The Downtown Redevelopment District is a zoning district intended to implement the recommendations of the Downtown Vision Plan. The Downtown Vision Plan is a master redevelopment plan that has been officially adopted into the City of St. Clair Master Land Use Plan. The Plan was created through significant public input and support from business and property owners, residents, city officials and staff.

The intent of this Ordinance is to facilitate the implementation of the Downtown Vision Plan through visually and functionally strengthening the public right-of-way space; creating an orderly and cohesive visual image; fostering a business friendly redevelopment climate; and encouraging public use and social harmony. Regulations established within this Ordinance set clear provisions and controls on building form and site design and the submission review process. Broader limits on land usage allow flexibility in determining the proper mix of residence and business types.

The Downtown Redevelopment District is established to achieve the following goals:

A.

Provide for orderly and integrated planning to avoid fragmentary, short-term, or speculative investments.

B.

Promote development consistent with the plans and programs of the Downtown Development Authority enhancement efforts.

C.

Promote development consistent with design guidelines and principles set forth in the Downtown Vision Plan.

D.

Promote coordination of public and private efforts in the planning, financing, and development of infrastructure improvements.

E.

Reduce and prevent long-term vacancy.

F.

Reduce and prevent blight, decay and abandonment.

G.

Provide for safe interaction between vehicular and pedestrian movement systems.

H.

Protect the residential integrity of adjacent single-family neighborhoods.

I.

Promote the full economic potential of the Downtown.

J.

Establish clear and predictable standards for development.

The Downtown Redevelopment District is divided into three Subdistricts of Riverside, Gaslight and Clinton Avenue. Specific building and site design requirements are set forth for each Subdistrict in addition to general regulations for the entire district.

(Ord. No. 2009-05, § 1, 10-5-09)

The requirements of the Downtown Redevelopment District are applicable to change in building footprint, change in building height, major facade and exterior building renovations, and change or alteration in site design. This ordinance does not intend to impede routine repair and maintenance of existing buildings.

Exception: A change in tenant occupancy not requiring building or site construction as described above will require adherence to awning/overhang and signage requirements within thirty (30) days of tenancy. Within any thirty-six (36) month period, any building not occupied for twenty-four (24) months, consecutive or non-consecutive, within this time period shall meet the design standards of the Downtown Redevelopment District (Refer to Section 8.34 for variance procedures).

(Ord. No. 2009-05, § 1, 10-5-09)

Where a requirement or definition of the Downtown Redevelopment District imposes a greater restriction than is required by local ordinance, rules, regulations, or permits, the provisions of this section shall control, unless otherwise specified. Exception: Requirements of the City of St. Clair Building Code and St. Clair County, State of Michigan and federal agencies shall supersede the standards of the Downtown Redevelopment District.

(Ord. No. 2009-05, § 1, 10-5-09)

The provisions of this article provide the enabling authority and standards for the submission, review and approval of applications for building and land use within the Downtown Redevelopment District.

(Ord. No. 2009-05, § 1, 10-5-09)

Step 1. Is your property in the Downtown Redevelopment District?

1.

Use the Zoning Map to determine if your property is within the Downtown Redevelopment District. If yes;

2.

Locate the subdistrict the property is located in. Refer to the zoning map on page 6.

Step 2. Is your building use or land use permitted?

1.

Review Section 8.27 Building Use Table to determine if your use(s) are permitted as right, permitted as a special land use; or prohibited. If permitted as right or as a special land use, proceed to Step 3.

2.

If prohibited, resubmit application with a permitted or special land use or consult Section 8.34 Review Criteria for the variance procedure.

Step 3. Prepare submission using:

1.

Section 8.28 Subdistrict Building Standards.

2.

Section 8.29 Common Building Design Standards.

3.

Section 8.30 General Provisions.

4.

Section 8.31 Special Approval Use Provisions.

5.

Section 8.32 Signs.

Step 4. Consult the definition sections located in Article 2, Section 6.2 and Section 8.34 to understand terminology.

Step 5. Follow the submission requirements and understand:

1.

Section 8.32 Administration for procedures, roles and responsibilities of the reviewing bodies.

2.

Section 8.33 Review Criteria.

(Ord. No. 2009-05, § 1, 10-5-09)

This ordinance sets forth redevelopment standards for individual subdistricts, common building design features applicable throughout the district, site design standards, standards for special approval uses and signs.

Subdistrict Building Standards of Section 8.28 regulates build-to lines, building heights, and facade transparency.

Common Building Design Standards of Section 8.29 regulates ground floor height, facade design features and roof systems.

General Provisions of Section 8.30 regulates site features, off-street parking, circulation and special approval uses.

Special Approval Use Provisions of Section 8.31 establishes design criteria for specific building uses that promote compatibility in the downtown district.

Sign standards of Section 8.31 regulate the size, location and design of signage.

(Ord. No. 2009-05, § 1, 10-5-09)

The Downtown Redevelopment District is bounded by Vine Street on the north; St. Clair River on the east; Pine River and Pine Street on the south; Sixth Street to Witherell Street to the rear/side property line of properties abutting Third Street on the west. The Downtown District additionally includes the St. Clair Inn Planned Unit Development site on Riverside Drive north of Vine Street.

The Downtown Redevelopment District is divided into three subdistricts.

8.26.1.

Riverside Subdistrict includes the area bounded by Vine Street, St. Clair River, Witherell Street/public access easement and the Gaslight District. This area also includes the St. Clair Inn Planned Unit Development area north of Vine Street. For the property between Jay and Vine Streets, the subdistrict extends 310 feet west of the west right-of-way line for Riverside Drive (M-29).

The design intent is to redevelop the downtown as a place with a defined street edge and pedestrian friendly sidewalk. Urban design scale transitions from the tallest permitted buildings along Riverside Avenue (M-29) to residential scale buildings west of Third Street. Public rights-of-way are designed as a network of linear parks rather than solely conveying vehicular traffic.

8.26.2.

Gaslight Subdistrict includes the properties fronting or abutting Third Street between Vine Street and Witherell Street. The subdistrict segment fronting the east side of Third Street between Vine and Jay Streets has a depth of 120 feet.

8.26.3.

Clinton Avenue Subdistrict includes properties adjacent to Clinton Avenue between Riverside Drive and Sixth Street plus: commercial property between Riverside Drive and the St. Clair River; south frontage of Witherell Street from Third to Sixth Streets; and, the north frontage of Pine Street from the Pine River to Sixth Street.

(Ord. No. 2009-05, § 1, 10-5-09)

The schedule of building use identifies specific uses by category, applicability and subdistrict. The following legend applies. Uses not listed are considered prohibited.

(Ord. No. 2009-05, § 1, 10-5-09; Ord. No. 2011-05, § 1, 5-16-11; Ord. No. 2012-01, § 1, 3-5-12; Ord. No. 2016-04, § 1, 4-4-16; Ord. No. 2016-08, § 1, 5-2-16; Ord. No. 2019-03, § 1, 6-17-19)

Editor's note— Section 1 of Ord. No. 2012-01, adopted March 5, 2012, referred to veterinary office as an "allowed land use" in the Gaslight District West. The city has advised the intent was to allow this use as a "special approval use."
 Section 1 of Ord. No. 2019-03, adopted June 17, 2019, designates as a "permitted use" the rebuilding of multi-family residences and single-family residences within the subdistrict, provided that the property owner applies for a building permit within one year from the date of damage or destruction.

The Downtown Redevelopment District is composed of three subdistricts. Each subdistrict has individual character and redevelopment purpose.

8.28.1.

Riverside Redevelopment Purpose: The concept is to alter the physical complexion from a low-rise compilation of individual buildings to a vibrant higher-density district of mixed business, office and residential uses that promotes pedestrian and bicycle use. The objective is to create the economic and social hub for the City and surrounding region.

8.28.2.

Gaslight Redevelopment Purpose: This subdistrict uses its building placement and volume to provide a moderate transition from the more intense Riverside Drive Subdistrict to the established residential neighborhoods to the west. East and west sides of Third Street are regulated differently.

8.28.3.

Clinton Avenue Redevelopment Purpose: The design regulations of this Section intend to strengthen the identity of this corridor as a restaurant and entertainment destination. Regulations mitigate physical intrusion into adjacent residential neighborhoods as the district expands toward Witherell and Pine Streets.

8.28.4.

Schedule of Subdistrict Regulations.

Notes For 8.24.4. Schedule of Subdistrict Regulations.

A. A roof in the Gaslight West subdistrict must have a minimum 4:12 pitch.

B. The third and fourth stories must be setback from the ground level facade line along a right-of-way.

C. A minimum internal ground floor height of ten (10) feet is required in the Riverside Drive and Clinton Avenue subdistricts.

D. For corner lots, the Planning Commission has the authority to determine the percentage of transparency of the facade fronting the less prominent of the two (2) public streets.

(Ord. No. 2009-05, § 1, 10-5-09)

The purpose of the District Design Standards is to support the creation of a visually coherent and organized destination. Many of these standards are placed to build in human scale and proportionality supporting the pedestrian environment encouraged in the Downtown Vision Plan. The standards set design parameters but are moderately general in scope to promote creativity. The use of decoration as a means to disguise a facade or building design not meeting the intent of this Ordinance is prohibited. Standards are grouped by building component: ground floor height, exterior wall, wall projection, roof, site and prohibited features.

8.29.1.

Ground Floor. The ground floor of any building shall meet the following requirements:

A.

A finished floor for a non-residential or mixed-use building shall be flush with the exterior grade on any public sidewalk to meet barrier-free requirements.

B.

Residential buildings shall have a maximum finished floor height of four (4) feet above grade provided that barrier-free access is provided at another location.

8.29.2.

Exterior Wall.

A.

Building facades shall be divided into modules of no greater than thirty-five (35) feet in width. A module shall be delineated through the use of vertical expression lines or off-setting the exterior wall.

B.

Facade shall have a clearly defined base separated from upper floors with a sign band, cornice, awning or similar three-dimensional horizontal expression line.

C.

A cornice shall delineate and visually cap building parapets and wall off-sets.

D.

Expression lines or cornices shall not be covered or obscured from view by awnings, overhangs or tacked-on roof extensions.

E.

Ground floor entries for public access shall be provided at intervals no greater than thirty-five (35) feet.

F.

Recessed entries are required for the primary entry door to businesses or mixed-use buildings.

G.

Exterior walls shall be finished with any of the following materials:

1.

Brick (full dimension).

2.

Cementitious siding.

3.

Wood (insect and weather-resistant).

4.

Wrought iron (decorative elements).

5.

Porcelain coated metal panels on the ground level.

6.

Concrete masonry units—Decorative (shall not exceed ten (10) percent of any facade surface fronting a public street or pedestrian walk or path.)

7.

Exterior finished insulating system may be used as trim on an upper level facade and shall not exceed 25 percent of the wall surface.

8.

Planning commission has the authority to modify the requirements of Section 8.29.2 provided that exterior materials have greater durability than permitted materials and the intent of the Downtown Redevelopment Code is met.

8.29.3.

Window, Door and Opening.

A.

The use of reflective or opaque glass shall be prohibited.

B.

Tinted windows may be used as a practical solution to screen the east or west facing windows. Window tinting shall be limited to a level acceptable to the Planning Commission. An accurate sample shall be submitted to the Planning Commission for evaluation prior to a decision.

C.

Windows, doors and openings shall be defined by awnings, overhangs, change in masonry pattern or material, reveals, architectural trim or similar design solution.

D.

Windows shall have a vertical alignment. Windows in a square or horizontal opening are permitted for ground floor retail storefronts provided frames, mullions or dividers are used to create a vertical appearance.

E.

Circular and semi-circular windows limited in number and confined to accent use are permitted based on Planning Commission approval.

F.

Window frame materials shall be constructed of any of the following materials:

1.

Wood;

2.

Aluminum;

3.

Copper;

4.

Steel;

5.

Vinyl clad wood;

6.

Fiberglass;

7.

Materials similar in durability, construction and finish as permitted by the Planning Commission.

8.29.4.

Awning and Canopy: Awnings and canopies are subject to the following provisions:

A.

Depth shall not exceed five (5) feet unless permitted by the Planning Commission.

B.

A minimum of eight (8) feet shall be maintained between the finished grade and the lowest level of an awning or overhang including the valance.

C.

Shall not exceed the width of the individual window or door opening that is covered.

D.

Awnings shall maintain a height to depth ratio not exceeding a height of one and 1.5 times the depth.

E.

Awnings shall not be lit from the inside or underside.

F.

Planning Commission has the authority to modify the requirements of Section 8.29.4 provided the intent of the Downtown Redevelopment Code is met.

8.29.5.

Front Porch/Stoop: Front porches or stoops are required for residential structures.

A.

Enclosed porches prohibited.

B.

Covered and uncovered stoops are permitted.

C.

A minimum depth of six (6) feet shall be observed.

D.

Porches and stoops are permitted to extend forward of the build-to line but not into the right-of-way. The Planning Commission shall have discretion on the distance.

E.

Planning Commission has the authority to modify the requirements of Section 8.29.5 provided the intent of the Downtown Redevelopment Code is met.

8.29.6.

Balcony: A balcony is permitted subject to the following provisions:

A.

Minimum depth of three (3) feet shall be observed.

B.

Maximum depth of six (6) feet shall be observed.

C.

Balconies may be covered but shall remain open.

D.

A minimum of twelve (12) feet shall be maintained between the grade of the facade and the lowest part of a balcony.

E.

Encroachment of balconies over public property must first obtain City Council approval.

F.

Planning Commission has the authority to modify the requirements of Section 8.29.6 provided the intent of the Downtown Redevelopment Code is met and City Council approval for encroachment is granted.

8.29.7.

Arcade: An arcade is permitted on Planning Commission approval and City Council approval for encroachment onto public property.

8.29.8.

Bay Window/Chimney: A bay window or chimney is subject to the following provisions:

A.

Maximum projection of three (3) feet shall be provided.

B.

The sum total of the widths of projecting windows and chimneys shall not exceed one third (⅓) of the total length of the building wall.

C.

Transparent glass windows shall be provided on all sides of a bay window.

D.

A minimum of twelve (12) feet shall be maintained between the grade of the facade and the lowest part of an upper story bay window.

E.

A ground floor chimney shall be set on a foundation meeting the City Building Code.

F.

Planning Commission has the authority to modify the requirements of Section 8.29.8 provided the intent of the Downtown Redevelopment Code is met.

8.29.9.

Roof, Gutter and Downspout.

A.

A false or decorative roof applied to a building facade is prohibited.

B.

A flat roof shall be capped with a parapet between two (2) feet and four (4) feet in height as measured from the finished roof grade.

C.

Downspouts shall match gutters in material and finish.

D.

Roof, gutter and downspout color shall match or complement the main building facade color.

E.

Roof Finish Materials: A roof shall be finished with one of the following materials:

1.

Metal;

2.

Asphalt, slate or cedar shake shingles;

3.

Tile.

G.

Gutter Finish Materials: Gutters shall be finished with one of the following materials:

1.

Copper;

2.

Galvanized Steel;

3.

Aluminum.

H.

Planning Commission has the authority to modify the requirements of Section 8.29.9 provided the intent of the Downtown Redevelopment Code is met.

8.29.10.

Prohibited Building Design Components.

A.

Historically inaccurate windows.

B.

Undersized shutters.

C.

Plastic shutters.

D.

Reflective glass.

E.

Awnings lit from the underside or inside.

F.

Security covering on windows.

G.

Overhead doors on public streets.

H.

Screen doors in deteriorated or damaged condition.

(Ord. No. 2009-05, § 1, 10-5-09)

General provisions of Section 8.30 uniformly apply throughout the Downtown Redevelopment District.

8.30.1.

Building Front and Rear: The front or side of a building shall face the public street. Rear facing buildings, loading docks, overhead doors and service entries are prohibited on public streets, parks and paths.

8.30.2.

Exceptions From Build-To Lines.

A.

Exceptions from build-to lines may be granted by the Planning Commission for civic buildings.

B.

Exceptions from build-to lines are permitted to accommodate the dimensional requirements for a clear vision zone at street intersections. The Planning Commission shall treat the clearance dimension as absolute and not a minimum.

8.30.3.

Intersection Visibility.

A.

Intersection visibility requirements of Section 5.10 of the Zoning Ordinance shall be followed.

B.

Upper stories are exempt from this requirement provided that no ground support is in the intersection visibility zone.

8.30.4.

Off-Street Parking—Surface Lots.

A.

Off-street parking is not permitted in a front yard.

B.

The number of parking spaces shall be calculated using the following requirements:

A.

Parking ratios are exact and shall not be construed as minimum or maximum requirements.

B.

A parking space shall not be located within three feet of a right-of-way line or pedestrian walk/path.

C.

Minimum parking space dimensions as required within the Section 7.3 shall be adhered to.

D.

Shared parking solutions are encouraged. In determining such approval, parking need not be contiguous with the building or use served.

E.

Planning Commission has the authority to credit the number of required off-street parking spaces in lieu of a shared parking arrangement.

8.30.5.

Driveway Location.

A.

New drives shall not be located directly adjacent to an existing driveway.

B.

New drives shall be aligned directly across the street or off-set by a minimum of 125 feet from an existing drive.

C.

New drives shall be located a minimum sixty (60) feet from an intersection.

D.

Areas not required for parking shall be landscaped.

E.

A change in material, texture or use of high-visibility markings shall be provided where pedestrian circulation crosses vehicular routes.

F.

Planning Commission has the authority to modify the requirements of Section 8.30.5 if the criteria set forth in Subsections A.—E. cannot be met because of existing conditions.

8.30.6.

Exterior Equipment: Ground-mounted equipment, antenna and satellite dishes greater than eighteen (18) inches in diameter shall be located in rear or side yards and shall not face public streets and parks/squares.

8.30.7.

Walls, Fences and Hedges: Walls, fences and hedges shall meet the following criteria:

A.

Segments of public rights-of-way not occupied by buildings shall be delineated by a wall, fence or hedge.

B.

Required screening elements shall be one hundred percent (100%) opaque.

C.

Permitted maximum and minimum heights include:

1.

Front Yard:

a.

Maximum of forty-two (42) inches.

b.

Minimum of thirty (30) inches.

2.

Side and Rear Yard:

a.

Maximum of six (6) feet.

b.

Minimum height of forty-two (42) inches.

D.

Walls and fences shall be constructed of one or more of the following finish materials:

1.

Wood (insect and weather resistant);

2.

Brick;

3.

Decorative masonry units provided the wall finish matches the primary building finish;

4.

Wrought iron;

5.

Reinforced concrete;

6.

Fiberglass.

E.

Planning Commission has the authority to modify wall, fence and hedge requirements with the exception of Section 8.30.7.B.

8.30.8.

Utility Placement: New utilities shall be placed underground.

8.30.9.

Street Furniture: The design, type and locating of street furniture shall be approved by the Planning Commission.

8.30.10.

Street Trees: Street trees are required as part of a development application and shall be planted with a spacing of 35 feet. Trees shall be of a species permitted by the City of St. Clair Code of Ordinances. The Planning Commission has the authority to modify spacing requirements to accommodate entries, curb cuts, fire hydrants and street amenities.

8.30.11.

Yard Landscaping: All yards shall include a lawn or plaza except where pedestrian paths and off-street parking areas are located.

8.30.12.

Landscape Material: Landscape standards shall meet the following requirements:

A.

Trees shall be a minimum two-inch caliper.

B.

Trees shall be of a species permitted by the city. Planning Commission shall prohibit any permitted tree species if a disease is known at the time of approval.

C.

Trees, shrub and plant material shall comply with Federal, State, County and local laws requiring inspection for plant disease and insect control; shall meet the American Standards for nursery Stock; shall be nursery grown; and shall be compatible with the climate category set forth by the United States Department of Agriculture for this region. The Planning Commission may require applicant to provide documentation certifying that the requirements of this Section are met.

D.

Automatic underground sprinkler systems shall be installed and maintained for all landscaped areas.

E.

A mandatory performance bond in an amount set by Planning Commission may be required.

8.30.13.

Prohibited Site Components.

A.

Outdoor storage;

B.

Chain-link, barbed or security wire or wire mesh.

8.30.14.

Civic Sites: Civic buildings shall not be subject to build-to or building frontage requirements. Design shall be subject to review and approval by the Planning Commission. Civic buildings include, but are not limited to, municipal buildings, churches, libraries, schools, recreation facilities and places of assembly.

8.30.15.

Accessory Structure: Accessory structures shall meet the following requirements:

A.

No accessory structure or use shall be permitted in the Riverside Drive Subdistrict.

B.

An accessory structure shall not exceed one and one-half (1 ½) stories and sixteen (16) feet in height.

C.

The structure footprint does not exceed 500 square feet.

D.

Exterior material shall match the primary building(s) in type and color.

E.

Exterior doors opening to a vehicle or equipment garage, loading/storage area or workshop shall not face a public street. This requirement shall not apply to openings facing a public alley.

F.

Structures are located in a rear yard.

(Ord. No. 2009-05, § 1, 10-5-09)

8.31.1.

Outdoor or Sidewalk Cafe: An outdoor or sidewalk cafe shall meet the following requirements:

A.

Minimum of six (6) feet of unobstructed clear path within the right-of-way shall be maintained for pedestrian circulation.

B.

Umbrellas shall have a minimum clear height of seven (7) feet six (6) inches from grade to the tip of the rib.

C.

Operators/owners of sidewalk cafes shall:

1.

Obtain an encroachment permit for cafe's extending into a public right-of-way.

2.

Provide waste receptacles.

3.

Remove garbage and litter of the cafe; and all property within 100 feet within one hour of close of business.

4.

Continually clean tables of plates, cutlery, glasses and food products.

5.

Provide liability insurance naming the City of St. Clair as an additional insured as approved by City Council.

6.

Agree to identify, hold harmless and to defend, at the sole expense of the operator/owner, any action brought against the City based upon the issuing of a building or encroachment permit for this use. The operator/owner shall indemnify and reimburse the City for any judgment for damages, court costs and attorneys' fees that the City may be required to pay as a result of such action. The City, at its sole discretion, may participate in the defense of any such action, but such participation shall not relieve operator/owner of the obligations of this condition. Commencement of construction or operations under this permit shall be deemed to be acceptance by operator/owner of all conditions of this permit.

D.

The Planning Commission may set additional conditions to support the economic and social health of the District.

8.31.2.

Outdoor Sales and Display: An outdoor sales and display area shall meet the following provisions:

A.

The outdoor sales or display area shall be an extension of an abutting business.

B.

The outdoor sales or display space shall locate directly adjacent to the indoor space of the business seeking application.

C.

Maximum area shall not exceed the greater of 25 percent of the indoor ground floor area or 1,000 square feet.

D.

The Planning Commission may waive these requirements upon demonstration by an applicant that the intent of the Downtown Redevelopment Code continues to be met.

8.31.3.

Structured Parking: Off-street parking structures shall meet the following provisions:

A.

Incorporate attached or detached liner buildings along the right-of-way.

B.

Detached liner buildings shall meet the location, volume and height restrictions of like uses set forth in the Downtown Redevelopment District.

C.

Parking structure and the lighting, stairwell, elevator equipment and similar equipment shall exceed the height of the liner buildings.

D.

Structured parking without liner buildings as permitted by the Planning Commission shall have the following design features:

1.

Landscaped greenbelt incorporating ground plants, perennial and annual flowers, shrubs and deciduous trees.

2.

Fenestrations shall have a vertical appearance. The appearance of horizontal bands is prohibited.

8.31.4.

Large Footprint Buildings: Buildings with a footprint greater than 20,000 square feet shall meet the following requirements:

A.

One-story buildings shall have a minimum height of twenty four (24) feet. The height can be accomplished through the use of multiple-story liner buildings, taller ceiling heights and parapets

B.

Facades fronting public streets or internal walks and paths shall be divided into maximum modules of thirty five (35) feet. Such modules shall be delineated by a vertical expression line or off set of the exterior wall.

C.

Shall reinforce the pedestrian-oriented character through adhering to design standards set forth within and continuing a linked system of sidewalks and pedestrian paths.

D.

Loading docks, service areas and trash disposal areas and equipment shall not face streets, parks, squares or significant pedestrian spaces.

8.31.5.

Theaters: Theaters shall adhere to the following requirements:

A.

Circulation and parking shall not cause blockage of surrounding street system.

B.

Provide a written description of the operational hours, types of movies and performances, valet service and outside customer waiting.

8.31.6.

Utility Installations: Utility installations, including essential services, shall meet the following requirements:

A.

Demonstrate the need to locate a utility installation in the Downtown Redevelopment District. This demonstration shall include reasonable diligence in locating the subject installation outside of the District.

B.

Opaquely screen buildings, equipment and security fencing from public and private view.

C.

Prohibit outdoor storage.

D.

Unattended vehicles shall not be located on-site with the exception for maintenance.

8.31.7.

Hotels: Hotels shall meet the following requirements:

A.

Provide a full-service restaurant.

B.

Locate the main guest entry on a primary street.

C.

Integrate room ventilation into the building design

8.31.8.

Planned Shopping Center: A planned shopping center shall meet the requirements of a large footprint building.

8.31.9.

Veterinary Offices: Veterinary offices shall meet the following requirements:

A.

Administer to common household animals only.

B.

Prohibit kenneling of animals.

C.

Prohibit outside exercise and storage areas.

D.

Not be considered a clinic or a hospital.

8.31.10.

Poolrooms: A poolroom shall:

A.

Provide a written description of the operational hours, other services provided such as the serving of alcohol or food, and indicate whether the use is part of a larger entertainment facility or other venue.

B.

Not located within 500 feet of public, private or parochial school building or church building.

8.31.11.

Vehicle Refueling Station: A vehicle refueling station shall:

A.

Retail gasoline or diesel fuel.

B.

Limited convenience store area to an accessory use not exceeding fifty (50) percent of the building area.

C.

Minimize the number of access drives.

D.

Locate access drives away from intersections.

E.

Design pump canopy(ies) to complement and match the primary building design.

F.

Prohibit repair, fluid changes, detailing and auto washing.

G.

Planning Commission may permit the retailing of bio-fuels, electricity and similar fuel sources for vehicles based on demonstrated need by an applicant.

(Ord. No. 2009-05, § 1, 10-5-09)

Standards for sign design and placement are set forth in the Schedule of Sign Regulations.

8.32.1.

Part I Schedule of Sign Regulations: Maximum Area Permitted: A building may select one of the following signs unless permitted otherwise.

8.32.2.

Part II Schedule of Regulations: Signs meeting the following conditions are exempt from Section 6.3.1 and do not require permits unless specifically stated otherwise.

8.32.3.

Additional Signage Criteria.

A.

Rear or side entry sign: Max. six (6) sq. ft.

B.

Awning valance not exceeding four (4) sq. ft. per valance is permitted in addition to the main signage for non-residential or mixed-use development. Lettering shall not exceed eight (8) inches in height.

C.

A fuel price sign is permitted provided that:

a.

Price is displayed as a single color on a dark background.

b.

Message shall only reflect the fuel sales price.

c.

Requirements of Sections 6.4.3(B) and 6.4.5 of the Zoning Ordinance are met.

D.

An electronic message sign/animated sign is permitted in the Clinton Avenue, Riverside, and Gaslight districts provided that:

a.

Such sign is wall mounted.

b.

The maximum area of all electronic message signs/animated signs shall be considered a part of a wall or freestanding sign and shall not exceed fifty percent (50%) of the total permitted sign area. This may be considered additive to the allowed sign area for that district, subject to the review and approval of the Planning Commission.

c.

Requirements of Section 6.4.5 Electronic Message Signs/Animated signs are met.

E.

Signage facing the St. Clair River or Pine River is permitted provided that:

a.

A property shall abut the St. Clair River or Pine River.

b.

The total sign area for a property abutting the St. Clair River shall not exceed one hundred percent (100%) of the permitted sign area.

c.

The total sign area for a property abutting the Pine River shall not exceed fifty percent (50%) of the permitted sign area.

d.

Additional dimensional requirements for permitted signs shall be met.

e.

Signage shall be positioned between a building and the riverfront.

F.

Banner Sign: Public Property - Temporary banner signs are permitted within a public right-of-way or on public property. City Council has the authority to grant such permission and to establish criteria for location, size, time limits, content and other criteria deemed appropriate to protect public health, safety and welfare. If a governmental agency other than the City owns the property, written permission from that agency shall be required prior to City Council approval. See also 6.5.8 and 6.5.9.

G.

Banner Sign: Private Property - Temporary banner signs are permitted on private property provided the following criteria are met.

1.

A sign shall be displayed for a period not to exceed 45 days per one (1) year period and in increments of time from three (3) to twenty-one (21) consecutive days at a time.

2.

A sign shall be removed within forty-eight (48) hours of the conclusion of the event.

3.

Advertising of a community event is exempted from time constraints. Signs shall not be erected more than twenty-one (21) days prior to an event and shall be removed within forty-eight (48) hours after the close of the event.

4.

A business, non-profit agency or leasing entity shall be permitted one sign.

5.

A sign shall not exceed twelve (12) square feet for one side or a total of twenty-four (24) square feet for all sides.

6.

Illumination is prohibited.

7.

A sign shall be registered with the City of St. Clair Building Department.

H.

Access directional signs not exceeding four (4) sq. ft. in area and limited to three (3) feet in height to the top of the sign for ground mounted signs.

I.

Business directories for multiple tenants not exceeding six (6) sq. ft. and wall mounted. Interior illumination is prohibited.

J.

"Open" or "Closed" signs not exceeding four (4) sq. ft. in area. One (1) per business. The use of neon is permitted. Fixed lighted and unlighted open or closed signs, including LED or neon open signs are permitted up to maximum of four (4) sq. ft.

K.

A menu not exceeding six (6) sq. ft. is permitted to be displayed adjacent to a restaurant main entrance.

L.

Sidewalk and Valet Signs are permitted provided the following criteria are met:

1.

One (1) sign is permitted per business.

2.

The sign must be removed during hours that business is not open.

3.

A sign located in the public right-of-way shall not exceed four (4) feet in height and six (6) square feet in area for any one side.

4.

A sign on private property shall not exceed five (5) feet in height and eight (8) square feet in area for any one side.

5.

Illumination is prohibited.

6.

A sign shall not obstruct doorways, entries, sidewalks pedestrian paths and other non-motorized path systems.

7.

A minimum of four (4) feet of continuous clear space shall be maintained between the street curb area and a sidewalk or valet sign.

M.

A multiple-family residential development is permitted to have one (1) identification monument sign. The sign shall be located at the main entry and shall not exceed thirty-two (32) sq. ft. in area per side.

N.

Flags and bunting promoting a national holiday or community event are permitted.

8.32.4.

Planning Commission Interpretation: The Planning Commission may interpret the intent of Section 8.32, Signs, in accordance with the following:

A.

The Building Official may send a sign application to the Planning Commission for interpretation as to size, style, illumination and design.

B.

The Planning Commission may modify the requirements of this Section 8.32 based on functional hardship.

C.

Marquee and electronic message signs/animated signs meeting the requirements of Section 6.4.5 may be approved by the Planning Commission.

D.

Planning Commission may require written description, visual graphics, plans, elevations and other applicable support for an interpretation or modification.

8.32.5.

Multi-Tenant Buildings: A master sign plan is required for developments accommodating multiple tenants. The plan shall meet the requirements of this Section. The master sign plan shall be applicable to current and future users of the building. The City shall enforce the master sign plan when processing a certificate of occupancy or site plan application. The Planning Commission can approve a new master sign plan upon application. Also see definition of "Master sign plan" and Section 6.4.2 Master Sign Plan.

8.32.6.

Additional Regulations: The following Sections are applicable to the Downtown District sign schedules:

• 6.1 General provisions.

• 6.2 Definitions.

• 6.3 Permits and general requirements.

• 6.4.2 Master Sign Plan

• 6.4.5 Electronic message signs/animated signs

• 6.5 Exempted signs, except for banner and window signs.

• 6.6 Prohibited signs.

• 6.7 Nonconforming signs.

• Definitions of the Downtown Redevelopment District.

8.32.7.

Prohibited Signs: Any sign not specifically permitted by this Ordinance shall be considered prohibited for the purposes of this Section. See also Section 6.6. for a complete listing of Prohibited Signs. The following signs are also prohibited:

• Neon, except for "open" or "closed" signs with a maximum area of four (4) sq ft.

• LED illumination. Except as specifically allowed for electronic message signs/animated signs, "open", "closed", and gas station signs.

• Trailer or vehicle mounted sign.

• Imitation traffic.

• Roof, except letter signs as permitted in the sign schedule.

• Lasers, searchlights and other high-intensity illumination.

• Advertising of a product or service on a flag or bunting.

• Pennants, streamers and similar types of advertising.

(Ord. No. 2009-05, § 1, 10-5-09; Ord. No. 2011-05, § 1, 5-16-11; Ord. No. 2018-06, § 1, 4-2-18; Ord. No. 2020-01, § 2, 1-20-20)

8.33.1.

Submission Requirements: Submitted plans shall meet the requirements of Section 9.1.3 of the City of St. Clair Zoning Ordinance. The following additional items shall be submitted:

A.

Legal description.

B.

Site survey showing existing buildings, natural features and trees on site and buildings, driveways and rights-of-way within 100 feet.

C.

Building elevations illustrating all facades of principal and accessory structures.

8.33.2.

Review Process: An application for site plan approval is subject to review and approval by the administration or by the Planning Commission. Criteria for enacting the review procedure is provided in Sections 8.33.3 through 8.33.5.

8.33.3.

Administrative Review: Site plan applications limited in extent and scope are administratively reviewed and decided upon by the City of St. Clair Building Official or designee. A site plan is required to meet the requirements of the Zoning Ordinance. Administrative review is applicable for:

A.

Additions not exceeding the lesser of twenty percent of existing building ground floor area or 2,000 sq. ft.

B.

Normal maintenance such as window and door replacement and repair to exterior building materials, roof and gutters and non-structural bearing walls. Repairs shall not exceed fifty percent of the replacement value of the building in any consecutive 12-month period.

C.

Change in occupancy provided the proposed use is similar in terms of traffic generation, waste removal and does not increase noxious detriments to the social, economic and physical well-being of surrounding development.

D.

Permanent and temporary sign requests.

8.33.4.

Design Review Committee: For site plans requiring Planning Commission review, a design or designee committee comprised of the Planning Commission Chair, City Superintendent and building department representative shall review building elevations and site design and advise the applicant prior to review by the full Planning Commission. This committee is advisory and will issue a findings report to the Planning Commission. The committee may designate alternate members and may use the services of applicable consultants in preparing a report. The report shall describe how the proposed project conforms to the standards of the Zoning Ordinance.

8.33.5.

Planning Commission: Site plan applications exceeding administrative review responsibility shall be reviewed and decided upon by the Planning Commission. Planning Commission responsibility includes:

A.

Review recommendations of design review committee.

B.

Review the site plan application and all submitted materials.

C.

Approve, postpone, table or deny application.

D.

Acts on appeals of administrative and design subcommittee decisions in regard to regulations for the design and use of buildings and land.

E.

Incorporate statement of conclusions within a motion. Such statement shall describe how the proposed project conforms to the:

1.

Downtown Redevelopment District regulations.

2.

Applicable provisions of the City of St. Clair Zoning Ordinance.

3.

City of St. Clair Master Plan.

4.

All other codes and ordinances regulating the use of land.

E.[F.]

Planning Commission has the authority to modify or waive the requirements of the Downtown Redevelopment Code where authorized. In no instance shall such authority permit development that conflicts with the Downtown Vision 2020 plan and the intent of the Downtown Redevelopment Code.

8.33.6.

City Council: The City Council shall act as the Zoning Board of Appeals for site plan applications within the Downtown Redevelopment District. The City Council shall:

A.

Act on appeal from a decision of the Planning Commission or administration;

B.

Act on appeal for building and land use;

C.

Grant variances from the strict interpretation of the Downtown Redevelopment District. In doing so, City Council can impose reasonable conditions upon a decision to approve. Imposed conditions shall do all of the following:

D.

Protect the health, safety and welfare, as well as the social and economic well-being of those that will use the land, use or activity under consideration; residents and landowners immediately adjacent to the proposed land use or activity; and the community as a whole;

E.

Protect natural resources;

F.

Relate to the valid exercise of the police power and purposes which are affected by the proposed land use or activity;

G.

Meet the intent and purpose of the zoning regulations;

H.

Relate to the standards established for the building or land use or activity under consideration and ensure compliance with those standards.

(Ord. No. 2009-05, § 1, 10-5-09)

Review criteria are established to make certain that all applications are treated equally during the application review process. City Administration, Design Review Committee and Planning Commission and City Council shall adhere to the following review criteria during its evaluation process.

8.34.1.

Design Review.

A.

Approval of the site plan application upon conformance to all provisions of the City of St. Clair Downtown Redevelopment District, applicable provisions of the Zoning Ordinance and applicable provisions of codes and ordinances affecting land use and development in the City of St. Clair.

B.

Approval is in the best interest of the public health, safety and welfare of the City.

C.

Design considerations including building placement, mass and height; circulation and parking; walls and fences; and similar elements provide a desirable physical and social environment meeting the intent of this Section.

D.

Design considerations including exterior materials and color; windows; lighting and signage, awnings and overhangs; trim and similar features provide a desirable physical and social environment meeting the intent of this Section.

E.

Design considerations including the location, type, size color, texture and coverage of plant materials to soften the hard edges for the time of planting and after a five (5) year growth period and similar elements have been considered. A provision for irrigation and maintenance shall accompany landscape plans.

F.

Hours of operation will not adversely affect the health, safety and welfare of the public.

8.34.2.

Special Approval Use Review: This Ordinance recognizes that certain building and land uses can coexist in the Downtown Redevelopment District but only if special design standards are followed to alleviate public health, welfare and safety concerns of a social, physical and economic nature. The design provisions located in the Downtown Redevelopment District and the Zoning Ordinance are valid unless a stricter standard is required by Section 8.30 General Provisions.

A.

The Planning Commission shall review the proposed special approval use in terms of the standards stated within this Ordinance and shall establish that such use and the proposed location:

1.

Is consistent with the intent and objectives of the City of St. Clair Master Plan.

2.

Is consistent with the intent of the City of St. Clair Zoning Ordinance.

3.

Is consistent with the intent of the Downtown Redevelopment District.

4.

Conforms to the placement, massing and height standards of the Zoning Ordinance.

5.

Conforms to the architectural and site design standards of the Downtown Redevelopment District.

6.

Use conforms to all other codes and ordinances regulating the use of land.

7.

Acceptable access for vehicles and pedestrians, levels of traffic generation and public service capacity for the development and surrounding uses—existing and future—are proposed.

8.

No adverse impacts to the surrounding businesses, residences and public facilities will be experienced or are anticipated.

9.

No adverse environmental impacts will be experienced or are anticipated.

10.

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

B.

The Planning Commission has authority to require a traffic study, market study, additional architectural, site and sign drawings and similar documents to make certain that the special use does not negatively impact the area.

C.

The Planning Commission shall adhere to the process requirements of Section 3.5.

8.34.3.

Variance Review: City Council shall adhere to the following review criteria when evaluating a variance request.

A.

Shall not be contrary to the public interest and to the spirit and intent of the Downtown Redevelopment District.

B.

Shall not permit the establishment of any use which is not permitted by right within the district.

C.

Shall not cause any adverse effect to property within the vicinity.

D.

Shall affect only property subject to exceptional or extraordinary circumstances or conditions that do not generally apply to other property or uses in the vicinity, and have not resulted from any act of the applicant.

E.

Shall only be granted in order to avoid practical difficulties or unnecessary hardship which would result from enforcement of the strict letter of this Ordinance.

F.

Shall not be issued if the circumstance is general or recurrent in nature and the amendment to the ordinance is the practical method of alleviating the occurrence.

8.34.4.

Variance Restrictions: A variance shall be restricted by the following conditions:

A.

Grant no more than the minimum variance necessary to relieve the practical difficulty or unnecessary hardship from the terms of this Ordinance shall be granted.

B.

An application for a variance which has been denied wholly or in part by the City Council shall not be resubmitted for a period of one (1) year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the City Council to be valid.

C.

Each variance granted shall become null and void unless the provisions of the variance have been utilized by the applicant within six (6) months after the granting of the variance.

D.

Prior to granting a variance, all other existing infractions related to this Ordinance or other City Codes related to the variance request shall be resolved.

8.34.5.

Amendment to the Downtown Regulating Code: Planning Commission and City Council shall consider the following criteria when amending the Downtown Redevelopment District.

A.

Proposed amendment is consistent with the City of St. Clair Master Plan and Downtown Vision Plan.

B.

Proposed amendment would not be detrimental to the health, safety, welfare and public interest of the City of St. Clair.

C.

Proposed amendment is internally consistent and does not conflict with the purposes, regulations, and required findings of the City of St. Clair Zoning Ordinance or other codes and regulations affecting development in the City.

(Ord. No. 2009-05, § 1, 10-5-09)

Defined terms listed below are specific to Downtown Redevelopment District and not set forth within Article 2 of the Zoning Ordinance. Refer to Article 2 Definitions and Article 6 Signs for definitions not specified in Section 8.36

8.35.1.

Definitions of Building and Site Elements:

Alley: A publicly or privately owned secondary way which affords access to the side or rear of abutting property.

Appurtenances: Architectural features consisting of: spires, belfries, cupolas or dormers; silos; parapet walls, and cornices without windows; chimneys, ventilators, skylights, and antennas.

Architectural Trim: The finished woodwork or similar used to decorate, border or protect the edges of openings or surfaces.

Awning: A rooflike cover of canvas or other material extending in front of a doorway or window or over a deck or balcony used to provide protection from the sun or rain.

Balcony: An elevated platform projecting from the wall of a building supported by either a cantilever or brackets and enclosed by a railing or parapet.

Bay Window: A series of windows projecting outward from the main wall of a building and forming a bay or alcove in a room within.

Build-To Line: A line parallel to the property line along which a building shall be built.

Building Frontage: The vertical side of a building which faces the primary space or street. Corner lots are considered to have two building frontages.

Building Placement: The location of a building foundation on a property.

Building Volume: The space displaced by the exterior walls and roof of a building; a product of building width, depth, and height. Building volume is regulated in order to shape public spaces that are human-scaled, well-ordered, and which maximize the amenity of shared public spaces.

Building Width: The distance from one side of a building frontage to the other. In conditions where buildings are attached, building width is the distinction between buildings which shall be expressed via a change in architectural expression.

City of St. Clair Master Plan: The City of St. Clair's official land use vision and policy statement.

Colonnade or Arcade: A covered open-air walkway at standard sidewalk level attached to or integral with the building frontage; overhead structure is supported architecturally by columns or arches along the sidewalk.

Cornice: A continuous molded projection that crowns a wall or other construction or horizontally divides it for compositional purposes.

Deck: An elevated platform that meets one of the following criteria:

- Finished roof area

- Building extension that is independently supported or partially supported from the building.

- A deck is not considered a porch or stoop as defined by this Ordinance.

Downtown Vision Plan: The City of St. Clair Downtown Development Authority's official building use and urban design vision and policy statement. This plan is adopted into the City of St. Clair Master Plan.

Eave Line: The overhanging lower edge of a roof. Required dimensions are taken to the lowest elevation of the overhang, or in the event of an irregular horizontal line, an acceptable dimension is at the discretion of the Planning Commission.

Expression Line: Horizontal or vertical delineation of a facade or exterior wall through the use of recessed or projected reveals of a minimum two (2) inches in width and depth or an off-set in the exterior wall.

Exterior Wall: A wall forming part of the envelope of a building, having one (1) face exposed to the weather.

Facade: The front of a building or any of its sides facing a public right-of-way or space.

Fenestration: The design, proportioning and disposition of windows and other exterior openings of a building.

Finished Floor: The wearing surface of a floor, usually laid over a sub-floor.

Finished Grade: The elevation of drives, walks, lawns or other improved surface after completion of construction or grading operations.

Frame: A skeletal structure of members designed to give shape and support to a building or other construction.

Front Porch: A roofed area, attached at the ground floor level or first floor level, and to the front of a building, open except for railings, and support columns.

Garden Wall: A freestanding wall along the property line dividing private areas from streets, alleys, and or adjacent lots.

Ground Floor Height: Height of the floor space nearest the ground level between the finished floor and finished ceiling.

Height: The vertical distance from the lowest point on the tallest side of the structure to the top of the parapet, cornice or eave.

Liner Building: A building built in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a facade that has doors and windows opening onto the sidewalk. Parking garages and their liners may be built at different times.

Micro Brewer, Small Wine Maker and Small Distiller: Any business whose primary purpose is the creation of alcoholic beverages, where such business has been granted a license issued by the State of Michigan Liquor Control Commission for such operation.

Module: The subdividing of a long wall into a composite of identifiable sections causing a vertical rhythm. The dimensions of such are used as a standard for determining the proportion of overall construction.

Molding: A long, narrow and ornamental surface with a uniform cross-section and profile shaped to produce modulations of light, shade and shadow.

Mullion: A vertical member within the lights of a window.

Muntin: A rabbeted member for holding the edges of windowpanes within a sash.

Opaque: Visually impenetrable surface capable of completely obscuring objects from view. Variants are expressed in percentages of opacity that will permit less than total light and visual penetration.

Overhang: A projection of a wall framing the upper level of a fenestration. Overhangs are constructed of a metal framework and not covered.

Parapet: A low protective wall that rises above the roof.

Porch: An exterior appendage to a building forming a covered approach or vestibule to a doorway.

Primary Space or Street: The space or street that a building fronts. At squares and street intersections the space or street highest in the hierarchy is the primary street.

Redevelopment: The process of restoring property to a better condition.

Reflective Glass: Glass having a thin translucent metallic or other coating bonded to the exterior or interior surface to reflect a portion of the light and radiant heat that strikes it.

Roof: The external upper covering of a building, including the frame supporting the roofing

Roof types:

Flat - A roof having no slope or one with only a slight pitch so as to drain rain water.

Shed - A roof having a single slope.

Pitch - A roof having two or more slopes including a gable, hip, curb (mansard or gambrel), butterfly (inverted slope), pavilion, rainbow, barrel and sawtooth.

Shutter: A hinged cover or screen for a window.

Sill height: Height measured from finished grade to the horizontal member beneath a window opening.

Site: The geographic location of a construction project defined by legal boundaries.

Skylight: A glazed opening in a roof or ceiling for admitting daylight.

Stacking Lane: A road used to queue vehicles accessing a drive-through facility.

Stoop: A small platform and/or entrance stairway at a house door commonly covered by a secondary roof or awning.

Storefront: Building frontage for the ground floor usually associated with retail uses.

Subdistrict: One of three geographically smaller areas within the Downtown Redevelopment District exhibiting unique architectural and site design attributes.

Structured Parking: Layers of parking stacked vertically.

Tinted Glass: Glass having a chemical admixture to absorb a portion of the radiant heat and visible light that strikes it.

Transparent: Surface capable of transmitting light so that bodies and objects situated beyond or behind can be seen.

Umbrella Rib: Structural frame of an umbrella canopy.

Valance: A vertical ornamental covering hung over the edge of an awning.

Window box: A box designed to hold soil for growing plants at or on a windowsill.

Window Sill: The horizontal ledge at the base of a window opening.

8.35.2.

Definitions of Building Use Types.

Convenience Market: A business whose primary activity is the retail sale of food, beverages, and small personal items, predominantly for off-premises consumption and typically found in establishments with long or late hours of operation and in relatively small buildings. Convenience market/store does not include establishments whose operation is primarily characterized by (a) the sale of alcohol, such as a liquor store; (b) on-site preparation of food, such as a delicatessen or restaurant; (c) stores which sell fresh fruits, vegetables, and/or meats, such as a food store; or (d) a gas station with the retail sales area for food and drink products of one hundred (100) square feet or less.

Drive-Through Facility: An establishment that by design, physical facilities, service or packaging procedures encourages or permits customers to receive service or obtain goods while remaining in their motor vehicles. This definition includes the drive-through lanes, ordering point and pick-up window or any combination thereof.

Fast Food Restaurant: A business where the primary serving of food is for take-out in disposable or non-returnable containers, provided that the business may provide a table and seating area for patrons to consume food and beverage on premises.

Full-Service Restaurant: A place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch and dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of food which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods shall not constitute a full-service restaurant.

Gas Station: A retail business establishment limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication and repair. Major automotive repairs, engine, transmission and differential overhaul, painting and body and fender work are excluded except for such uses that are otherwise permitted in the district. "Service Station" as used in this title does not include chain, automatic or coin-operated wash racks. A gas station use with greater than one hundred (100) square feet of retail sales, unrelated to automobile service, shall be considered to include a convenience market and must meet the regulations for a convenience market.

Indoor Sports and Recreation: Includes participant sports and health activities conducted in an enclosed building.

Live/work quarters: An area comprised of one (1) or more rooms that accommodates joint work activity and residential occupancy and includes (1) working space reserved for and regularly used by one (1) or more of the persons residing therein, and (2) cooking, sleeping and sanitary facilities. All living space shall be contiguous with and made an integral part of the working space with direct access between living and working areas.

Neighborhood market/store: Includes delicatessens and other specialty food shops and also establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat.

Nightclub: Any bar, cocktail lounge or restaurant, other than a cabaret, wherein live entertainment is provided. Live entertainment means any use of any premises, whether a principal or subsidiary use, which involves the presentation of music or voice by live entertainers to a specific audience or for the incidental enjoyment of patrons more than three (3) or more times during a calendar year.

Sidewalk Cafe: An area used for sit down eating and drinking situated in the permitted space between the build-to line and outside curb line.

Theater, Performance Space: An enclosed building used for public assembly and/or entertainment, including sports events, theatrical performances, concerts and recitals. Theater shall include auditorium.

(Ord. No. 2009-05, § 1, 10-5-09; Ord. No. 2016-04, § 1, 4-4-16)