St Clair City Zoning Code

ARTICLE V

- USE REGULATIONS BY ZONING DISTRICT

Section A. - Zoning district A-1, General Agricultural district.

(1)

Permitted uses. In zoning district A-1, no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Agricultural uses such as nurseries, truck gardens, berry or bush crops, tree crops, flower crops, orchards, aviaries and apiaries, and the raising of field crops.

(b)

Single-family dwelling.

(c)

Two-family dwellings.

(d)

Churches, mosques and synagogues.

(e)

Garage sales.

(f)

Home occupations.

(g)

Public parks and playgrounds, including public recreation or service buildings within such parks.

(h)

Public buildings, facilities and utilities, including but not limited to, police and fire stations, administrative buildings, libraries and museums.

(i)

Public reservoirs, wells, water towers, filter beds, water supply plants, and water or wastewater pumping stations.

(j)

Public schools, elementary and secondary, and public institutions of higher learning including gymnasiums, stadiums, and dormitories if located on the campus of such school. Before any building or structure shall be hereafter constructed on a campus of an institution of higher learning, a development plan of the campus shall be submitted to the commission, and after a public hearing, the commission shall report its recommendations to the board of aldermen. If the board of aldermen shall approve the development plan by ordinance, such plan shall be filed with the permanent records of the city. The development plan shall show existing and future buildings, parking areas, streets and drives, athletic facilities and other features that may affect surrounding property or the public interest. The building inspector or zoning code administrator shall determine, or cause to be determined, that any building or structure hereafter constructed substantially conforms to the approved plan prior to the issuance of a building permit. If at any time a major deviation from the approved development plan is proposed, said plan shall be amended and submitted to the commission and the board of aldermen for approval in the same manner as the original plan.

(k)

Publicly owned and operated community buildings.

(l)

Surface transportation, pipelines, utility easements and rights-of-way.

(m)

Temporary real estate sales office. This does not include a mobile or portable building or portable structure.

(n)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(o)

Any other use similar to the foregoing permitted uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed permitted uses, there shall be taken into consideration any objectionable characteristics of the proposed use including, but not be limited to the emission of odor, dust, smoke, gas, fumes, noise, light, or vibration, and provided further, however, that any such substantially similar proposed use shall be consistent in all respects with the provisions of this Code.

(p)

Temporary concession structure only on property owned by the city and currently used as a park for no more than five days in a calendar year and the temporary concession structure obtains a business license and a temporary concession permit prior to operation.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district A-1 only after the issuance of a conditional use permit pursuant to the provisions of Article XIV, Conditional Use Regulations and other applicable sections of this Code and city ordinances:

(a)

Agricultural uses such as grazing, pasturing, breeding and raising of livestock or poultry.

(b)

Airports, airfields and heliports.

(c)

Bed and breakfast homes.

(d)

Cemeteries, which may include mausoleums thereon, for humans.

(e)

Earth sheltered homes.

(f)

Golf courses, country clubs and clubhouses appurtenant thereto.

(g)

Hospitals, nursing homes and similar facilities.

(h)

Kennels.

(i)

Mortuaries and funeral homes, which may include crematoria, for humans.

(j)

Private clubs and lodges including swimming or tennis clubs.

(k)

Private lakes and reservoirs.

(l)

Private schools with curriculum equivalent to that of a public elementary or high school, colleges, and academies, including business, commercial, computer, dancing, martial arts, music, trade and vocational.

(m)

Recreational activities including swimming pools, miniature golf courses and related recreational activities, to the extent any such activities are not incidental to the normal residential use of the premises.

(n)

Residential group homes with consideration given pursuant to the conditions set forth in the provisions for special use to also include: The operators of group homes or homes, the characteristic of the occupants, the type of supervision, the size of the site and density, activities associated with the operation of the group home, duration of activities, vehicular activities and impact on the neighborhood, off-site impact of activities and traffic, demand on community services, community's need for the group home, overall appearance and age of the residence to be used. Group homes include, but are not limited to, the following:

Family day care homes, day care centers, preschool centers, nursery schools, child play care centers, child education centers, child experiment stations, or child development institutions.

Adult day care.

Group homes for foster care.

Group homes for mentally or physically handicapped persons.

(o)

Stables or riding academies.

(p)

Telecommunication facilities.

(q)

Temporary and seasonal roadside stands.

(r)

Any use substantially similar to the foregoing conditional uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed conditional uses, there shall be taken into consideration any objectionable characteristics of the proposed use including but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out [in] Article XIV, Conditional Use Regulations, and provided further, however, that any such substantially similar conditional use shall be consistent in all other respects with the provisions of this Code.

Section B. - Zoning district R-1a, Single-Family Estate Residential district.

(1)

Permitted uses. In zoning district R-1a, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable City ordinances, and state and federal laws governing such use:

(a)

Agricultural uses such as nurseries, truck gardens, berry or bush crops, tree crops, flower crops, orchards, aviaries and apiaries, and the raising of field crops.

(b)

Surface transportation, pipelines, and utility easements and rights-of-way.

(c)

Single-family dwellings.

(d)

Religious assemblies and institutions.

(e)

Garage sales.

(f)

Home occupations.

(g)

Public parks and playgrounds, including public recreation or service buildings within such parks.

(h)

Public buildings, facilities and utilities, including but not limited to, police and fire stations, administrative buildings, libraries and museums.

(i)

Public reservoirs, wells, water towers, filter beds, water supply plants, and water or wastewater pumping stations.

(j)

Public schools, elementary and secondary, and public institutions of higher learning including gymnasiums, stadiums, and dormitories if located on the campus of such school. Before any building or structure shall be hereafter constructed on a campus of an institution of higher learning, a development plan of the campus shall be submitted to the commission, and after a public hearing, the commission shall report its recommendations to the board of aldermen. If the board of aldermen shall approve the development plan by ordinance, such plan shall be filed with the permanent records of the city. The development plan shall show existing and future buildings, parking areas, streets and drives, athletic facilities and other features that may affect surrounding property or the public interest. The building inspector or zoning code administrator shall determine, or cause to be determined, that any building or structure hereafter constructed substantially conforms to the approved plan prior to the issuance or a building permit. If at any time a major deviation from the approved development plan is proposed, said plan shall be amended and submitted to the commission and the board of aldermen for approval in the same manner as the original plan.

(k)

Publicly owned and operated community buildings.

(l)

Temporary real estate sales office, located on property being sold and limited to a period of sale, but not to exceed two years without receiving a conditional use permit from board of aldermen. This does not include a mobile or portable building or portable structure.

(m)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(n)

(o)

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district R-1a only after the issuance of a conditional use permit pursuant to the provisions of Article XIV, Conditional Use Regulations and other applicable sections of this Code and city ordinances:

(a)

Agricultural uses such as grazing, pasturing, breeding and raising of livestock or poultry.

(b)

Airports, airfields and heliports.

(d)

Cemeteries, which may include mausoleums thereon, for humans.

(e)

Earth sheltered homes.

(f)

Golf courses, country clubs and clubhouses and recreational or service facilities appurtenant thereto.

(g)

Hospitals, nursing homes and similar facilities.

(h)

Kennels.

(i)

Mortuaries and funeral homes, which may include crematoria, for humans.

(j)

Private clubs and lodges including swimming or tennis clubs.

(k)

Private lakes and reservoirs.

(l)

(m)

(n)

Residential Group Homes with consideration given pursuant to the conditions set forth in the provisions for special use to also include: The operators of group homes or homes, the characteristic of the occupants, the type of supervision, the size of the site and density, activities associated with the operation of the group home, duration of activities, vehicular activities and impact on the neighborhood, off-site impact of activities and traffic, demand on community services, community's need for the group home, overall appearance and age of the residence to be used. Group homes include, but are not limited to, the following:

Family day care homes, day care centers, preschool centers, nursery schools, child play care centers, child education centers, child experiment stations, or child development institutions.

Adult day care.

Group homes for foster care.

Group homes for mentally or physically handicapped persons.

(o)

Stables or riding academies.

(p)

Temporary and seasonal roadside stands.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 25 feet of the front and rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Side yards. No building or structure shall be erected or altered within 15 feet of the side lot line. In the case of a corner lot, where the side yard is along a street, no building or structure shall be erected or altered within 25 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than 20,000 square feet and a minimum width at the front setback line of 150 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Water supply and sewer system. Each lot shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

Section C. - Zoning district R-1b, Single-Family Residential district.

(1)

Permitted uses. In zoning district R-1b, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "R-1a" district subject to the applicable land use regulations, except agricultural uses are not permitted in the "R-1b" district.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district R-1b only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "R-1a" district subject to the applicable land use regulations, except for agricultural uses, airports, airfields and heliports, kennels, stables or riding academies, and temporary and seasonal roadside stands are not allowed in the "R-1b" district.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Side yards. No building or structure shall be erected or altered within ten feet of the side lot line. In the case of a corner lot, where the side yard is along a street, no building or structure shall be erected or altered within 25 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than 10,000 square feet and a minimum width at the front setback line of 80 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. off-street parking space shall be provided in accordance with the requirements set forth in article ix of this appendix.

On all lots of less than 10,000 square feet existing on August 2, 2004, existing structures and new structures may be expanded or built in accordance with the setbacks set forth below:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 15 feet of the front and rear lot lines.

(b)

Side yards. Shall be at least five feet in width from the property line on each side of the lot if the lot is 50 feet or less in width, with one additional foot of width of side yard required on each side for each additional ten feet of lot width up to 100 foot wide lots.

(c)

The minimum lot width shall be measured as a horizontal distance between the side lot lines.

(d)

In no case shall a structure be built closer than five feet from any lot line without first applying for and receiving a dimensional variance from the board of adjustment and in no case shall an improvement or structure be built in such a manner that it will infringe upon or impede the function of any recorded easement.

Section D. - Zoning district R-1c, Single-Family Residential district.

(1)

Permitted uses. In zoning district R-1c, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "R-1b" district subject to the applicable land use regulations.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district R-1c only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "R-1 b" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 20 feet of the front and rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Side yards. No building or structure shall be erected or altered within six feet of the side lot line. In the case of a corner lot, where the side yard is along a street, no building or structure shall be erected or altered within 20 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than 6,000 square feet and a minimum width at the front setback line of 60 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-1c zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

On all lots of less than 10,000 square feet existing on August 2, 2004, existing structures and new structures may be expanded or built in accordance with the setbacks set forth below:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 15 feet of the front and rear lot lines.

(b)

(c)

The minimum lot width shall be measured as a horizontal distance between the side lot lines.

(d)

Section E. - Zoning district R-2, Two-Family Residential district.

(1)

Permitted uses. In zoning district R-2, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "R-1c" district subject to the applicable land use regulations.

(b)

Two-family dwellings.

(c)

Condominiums.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district R-2 only after the issuance of a conditional use permit pursuant to the provisions of article XIV. conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "R-1c" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 25 feet of the front lot lines and 20 feet of the rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

(c)

Lot area. Every Lot shall have a Lot Area of not less than 10,000 square feet and a minimum width at the front setback line of 80 feet.

(d)

Lot area per family. Every Lot shall have a Lot Area of not less than 5,000 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-2 zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

Section F. - Zoning district R-3, Multi-Family Residential district.

(1)

Permitted uses. In zoning district R-3, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "R-2" district subject to the applicable land use regulations.

(b)

Multi-family dwellings.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district R-3 only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "R-2" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 25 feet of the front and the rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Side yards. No building or structure shall be erected or altered within 20 feet of the side lot line. In the case of a corner lot, where the side yard is along a street, no building or structure shall be erected or altered within 25 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than 10,000 square feet and a minimum width at the front setback line of 60 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 2,500 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-3 zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

When a dwelling is over two stories in height, the minimum width requirements for a side yard shall be increased by three feet for each additional story beyond the first two stories.

(7)

The minimum width of side yards with lots containing a multi-family dwelling with over three dwelling units shall be increased by ten feet for each additional dwelling unit beyond three units.

(8)

Whenever a lot is established in the R-3 district, that abuts the side or rear line of a lot in the R-1a, or R-1b, or R-1c districts, an opaque fence, chain link fence, wall or rear line of a hedge at least six feet in height shall be constructed and maintained in a good condition by the R-3 district lot owner.

Section G. - Zoning district C-1 Neighborhood Business district/Limited Commercial district.

(1)

Permitted uses. In zoning district C-1, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "R-3" district subject to the applicable land use regulations, except single-family dwellings, two-family dwellings, multi-family dwellings and temporary concession structures on city property currently being used as a park are not permitted in the C-1 district.

(b)

Antiques and interior decorating shops.

(c)

Bakery or pastry shops when restricted to the processing of bakery goods for retail sale on the premises only.

(d)

Banks, financial institutions and savings and loan associations, including separate freestanding drive-in facilities.

(e)

Barber and beauty shops.

(f)

Bed and breakfast homes.

(g)

Book and stationery stores.

(h)

Camera or photographic supply shops for retail sales, including film drop-off and pickup stations, not including drive-through facilities.

(i)

Candy and ice cream stores.

(j)

Dry cleaning and pressing establishments, but not wholesale cleaning or pressing.

(k)

Florist shops.

(l)

Gift shops.

(m)

Household services, including appliance repair, bicycle repair, carpeting and draperies, electrical, heating and cooling, painting, plumbing, radio and television repair and upholstery.

(n)

Laundromat.

(o)

Medical and dental offices.

(p)

Offices and office buildings for accountants, architects, attorneys, bookkeepers, engineers, income tax preparers, insurance salespersons, real estate brokers, real estate salespersons, real estate appraisers and land surveyors.

(q)

Opticians and optometrists.

(r)

Photocopying and printing shops.

(s)

Schools, colleges and academies, public and private, including business, commercial, computer, dance, drama, martial arts, music, trade and vocational.

(t)

Work areas for artists, candy makers, dressmakers, milliners and tailors. Goods and services associated with these uses may be sold or provided directly to the public on the premises.

(u)

Watch repair shops.

(v)

Indoor shooting ranges.

(w)

Single-family dwellings, two-family dwellings, and multi-family dwellings shall be deemed a lawful use, provided such dwellings were constructed and occupied prior to January 1, 2016. Such dwellings shall not be considered non-conforming uses and may be hereinafter altered or reconstructed as a permitted use.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district C-1 only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "R-3" district subject to the applicable land use regulations, except bed and breakfast homes, golf courses, country clubs and clubhouses and recreational or service facilities appurtenant thereto, mortuaries and funeral homes, private schools including business, commercial, computer, dancing, martial arts, music, trade and vocational are not allowed in the "C-1" district.

(b)

Single-family dwellings.

(c)

Two-family dwellings.

(d)

Multi-family dwellings.

(e)

Drive-in restaurant and other drive-in establishments.

(f)

Drugstores.

(g)

Laboratories and research laboratories.

(h)

Lithography and publishing.

(i)

Restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises.

(j)

Service facilities, studios or work areas of antique restoration, film processors, fishing tackle and bait shops and souvenir sales.

(k)

Filling stations not including automobile service.

(l)

Temporary and seasonal roadside stands.

(m)

Tool rental and sales — no outdoor storage or display allowed on property.

(n)

Any agency which provides substance abuse treatment and services;

Agency, as used herein, shall mean an entity responsible for the delivery of substance abuse treatment and rehabilitation services.

Substances abuse, as used herein, shall mean alcohol abuse, drug abuse, alcohol dependency or drug dependency.

Treatment, as used herein, shall mean any effort to accomplish a change in the cognitive or emotional conditions or the behavior of any person consistent with generally recognized principles or standards in the substance abuse field.

Services, as used herein, shall mean such services as vocational training, educational, psychological or psychiatric services, child development and placement activities either provided directly by the agency or arranged for any person by the agency through referral to the outside community resources.

(o)

Accessory buildings which are subordinate to in use to the main building.

(p)

Temporary concession structure; provided, however, that temporary concession structures to be operated and maintained for periods of five days or less within a given calendar year shall not require a special use permit if a business license and a temporary concession Structure permit are first obtained from the city.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 25 feet of the front lot line and 15 feet of the rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Side yards. No building or structure shall be erected or altered within ten feet of the side lot line.

(c)

Lot area per family. Every lot shall have a lot area of not less than 6,000 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(f)

Only one freestanding building shall be permitted on each lot or tract of land. This limitation shall not include buildings for accessory uses.

(g)

Not more than one apartment dwelling unit in buildings primarily designated for occupancy by commercial uses shall be permitted on each lot or tract of land. This limitation shall not include dwelling or lodging units permitted as accessory uses.

(4)

Accessory land uses and development. Subject to compliance with the procedures for the special use, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development (unless restricted by applicable condition), or a special land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is reasonable, necessary and incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(a)

Accessory uses or buildings customarily incidental to any of the above uses.

(b)

Refuse disposal. The storage and collection of refuse shall be so managed as to create no health hazard, rodent harboring, insect breeding areas, accident hazards or air pollution. All refuse shall be stored in fly-tight, watertight, rodent-proof containers which shall be provided in sufficient number and capacity to accommodate all refuse. Satisfactory containers shall be provided at permanent locations, in areas appropriately and visually screened and accessible to solid waste collection vehicles.

(c)

Open storage of household items, appliances, building materials, unlicensed vehicles or vehicle parts, or any other materials or collection of salvage materials shall not be allowed in front, rear or side yards, or parking of vehicles in front of the main building with said storage.

(d)

Grading, filling, excavating or any change in the grade or property that involves the moving, depletion or replacement of material shall require a permit as set forth in the city's regulations. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

(5)

Height requirements. The maximum heights of all buildings in the district shall be as follows:

(a)

Unless otherwise restricted by application of regulations of air navigation space regulations, the total height of any structure, including rooftop mechanical equipment attached to said structure, shall not exceed one story per 20 feet in height, whichever is the lesser, above the average finished ground elevation at the perimeter of such structure unless authorized by conditional use permit.

(b)

Unless otherwise restricted by application of regulations of air navigation space regulations, the total height of any structure authorized by conditional use permit, including rooftop mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two stories or 30 feet in height, whichever is the lesser, above the average finished ground elevation at the perimeter of such structure.

(6)

Signs. Signs, when displayed, shall be under the following conditions and circumstances:

(a)

Signs must have a minimum setback of ten feet from the property line and shall be no more than ten feet in height from the roadway elevation, and shall be limited to a maximum overall size of 32 square feet.

(b)

Attached signs shall not project above the principal roof of a building, except that a sign may be attached flat against or painted on a parapet-wall not exceeding three feet above such roof line.

(c)

The aggregate gross area in square feet of all signs on a lot shall not exceed the number of lineal feet of such lot and in no case shall it exceed a total of 100 square feet on any one street.

(d)

When any such sign is illuminated, the light or lights shall be shaded or concealed so that they will not interfere with the vision of motor vehicle operators or shine directly on residential property located in any residential district, illumination of such signs shall not be flashed and no sign simulating movement shall be permitted.

(e)

Light standards for parking lot lighting are allowed no closer than 15 feet from any roadway right-of-way line and no closer than ten feet to any side and rear yard line which adjoins residential property and must be shielded to protect residential dwellings.

(f)

Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the commission.

(7)

Off-street parking and loading requirements. Off-street parking space and loading requirements shall be provided in accordance with the requirements set forth in appendix A—Zoning, article IX, section B of the Code of Ordinances of the city.

(8)

Whenever a lot is established in the C-1 district, that abuts the side or rear line of a lot in the R-1a, or R-1b, or R-1c districts, an opaque fence, chain link fence, wall or rear line of a hedge at least six feet in height shall be constructed and maintained in a good condition by the C-1 district lot owner.

Section H. - Zoning district C-2, General Commercial district.

(1)

Permitted uses. In zoning district C-2, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "C-1" district subject to the applicable land use regulations.

(b)

Ambulance service offices and garages.

(c)

Amusement enterprises.

(d)

Animal feed and farm seed stores.

(e)

Automobile sales (new and used).

(f)

Automobile parts sales and automobile service.

(g)

Boat sales.

(h)

Cabinet and home furnishing stores.

(i)

Camera or photographic supply shops for retail sales, including film drop-off and pickup stations.

(j)

Dance halls.

(k)

Department stores.

(l)

Drive-in restaurants, theaters and other drive-in establishments.

(m)

Drug stores.

(n)

Farm implement sales and service.

(o)

Funeral homes and mortuaries.

(p)

Furniture sales.

(q)

Golf courses, including miniature golf, driving ranges and practice ranges.

(r)

Hotels.

(s)

Liquor stores, retail.

(t)

Motels.

(u)

Music, radio, computer or television sales and service facilities.

(v)

Nurseries and garden supplies.

(w)

Retail and wholesale stores.

(x)

Restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises.

(y)

Filling stations and automobile service.

(z)

(aa)

Medical marijuana dispensary facility, which shall be subject to all C-2 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district C-2 only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "C-1" district subject to the applicable land use regulations, except single-family dwellings, drive-in restaurant and other drive-in establishments, drugstores, earth sheltered homes, lithography and publishing, restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises, filling stations not including automobile service and accessory buildings which are subordinate to the main building are not allowed in the "C-2" district.

(b)

Mixed-use building.

(c)

Mixed-use dwellings.

(d)

Reserved.

(e)

Fuel outlets (bulk).

(f)

Golf courses.

(g)

Helipads.

(h)

Any use substantially similar to the foregoing conditional uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed conditional uses, there shall be taken into consideration any objectionable characteristics of the proposed use including but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out [in] article XIV, Conditional Use Regulations, and provided further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Code.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 25 feet of the front lot line and 30 feet of the rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(5)

Whenever a lot is established in the C-2 district, that abuts the side or rear line of a lot in the R-1a, or R-1b, or R-1c districts, an opaque fence, chain link fence, wall or rear line of a hedge at least six feet in height shall be constructed and maintained in a good condition by the C-2 district lot owner.

(Ord. No. 1970, § 4, 6-17-19; Ord. No. 1992, § 3, 2-18-20)

Section I. - Zoning district C-3, Shopping Center district.

(1)

Permitted uses. In zoning district C-3, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "C-2" district subject to the applicable land use regulations, except automobile sales (used) are not permitted in the C-2 district.

(b)

Medical marijuana dispensary facility, which shall be subject to all C-3 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district C-3 only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "C-2" district subject to the applicable land use regulations, except two-family dwellings are not allowed in the "C-3" district.

(b)

Mixed-use building.

(c)

Mixed-use dwelling.

(d)

Building material supplies and lumber yards.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 35 feet of the front and rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Lot area. Every lot shall have a lot area of not less than ten acres.

(c)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Type of development. All buildings within a C-3 zoning district shall be developed in a unified manner and shall consist of not less than five shops or stores. The center contains at least one supermarket, junior department store or variety store which building shall contain not less than 15,000 square feet of gross floor area. The shops and stores of the center shall have a combined total gross floor area of not less than 30,000 square feet.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

Whenever a lot is established in the C-3 district, that abuts the side or rear line of a lot in the R-1a, or R-1b, or R-1c districts, an opaque fence, chain link fence, wall or rear line of a hedge at least six feet in height shall be constructed and maintained in a good condition by the C-3 district lot owner.

(Ord. No. 1970, § 5, 6-17-19)

Section J. - Zoning district C-4, Central Business district.

(1)

Permitted uses. In zoning district C-4, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "C-3" district subject to the applicable land use regulations, except ambulance service offices and garages, animal feed and farm seed stores, bed and breakfast homes, boat sales, drive-in restaurants, theaters and other drive-in establishments, farm implement sales and service, funeral homes and mortuaries, golf courses, including miniature golf, driving ranges and practice ranges, home occupations, laundromat, medical and dental offices, restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises, filling stations and automobile service are not permitted in the C-4 district.

(b)

Automobile sales, (used).

(c)

Printing, lithography and publishing, including office duplicating.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district C-4 only after the issuance of a conditional use permit pursuant to the provisions of article XIV. conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "C-3" district subject to the applicable land use regulations, except building material supplies and lumber yards, cemeteries, commercial storage units, golf courses, laboratories and research laboratories, residential Group Homes, service facilities, studios or work areas of antique restoration, film processors, fishing tackle and bait shops and souvenir sales, and temporary and seasonal roadside stands are not allowed in the "C-4" district

(b)

Two-family dwellings- above commercial uses.

(c)

Mixed use building.

(d)

Mixed-use dwelling.

(e)

Drive-through restaurant and other drive-through establishments, except freestanding drive-in bank facilities.

(f)

Filling stations, including automobile service.

(g)

Home occupations.

(h)

Laundromat.

(i)

Single-family dwellings.- above commercial uses.

(j)

Accessory buildings, structures and uses in conjunction with a permitted land use or development (unless restricted by applicable conditions), or a conditional land use or development plan when such accessory building, structure or use is customarily found in conjunction with the primary use, is reasonable, necessary and incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

Accessory uses or buildings customarily incidental to any of the above permitted or conditional uses.

Refuse disposal. The storage and collection of refuse shall be so managed as to create no health hazard, rodent harboring, insect breeding areas, accident hazards or air pollution. All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be provided in sufficient number and capacity to accommodate all refuse. Satisfactory containers shall be provided at permanent locations, in areas appropriately and visually screened and accessible to solid waste collection vehicles.

Open storage of household items, appliances, building material, unlicensed vehicles or vehicle parts, or any other material or collection of salvage materials shall not be allowed in front, rear or side yards, or parking of unlicensed vehicles in front of the main building.

Grading, filling, excavating or any change in the grade or property that involves the moving, depletion or replacement of material shall require a permit as set forth in chapter [section] 6-81. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.

(3)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(4)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(5)

Whenever a lot is established in the C-4 district, that abuts the side or rear line of a lot in the R-1a, or R-1b, or R-1c districts, an opaque fence, chain link fence, wall or rear line of a hedge at least six feet in height shall be constructed and maintained in a good condition by the C-4 district lot owner.

Section K. - Zoning district I-1, Light Industrial district.

(1)

Permitted uses. In zoning district I-1, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Bakeries.

(b)

Bottling works.

(c)

Book binderies.

(d)

Building material sales and lumber yards.

(e)

Electrical equipment assembly and manufacture.

(f)

Freighting or trucking yards or terminals.

(g)

Food products processing and packing.

(h)

Furniture manufacturing.

(i)

Instrument and meter manufacturing.

(j)

Jewelry and watch manufacturing.

(k)

Laboratories.

(l)

Laundry and cleaning establishments.

(m)

Leather goods fabrication.

(n)

Optical goods manufacturing.

(o)

Paper products manufacturing.

(p)

Sporting goods manufacturing.

(q)

Trailer or manufactured home manufacturing.

(r)

Tool rental and sales — outdoor storage or display allowed on property.

(r)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(s)

(t)

Indoor shooting ranges.

(u)

Non-retail medical marijuana facilities, which all shall be subject to all I-1 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

Conditional uses. The following conditional uses shall be permitted in zoning district I-1 only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Above ground storage tanks.

(b)

Adult business establishment.

(c)

Assembly and manufacture from prefabricated parts of household appliances, electronic products and similar products or for processing or assembling of parts for production of finished equipment, for distribution in the city and environs, exclusive of petroleum storage for distribution over more extensive areas.

(d)

Contractor's yard.

(e)

Carting, express, hauling or storage yard.

(f)

Coal, coke or wood yard.

(g)

Milk distributing station.

(h)

Off-premise advertising signage.

(i)

Telecommunication facilities.

(j)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(k)

Any use substantially similar to the foregoing conditional uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed conditional uses, there shall be taken into consideration any objectionable characteristics of the proposed use including but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out [in] article XIV, conditional use regulations, and provided further, however, that any such substantially similar conditional use shall be consistent in all other respects with the provisions of this Code.

(l)

(m)

Storage yards.

(n)

Commercial storage facilities.

(o)

Self-service storage facilities.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 15 feet of the front lot line and 35 feet of the rear lot line. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Side yards. No building or structure shall be erected or altered within 20 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than one acre and a minimum width at the front setback line of 100 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 100 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 75 percent of the lot area.

(4)

Type of development. All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit any dust or smoke or noxious odor or fumes outside the building housing the operation, or conduce a noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

Whenever a lot is established in the I-1 district, that abuts the side or rear line of a lot in the R-1 a, or R-1 b, or R-1c districts, an opaque fence, chain link fence, wall or rear line of a hedge at least six feet in height shall be constructed and maintained in a good condition by the I-1 district lot owner.

(Ord. No. 1958, § 1, 4-1-19; Ord. No. 1970, § 6, 6-17-19; Ord. No. 1992, § 4, 2-18-20)

Section L. - Zoning district I-2, Heavy Industrial district.

(1)

Permitted uses. In zoning district I-2, no building or land shall be used and no building shall hereafter be erected constructed, reconstructed or altered, except for one or more of the following permitted uses in conformance with this Code, other applicable city ordinances, and state and federal laws governing such use:

(a)

Any use permitted in the "I-1" district subject to the applicable land use regulations.

(b)

Non-retail medical marijuana facilities, which all shall be subject to all I-2 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

Conditional uses. The following conditional uses shall be allowed in zoning district I-2 only after the issuance of a conditional use permit pursuant to the provisions of article XIV, conditional use regulations and other applicable sections of this Code and city ordinances:

(a)

Any use allowed by conditional use permit in the "I-1" district subject to the applicable land use regulations, except tool rental and sales are not allowed in the "I-2" district.

(b)

Acid manufacture.

(c)

Ammonia manufacturing, refining, or wholesale storage.

(d)

Asphalt mixing, manufacturing and similar processes and operations.

(e)

Cement, lime, gypsum or plaster of paris manufacture.

(f)

Distillation of bones and glue manufacture.

(g)

Explosive manufacture or storage.

(h)

Fat rendering.

(i)

Fertilizer manufacturing.

(j)

Gas manufacturing, refining.

(k)

Open storage, hereby defined to include the unsheltered placement upon the land of items such as, but not limited to, construction materials, machinery, vehicles and scrap metal; provided however, that nothing herein shall be construed to permit the storage upon the land of abandoned motor vehicles.

(l)

Refining of petroleum or its products, and storage of petroleum products for distribution in areas beyond the city and its environs.

(m)

Smelting of tin, copper, zinc or iron ores.

(n)

Stockyards or the slaughter of animals.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 35 feet of the front and the rear lot lines. A detached garage shall not be erected or structurally altered within 60 feet of the front lot line or within 30 feet of the rear lot line.

(b)

Side yards. No building or structure shall be erected or altered within 20 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than one acre and a minimum width at the front setback line of 100 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 100 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 75 percent of the lot area.

(4)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this appendix.

(Ord. No. 1970, § 9, 6-17-19)

Section M. - Zoning district F, Floodplain district.

(1)

Use regulations. All buildings and land within an F zoning district shall be limited to the following uses:

(a)

The growing of agricultural crops and nursery stock and gardening.

(b)

The keeping of agricultural livestock in accordance with the municipal ordinance relating thereto.

(c)

Public recreation.

(d)

No building shall be erected, converted, or enlarged on any parcel of land without the approval of the administrative officer.

Section N. - Zoning district M, Manufactured Home district.

(1)

Use regulations. All buildings and land within an M zoning district shall be limited to the following uses:

(a)

Manufactured homes.

(b)

Accessory buildings customarily incidental and subordinate to the use of manufactured homes. Buildings housing such facilities as laundromats, nurseries, etc., and only when such facilities are intended for the use of persons residing within the zoning district.

(2)

Design standards.

(a)

A manufactured home district shall be no less than five acres in total area.

(b)

Each manufactured home in a manufactured home district shall occupy a designated space having at least 4,000 square feet of lot area.

(c)

Each manufactured home space shall have a width of at least 40 feet, exclusive of common driveways.

(d)

Each manufactured home space shall abut a driveway within the park. Said driveways shall be graded and surfaced with not less than four inches of crushed stone or other suitable material on a well compacted subbase to a continuous width of 25 feet, exclusive of required parking spaces.

(e)

Two off-driveway parking spaces with not less than four inches of crushed stone or other suitable material on a well compacted subbase shall be provided for each manufactured home space. required parking spaces may be included within the 3,500 square feet required for each manufactured home space.

(f)

At least 200 square feet of recreation space for each manufactured home space shall be reserved within each manufactured home district as common recreation space for the residents of the district. Such areas shall, along with driveways and walkways, be adequately lighted for safety.

(g)

No manufactured homes or other structure within a manufactured home district shall be closer to each other than 30 feet, except that storage or other auxiliary structures for the exclusive use of the manufactured home may be no closer to another manufactured home than 20 feet.

(h)

No manufactured home shall be located closer than 30 feet of the exterior boundary of the park of a bounding street right-of-way. buildings used for laundry or recreation purposes shall be located no closer than 40 feet to the exterior boundary or the right-of-way of a bounding street.

(i)

The manufactured home district and all occupied units located in it must be connected to the municipal water and sewerage systems.

(j)

Plans clearly indicating the developer's intention to comply with the provisions of this section shall be submitted to and approved by the commission. Such plans must be drawn to a scale of not less than one inch equals 50 feet by a registered engineer, professional land use planner, or registered land surveyor. Such plans must show the area to be used for the proposed manufactured home district; the ownership and use of neighboring properties; all proposed entrances, exits, driveways, walkways, and off-street parking spaces; the location of manufactured home spaces, recreation areas and services buildings; the location of sanitary conveniences including toilets, laundries, and refuse receptacles; the proposed plan of water supply, sewage disposal and electric lighting. The commission shall have the authority to impose such reasonable conditions and safeguards on the proposed development as it deems necessary for the protection of adjoining properties and the public interest.

(k)

Buffer. A densely planted buffer strip, consisting of trees, shrubs, and other plantings at least five feet in height, shall be provided along all rear and side property lines of the district. A six foot solid fence may be substituted.

(l)

A steel cable shall be securely attached at all corners of each manufactured home to a concrete anchor which extends at least 24 inches below the surface of the ground.

(m)

Any expansion of manufactured home districts in existence on the effective date of this appendix shall comply with the provisions of this section.

Section O. - "HD" Historic Downtown Overlay district.

(1)

Purpose. The purpose of the Historic Downtown Overlay district is to preserve and enhance Buildings which contribute or will contribute to the heritage of the city or the state, and to enhance existing neighborhood architecture by protecting the buildings and their surroundings from obviously incongruous development or uses of land.

(2)

Certificate of demolition or removal. No person shall be permitted to remove or demolish any building in the Historic Downtown Overlay district without the issuance of a certificate of demolition or removal by the City of St. Clair Board of Aldermen. The board shall base its decision upon the review criteria set forth by the city; further, the board of aldermen shall process all requests for certificates of demolition and removal in accordance with the procedures set forth in the Code. This provision shall not apply to accessory buildings which have less than 500 square feet unless the administrative officer determines that the building may have significance to the downtown area and refers the question to the board of aldermen.

(3)

Construction permits. Every application for a building permit for construction of, additions to, and major exterior alterations of, any Structure in the Historic Downtown Overlay district shall be submitted to the commission for initiation of the review, approval, and appeal process. The review criteria and architectural guidelines established by City of St. Clair shall apply to the review of building permits under this subsection.

(4)

Façade easement program. The City of St. Clair hereby establishes a "façade easement program". The purpose of this program is to provide aesthetically pleasing and complementary development within the "HD" Historic Downtown Overlay district. In exchange for acquisition of an easement by the city, the property owner shall make exterior alterations consistent with the architectural guidelines established by the city. The acquisition of façade easements shall be at the sole discretion of the City of St. Clair.

Section P. - "HC" Highway Corridor Overlay district.

(1)

Purpose. The "HC" Highway Corridor Overlay district is established in recognition of the importance of the highway corridors to the city's image and development. Its purpose is to establish special design guidelines and standards to ensure high-quality and compatible development. The district encourages architectural design and more imaginative and innovative design of projects developed in a symbiotic relationship with the major transportation corridors.

Similar to a Planned Urban Development district, this district promotes a more desirable community environment, while retaining control over the structures and site improvements. The "HC" Highway Corridor Overlay district serves to preserve existing natural features, scenic quality or existing open spaces, and adapting the development to existing land features; while achieving a greater flexibility in development of land. The district is an overlay district in relationship to existing underlying districts.

(2)

Location. The "HC" Highway Corridor Overlay district shall be applied to only those designated areas as shown on the official zoning district map of the City of St. Clair.

(3)

Permitted uses. Only those uses listed as primary permitted uses for the underlying zoning district, as shown on the official zoning district map, shall be allowed as permitted uses.

(4)

Special uses. Only those uses listed as conditional uses for the underlying zoning district, as shown on the official zoning district map, shall be allowed as conditional uses in accordance with the established procedure.

(5)

Prohibited uses. Only those uses listed as permitted or conditional uses, or similar uses approved by the board of aldermen for the underlying zoning district, as shown on the official zoning district map, shall be allowed.

(6)

Regulations and performance standards.

(a)

General standards. Approval of the preliminary and/or site development plan may provide for exceptions from bulk, area and setback requirements of the underlying zoning districts as may be necessary or desirable to achieve the objectives of the proposed development; provided however, such exceptions do not permit a use prohibited by this section or the underlying zoning district, are consistent with the standards and criteria contained in this section and further, that no modification of the regulations contained herein would be allowed with the following results:

Inadequate or unsafe access to the development;

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

Undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve or are proposed to serve the development;

Development which will be incompatible with the purposes of this appendix; and/or

Detrimental environmental impact on the surrounding area, including aesthetics.

It shall be the responsibility of the applicant to clearly demonstrate that the above criteria are being met. The burden of proof shall rest with the developer, and not the administrative officer or the Commission.

These regulations apply to new construction and are applicable when a preliminary plat and/or site plan is required under the guidelines established in the code.

(b)

Designation of open space in residential developments; buffer yards; berms.

For residential development, a minimum of 15 percent of the total project area shall be dedicated as common open space. Pre-developed slopes of 30 percent or more shall be preserved as common open space, excluding areas used in conjunction with subdivision plan street layout and design. Floodplain or floodway areas shall be designated as common open space utilized for recreational or open space amenities. Impact on these areas is permissive upon application and preliminary and final plan approval for portions of residential lot development.

Common open space in residential developments shall be used for the collective enjoyment of the occupants of the development or for the general public, if so dedicated. Common open space shall be distributed equally throughout the development as practicable and be highly accessible to the dwelling units it is intended to serve, and shall not be isolated to areas of unusable land.

No area of interior project common open space in the residential development plan shall be less than ten feet in width at its smallest dimension.

The use, operation and maintenance of the residential common open space areas and common ground buildings shall be guaranteed through establishment of a trust indenture represented by an association of trustees.

For residential properties fronting along Interstate 44, there shall be a minimum berming and dense landscaping of ten feet in height to mitigate the effects of noise on residential dwelling units.

(c)

Perimeter buffer and landscaping—Nonresidential developments. Prior to approval of a final site development plan for a nonresidential development, the developer shall submit a landscaping plan which shall conform to the following:

All yards and open spaces along exterior or interior streets shall be landscaped with trees and shrubs graded, sodded, and irrigated. The commission may recommend and the board of aldermen may require topographical relief (mounds and berms) via the site plan if deemed necessary and appropriate.

Any part of the lot not used for buildings or other structures, or parking, loading or access ways shall be landscaped with sod, ground cover, trees and shrubs.

A minimum planting strip of 15 feet in width shall be provided and maintained within the required front yard. Trees shall be spaced no greater than 35 feet on-center across all front yards.

A minimum planting strip of ten feet in width shall be provided for a yard abutting Interstate 44, which shall be landscaped with shrubs, bush and hedge plantings, and trees at not more than 35 feet on-center. A minimum of one shrub, bush or hedge shall be provided for every ten feet of lot perimeter or fraction thereof. Shrubs and bushes are not required to be planted ten feet on-center, but may be clustered to provide an enhanced landscaped appearance.

Foundation planting shall be planted and maintained along publicly viewed exterior walls of all buildings at the ratio of one plant material for every five lineal feet of exterior wall. Said plant material may be clustered or otherwise arranged for optimum visual effect rather than being spaced evenly along the building perimeter.

Along all rear and side property lines that abut a residential district or development, a 20 foot landscaped buffer (transition yard) and sight-proof fence or landscaped berm shall be provided and maintained.

The buffer shall contain evergreen plant material with a minimum height of six feet planted on ten foot centers and staggered.

All fences shall be solid vinyl; ornamental iron or masonry material limited to a maximum height of six feet, and shall not extend beyond the front building line of the subject property. The fence may be located on the side and rear property lines, but if the fence is located on a utility easement and maintenance of utility lines are required in that area, then the property owner is responsible for replacement of the fence if removed.

Green space adjacent to the frontage areas along Interstate 44, shall provide a continuous row of five-gallon container shrubs or bushes planted at a ratio of ten per 40 lineal feet of parking lot frontage.

The minimum area to be devoted to green open space and landscaping shall be equal to a percentage of the gross area of the site as follows:

Gross Area Green Space and Landscaping

1 to 3.999 acres ....25%

4 acres and larger ....20%

Each nonresidential site, upon development, shall have installed an automatic, permanent irrigation system designed to cover all landscaped areas, if significant in size, and per site plan approval.

10.

Deciduous trees shall have a minimum caliper of two and one-half inches in the trunk measured one foot above the ground. Evergreen trees shall be a minimum of six feet in height at planting. Evergreen trees used for interior landscaping shall be a minimum of three feet in height. Required landscape hedges and shrubs shall be a planted at a minimum height of inches.

(d)

Lighting.

All exterior lighting, building and parking lot lights, and landscape lighting, shall be directed away from adjacent highways, streets and properties so that no light is cast on adjoining properties or public roadways.

No light standards utilized for the illumination of parking areas shall exceed 25 feet in height. No other light standard shall exceed 18 feet in height.

The pole, pole base, and fixture housing shall be bronze or black.

All lighting shall be metal halide and served with underground cables.

All parking areas and walkways shall be illuminated so as to produce a minimum uniform illumination of two foot candles within said area but no more than one-half foot candles at the property line.

(e)

Elevations required. Building elevations for each development shall be submitted to the commission for review, and to the board of aldermen for review and approval. These elevations shall show the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of 11 inches by 17 inches in dimension and be of reasonable quality. A file ready (approximately eight and one-half inches by 11 inches in size) copy of the rendering must be submitted to the City and kept for a permanent record.

Architectural Design Standards.

All sides of structures shall receive equal architectural treatment or be compatible with each other as determined by the commission. Structures are strongly encouraged to have architectural features (i.e. reveals, dormers, soldier courses, cornices, etc.) to add architectural character to the structure. Landscaping or topographic relief can be used as screening in lieu of providing masonry as determined by the commission.

The use of decorative masonry, glass, textured/form lined tilt-up concrete panels, or decorative architecturally enhanced metal wall panels are required for exterior facing materials for nonresidential buildings. The use of decorative masonry and architectural vinyl siding is required for exterior facing materials for residential buildings. Nondecorative prefabricated metal and nondecorative cinder block building exteriors are prohibited. A total of 30 percent of a wall elevation can be an EIFS material, or other material upon recommendation by the commission and approval by the board of aldermen. Applicant shall provide an exhibit or samples of the proposed materials.

The primary color on all buildings shall be earth tone color(s). Non-earth tone colors may be permitted as accent markings upon review and approval by the commission.

Roof coverings for pitched roofs shall be composed of one of the following materials:

Architectural asphalt shingles (black thunderstorm, gray, or dark green in color).

Wood shakes.

Slate shingles.

Commission approved color standing seam metal.

Architecturally enhanced parapet for flat roofing systems.

All HVAC and mechanical equipment shall be screened from public view. Roof and wall mounted equipment and materials shall be screened and made a part of the architecture of the building and are to be painted to match the building or roof color.

Gasoline canopies shall be architecturally compatible with the principal Structure on the premises and shall not exceed a height of 18 feet.

All retaining walls shall be architecturally compatible with the principal structure and be constructed of an architectural masonry material. Wood ties and cinder block materials are prohibited.

All service doors and/or overhead doors shall have an exterior color which predominately matches the building color.

Buildings are encouraged to utilize Leadership in Energy and Environmental Design (LEED) concepts and principles in their design and construction.

(f)

Protective screening. All exterior waste containers, container racks, incinerators or other outside storage areas shall have a concrete floor and be screened from public view by an enclosure which shall be a minimum of six feet in height. Screening shall be constructed of vinyl or masonry materials similar to the building and may be attached to the main building structure upon review and approval by the commission. The container collection areas shall not be located in the front yard area.

(g)

Signage. All signage shall be governed by the provisions of the city's sign regulations.

(h)

Pedestrian access. All nonresidential buildings shall provide a bicycle rack and have the site designed with pedestrian access with walk paths and a connection to adjacent public sidewalks. All residential developments shall be designed with pedestrian access to common ground and adjacent public sidewalks.

(i)

Detention. Any above ground stormwater holding facilities shall be constructed as retention basins. Detention facilities shall be located underground.

(j)

Underground services. All electric, telephone, voice-over-IP ("VolP"), cable, IP-enabled video and other similar services in residential areas shall be located underground. In all nonresidential areas, all utility service shall be located underground. Distribution service, if overhead, shall be along the rear property line(s) of the development.

(k)

Density bonus.

Residential. The board of aldermen may approve an increase in allowable density within an underlying zoning district up to ten percent of additional lots based upon net development area. The density bonus shall be calculated on the basis of the net development area, which excludes required right-of-way and required open space.

If a density bonus is requested, the applicant shall document all site amenities, improvements and location of additional lots for the city's review and consideration.

(l)

Nonresidential waiver. The minimum site sizes and/or setback requirements of the underlying nonresidential zoning district may be modified by the board of aldermen upon recommendation by the commission if a specific proposal has severe limitations regarding topography, tree cover, wetlands, floodplains, soil conditions, utility easements, or unusual land shape or proportions for conventional development; or if it is determined that the layout proposed is desirable or necessary in relationship to the surrounding neighborhood; or if the board of aldermen determines such modification to be in the general public interest.

(m)

Height exceptions. In any district, building(s) may be erected to a height not exceeding 75 feet upon recommendation by the commission and approval by the board of aldermen, provided that such building(s) shall have yards which shall be increased one foot on all sides for each additional foot that such building(s) exceed the specified height limit as established by the regulations of the district in which the building(s) are situated.

(n)

Scope of review. The commission shall consider, but not be limited to, the following factors in review of the site plan:

Access to site.

Drainage system of both roads and land development.

Exterior colors and materials.

Height, bulk and area of building.

Plot plan including landscaping and screen planting, parking, and loading spaces.

Recreational facilities and open space provisions.

Relation to existing structures in the vicinity.

Setback distances from all property lines.

Sewage disposal system.

10.

Size and spacing of windows, doors and other openings.

11.

Size, type and location of signs.

12.

Size, type and location of towers, chimneys, roof structures, flagpoles, antennas, etc.

13.

Solid waste collection system.

14.

Type and pitch of roofs.

15.

Water distribution system.

Design manual. The administrative officer is authorized to compile and keep on file a manual demonstrating the design requirements of the "HC" Highway Corridor Overlay district.

(o)

Zoning district map.

Establishment. The locations and boundaries of the zoning districts established herein shall be and are shown on the zoning District map, which is hereby incorporated into and made a part of this title. The zoning district map, together with all officially authorized notations, references and other information shown thereon and all amendments thereto, shall be a part of this title and shall have the same force and effect as if the zoning district map, together with all notations, references and other information shown thereon, were fully set forth and described herein.

Maintenance. The administrative officer or his/her designee shall maintain the zoning district map and shall be responsible for making any officially approved changes thereto.

St Clair City Zoning Code

ARTICLE V

- USE REGULATIONS BY ZONING DISTRICT

Section A. - Zoning district A-1, General Agricultural district.

(1)

(a)

Agricultural uses such as nurseries, truck gardens, berry or bush crops, tree crops, flower crops, orchards, aviaries and apiaries, and the raising of field crops.

(b)

Single-family dwelling.

(c)

Two-family dwellings.

(d)

Churches, mosques and synagogues.

(e)

Garage sales.

(f)

Home occupations.

(g)

Public parks and playgrounds, including public recreation or service buildings within such parks.

(h)

Public buildings, facilities and utilities, including but not limited to, police and fire stations, administrative buildings, libraries and museums.

(i)

Public reservoirs, wells, water towers, filter beds, water supply plants, and water or wastewater pumping stations.

(j)

(k)

Publicly owned and operated community buildings.

(l)

Surface transportation, pipelines, utility easements and rights-of-way.

(m)

Temporary real estate sales office. This does not include a mobile or portable building or portable structure.

(n)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(o)

(p)

(2)

(a)

Agricultural uses such as grazing, pasturing, breeding and raising of livestock or poultry.

(b)

Airports, airfields and heliports.

(c)

Bed and breakfast homes.

(d)

Cemeteries, which may include mausoleums thereon, for humans.

(e)

Earth sheltered homes.

(f)

Golf courses, country clubs and clubhouses appurtenant thereto.

(g)

Hospitals, nursing homes and similar facilities.

(h)

Kennels.

(i)

Mortuaries and funeral homes, which may include crematoria, for humans.

(j)

Private clubs and lodges including swimming or tennis clubs.

(k)

Private lakes and reservoirs.

(l)

(m)

(n)

Family day care homes, day care centers, preschool centers, nursery schools, child play care centers, child education centers, child experiment stations, or child development institutions.

Adult day care.

Group homes for foster care.

Group homes for mentally or physically handicapped persons.

(o)

Stables or riding academies.

(p)

Telecommunication facilities.

(q)

Temporary and seasonal roadside stands.

(r)

Section B. - Zoning district R-1a, Single-Family Estate Residential district.

(1)

(a)

Agricultural uses such as nurseries, truck gardens, berry or bush crops, tree crops, flower crops, orchards, aviaries and apiaries, and the raising of field crops.

(b)

Surface transportation, pipelines, and utility easements and rights-of-way.

(c)

Single-family dwellings.

(d)

Religious assemblies and institutions.

(e)

Garage sales.

(f)

Home occupations.

(g)

Public parks and playgrounds, including public recreation or service buildings within such parks.

(h)

Public buildings, facilities and utilities, including but not limited to, police and fire stations, administrative buildings, libraries and museums.

(i)

Public reservoirs, wells, water towers, filter beds, water supply plants, and water or wastewater pumping stations.

(j)

Public schools, elementary and secondary, and public institutions of higher learning including gymnasiums, stadiums, and dormitories if located on the campus of such school. Before any building or structure shall be hereafter constructed on a campus of an institution of higher learning, a development plan of the campus shall be submitted to the commission, and after a public hearing, the commission shall report its recommendations to the board of aldermen. If the board of aldermen shall approve the development plan by ordinance, such plan shall be filed with the permanent records of the city. The development plan shall show existing and future buildings, parking areas, streets and drives, athletic facilities and other features that may affect surrounding property or the public interest. The building inspector or zoning code administrator shall determine, or cause to be determined, that any building or structure hereafter constructed substantially conforms to the approved plan prior to the issuance or a building permit. If at any time a major deviation from the approved development plan is proposed, said plan shall be amended and submitted to the commission and the board of aldermen for approval in the same manner as the original plan.

(k)

Publicly owned and operated community buildings.

(l)

(m)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(n)

(o)

(2)

(a)

Agricultural uses such as grazing, pasturing, breeding and raising of livestock or poultry.

(b)

Airports, airfields and heliports.

(d)

Cemeteries, which may include mausoleums thereon, for humans.

(e)

Earth sheltered homes.

(f)

Golf courses, country clubs and clubhouses and recreational or service facilities appurtenant thereto.

(g)

Hospitals, nursing homes and similar facilities.

(h)

Kennels.

(i)

Mortuaries and funeral homes, which may include crematoria, for humans.

(j)

Private clubs and lodges including swimming or tennis clubs.

(k)

Private lakes and reservoirs.

(l)

(m)

(n)

Family day care homes, day care centers, preschool centers, nursery schools, child play care centers, child education centers, child experiment stations, or child development institutions.

Adult day care.

Group homes for foster care.

Group homes for mentally or physically handicapped persons.

(o)

Stables or riding academies.

(p)

Temporary and seasonal roadside stands.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 20,000 square feet and a minimum width at the front setback line of 150 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Water supply and sewer system. Each lot shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

Section C. - Zoning district R-1b, Single-Family Residential district.

(1)

(a)

Any use permitted in the "R-1a" district subject to the applicable land use regulations, except agricultural uses are not permitted in the "R-1b" district.

(2)

(a)

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 10,000 square feet and a minimum width at the front setback line of 80 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. off-street parking space shall be provided in accordance with the requirements set forth in article ix of this appendix.

On all lots of less than 10,000 square feet existing on August 2, 2004, existing structures and new structures may be expanded or built in accordance with the setbacks set forth below:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 15 feet of the front and rear lot lines.

(b)

(c)

The minimum lot width shall be measured as a horizontal distance between the side lot lines.

(d)

Section D. - Zoning district R-1c, Single-Family Residential district.

(1)

(a)

Any use permitted in the "R-1b" district subject to the applicable land use regulations.

(2)

(a)

Any use allowed by conditional use permit in the "R-1 b" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 6,000 square feet and a minimum width at the front setback line of 60 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-1c zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

On all lots of less than 10,000 square feet existing on August 2, 2004, existing structures and new structures may be expanded or built in accordance with the setbacks set forth below:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 15 feet of the front and rear lot lines.

(b)

(c)

The minimum lot width shall be measured as a horizontal distance between the side lot lines.

(d)

Section E. - Zoning district R-2, Two-Family Residential district.

(1)

(a)

Any use permitted in the "R-1c" district subject to the applicable land use regulations.

(b)

Two-family dwellings.

(c)

Condominiums.

(2)

(a)

Any use allowed by conditional use permit in the "R-1c" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every Lot shall have a Lot Area of not less than 10,000 square feet and a minimum width at the front setback line of 80 feet.

(d)

Lot area per family. Every Lot shall have a Lot Area of not less than 5,000 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-2 zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

Section F. - Zoning district R-3, Multi-Family Residential district.

(1)

(a)

Any use permitted in the "R-2" district subject to the applicable land use regulations.

(b)

Multi-family dwellings.

(2)

(a)

Any use allowed by conditional use permit in the "R-2" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 10,000 square feet and a minimum width at the front setback line of 60 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 2,500 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-3 zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

When a dwelling is over two stories in height, the minimum width requirements for a side yard shall be increased by three feet for each additional story beyond the first two stories.

(7)

The minimum width of side yards with lots containing a multi-family dwelling with over three dwelling units shall be increased by ten feet for each additional dwelling unit beyond three units.

(8)

Section G. - Zoning district C-1 Neighborhood Business district/Limited Commercial district.

(1)

(a)

(b)

Antiques and interior decorating shops.

(c)

Bakery or pastry shops when restricted to the processing of bakery goods for retail sale on the premises only.

(d)

Banks, financial institutions and savings and loan associations, including separate freestanding drive-in facilities.

(e)

Barber and beauty shops.

(f)

Bed and breakfast homes.

(g)

Book and stationery stores.

(h)

Camera or photographic supply shops for retail sales, including film drop-off and pickup stations, not including drive-through facilities.

(i)

Candy and ice cream stores.

(j)

Dry cleaning and pressing establishments, but not wholesale cleaning or pressing.

(k)

Florist shops.

(l)

Gift shops.

(m)

Household services, including appliance repair, bicycle repair, carpeting and draperies, electrical, heating and cooling, painting, plumbing, radio and television repair and upholstery.

(n)

Laundromat.

(o)

Medical and dental offices.

(p)

(q)

Opticians and optometrists.

(r)

Photocopying and printing shops.

(s)

Schools, colleges and academies, public and private, including business, commercial, computer, dance, drama, martial arts, music, trade and vocational.

(t)

Work areas for artists, candy makers, dressmakers, milliners and tailors. Goods and services associated with these uses may be sold or provided directly to the public on the premises.

(u)

Watch repair shops.

(v)

Indoor shooting ranges.

(w)

(2)

(a)

(b)

Single-family dwellings.

(c)

Two-family dwellings.

(d)

Multi-family dwellings.

(e)

Drive-in restaurant and other drive-in establishments.

(f)

Drugstores.

(g)

Laboratories and research laboratories.

(h)

Lithography and publishing.

(i)

Restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises.

(j)

Service facilities, studios or work areas of antique restoration, film processors, fishing tackle and bait shops and souvenir sales.

(k)

Filling stations not including automobile service.

(l)

Temporary and seasonal roadside stands.

(m)

Tool rental and sales — no outdoor storage or display allowed on property.

(n)

Any agency which provides substance abuse treatment and services;

Agency, as used herein, shall mean an entity responsible for the delivery of substance abuse treatment and rehabilitation services.

Substances abuse, as used herein, shall mean alcohol abuse, drug abuse, alcohol dependency or drug dependency.

(o)

Accessory buildings which are subordinate to in use to the main building.

(p)

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Side yards. No building or structure shall be erected or altered within ten feet of the side lot line.

(c)

Lot area per family. Every lot shall have a lot area of not less than 6,000 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(f)

Only one freestanding building shall be permitted on each lot or tract of land. This limitation shall not include buildings for accessory uses.

(g)

(4)

(a)

Accessory uses or buildings customarily incidental to any of the above uses.

(b)

(c)

(d)

(5)

Height requirements. The maximum heights of all buildings in the district shall be as follows:

(a)

(b)

(6)

Signs. Signs, when displayed, shall be under the following conditions and circumstances:

(a)

(b)

Attached signs shall not project above the principal roof of a building, except that a sign may be attached flat against or painted on a parapet-wall not exceeding three feet above such roof line.

(c)

The aggregate gross area in square feet of all signs on a lot shall not exceed the number of lineal feet of such lot and in no case shall it exceed a total of 100 square feet on any one street.

(d)

(e)

(f)

Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the commission.

(7)

(8)

Section H. - Zoning district C-2, General Commercial district.

(1)

(a)

Any use permitted in the "C-1" district subject to the applicable land use regulations.

(b)

Ambulance service offices and garages.

(c)

Amusement enterprises.

(d)

Animal feed and farm seed stores.

(e)

Automobile sales (new and used).

(f)

Automobile parts sales and automobile service.

(g)

Boat sales.

(h)

Cabinet and home furnishing stores.

(i)

Camera or photographic supply shops for retail sales, including film drop-off and pickup stations.

(j)

Dance halls.

(k)

Department stores.

(l)

Drive-in restaurants, theaters and other drive-in establishments.

(m)

Drug stores.

(n)

Farm implement sales and service.

(o)

Funeral homes and mortuaries.

(p)

Furniture sales.

(q)

Golf courses, including miniature golf, driving ranges and practice ranges.

(r)

Hotels.

(s)

Liquor stores, retail.

(t)

Motels.

(u)

Music, radio, computer or television sales and service facilities.

(v)

Nurseries and garden supplies.

(w)

Retail and wholesale stores.

(x)

Restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises.

(y)

Filling stations and automobile service.

(z)

(aa)

Medical marijuana dispensary facility, which shall be subject to all C-2 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

(b)

Mixed-use building.

(c)

Mixed-use dwellings.

(d)

Reserved.

(e)

Fuel outlets (bulk).

(f)

Golf courses.

(g)

Helipads.

(h)

Any use substantially similar to the foregoing conditional uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed conditional uses, there shall be taken into consideration any objectionable characteristics of the proposed use including but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out [in] article XIV, Conditional Use Regulations, and provided further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Code.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(5)

(Ord. No. 1970, § 4, 6-17-19; Ord. No. 1992, § 3, 2-18-20)

Section I. - Zoning district C-3, Shopping Center district.

(1)

(a)

Any use permitted in the "C-2" district subject to the applicable land use regulations, except automobile sales (used) are not permitted in the C-2 district.

(b)

Medical marijuana dispensary facility, which shall be subject to all C-3 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

Any use allowed by conditional use permit in the "C-2" district subject to the applicable land use regulations, except two-family dwellings are not allowed in the "C-3" district.

(b)

Mixed-use building.

(c)

Mixed-use dwelling.

(d)

Building material supplies and lumber yards.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Lot area. Every lot shall have a lot area of not less than ten acres.

(c)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

(Ord. No. 1970, § 5, 6-17-19)

Section J. - Zoning district C-4, Central Business district.

(1)

(a)

(b)

Automobile sales, (used).

(c)

Printing, lithography and publishing, including office duplicating.

(2)

(a)

(b)

Two-family dwellings- above commercial uses.

(c)

Mixed use building.

(d)

Mixed-use dwelling.

(e)

Drive-through restaurant and other drive-through establishments, except freestanding drive-in bank facilities.

(f)

Filling stations, including automobile service.

(g)

Home occupations.

(h)

Laundromat.

(i)

Single-family dwellings.- above commercial uses.

(j)

Accessory uses or buildings customarily incidental to any of the above permitted or conditional uses.

Refuse disposal. The storage and collection of refuse shall be so managed as to create no health hazard, rodent harboring, insect breeding areas, accident hazards or air pollution. All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be provided in sufficient number and capacity to accommodate all refuse. Satisfactory containers shall be provided at permanent locations, in areas appropriately and visually screened and accessible to solid waste collection vehicles.

(3)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(4)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(5)

Section K. - Zoning district I-1, Light Industrial district.

(1)

(a)

Bakeries.

(b)

Bottling works.

(c)

Book binderies.

(d)

Building material sales and lumber yards.

(e)

Electrical equipment assembly and manufacture.

(f)

Freighting or trucking yards or terminals.

(g)

Food products processing and packing.

(h)

Furniture manufacturing.

(i)

Instrument and meter manufacturing.

(j)

Jewelry and watch manufacturing.

(k)

Laboratories.

(l)

Laundry and cleaning establishments.

(m)

Leather goods fabrication.

(n)

Optical goods manufacturing.

(o)

Paper products manufacturing.

(p)

Sporting goods manufacturing.

(q)

Trailer or manufactured home manufacturing.

(r)

Tool rental and sales — outdoor storage or display allowed on property.

(r)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(s)

(t)

Indoor shooting ranges.

(u)

Non-retail medical marijuana facilities, which all shall be subject to all I-1 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

Above ground storage tanks.

(b)

Adult business establishment.

(c)

(d)

Contractor's yard.

(e)

Carting, express, hauling or storage yard.

(f)

Coal, coke or wood yard.

(g)

Milk distributing station.

(h)

Off-premise advertising signage.

(i)

Telecommunication facilities.

(j)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(k)

Any use substantially similar to the foregoing conditional uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed conditional uses, there shall be taken into consideration any objectionable characteristics of the proposed use including but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out [in] article XIV, conditional use regulations, and provided further, however, that any such substantially similar conditional use shall be consistent in all other respects with the provisions of this Code.

(l)

(m)

Storage yards.

(n)

Commercial storage facilities.

(o)

Self-service storage facilities.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Side yards. No building or structure shall be erected or altered within 20 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than one acre and a minimum width at the front setback line of 100 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 100 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 75 percent of the lot area.

(4)

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

(Ord. No. 1958, § 1, 4-1-19; Ord. No. 1970, § 6, 6-17-19; Ord. No. 1992, § 4, 2-18-20)

Section L. - Zoning district I-2, Heavy Industrial district.

(1)

(a)

Any use permitted in the "I-1" district subject to the applicable land use regulations.

(b)

Non-retail medical marijuana facilities, which all shall be subject to all I-2 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

Any use allowed by conditional use permit in the "I-1" district subject to the applicable land use regulations, except tool rental and sales are not allowed in the "I-2" district.

(b)

Acid manufacture.

(c)

Ammonia manufacturing, refining, or wholesale storage.

(d)

Asphalt mixing, manufacturing and similar processes and operations.

(e)

Cement, lime, gypsum or plaster of paris manufacture.

(f)

Distillation of bones and glue manufacture.

(g)

Explosive manufacture or storage.

(h)

Fat rendering.

(i)

Fertilizer manufacturing.

(j)

Gas manufacturing, refining.

(k)

(l)

Refining of petroleum or its products, and storage of petroleum products for distribution in areas beyond the city and its environs.

(m)

Smelting of tin, copper, zinc or iron ores.

(n)

Stockyards or the slaughter of animals.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Side yards. No building or structure shall be erected or altered within 20 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than one acre and a minimum width at the front setback line of 100 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 100 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 75 percent of the lot area.

(4)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this appendix.

(Ord. No. 1970, § 9, 6-17-19)

Section M. - Zoning district F, Floodplain district.

(1)

Use regulations. All buildings and land within an F zoning district shall be limited to the following uses:

(a)

The growing of agricultural crops and nursery stock and gardening.

(b)

The keeping of agricultural livestock in accordance with the municipal ordinance relating thereto.

(c)

Public recreation.

(d)

No building shall be erected, converted, or enlarged on any parcel of land without the approval of the administrative officer.

Section N. - Zoning district M, Manufactured Home district.

(1)

Use regulations. All buildings and land within an M zoning district shall be limited to the following uses:

(a)

Manufactured homes.

(b)

(2)

Design standards.

(a)

A manufactured home district shall be no less than five acres in total area.

(b)

Each manufactured home in a manufactured home district shall occupy a designated space having at least 4,000 square feet of lot area.

(c)

Each manufactured home space shall have a width of at least 40 feet, exclusive of common driveways.

(d)

(e)

(f)

(g)

(h)

(i)

The manufactured home district and all occupied units located in it must be connected to the municipal water and sewerage systems.

(j)

(k)

(l)

A steel cable shall be securely attached at all corners of each manufactured home to a concrete anchor which extends at least 24 inches below the surface of the ground.

(m)

Any expansion of manufactured home districts in existence on the effective date of this appendix shall comply with the provisions of this section.

Section O. - "HD" Historic Downtown Overlay district.

(1)

(2)

(3)

(4)

Section P. - "HC" Highway Corridor Overlay district.

(1)

(2)

Location. The "HC" Highway Corridor Overlay district shall be applied to only those designated areas as shown on the official zoning district map of the City of St. Clair.

(3)

Permitted uses. Only those uses listed as primary permitted uses for the underlying zoning district, as shown on the official zoning district map, shall be allowed as permitted uses.

(4)

(5)

(6)

Regulations and performance standards.

(a)

Inadequate or unsafe access to the development;

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

Undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve or are proposed to serve the development;

Development which will be incompatible with the purposes of this appendix; and/or

Detrimental environmental impact on the surrounding area, including aesthetics.

These regulations apply to new construction and are applicable when a preliminary plat and/or site plan is required under the guidelines established in the code.

(b)

Designation of open space in residential developments; buffer yards; berms.

No area of interior project common open space in the residential development plan shall be less than ten feet in width at its smallest dimension.

For residential properties fronting along Interstate 44, there shall be a minimum berming and dense landscaping of ten feet in height to mitigate the effects of noise on residential dwelling units.

(c)

Any part of the lot not used for buildings or other structures, or parking, loading or access ways shall be landscaped with sod, ground cover, trees and shrubs.

A minimum planting strip of 15 feet in width shall be provided and maintained within the required front yard. Trees shall be spaced no greater than 35 feet on-center across all front yards.

The buffer shall contain evergreen plant material with a minimum height of six feet planted on ten foot centers and staggered.

The minimum area to be devoted to green open space and landscaping shall be equal to a percentage of the gross area of the site as follows:

Gross Area Green Space and Landscaping

1 to 3.999 acres ....25%

4 acres and larger ....20%

Each nonresidential site, upon development, shall have installed an automatic, permanent irrigation system designed to cover all landscaped areas, if significant in size, and per site plan approval.

10.

(d)

Lighting.

No light standards utilized for the illumination of parking areas shall exceed 25 feet in height. No other light standard shall exceed 18 feet in height.

The pole, pole base, and fixture housing shall be bronze or black.

All lighting shall be metal halide and served with underground cables.

All parking areas and walkways shall be illuminated so as to produce a minimum uniform illumination of two foot candles within said area but no more than one-half foot candles at the property line.

(e)

Architectural Design Standards.

The primary color on all buildings shall be earth tone color(s). Non-earth tone colors may be permitted as accent markings upon review and approval by the commission.

Roof coverings for pitched roofs shall be composed of one of the following materials:

Architectural asphalt shingles (black thunderstorm, gray, or dark green in color).

Wood shakes.

Slate shingles.

Commission approved color standing seam metal.

Architecturally enhanced parapet for flat roofing systems.

Gasoline canopies shall be architecturally compatible with the principal Structure on the premises and shall not exceed a height of 18 feet.

All retaining walls shall be architecturally compatible with the principal structure and be constructed of an architectural masonry material. Wood ties and cinder block materials are prohibited.

All service doors and/or overhead doors shall have an exterior color which predominately matches the building color.

Buildings are encouraged to utilize Leadership in Energy and Environmental Design (LEED) concepts and principles in their design and construction.

(f)

(g)

Signage. All signage shall be governed by the provisions of the city's sign regulations.

(h)

(i)

Detention. Any above ground stormwater holding facilities shall be constructed as retention basins. Detention facilities shall be located underground.

(j)

(k)

Density bonus.

If a density bonus is requested, the applicant shall document all site amenities, improvements and location of additional lots for the city's review and consideration.

(l)

(m)

(n)

Scope of review. The commission shall consider, but not be limited to, the following factors in review of the site plan:

Access to site.

Drainage system of both roads and land development.

Exterior colors and materials.

Height, bulk and area of building.

Plot plan including landscaping and screen planting, parking, and loading spaces.

Recreational facilities and open space provisions.

Relation to existing structures in the vicinity.

Setback distances from all property lines.

Sewage disposal system.

10.

Size and spacing of windows, doors and other openings.

11.

Size, type and location of signs.

12.

Size, type and location of towers, chimneys, roof structures, flagpoles, antennas, etc.

13.

Solid waste collection system.

14.

Type and pitch of roofs.

15.

Water distribution system.

Design manual. The administrative officer is authorized to compile and keep on file a manual demonstrating the design requirements of the "HC" Highway Corridor Overlay district.

(o)

Zoning district map.

Maintenance. The administrative officer or his/her designee shall maintain the zoning district map and shall be responsible for making any officially approved changes thereto.

St Clair City Zoning Code

ARTICLE V

- USE REGULATIONS BY ZONING DISTRICT

Section A. - Zoning district A-1, General Agricultural district.

(1)

(a)

Agricultural uses such as nurseries, truck gardens, berry or bush crops, tree crops, flower crops, orchards, aviaries and apiaries, and the raising of field crops.

(b)

Single-family dwelling.

(c)

Two-family dwellings.

(d)

Churches, mosques and synagogues.

(e)

Garage sales.

(f)

Home occupations.

(g)

Public parks and playgrounds, including public recreation or service buildings within such parks.

(h)

Public buildings, facilities and utilities, including but not limited to, police and fire stations, administrative buildings, libraries and museums.

(i)

Public reservoirs, wells, water towers, filter beds, water supply plants, and water or wastewater pumping stations.

(j)

(k)

Publicly owned and operated community buildings.

(l)

Surface transportation, pipelines, utility easements and rights-of-way.

(m)

Temporary real estate sales office. This does not include a mobile or portable building or portable structure.

(n)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(o)

(p)

(2)

(a)

Agricultural uses such as grazing, pasturing, breeding and raising of livestock or poultry.

(b)

Airports, airfields and heliports.

(c)

Bed and breakfast homes.

(d)

Cemeteries, which may include mausoleums thereon, for humans.

(e)

Earth sheltered homes.

(f)

Golf courses, country clubs and clubhouses appurtenant thereto.

(g)

Hospitals, nursing homes and similar facilities.

(h)

Kennels.

(i)

Mortuaries and funeral homes, which may include crematoria, for humans.

(j)

Private clubs and lodges including swimming or tennis clubs.

(k)

Private lakes and reservoirs.

(l)

(m)

(n)

Family day care homes, day care centers, preschool centers, nursery schools, child play care centers, child education centers, child experiment stations, or child development institutions.

Adult day care.

Group homes for foster care.

Group homes for mentally or physically handicapped persons.

(o)

Stables or riding academies.

(p)

Telecommunication facilities.

(q)

Temporary and seasonal roadside stands.

(r)

Section B. - Zoning district R-1a, Single-Family Estate Residential district.

(1)

(a)

Agricultural uses such as nurseries, truck gardens, berry or bush crops, tree crops, flower crops, orchards, aviaries and apiaries, and the raising of field crops.

(b)

Surface transportation, pipelines, and utility easements and rights-of-way.

(c)

Single-family dwellings.

(d)

Religious assemblies and institutions.

(e)

Garage sales.

(f)

Home occupations.

(g)

Public parks and playgrounds, including public recreation or service buildings within such parks.

(h)

Public buildings, facilities and utilities, including but not limited to, police and fire stations, administrative buildings, libraries and museums.

(i)

Public reservoirs, wells, water towers, filter beds, water supply plants, and water or wastewater pumping stations.

(j)

Public schools, elementary and secondary, and public institutions of higher learning including gymnasiums, stadiums, and dormitories if located on the campus of such school. Before any building or structure shall be hereafter constructed on a campus of an institution of higher learning, a development plan of the campus shall be submitted to the commission, and after a public hearing, the commission shall report its recommendations to the board of aldermen. If the board of aldermen shall approve the development plan by ordinance, such plan shall be filed with the permanent records of the city. The development plan shall show existing and future buildings, parking areas, streets and drives, athletic facilities and other features that may affect surrounding property or the public interest. The building inspector or zoning code administrator shall determine, or cause to be determined, that any building or structure hereafter constructed substantially conforms to the approved plan prior to the issuance or a building permit. If at any time a major deviation from the approved development plan is proposed, said plan shall be amended and submitted to the commission and the board of aldermen for approval in the same manner as the original plan.

(k)

Publicly owned and operated community buildings.

(l)

(m)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(n)

(o)

(2)

(a)

Agricultural uses such as grazing, pasturing, breeding and raising of livestock or poultry.

(b)

Airports, airfields and heliports.

(d)

Cemeteries, which may include mausoleums thereon, for humans.

(e)

Earth sheltered homes.

(f)

Golf courses, country clubs and clubhouses and recreational or service facilities appurtenant thereto.

(g)

Hospitals, nursing homes and similar facilities.

(h)

Kennels.

(i)

Mortuaries and funeral homes, which may include crematoria, for humans.

(j)

Private clubs and lodges including swimming or tennis clubs.

(k)

Private lakes and reservoirs.

(l)

(m)

(n)

Family day care homes, day care centers, preschool centers, nursery schools, child play care centers, child education centers, child experiment stations, or child development institutions.

Adult day care.

Group homes for foster care.

Group homes for mentally or physically handicapped persons.

(o)

Stables or riding academies.

(p)

Temporary and seasonal roadside stands.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 20,000 square feet and a minimum width at the front setback line of 150 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Water supply and sewer system. Each lot shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

Section C. - Zoning district R-1b, Single-Family Residential district.

(1)

(a)

Any use permitted in the "R-1a" district subject to the applicable land use regulations, except agricultural uses are not permitted in the "R-1b" district.

(2)

(a)

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 10,000 square feet and a minimum width at the front setback line of 80 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. off-street parking space shall be provided in accordance with the requirements set forth in article ix of this appendix.

On all lots of less than 10,000 square feet existing on August 2, 2004, existing structures and new structures may be expanded or built in accordance with the setbacks set forth below:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 15 feet of the front and rear lot lines.

(b)

(c)

The minimum lot width shall be measured as a horizontal distance between the side lot lines.

(d)

Section D. - Zoning district R-1c, Single-Family Residential district.

(1)

(a)

Any use permitted in the "R-1b" district subject to the applicable land use regulations.

(2)

(a)

Any use allowed by conditional use permit in the "R-1 b" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 6,000 square feet and a minimum width at the front setback line of 60 feet.

(d)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-1c zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

On all lots of less than 10,000 square feet existing on August 2, 2004, existing structures and new structures may be expanded or built in accordance with the setbacks set forth below:

(a)

Front and rear yards. No building or structure shall be erected or structurally altered within 15 feet of the front and rear lot lines.

(b)

(c)

The minimum lot width shall be measured as a horizontal distance between the side lot lines.

(d)

Section E. - Zoning district R-2, Two-Family Residential district.

(1)

(a)

Any use permitted in the "R-1c" district subject to the applicable land use regulations.

(b)

Two-family dwellings.

(c)

Condominiums.

(2)

(a)

Any use allowed by conditional use permit in the "R-1c" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every Lot shall have a Lot Area of not less than 10,000 square feet and a minimum width at the front setback line of 80 feet.

(d)

Lot area per family. Every Lot shall have a Lot Area of not less than 5,000 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-2 zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

Section F. - Zoning district R-3, Multi-Family Residential district.

(1)

(a)

Any use permitted in the "R-2" district subject to the applicable land use regulations.

(b)

Multi-family dwellings.

(2)

(a)

Any use allowed by conditional use permit in the "R-2" district subject to the applicable land use regulations.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

(c)

Lot area. Every lot shall have a lot area of not less than 10,000 square feet and a minimum width at the front setback line of 60 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 2,500 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(4)

Water supply and sewage system. Each lot within a R-3 zoning district shall be served by a public water supply and a public sewer system.

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

When a dwelling is over two stories in height, the minimum width requirements for a side yard shall be increased by three feet for each additional story beyond the first two stories.

(7)

The minimum width of side yards with lots containing a multi-family dwelling with over three dwelling units shall be increased by ten feet for each additional dwelling unit beyond three units.

(8)

Section G. - Zoning district C-1 Neighborhood Business district/Limited Commercial district.

(1)

(a)

(b)

Antiques and interior decorating shops.

(c)

Bakery or pastry shops when restricted to the processing of bakery goods for retail sale on the premises only.

(d)

Banks, financial institutions and savings and loan associations, including separate freestanding drive-in facilities.

(e)

Barber and beauty shops.

(f)

Bed and breakfast homes.

(g)

Book and stationery stores.

(h)

Camera or photographic supply shops for retail sales, including film drop-off and pickup stations, not including drive-through facilities.

(i)

Candy and ice cream stores.

(j)

Dry cleaning and pressing establishments, but not wholesale cleaning or pressing.

(k)

Florist shops.

(l)

Gift shops.

(m)

Household services, including appliance repair, bicycle repair, carpeting and draperies, electrical, heating and cooling, painting, plumbing, radio and television repair and upholstery.

(n)

Laundromat.

(o)

Medical and dental offices.

(p)

(q)

Opticians and optometrists.

(r)

Photocopying and printing shops.

(s)

Schools, colleges and academies, public and private, including business, commercial, computer, dance, drama, martial arts, music, trade and vocational.

(t)

Work areas for artists, candy makers, dressmakers, milliners and tailors. Goods and services associated with these uses may be sold or provided directly to the public on the premises.

(u)

Watch repair shops.

(v)

Indoor shooting ranges.

(w)

(2)

(a)

(b)

Single-family dwellings.

(c)

Two-family dwellings.

(d)

Multi-family dwellings.

(e)

Drive-in restaurant and other drive-in establishments.

(f)

Drugstores.

(g)

Laboratories and research laboratories.

(h)

Lithography and publishing.

(i)

Restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises.

(j)

Service facilities, studios or work areas of antique restoration, film processors, fishing tackle and bait shops and souvenir sales.

(k)

Filling stations not including automobile service.

(l)

Temporary and seasonal roadside stands.

(m)

Tool rental and sales — no outdoor storage or display allowed on property.

(n)

Any agency which provides substance abuse treatment and services;

Agency, as used herein, shall mean an entity responsible for the delivery of substance abuse treatment and rehabilitation services.

Substances abuse, as used herein, shall mean alcohol abuse, drug abuse, alcohol dependency or drug dependency.

(o)

Accessory buildings which are subordinate to in use to the main building.

(p)

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Side yards. No building or structure shall be erected or altered within ten feet of the side lot line.

(c)

Lot area per family. Every lot shall have a lot area of not less than 6,000 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(f)

Only one freestanding building shall be permitted on each lot or tract of land. This limitation shall not include buildings for accessory uses.

(g)

(4)

(a)

Accessory uses or buildings customarily incidental to any of the above uses.

(b)

(c)

(d)

(5)

Height requirements. The maximum heights of all buildings in the district shall be as follows:

(a)

(b)

(6)

Signs. Signs, when displayed, shall be under the following conditions and circumstances:

(a)

(b)

Attached signs shall not project above the principal roof of a building, except that a sign may be attached flat against or painted on a parapet-wall not exceeding three feet above such roof line.

(c)

The aggregate gross area in square feet of all signs on a lot shall not exceed the number of lineal feet of such lot and in no case shall it exceed a total of 100 square feet on any one street.

(d)

(e)

(f)

Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the commission.

(7)

(8)

Section H. - Zoning district C-2, General Commercial district.

(1)

(a)

Any use permitted in the "C-1" district subject to the applicable land use regulations.

(b)

Ambulance service offices and garages.

(c)

Amusement enterprises.

(d)

Animal feed and farm seed stores.

(e)

Automobile sales (new and used).

(f)

Automobile parts sales and automobile service.

(g)

Boat sales.

(h)

Cabinet and home furnishing stores.

(i)

Camera or photographic supply shops for retail sales, including film drop-off and pickup stations.

(j)

Dance halls.

(k)

Department stores.

(l)

Drive-in restaurants, theaters and other drive-in establishments.

(m)

Drug stores.

(n)

Farm implement sales and service.

(o)

Funeral homes and mortuaries.

(p)

Furniture sales.

(q)

Golf courses, including miniature golf, driving ranges and practice ranges.

(r)

Hotels.

(s)

Liquor stores, retail.

(t)

Motels.

(u)

Music, radio, computer or television sales and service facilities.

(v)

Nurseries and garden supplies.

(w)

Retail and wholesale stores.

(x)

Restaurants and shops in which food or beverages are sold directly to the public for consumption on the premises.

(y)

Filling stations and automobile service.

(z)

(aa)

Medical marijuana dispensary facility, which shall be subject to all C-2 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

(b)

Mixed-use building.

(c)

Mixed-use dwellings.

(d)

Reserved.

(e)

Fuel outlets (bulk).

(f)

Golf courses.

(g)

Helipads.

(h)

Any use substantially similar to the foregoing conditional uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed conditional uses, there shall be taken into consideration any objectionable characteristics of the proposed use including but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out [in] article XIV, Conditional Use Regulations, and provided further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Code.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(5)

(Ord. No. 1970, § 4, 6-17-19; Ord. No. 1992, § 3, 2-18-20)

Section I. - Zoning district C-3, Shopping Center district.

(1)

(a)

Any use permitted in the "C-2" district subject to the applicable land use regulations, except automobile sales (used) are not permitted in the C-2 district.

(b)

Medical marijuana dispensary facility, which shall be subject to all C-3 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

Any use allowed by conditional use permit in the "C-2" district subject to the applicable land use regulations, except two-family dwellings are not allowed in the "C-3" district.

(b)

Mixed-use building.

(c)

Mixed-use dwelling.

(d)

Building material supplies and lumber yards.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Lot area. Every lot shall have a lot area of not less than ten acres.

(c)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

(Ord. No. 1970, § 5, 6-17-19)

Section J. - Zoning district C-4, Central Business district.

(1)

(a)

(b)

Automobile sales, (used).

(c)

Printing, lithography and publishing, including office duplicating.

(2)

(a)

(b)

Two-family dwellings- above commercial uses.

(c)

Mixed use building.

(d)

Mixed-use dwelling.

(e)

Drive-through restaurant and other drive-through establishments, except freestanding drive-in bank facilities.

(f)

Filling stations, including automobile service.

(g)

Home occupations.

(h)

Laundromat.

(i)

Single-family dwellings.- above commercial uses.

(j)

Accessory uses or buildings customarily incidental to any of the above permitted or conditional uses.

Refuse disposal. The storage and collection of refuse shall be so managed as to create no health hazard, rodent harboring, insect breeding areas, accident hazards or air pollution. All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be provided in sufficient number and capacity to accommodate all refuse. Satisfactory containers shall be provided at permanent locations, in areas appropriately and visually screened and accessible to solid waste collection vehicles.

(3)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(4)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area.

(5)

Section K. - Zoning district I-1, Light Industrial district.

(1)

(a)

Bakeries.

(b)

Bottling works.

(c)

Book binderies.

(d)

Building material sales and lumber yards.

(e)

Electrical equipment assembly and manufacture.

(f)

Freighting or trucking yards or terminals.

(g)

Food products processing and packing.

(h)

Furniture manufacturing.

(i)

Instrument and meter manufacturing.

(j)

Jewelry and watch manufacturing.

(k)

Laboratories.

(l)

Laundry and cleaning establishments.

(m)

Leather goods fabrication.

(n)

Optical goods manufacturing.

(o)

Paper products manufacturing.

(p)

Sporting goods manufacturing.

(q)

Trailer or manufactured home manufacturing.

(r)

Tool rental and sales — outdoor storage or display allowed on property.

(r)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(s)

(t)

Indoor shooting ranges.

(u)

Non-retail medical marijuana facilities, which all shall be subject to all I-1 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

Above ground storage tanks.

(b)

Adult business establishment.

(c)

(d)

Contractor's yard.

(e)

Carting, express, hauling or storage yard.

(f)

Coal, coke or wood yard.

(g)

Milk distributing station.

(h)

Off-premise advertising signage.

(i)

Telecommunication facilities.

(j)

Accessory buildings which are customary, incidental and subordinate in use to the main building.

(k)

Any use substantially similar to the foregoing conditional uses in terms of the effect of the proposed use upon the surrounding properties, provided that in determining whether such proposed use is substantially similar to the expressed conditional uses, there shall be taken into consideration any objectionable characteristics of the proposed use including but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out [in] article XIV, conditional use regulations, and provided further, however, that any such substantially similar conditional use shall be consistent in all other respects with the provisions of this Code.

(l)

(m)

Storage yards.

(n)

Commercial storage facilities.

(o)

Self-service storage facilities.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Side yards. No building or structure shall be erected or altered within 20 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than one acre and a minimum width at the front setback line of 100 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 100 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 75 percent of the lot area.

(4)

(5)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in article IX of this appendix.

(6)

(Ord. No. 1958, § 1, 4-1-19; Ord. No. 1970, § 6, 6-17-19; Ord. No. 1992, § 4, 2-18-20)

Section L. - Zoning district I-2, Heavy Industrial district.

(1)

(a)

Any use permitted in the "I-1" district subject to the applicable land use regulations.

(b)

Non-retail medical marijuana facilities, which all shall be subject to all I-2 zoning district regulations, Article VII, section X, and all requirements found in Article XIX.

(2)

(a)

Any use allowed by conditional use permit in the "I-1" district subject to the applicable land use regulations, except tool rental and sales are not allowed in the "I-2" district.

(b)

Acid manufacture.

(c)

Ammonia manufacturing, refining, or wholesale storage.

(d)

Asphalt mixing, manufacturing and similar processes and operations.

(e)

Cement, lime, gypsum or plaster of paris manufacture.

(f)

Distillation of bones and glue manufacture.

(g)

Explosive manufacture or storage.

(h)

Fat rendering.

(i)

Fertilizer manufacturing.

(j)

Gas manufacturing, refining.

(k)

(l)

Refining of petroleum or its products, and storage of petroleum products for distribution in areas beyond the city and its environs.

(m)

Smelting of tin, copper, zinc or iron ores.

(n)

Stockyards or the slaughter of animals.

(3)

Area regulations. The height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(a)

(b)

Side yards. No building or structure shall be erected or altered within 20 feet of the side lot line.

(c)

Lot area. Every lot shall have a lot area of not less than one acre and a minimum width at the front setback line of 100 feet.

(d)

Lot area per family. Every lot shall have a lot area of not less than 100 square feet per family.

(e)

Coverage. Main and accessory buildings shall not cover more than 75 percent of the lot area.

(4)

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this appendix.

(Ord. No. 1970, § 9, 6-17-19)

Section M. - Zoning district F, Floodplain district.

(1)

Use regulations. All buildings and land within an F zoning district shall be limited to the following uses:

(a)

The growing of agricultural crops and nursery stock and gardening.

(b)

The keeping of agricultural livestock in accordance with the municipal ordinance relating thereto.

(c)

Public recreation.

(d)

No building shall be erected, converted, or enlarged on any parcel of land without the approval of the administrative officer.

Section N. - Zoning district M, Manufactured Home district.

(1)

Use regulations. All buildings and land within an M zoning district shall be limited to the following uses:

(a)

Manufactured homes.

(b)

(2)

Design standards.

(a)

A manufactured home district shall be no less than five acres in total area.

(b)

Each manufactured home in a manufactured home district shall occupy a designated space having at least 4,000 square feet of lot area.

(c)

Each manufactured home space shall have a width of at least 40 feet, exclusive of common driveways.

(d)

(e)

(f)

(g)

(h)

(i)

The manufactured home district and all occupied units located in it must be connected to the municipal water and sewerage systems.

(j)

(k)

(l)

A steel cable shall be securely attached at all corners of each manufactured home to a concrete anchor which extends at least 24 inches below the surface of the ground.

(m)

Any expansion of manufactured home districts in existence on the effective date of this appendix shall comply with the provisions of this section.

Section O. - "HD" Historic Downtown Overlay district.

(1)

(2)

(3)

(4)

Section P. - "HC" Highway Corridor Overlay district.

(1)

(2)

Location. The "HC" Highway Corridor Overlay district shall be applied to only those designated areas as shown on the official zoning district map of the City of St. Clair.

(3)

Permitted uses. Only those uses listed as primary permitted uses for the underlying zoning district, as shown on the official zoning district map, shall be allowed as permitted uses.

(4)

(5)

(6)

Regulations and performance standards.

(a)

Inadequate or unsafe access to the development;

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

Undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve or are proposed to serve the development;

Development which will be incompatible with the purposes of this appendix; and/or

Detrimental environmental impact on the surrounding area, including aesthetics.

These regulations apply to new construction and are applicable when a preliminary plat and/or site plan is required under the guidelines established in the code.

(b)

Designation of open space in residential developments; buffer yards; berms.

No area of interior project common open space in the residential development plan shall be less than ten feet in width at its smallest dimension.

For residential properties fronting along Interstate 44, there shall be a minimum berming and dense landscaping of ten feet in height to mitigate the effects of noise on residential dwelling units.

(c)

Any part of the lot not used for buildings or other structures, or parking, loading or access ways shall be landscaped with sod, ground cover, trees and shrubs.

A minimum planting strip of 15 feet in width shall be provided and maintained within the required front yard. Trees shall be spaced no greater than 35 feet on-center across all front yards.

The buffer shall contain evergreen plant material with a minimum height of six feet planted on ten foot centers and staggered.

The minimum area to be devoted to green open space and landscaping shall be equal to a percentage of the gross area of the site as follows:

Gross Area Green Space and Landscaping

1 to 3.999 acres ....25%

4 acres and larger ....20%

Each nonresidential site, upon development, shall have installed an automatic, permanent irrigation system designed to cover all landscaped areas, if significant in size, and per site plan approval.

10.

(d)

Lighting.

No light standards utilized for the illumination of parking areas shall exceed 25 feet in height. No other light standard shall exceed 18 feet in height.

The pole, pole base, and fixture housing shall be bronze or black.

All lighting shall be metal halide and served with underground cables.

All parking areas and walkways shall be illuminated so as to produce a minimum uniform illumination of two foot candles within said area but no more than one-half foot candles at the property line.

(e)

Architectural Design Standards.

The primary color on all buildings shall be earth tone color(s). Non-earth tone colors may be permitted as accent markings upon review and approval by the commission.

Roof coverings for pitched roofs shall be composed of one of the following materials:

Architectural asphalt shingles (black thunderstorm, gray, or dark green in color).

Wood shakes.

Slate shingles.

Commission approved color standing seam metal.

Architecturally enhanced parapet for flat roofing systems.

Gasoline canopies shall be architecturally compatible with the principal Structure on the premises and shall not exceed a height of 18 feet.

All retaining walls shall be architecturally compatible with the principal structure and be constructed of an architectural masonry material. Wood ties and cinder block materials are prohibited.

All service doors and/or overhead doors shall have an exterior color which predominately matches the building color.

Buildings are encouraged to utilize Leadership in Energy and Environmental Design (LEED) concepts and principles in their design and construction.

(f)

(g)

Signage. All signage shall be governed by the provisions of the city's sign regulations.

(h)

(i)

Detention. Any above ground stormwater holding facilities shall be constructed as retention basins. Detention facilities shall be located underground.

(j)

(k)

Density bonus.

If a density bonus is requested, the applicant shall document all site amenities, improvements and location of additional lots for the city's review and consideration.

(l)

(m)

(n)

Scope of review. The commission shall consider, but not be limited to, the following factors in review of the site plan:

Access to site.

Drainage system of both roads and land development.

Exterior colors and materials.

Height, bulk and area of building.

Plot plan including landscaping and screen planting, parking, and loading spaces.

Recreational facilities and open space provisions.

Relation to existing structures in the vicinity.

Setback distances from all property lines.

Sewage disposal system.

10.

Size and spacing of windows, doors and other openings.

11.

Size, type and location of signs.

12.

Size, type and location of towers, chimneys, roof structures, flagpoles, antennas, etc.

13.

Solid waste collection system.

14.

Type and pitch of roofs.

15.

Water distribution system.

Design manual. The administrative officer is authorized to compile and keep on file a manual demonstrating the design requirements of the "HC" Highway Corridor Overlay district.

(o)

Zoning district map.

Maintenance. The administrative officer or his/her designee shall maintain the zoning district map and shall be responsible for making any officially approved changes thereto.