In addition to the preceding district regulations relating to special use permits, the provisions of this chapter shall be subject to the modifications, additions, exceptions, or limitations as provided by the supplementary regulations specified in this article.

Except as otherwise permitted in this Ordinance, accessory buildings shall be subject to the following regulations:

5.2.1.

Limitations. By definition an accessory building is clearly incidental to the principle building housing the main use; therefore a Building Permit shall not be issued for an accessory building prior to the issuance of a building permit for the main or principal building, and no rough framing of any accessory building shall begin until the rough framing of the principal building has been completed. Accessory buildings can be constructed prior to the construction of the main structure where site plan review and approval has been obtained from the Planning Commission. For the purposes of this ordinance, gazebos, trellises, play structures and other similar structures, not exceeding 120 square feet, shall not be considered accessory structures.

A building permit may be issued for an accessory structure only when it is found to be in compliance with all requirements of this ordinance including the following:

A.

The proposed structure is in compliance with all the requirements found in the Schedule of Accessory Structures.

B.

The proposed use is commonly accepted as accessory to the use of the district in which it is located. Accessory structures located in the residential districts shall be used only for storage of items or equipment considered customary or domestic by the Zoning Administrator.

C.

It shall not be constructed as a habitable space with kitchen or toilet facilities, nor shall it be occupied.

D.

Exterior access to a second story or loft area shall not be permitted.

E.

All accessory structures over 120 sq. ft. will be required to provide a minimum 24" rat-wall. A minimum 4" thick concrete slab floor will also be required where gas or oil or machinery is stored.

F.

Acceptable material for accessory/storage structures are concrete, masonry, wood, and metals. Tents, plastic, membrane or other temporary structures are not acceptable.

5.2.2.

Attached Structures. Where the accessory building is structurally attached to a main building, it must conform to all the regulations of this Ordinance applicable to the main buildings. It may be connected to the principal building by a roofed porch, breeze way, or similar structure.

5.2.3.

Size. An accessory building shall not exceed the limitations found in the Schedule of Accessory Structures:

A.

In no instance shall the accessory building exceed the floor area of the main building.

5.2.4.

Location. Accessory buildings shall be located only as listed below and in the Schedule of Accessory Structures Chart

A.

All attached accessory buildings shall meet the front and side yard setback requirements of the main building. On a corner lot in any residential district, no accessory building shall be located nearer to the side street lot line than the minimum required side yard setback of the principal building on said lot.

B.

All detached accessory buildings shall meet the front and side yard setback requirements listed for accessory structures in the Schedule of Accessory Structures Chart. Where detached accessory buildings are located completely to the rear of the principal building, the side yard abutting 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 feet.

C.

An accessory building shall not be located closer than five (5') feet to any separate building or structure.

D.

In the case of lots with double street frontage, accessory buildings shall observe front yard setback requirements on both street frontages whenever there is a principal building fronting on said streets in the same block or adjacent blocks.

E.

Carports or garages which may be located at the rear of row townhouse or terrace dwellings and apartment buildings, after review and approval by the Planning Commission providing adequate light and air is assured to the dwelling units.

F.

In no instance shall an accessory building be located within a dedicated easement or right of way.

(Ord. No. 2009-01, § 1, 5-18-09)

No structure shall be used for dwelling purposes that is not considered a standard dwelling structure as defined in this chapter and in the building code of the City. No garage or other accessory building, trailer, cabin, basement, partial structure, or other temporary structure, whether of a fixed or portable construction, shall be erected or moved onto a lot and used for any dwelling purposes for any length of time unless authorized by the issuance by the Board of Appeals of a temporary permit as provided in this chapter.

Essential services shall be permitted in any District as authorized and regulated by law and other ordinances of the City.

5.5.1.

Within a Residential District:

A.

When permitted, all exposed horizontal and vertical structural members of a fence shall be located facing the inside of the property they are intended to fence.

B.

Within the limits of the front yard space, ornamental fencing or screening shall be permitted provided it does not exceed four (4) feet in height.

C.

Within the limits of a side or rear yard, a fence, wall or screen shall not exceed six (6) feet in height.

5.5.2.

In a commercial, industrial, or research office district, no fence, wall, or other screening structure shall exceed twelve (12) feet in height.

5.5.3.

Barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence, electric current, or charge in said fences is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.

5.6.1.

Upon any improvement, including a structural or use expansion, of property within a zoning classification of OS, C-1, C-2, M-1, M-2, or any non-residential special use, an obscuring wall shall be constructed to create a visual screen along all adjoining boundaries of property zoned or used for single-family, two-family or multiple-family residential. This same requirement shall apply to property zoned R-3 along all adjoining boundaries of property zoned or used for single-family residential.

5.6.2.

A required screening wall shall be six (6) feet in height as measured on the side of the proposed wall having the higher grade, and shall be constructed on both sides with: face brick; poured-in-place face brick; pre-cast brick face panels having simulated face brick; or stone. In lieu of a required screening wall, the developers may request from the Planning Commission the construction of a landscape buffer in accordance with the standards of this section and 5.6.3 or a combination screen wall and landscaping in accordance with this section and 5.6.4.

5.6.3.

Landscape Buffer: The landscape buffer shall be constructed as follows:

A.

A strip of land a minimum of fifteen (15) feet in width located between the residential use and the conflicting land uses(s).

B.

One (1) tree for each thirty (30) feet lineal, or fraction thereof, located between the residential use and adjacent conflicting land use(s), located so as not to create a vehicular sight-distance obstruction.

C.

Between conflicting land uses, a hedge or other plant material barrier, wall, berm, or any combination of these landscape elements shall be planted to form a continuous screen at least six (6) feet in height at all points. If a non-living barrier is used, livingplant material will be required on both sides of the screen. The screen shall be located so as not to create a vehicular sight-distance obstruction and shall be a minimum of twenty (20) feet from driveway intersections.

D.

Grass ground cover, gravel, or wood chips shall be established and maintained on all portions of the required landscape strip not occupied by any other landscape material.

E.

The landscape buffer shall be planted in such a manner as to provide a minimum opacity (visual restriction) of 80 percent in summer and 60 percent in winter.

F.

A minimum landscape strip of ten (10) feet shall be maintained between roads and interior parking areas or driving lanes.

5.6.4.

Wall and Landscape Combination: A wall and landscape combination may be constructed in lieu of a solid screen wall or landscape buffer provided the following standards are met.

A.

The screen wall height shall be six (6) feet. Landscape material may achieve a greater height.

B.

A complete obscuring effect is achieved through design and installation.

C.

This application is considered a special land use, must be approved by the Planning Commission and is subject to a public hearing.

(Ord. No. 2010-02, § 1, 4-19-10)

A landscape plan shall be required for sites containing more than twenty (20) parking spaces. The landscape plan shall be reviewed and approved by the Planning Commission prior to issuance of a building permit. The plan shall include, but not necessarily be limited to, the following items:

5.7.1.

Location, spacing, size and root type (bare root (BR); balled and burlapped (BB); or container plant materials; and descriptions for each plant type proposed for use within the required landscape area.

5.7.2.

Minimum scale - 1" = 60'

5.7.3.

Significant construction details to resolve specific site conditions, such as tree wells to preserve existing trees or culverts to maintain natural drainage patterns.

5.7.4.

North arrow.

(Ord. No. 2016-07, § 1, 5-2-16)

The owner of property shall maintain landscaping in a healthy condition, free from refuse and debris. All unhealthy and dead material shall be replaced within one year or the next appropriate planting period. All landscaped areas shall be provided with a readily available and acceptable water supply.

5.9.1.

Quality: Plant material and grasses shall be of generally acceptable varieties and species, free of insects and diseases, hardy to St. Clair County, conform to the current minimum standard of the American Association of Nurserymen, and shall have proof of any required governmental regulations and/or inspections.

5.9.2.

Major Plant Types: The following lists represent plant and landscape materials approved for usage subject to compliance with applicable size and spacing requirements.

A.

Evergreen Trees (minimum 5 ft. in height): Juniper, Douglas-Fir, Hemlock, Fir, Spruce, Pine.

B.

Narrow Evergreens (minimum 3 ft. in height): Column Hinoki Cypress, Pyramidal Red-Cedar, Pyramidal White Pine, Douglas Arbor-Vitae, Blue Columnar Chinese Juniper, Swiss Stone Pine, Irish Yew, Columnar Giant Arbor-Vitae.

C.

Tree-like Shrubs (minimum 4 ft. in height): Flowering Crab, Mountain Ash, Hornbeam, Russian Olive, Redbud, Hawthorn, Dogwood, Rose of Sharon, Magnolia

D.

Large Deciduous Shrubs (minimum 6 ft. in height): Honeysuckle, Forsythia, Cottoneaster, Privet, Viburnum, Lilac, Hazelnut, Buckthorn, Mock-Orange, Ninebark, Euonymus, Sumac

E.

Large Deciduous Trees (minimum 8 ft. in height): Oak, Birch, Sweet-Gum, Linden, Hard Maple, Planetree (Sycamore), Beech, Hop Hornbeam, Hackberry, Ginkgo, Honeylocust, Ash

5.9.3.

Parking Areas:

A.

Each separate landscaped area within a parking lot shall be adequately planted and maintained and shall be located in such a manner as to promote the following:

1.

Divide and break up the expanse of pavement.

2.

Parking areas.

3.

Designate vehicular circulation.

4.

Separate parking lots from adjoining uses.

B.

The minimum landscaped space surrounding parking areas shall be fifty (50) square feet per parking space. Right-of-way areas and retention ponds shall not be included within the required landscape area. For parking lots containing over fifty (50) spaces, there shall be one (1) tree for every ten (10) parking spaces in all areas submitted for site plan review.

C.

A minimum of three (3) feet shall be established from the backside of the curb or planting edge to the center of the trunk of the proposed tree or shrub. Narrow strips of landscaping incorporated within parking lots should contain sufficient landscaping and landscape buffering to soften large expanses of paved or gravel surfaces.

5.9.4.

Landscape Design Standards. Underground Irrigation. Areas of a site not hard-surfaced shall be irrigated by an automatic system at a frequency to maintain tree, shrub, and plant health.

(Ord. No. 2018-04, § 1, 4-2-18)

No fence, wall, hedge, screen, sign, or other structure or planting shall be higher than three (3) feet, measured above the center line of either street or pavement, on any corner lot in any residential or business district requiring front and side yards within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two (2) street lines at points which are thirty (30) feet distant from the point of intersection, measured along the street right-of-way line. Trees may be planted in this triangular area, provided that the lowest foliage is twelve (12) feet or higher from the ground.

Any one lot of record created before the effective date of this chapter without any frontage on a street shall not be occupied without access to a street provided by an easement or other right-of-way no less than twenty (20) feet wide. No more than one lot may be served by each such access route.

Nothing in this chapter shall prevent compliance with an order by the Code Enforcement Officer to correct, improve, or strengthen or restore to a safe condition any building or any part of a building declared to be unsafe.

In all R-1, R-1A and R-2 residential districts, only one (1) principal building shall be placed on a single lot of record.

The following regulations are adopted with the intent of insuring site drainage problems are mitigated through proper planning and review of current and proposed elevations for all new single and two family dwellings prior to issuance of building permits and certificates of occupancy.

5.14.1.

Prior to issuance of any Building Permits the Zoning Administrator shall obtain, at no expense to the City, a grading plan to be reviewed by the City Engineer for all new single and two family dwellings to be constructed on a lot abutting a currently developed lot. A filing fee established by the City Council shall be paid by the applicant at the time of application.

5.14.2.

The site plan submitted shall contain, at a minimum, the following information: existing and proposed elevations for the lot and proposed structures (elevations to be based on National Flood Insurance Program if within an indicated flood area), including basement; existing elevations for the abutting street; existing elevations for the abutting lots on all sides and the elevation of the structures on the abutting lots; any additional information necessary to determine the adequacy of proposed drainage plans and systems.

5.14.3.

Site plan shall be compiled by a licensed surveyor or professional engineer.

5.14.4.

Prior to issuance of a certificate of occupancy the applicant shall have the building location and elevation verified by the surveyor or engineer responsible for the original site plan and notify the Zoning Administrator in writing of this verification.

5.14.5.

If potential drainage problems or variations in proposed and final elevations, beyond four-tenths of a foot on structure grade and two-tenths of a foot on yard grade, are found during this review, the building permit applicant will be held responsible for making necessary improvements prior to the issuing of a certificate of occupancy.

No permit shall be granted for the moving of buildings or structures from without or within the limits of the City to be placed on property within said limits unless the Code Enforcement Officer shall have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location and will fully comply with the Building Code and other codes regulating the health, safety, and general welfare. A performance bond as established by the City Council of sufficient amount to insure cost of completing building for occupancy within a period of not less than six (6) months from date of permit shall be furnished before permit is issued.

5.15.1.

Any building moved within a district and placed upon a foundation or any building moved into a district from without shall be considered a new building and be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates.

No residential dwelling shall be erected in a non-residential zoning district. However, the sleeping quarters of a watchman or caretaker may be permitted by the Planning Commission as a special approval use.

For residential lots adjoining an alley in the same subdivision, the least width of a required side yard may be measured to the center line of that alley, provided that no building shall be erected any closer than three (3) feet to the nearer alley right-of-way line.

When a lot of record in any residential district has a depth of less than one hundred fifteen (115) feet prior to the effective date of this chapter, the rear yard of the lot may be reduced one-quarter (¼) of the distance the lot depth is less than one hundred fifteen (115) feet, provided that no rear yard shall be less than twenty (20) feet in depth. Measurements of the depth of the rear yard of a lot in a residential district may be made in the center line of an alley upon which the lot abuts for its full width, provided the alley is in the same subdivision.

5.19.1.

Paved terraces and patios shall be permitted to encroach upon the required yard area provided:

A.

The paved area is unroofed and without walls, parapets, or other forms of solid, continuous enclosure that so link the paved area to the principal building that an enclosed area is formed, appearing functionally a part of the principal building;

B.

The highest finished elevation of the paved area is not over three (3) feet above the average surroundings finished ground grade;

C.

No portion of the paved area is closer than four (4) feet from any lot line.

The paved areas may have an open railing or fence not over three (3) feet high, and may have non-continuous windbreak or visual screen fences or walls not over six (6) feet high and not enclosing more than one-half of the perimeter of the paved area.

5.19.2.

Unenclosed porches, roofed or unroofed, may project into a required yard area a distance not to exceed eight (8) feet, provided:

A.

The porch is unenclosed, no higher than one story, and is erected on piers;

B.

The porch shall not be closer than four (4) feet at any point to any lot line;

C.

That no building shall have more than one (1) porch in any one yard.

5.19.3.

Enclosed porches, either one-story, two-story, or an unenclosed porch having solid foundations and capable of being enclosed, shall be considered an integral part of the building and shall, therefore, be subject to all yard and area dimensional requirements established for principal buildings.

5.19.4.

Special structural elements such as cornices, sills, belt-courses, chimneys, gutters, eaves, pilasters, and similar structural features, may project into any yard area up to a maximum of two and one-half (2½) feet.

5.19.5.

Bays, including attached eaves, cornices, and gutters may project into any required yard area up to a maximum of three (3) feet, provided that the sum of such projections on any wall does not exceed one-third (⅓) the length of the wall.

5.19.6.

Fire escapes, outside stairways, and balconies, if of open construction, may project into any one required yard up to a maximum of four and one-half (4½) feet.

5.20.1

The following structural appurtenances shall be permitted to exceed the height limitation for authorized uses in any district as allowed by this ordinance.

A.

Those purely ornamental in purpose such as church, spire, belfry, domes, cupolas, ornamental towers, flag poles, and monuments.

B.

Those necessary to mechanical or structural functions such as chimneys, smoke stacks, water tanks, elevator and stairway penthouses, ventilators, bulkheads, aerials, and antennae, electronic devices, heating and cooling units and fire towers.

C.

Those necessary for proper building design such as cornices and parapet walls which shall not exceed the height limitation by more than five (5) feet and shall have no window openings.

D.

Commercial Broadcast Radio, Television and Cellular Telephone Towers subject to the following regulations:

1.

Setback. The tower shall be setback from all property lines and adjacent rights-of-way not less than one and a half (1.5) times the total height of each tower as measured from the ground level.

2.

Fencing. An open weave wire fence at least six (6) feet in height shall be constructed and set away from the base of the tower at least ten (10) feet in all directions.

3.

Structural Integrity and Inspection. The City Superintendent or his designee may require periodic inspections of towers to ensure structural integrity. Such inspection may be required as follows:

a.

Monopole towers at least once every ten (10) years.

b.

Self-support at least once every five (5) years.

c.

Guide towers - not allowed.

Inspections shall be conducted by a certified testing agency or by an engineer or architect licensed by the State of Michigan. The results of such inspections shall be provided to the city and based upon results of such inspection, the city may require repair or removal of the tower.

4.

Equipment Facilities and Accessory Uses. These facilities may not include offices, long tern vehicle storage, or outdoor storage or broadcast studios except for emergency purposes, or other uses that are not needed to send or receive transmissions.

5.

Lighting and Security. When lighting is required and permitted by the Federal Aviation Administration or other Federal or State authorities, it shall be oriented so as not to project onto surrounding residential property. Prior to site plan review and approval, the applicant shall provide documentation that the proposed communication tower has been review and is not determined to be a hazard the FFA.

6.

Abandonment. Any such tower standing unused for six months or more may be required to be removed at the expense of the owner.

7.

Soil Testing. Soil borings shall be conducted by a registered professional engineer, who shall provide written evidence that soil conditions will provide sufficient stability for erection of the tower or antenna.

8.

Co Locations. Applicants shall design sites and tower to accommodate future co-locations for at least a minimum of four (4) platforms (and the antennas (thereon) and associated accessory buildings, and shall make the tower available for use by public service agencies, provided that public service agency equipment mounted on the tower does not adversely affect any existing equipment and mounting public service agency equipment is technologically possible.

9.

Equipment Facilities and Accessory Uses/Landscaping/Fencing. For wireless facilities subject to special use applications, a site plan shall also include a detailed landscape plan. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, fencing of a minimum of six (6) feet in height shall be required for protection of the support structure and security from children and other persons who may otherwise access facilities.

5.20.2.

The foregoing permitted exceptions may be authorized only when the following conditions are satisfied:

A.

No portion of any building or structure permitted as an exception to a height limitation shall be used for human occupancy or commercial purposes.

B.

Any structure permitted as an exception to a height limitation shall be erected no higher than such height as may be necessary to accomplish the purpose for which it is intended to serve.

C.

Structures permitted as exceptions to height limitations shall not occupy more than twenty (20) percent of the gross roof area of any building upon which they may be located.

(Ord. No. 2010-02, § 1, 4-19-10; Ord. No. 2016-05, § 1, 5-2-16)

Nothing within this Ordinance shall be construed to prevent compliance with an order by the appropriate authority to correct, improve, strengthen, or restore to a safe or healthy condition, any part of a building or premises declared unsafe or unhealthy.

Any structure or building which may be in whole or in part destroyed by fire, windstorm, or other such cause, if rebuilt, shall be rebuilt in accordance with this Ordinance and other pertinent codes and ordinances or shall be restored to a safe and healthy condition with all debris removed from the site within ninety (90) days from the occurrence of such damage.

Trash containers in all zoning districts other than single-family shall be screened on four (4) sides with an opaque fence or wall at least as high as the trash container and shall be constructed of material which is compatible with the architectural materials used in the site development. Gates which provide access to the container for maintenance shall be made of an opaque material also compatible with the architectural materials used in the site development. The location of the dumpster or other trash container unless specific exception is provided by the Planning Commission, shall be fifteen (15) feet from any off-site building or lot line. The container shall not constitute a hazard and shall not be within the required yard setbacks of that zoning district. The Commission may further require internal storage and/or the use of trash compactors where, in the determination of the Commission, the public health, safety, and welfare is served.

No single-family dwelling, mobile home, modular housing, or prefabricated housing located outside a mobile home park or mobile home subdivision shall be permitted unless said dwelling unit conforms to the following standards:

5.24.1.

Square Footage. Each such dwelling unit shall comply with the minimum square footage requirements of this ordinance for the zone in which it is located.

5.24.2.

Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of twenty (20) ft. and shall comply in all respects with the Michigan State Construction Code Commission, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Michigan State Construction Code Commission, then and in that event such federal or state standard or regulation shall apply.

5.24.3.

Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the Michigan State Construction Code Commission and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a mobile home, the mobile home shall be securely anchored to the foundation in order to prevent displacement during windstorms.

5.24.4.

Undercarriage. In the event that such dwelling unit shall be a mobile home as defined herein, each such mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.

5.24.5.

Sewage Disposal or Water Supply. Each such dwelling unit shall be connected to a public sewer and water supply or to such private facilities approved by the local health department.

5.24.6.

Storage Area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 10 percent of the square footage of the dwelling or 100 sq. ft., whichever shall be less.

5.24.7.

Architecture. In the event that such dwelling unit shall be a mobile home as defined herein, each such mobile home shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two (2) exterior doors with the second one being in either the rear or side of the dwelling; and contains steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same.

5.24.8.

Compatibility Determination. The compatibility of design and appearance shall be determined in the first instance by the City Zoning Administrator. Any determination of compatibility shall be based upon the character, design, and appearance of one or more residential dwellings located outside of mobile home parks and within 2,000 ft. of the subject dwelling. At least 20 percent of the homes within the neighboring area shall be used for compatibility determination. Where said area is not so developed, the character, design, and appearance of one or more residential dwellings located outside of mobile home parks throughout the City shall be examined. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

5.24.9.

Additions. Each such dwelling unit shall contain no addition or room or other area which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

5.24.10.

Code Compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

5.24.11.

Building Permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Michigan State Construction Code provisions and requirements.

5.24.12.

Exceptions. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Ordinance and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the City unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this Ordinance.

Home occupations which are clearly incidental to the principal residential use are permitted in any residential district. Typical home occupations include hairdressing, accounting, home truck gardening, real estate and insurance sales, appliance and motor repair, and professional offices. Home occupations shall be permitted for the sale of services while the on-premise sale of products shall not be permitted. The following conditions for home occupations shall be met.

5.25.1.

The occupation shall utilize no more than twenty-five (25) percent of the total gross floor area of any one (1) story of the residential structure so used.

5.25.2.

The home occupation shall involve no employees other than members of the immediate family residing on the premises.

5.25.3.

All home occupation activities shall be conducted indoors, except gardening.

5.25.4.

No structural alterations or additions which will alter the residential character of the structure shall be permitted to accommodate a home occupation.

5.25.5.

Only customary domestic or household equipment, or equipment judged by the Zoning Administrator not to be injurious or a nuisance to the surrounding neighborhood shall be permitted.

5.25.6.

There shall be no external evidence of such occupations except a small announcement sign as specified by Article VI of this Ordinance.

5.25.7.

No commodity or product shall be sold on the premises in connection with a home occupation. The provision shall not apply to arts and crafts produced entirely within the home.

5.25.8.

No home occupation shall be permitted which is injurious to the general character of the residential district and which creates a congested or otherwise hazardous traffic or parking condition.

5.25.9.

All home occupations shall be licensed in accordance with Chapter 11, Article 2 of the St. Clair City Code.

Bed and breakfast facilities are allowed in selected residential zoning districts, provided the following conditions are met:

5.26.1.

Any such use shall be reviewed by the Planning Commission as a special approval use (Section 3.4). The Planning Commission shall find that at least the following conditions are met before approving the use:

A.

Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

B.

There shall be no separate cooking facilities used for bed and breakfast stay.

C.

No sign larger than two (2) square feet identifying the bed and breakfast shall be permitted.

D.

One (1) parking space shall be provided off-street in the interior side yard or rear yard area for each occupant room.

E.

Such off-street parking shall meet the design and layout requirements of Article VIII.

F.

No transient occupant shall reside on premises for more than fourteen (14) consecutive days and not more than thirty (30) days in any one year.

G.

All such facilities shall comply with all applicable local, county, and state building, occupant living area, plumbing, electrical, mechanical, fire, and health codes.

All swimming pools erected in the City shall comply with the following requirements:

5.27.1.

Application. The application for a building permit to erect a swimming pool shall include the name of the owner, the manner of supervision of pool, a plot plan and location of adjacent buildings, fencing, gates, public utilities, specifications, and plans to scale of pool walls, slope, bottom, walkway, and diving boards, type and rating of auxiliary equipment, piping and valve layout, and any other detailed information affecting construction and safety features deemed necessary by the building inspector.

5.27.2.

Pool Location. Minimum side yard setback shall comply with the provisions of the district. Furthermore, the pool fence must not be built within the required front yard or required corner lot side yard. Rear yard setback shall not be less than six (6) feet between the pool outside wall and the rear property line, or less than the established easement width at the rear property line, or less than six (6) feet between pool wall and any building on the lot.

5.27.3.

Fence. For the protection of the general public, all swimming pools shall be completely enclosed by a fence of a type described in Section 5.5 not less than four (4) feet in height at least six (6)feet from the outside wall of the pool, except in the following cases:

A.

If the rear yard is completely fenced in accordance with Section 5.5 of the Zoning Ordinance a fence six (6) feet from the pool will not be required; and

B.

If a pool is so constructed that the platform around the pool is at least four (4) feet above ground and has an enclosure around the platform, no additional fencing will be required.

5.27.4.

Openings. All openings in any pool fences or yard fences around a pool shall be equipped with a self-closing, self-latching gate which shall be securely locked with a tamper proof lock when the pool is not in use.

All waterfront lots within the City shall comply with the following regulations:

5.28.1.

In all single family and two family residential zoning districts, a minimum yard setback shall also be established along the river, for all lots that have frontage on either the Pine River or the St. Clair River. The minimum yard setback shall be established by rendering a straight line between the adjacent dwellings from the two corners that are nearest the river and closest to the proposed construction. If either adjacent lot is unimproved, then the dwelling on the next improved lot having river frontage shall be used. In the event that the proposed dwelling does not exceed one story, and the average elevation of the top of the foundation of either of the adjacent dwellings is more that ten (10) feet above the elevation of the top of the foundation of the proposed construction, then the dwelling on the next improved river frontage lot whose elevation is less than ten (10) feet, as measured above, shall be used.

5.28.2.

Chain link fence not exceeding four (4) feet in height shall be permitted in the required yard abutting the river in accordance with other provisions of this Zoning Ordinance. Decks, unenclosed porches, balconies and patios shall be permitted to project in the required yard abutting the river after review and approval of such projects by the Planning Commission. Approval shall be granted to such improvements which do not unreasonably impair the access of adjacent dwellings to light and air, or to a view of the river.

All condominiums or site condominiums shall comply with the following regulations:

5.29.1.

Condominium Site Plan Review. A site plan must be submitted to the Planning Commission showing all buildings, parking areas, recreation areas, limited common elements, general common elements, and landscaping on a scale sufficient to permit study of all elements of the plan. The site plan shall be in compliance with Article 9 of this Ordinance and shall include:

A.

The name, address and telephone number of:

1.

All persons, firms or corporations with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, or land contract vendee).

2.

All engineers, attorneys, architects or registered land surveyors associated with the project.

3.

The developer or proprietor of the condominium project.

B.

The legal description of the land on which the condominium project will be developed together with tax identification numbers.

C.

The acreage content of the land on which the condominium project will be developed (acreage to be dedicated as public right-of-way shall be noted).

D.

The purpose of the project (for example, residential, commercial, industrial, etc.)

E.

Approximate number of condominium units to be developed on the subject parcel.

F.

Preliminary plans for a community water system.

G.

Preliminary plans for a community sewer system.

H.

A flood plain plan, when appropriate.

I.

A site plan showing the location, area and dimensions of all building envelopes, building sites (limited commons area, and general commons areas), roads, driveways, landscaping, and recreational facilities.

J.

A utility plan showing all sanitary sewer, water, and storm sewer lines and easements granted to the City for installation, repair and maintenance of all utilities.

K.

Storm water management plan, including all lines, swales, drains, basins, and other facilities including appropriate documentation as well as existing and proposed topographic features.

L.

All natural areas including trees and wetlands to be preserved or modified shall be indicated on the submitted site plan.

5.29.2.

Streets and Utilities.

A.

All streets to be dedicated to the public shall be constructed to the specifications of the City of St. Clair.

B.

Utilities, including sanitary sewers, shall be constructed in accordance with existing City and public utility requirements and to the specifications of the City of St. Clair. All utilities, except essential services, shall be placed underground.

5.29.3.

Phased Development. Condominium projects may be constructed in phases. However, any phased plan shall show the total proposed with phases clearly identified. Building permits for a phase thereof will not be issued until all streets and utilities have been constructed for that phase.

5.29.4.

Setbacks and Lot Areas. All condominium or site condominium projects shall conform to the pertinent zoning district schedule of regulations except as otherwise noted. Setbacks and minimum lot areas for a single family detached site condominium shall be measured from the perimeter boundary of the building site property line.

5.29.5.

Conformance with Subdivision Regulations. All condominium project plans shall conform to the design, layout and improvements standards and all other requirements as established by the City of St. Clair.

5.29.6.

Water and Waste Water. The condominium project shall comply with and meet all federal, state and county standards for a fresh water system and waste water disposal.

5.29.7.

Expansion and Conversion. Prior to expansion or conversion of a condominium project to additional land, any new phase must be approved by the Planning Commission.

5.29.8.

Master Deed. The project developer shall furnish the Zoning Administrator with copies of the proposed consolidated Master Deed, bylaws, and proposed plans. The proposed plans shall be reviewed for compliance with the City Code of Ordinances. Fees for this review shall be established from time to time by the City Commission.

5.29.9.

As-Built Plan and Occupancy. Submission of an as-built plan of a condominium unit is required prior to occupancy. The zoning administrator may allow occupancy of the project before all improvements required are installed provided that a bond is submitted to the City Clerk, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the City. The amount of the bond shall be determined by the City Engineer.

5.29.10.

Final Bylaws, Consolidated Master Deed and Site Plan. Upon approval of the development, a final copy of the bylaws and Consolidated Master Deed shall be furnished to the City. The final site plan shall be provided on a mylar sheet of at least 24 inches by 36 inches.

5.29.11.

Compliance with other Statutes and Ordinances. All condominium projects shall comply with federal state and local laws, statutes and ordinances.

5.29.12.

Procedures. The proprietor shall submit a site plan to the Planning Commission as required under Article 9 of the Ordinance. The Planning Commission will act on the site plan either approving or disapproving the plan. An approved Site Plan will regulate development of the property unless otherwise notified by the Planning Commission.

Raising of livestock or farm animals in the R-1 and R-1A districts shall conform at least to the following regulations:

A.

A parcel may be used, and a building or structure located thereon for the raising or keeping of livestock or farm animals whether for profit or pleasure upon a lot having an area not less than three (3) acres.

B.

Up to two (2) animals on the first three (3) acres are allowed and it is required to provide an additional one (1) acre for each animal thereafter.

C.

There shall be no limit in the number of livestock on a lot having ten (10) or more acres.

Satellite antennae shall be located only in the side or rear yard of any lot or on the roof of a principal or accessory structure or on a pole next to such structure or attached to such structure. A roof or pole mounted antenna shall not exceed by more than ten (10) feet the height established for the zoning district in which located. No satellite antenna shall be located in a front yard nor shall it exceed a diameter of twelve (12) feet.

5.32.1.

No person may alter, divert or block, or cause to be altered, diverted, or blocked, any drain, drainage course, ditch, watercourse, or body of water, whether natural or artificial, public or private, which causes or which is likely to cause an increase in the runoff of water onto adjacent properties, beyond that which would occur without the proposed action, without first obtaining a Zoning Compliance Permit from the Zoning Administrator.

5.32.2.

All applications for permits under this section shall be accompanied by a written description of the proposed action, the reason for the proposed action, a plan drawn to scale showing the existing and proposed drainage patterns, and payment of the required inspection fee.

5.32.3.

All plans submitted, except those in connection with single-family dwellings, two family dwellings, or farm buildings, shall be prepared by a licensed professional engineer or surveyor.

5.32.4.

Prior to the issuance of a permit, the Zoning Administrator shall examine the application and plan, make a site inspection of the property involved and make a determination that the proposed action will not cause an increase in the runoff or flow of water onto adjacent properties beyond that which would occur without the proposed action.

Official Flood Hazard Boundary and Flood Insurance Rate maps as prepared by the Federal Insurance Administration, and other available and applicable sources of information regarding drainage patterns shall be utilized in making the determination. In cases where an engineered plan would not normally be required, the Zoning Administrator may nevertheless require a plan, prepared by a registered professional engineer to be submitted if the Zoning Administrator deems such information essential in making a determination.

5.32.5.

Upon completion of the proposed action, the Zoning Administrator shall make an additional visit to the site and make a determination that the proposed action was completed in accordance with the terms of the permit and, if satisfactory, shall issue a Certificate of Completion.

5.32.6.

In no case shall a Zoning Compliance Permit or Certificate of Completion be issued when, in the opinion of the Zoning Administrator, the proposed action is likely to cause, or the completed action causes, an increase in the runoff or flow of water onto adjacent properties beyond that which would occur without the proposed or completed action.

5.32.7.

In cases involving official county drains, sole jurisdiction shall rest with the County Drain Commissioner.

5.32.8.

In cases involving county road ditches, sole jurisdiction shall rest with the Board of County Road Commissioners.

5.32.9.

Nothing contained herein shall be construed to prohibit or interfere with the installation or alteration of normal, proper, and generally accepted agricultural drainage methods and systems when part of a bona fide farm.

5.32.10.

Fees for applications made pursuant to this Section shall be paid at the time of application for a permit. The amount of such fees shall be established by Resolution of the City Council of the City of St. Clair and shall cover the cost of the necessary review and inspections. In cases where it is necessary for a review to be made by the City Engineer or other City officials or consultants, the applicant shall be required to pay the City such additional reasonable fees as are necessary to conduct and complete said reviews.

5.33.1.

Site Plan Required.

(a)

A site plan shall be submitted to the Planning Commission for review and approval for any outdoor storage as part of a new development in a M-1 or M-2 zoning district or for any change of use or for site changes as required in Article 9, Section 9.1, of an existing M-1 or M-2 zoned industrial facility. No site plan shall be required for any facility lawfully existing as of the date of adoption of this Section 5.33, unless otherwise required by the Zoning Ordinance.

(b)

The site plan must include the following information:

1.

Location of proposed storage on the lot

2.

Type of materials to be stored

3.

Height of stored materials

4.

Screening method

(c)

If no storage area is to exist on a site, the statement "No Outdoor Storage is Permitted on This Site" shall be placed on the site plan and shall be a signed certified statement to that effect by the owner.

5.33.2.

Screening. All storage areas shall be screened from adjoining parcels zoned residential. The minimum screening requirement will be six (6) feet in height, as outlined in Section 5.6 of the City of St. Clair Zoning Ordinance.

5.33.3.

Setbacks and Lot Coverage.

(a)

All outdoor storage areas shall comply with existing setback requirements in the City's Zoning Ordinance (Article 4) and the applicable Building and Fire Codes.

(b)

The maximum percentage of lot coverage allowed for structures and storage combined shall be 40%. The amount of storage shall not exceed the square footage of the footprint of the building at grade.

(c)

No storage is allowed in any part of a front yard.

5.

33.4. Surface. Open storage surfaces shall be constructed of a surface material appropriate to the material being stored and drained to meet city engineering requirements.

5.33.5.

Temporary Storage. No temporary storage containers, or temporary storage of boats, trailers, recreational vehicles, cars or trucks shall be permitted unless accessory to the use of the facility.

(Ord. No. 2005-04, § 1, 11-7-05; Ord. No. 2006-01, § 1, 3-6-06)

Schedule of Accessory Structures

A.

When any such structure exceeds 25 feet in length, the structure shall be set back one (1) additional foot for every 2 feet it exceeds 25 feet in length from the property line adjacent to any side exceeding 25 feet in length.

B.

The height of the roof ridge of a detached accessory structure may exceed the height limitations listed when the roof pitch is built up to and including the roof pitch of the main structure. It may not however exceed the height or pitch of the roof ridge of the main building.

C.

Attached accessory structures may be permitted to exceed the height limitations listed to conform to the requirements for the main building and in no case may the height of the roof ridge of the accessory structure exceed the height of the roof ridge of the main building.

Solar panels will be considered accessory uses and shall comply with section 5.2 Accessory buildings and uses and the Schedule of Accessory Structures, in addition to the following standards:

5.34.1.

Solar panels affixed to a wall or roof shall be mounted parallel to the surface of subject wall or roof. Such panels shall not project greater than 12 inches from the roof or wall surface.

5.34.2.

A freestanding solar panel Is considered a special approval use and must meet the review requirements of section 3.5 of the zoning ordinance. The following additional standards shall be met:

A.

Prohibited from locating in a side or front yard.

B.

Area of all free-standing solar panels and accessory buildings and structures shall not exceed the maximum area permitted by the Schedule of Accessory Structures.

C.

Area of a solar panel is considered the area of the conducting surface.

(Ord. No. 2010-02, § 1, 4-19-10)

Outdoor display and sales of merchandise are permitted in the C-2 General Commercial and P, R & PF, Parks, Recreation and Public Facilities, zoning districts; and for legal and non-conforming uses in a residential zoning district subject to the following provisions:

5.35.1.

Seasonal or permanent outdoor display and sales use shall meet the requirements of this section:

A.

Display and sales area is prohibited in required setback areas.

B.

A minimum of 50 feet shall be maintained between a display area and a residentially zoned and used property.

C.

A minimum of five (5) feet of separation shall be maintained from access drives, walks and parking areas.

D.

Screening meeting the requirement of this ordinance shall be maintained from residentially zoned and used property.

E.

Off-street parking meeting the requirements of the Zoning Ordinance shall be met.

F.

Surface pavement and drainage is required and shall meet the engineering standards of the City.

G.

Storage and sale of bulk unpacked material, equipment and tools are prohibited.

H.

Tents are permitted provided the height and bulk requirements of the Zoning Ordinance are met.

I.

The use of outdoor broadcasting, music and similar audio techniques is prohibited.

J.

The hours of operation shall be limited to 8 am to 9 pm.

K.

City Council approves the use of all city property.

L.

The City of St. Clair shall be held harmless from all liability matters relating to the use of City property.

M.

All applicable federal, state, county and city codes and ordinances are met.

5.35.2.

Temporary display and sales of merchandise are permitted in the C-1, C-2, P, R & PF and Downtown Redevelopment Districts; on church or civic property; and, for legal non-conforming uses in a residential zoning district. The building official or city superintendent shall find that the following conditions are met prior to issuing approval. Standards for approval shall conform to Section 5.35.1 except for the following modifications:

A.

Display and sales may be permitted in a required front, rear and side setback provided a minimum five (5) feet of separation is maintained from a public or private walk.

B.

Required screening from residentially zoned or used property may be provided by tent walls. Such walls shall be securely anchored to the grade during duration of the use.

C.

Temporary display and sales shall be confined to two occasions per year. Each occasion shall not exceed three (3) days.

D.

The Building Official or City Superintendent may approve an extension of the time restrictions for temporary display and sales in a C-2 or DRD zoning district. The following information shall be required:

a.

A written description of the requested time extension and activity.

b

A sketch plan describing setbacks, tent or canopy floor area and height and other essential dimensions.

c

Other support material considered necessary by the Building Official or City Superintendent.

(Ord. No. 2011-02, § 1, 2-21-11)

Editor's note— Section 1 of Ord. No. 2011-02, adopted Feb. 21, 2011, amended the Code by adding provisions designated as App. A, § 5.34. Inasmuch as there were already provisions so designated, the provisions have been redesignated as App. A, § 5.35, at the discretion of the editor.

Any soil excavation for the purpose of constructing a pond shall be permitted in any district subject to the following standards upon issuance of a zoning permit:

5.36.1. The term "pond" as used in this section is defined as any soil excavation, digging, or grading resulting in substantial accumulation or ponding of surface water or pumped water. Ponds of 100 sq. ft. or more will require a zoning permit. Limit one pond per property regardless of size of parcel.

5.36.2. No pond is to be located closer than 6 feet to any adjoining or abutting property line or septic field, nor in the front yard excepting a St. Clair river property.

5.36.3. The pond shall not have a steeper slope than one (1) to three (3) on all sides for the first six feet from the bank. Ponds shall not exceed 6' in total depth and shall not encompass more than 15% of the rear yard surface area. Ponds of 100 sq. ft. or less with a depth of 2' or less will not require a zoning permit.

5.36.4. Ponds deeper than 2' shall require a fence. Fence required for the protection of the general public. Ponds shall be completely enclosed by a type described in Section 5.5 not less than 4' in height at least 6' from the outside slope of the pond.

5.36.5. Construction of a pond shall not cause an increase in runoff or drainage to abutting properties beyond that which may have occurred prior to its construction. The zoning administrator shall require that any plan submitted for pond show an adequate method of preventing overflow or water onto adjacent properties. To accomplish this purpose, the zoning administrator may require a spillway leading to any approved drainage way or grassed berm along one or more sides of the pond or both.

5.36.6. There shall be a distance of not less than 10 ft. between the outside edge of the pond and any building.

5.36.7. Construction of a permitted pond shall be completed within 6 months of the date of issuance of a permit. Extensions may be granted for just cause shown. All areas disturbed during construction of the pond shall be seeded and maintained in good condition to prevent erosion.

5.36.8. Ponds are for fish or decorative use only, not for recreational swimming.

5.36.9. Appropriate lifesaving equipment such as ring buoys shall be placed near the pond and be easily seen and accessible for use during an emergency. Appropriate warning signs will be provided and maintained.

(Ord. No. 2016-06, § 1, 5-2-16)

Editor's note— Section 1 of Ord. No. 2016-06, adopted May 2, 2016, amended the Code by adding provisions designated as App. A, § 5.34. Inasmuch as there were already provisions so designated, the provisions have been redesignated as App. A, § 5.36, at the discretion of the editor.

A.

Permanent location. The generator must be permanently located on a concrete slab or prefabricated equivalent or as otherwise regulated by the City's Building, Electrical and Mechanical Codes.

B.

Enclosure; production of sounds; service doors; exhaust gases.

1.

The unit and muffler must be enclosed within a sound attenuated cabinet unless the unit itself is designed with sound attenuated elements. The enclosure service doors on the cabinet must be locked to prevent access by unauthorized persons.

2.

Sound produced at full load is to be less than 75 dBA at the property line.

3.

Sound produced at test and quiet load is to be less than 70 dBA at the property line. A test shall occur not more than one (1) time per week and between the hours of 9 a.m. and 6 p.m. Monday through Friday.

4.

Any and all exhaust gases must be in compliance with any applicable emission regulations.

C.

Design standards.

1.

Air conditioning unit(s) and generators shall be considered a permitted use when located in the rear yard and the preferred location. However, if no suitable rear yard location is available, the Building Department may permit the air conditioning unit(s) and/or generator(s) to be placed in the side yard, as rearward as practical applicable requirements, as follows, shall be met for any installation.

2.

If placed within the side yard, the following shall apply:

a.

The unit(s) shall be located no closer than five (5) feet from a property line. The Building Department may grant an exception based on proof of a physical hindrance such as existing utility lines or exterior equipment.

b.

The unit shall not be permitted to be placed directly across from a bedroom on the first floor of the neighboring residence.

D.

Air conditioning unit(s) and generator(s) shall be enclosed with a sound attenuating cabinet as approved by the Building Department.

(Ord. No. 2018-04, § 1, 4-2-18)

A.

Buildings shall generally relate in architectural design to surrounding buildings, improve the visual quality and support property values of the surrounding neighborhood.

1.

Provide brick or stone on exterior walls, minimally around the first-floor story.

2.

Use porches or other features, such as cornice lines, on buildings.

3.

Reflect architectural styles and details, design themes, building materials and colors consistent with surrounding buildings.

B.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall and roofline offsets, including projections and recesses shall be used.

C.

Uninterrupted building walls greater than 25 feet are prohibited.

D.

Gable and hipped roofs shall provide overhanging eaves on all sides. Mansard roofs on a one-story building and flat roofs are prohibited.

E.

Dormers, belvederes, masonry chimneys and other similar elements, are encouraged to add visual interest to the roofline.

F.

Entrances to buildings shall be defined by architectural elements, such as lintels, pediments, columns, porches, overhangs, railings, balustrades, etc., where appropriate.

G.

The Planning Commission has the authority to modify the requirements of this section provided the intent of this section is met.

(Ord. No. 2018-04, § 1, 4-2-18; Ord. No. 2018-08, § 1, 7-2-18)