Adaptive Reuse. The Planning Commission shall review and evaluate the proposed adaptive reuse consistent with the provisions of the Ordinance regulating Site Plans in Sections 9.1.2 and 9.1.5.

7.

Basis of Determination for Special Land Use. The Planning Commission shall review the proposed special approval using the standards adopted within this article and shall establish that such use and the proposed location:

A.

Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan of Land Use.

B.

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

C.

Will not be hazardous or disturbing to existing or future nearby uses.

D.

Will be an improvement in relation to property in the immediate vicinity and to the community as a whole.

E.

Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

F.

Will not create excessive additional public costs and will not be detrimental to the economic welfare of the community.

G.

Will be consistent with the intent and purpose of this article.

8.

City Council Approval. The City Council shall review the recommendation of the Planning Commission at a regularly scheduled meeting of the City Council. The City Council may impose such additional conditions and safeguards as recommended by the Planning Commission and/or other conditions deemed necessary for the general health, safety, and welfare of the City of St Clair, for the protection of individual property rights and for ensuring that the general spirit and purpose of the Ordinance and the District in which the special approval use is proposed, will be observed.

9.

Effect of Approval. Any approval given by the City Council shall remain in effect in as specified in section 9.1.6 of the ordinance regulating Site Plan approvals.

(Ord. No. 2019-04, § 1, 8-19-19; Ord. No. 2021-04, § 1, 6-7-21)