This chapter shall be known and may be cited as the "Zoning Chapter of the City of St. Johns, Michigan."

(Ord. 616, passed 9-23-2013)

   In order to implement the purposes of zoning as set forth in Act 207 for the maximum benefit of the people of St. Johns, the objectives of this chapter are to:

   (A)   Achieve the goals represented in the St. Johns Community Development Plan of current adoption by establishing standards for community development in accordance with these goals.

   (B)   Realize optimum economy in the expenditure of public funds for facilities and services.

   (C)   Allow each use of land to develop with the assurance that it may be carried on without facing the possibility of detrimental influence from the use on any other parcel in the zoning district.

   (D)   Provide for orderly physical development by encouraging uses of land in accordance with its character, adaptability, and suitability for particular purposes and an arrangement of land uses which will recognize the best use and location of land in order to maximize economic benefit for the community as a whole.

   (E)   Provide for an intensity of the several land uses which will allow full utilization of land without overcrowding, without overtaxing of utility services, and without interfering with the functions of particular streets and highways as indicated in the Community Development Plan.

   (F)   Eliminate to the maximum extent possible potential dangers to life and health from all uses of the land.

   (G)   Lessen congestion in the public streets by providing for off-street parking of motor vehicles and for off-street loading and unloading of commercial vehicles.

   (H)   Provide for the conservation of social and economic stability, property values, and the general character and trend of community development by encouraging the maintenance and strengthening of those features of the city’s development which contribute to the citizen’s welfare.

   (I)   Encourage all uses of the land to conform to all applicable provisions of this chapter and encourage discontinuance of existing uses that are not permitted as new uses under the provisions of the chapter.

(Ord. 616, passed 9-23-2013)

   For the purposes of this chapter certain words and terms used herein shall be defined and interpreted as follows:

   (A)   Words used in the present tense include the future.

   (B)   The singular number includes the plural and the plural, the singular.

   (C)   The word STRUCTURE includes the word BUILDING .

   (D)   The word LOT includes the word PLOT or PARCEL .

   (E)   The word PERSON includes a CORPORATION as well as an INDIVIDUAL .

   (F)   The word USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED, OR DESIGNED TO BE USED OR OCCUPIED .

   (G)   The word SHALL is always mandatory, not directory. The word MAY is permissive.

   (H)   Any word or term not defined herein shall be used with a meaning of common or standard utilization.

(Ord. 616, passed 9-23-2013)

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         (a)   A coin or token operated machine where someone may view a motion picture film, video film, or laser disc which depicts, describes, or portrays "specified sexual activities" or "specified anatomical areas," as defined herein; or

         (b)   A booth, or other such constructed area, where an individual may, for the payment of a fee, view a motion picture, film, videotape recording, or live entertainment which depicts, describes, or portrays "specified sexual activities" or "specified anatomical areas" as defined herein.

         (a)   Human genitalia in a state of sexual stimulation or arousal;

         (b)   Acts of human masturbation, sexual intercourse, or sodomy; and/or

         (c)   Fondling, or other erotic touching, of human genitalia, pubic region, buttock, or female breast.

         (a)   Less than completely and opaquely covered:

            1.   Human genitalia and pubic region;

            2.   Buttock; and

            3.   Female breast below a point immediately above the top of the areola; and

         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

         (a)   A coin or token operated machine where someone may view a motion picture film which depicts, describes or portrays "specified sexual activities" or "specified anatomical areas," as defined herein.

         (b)   A booth or other such constructed area where an individual may, for the payment of a fee, view a motion picture film, videotape recording, or live entertainment which depicts, describes or portrays "specified sexual activities" or "specified anatomical areas" as defined herein.

   ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or state departments or commissions, of overhead, surface or underground gas, electrical, steam, or water distribution or transmission systems, collection, communication, supply, treatment or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health or safety or general welfare.

      (1)   Places where such uses are conducted entirely within a completely enclosed building;

      (2)   The sale of used vehicles in operable condition; and

      (3)   The sale of salvaged materials incidental to manufacturing operations.

      (1)   Provides nursing services on a continuing bases;

      (2)   Admits the majority of the occupants upon advice of physicians as ill or infirm persons requiring nursing services;

      (3)   Provides for physician supervision; and

      (4)   Maintains medical records.

      (1)   An open area along the front lot line not less than five feet deep, measured perpendicular to the front lot line; or

      (2)   An open area on a through lot, extending from street (front lot line) to street (rear lot line) and not less than 15 feet wide, which is at no point more than five feet above the curb level of the nearest adjoining street, and is unobstructed from its lowest level to the sky, except for approved covered pedestrian walks.

(Ord. 616, passed 9-23-2013; Am. Ord. 626, passed 8-22-2016; Am. Ord. 627, passed 8-22-2016; Am. Ord. 642, passed 4-23-2018; Am. Ord. 665, passed 12-13-2021; Am. Ord. 679, passed 8-28-2023; Am. Ord. 681, passed 12-11-2023; Am. Ord. 693, passed 2-24-2025; Am. Ord. 694, passed 2-24-2025)

   In order to carry out the objectives of this chapter, the city is hereby divided into districts of different types, each type being of such number, shape, kind and area, and of such common unity of purpose and adaptability of use that are deemed most suitable to carry out the objectives of this chapter.

(Ord. 616, passed 9-23-2013)

 

   The boundaries of the district are shown upon the map designated as the zoning districts map of St. Johns, Michigan, adopted by the City Commission as a part of this chapter.

(Ord. 616, passed 9-23-2013)

   Where uncertainty exists with respect to the boundaries of any of the districts indicated on the zoning districts map, the following rules shall apply:

   (A)   Where district boundaries are indicated as approximately coinciding with the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be the boundaries.

   (B)   Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be the boundaries.

   (C)   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

(Ord. 616, passed 9-23-2013)

   Except as hereinafter provided:

   (A)   No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations specified for the district in which it is located.

   (B)   No building shall hereafter be erected or altered or located on a lot:

      (1)   To exceed the height;

      (2)   To accommodate or house a greater number of families;

      (3)   To occupy a greater percentage of lot area;

      (4)   To have narrower or smaller rear yards, front yards, side yards, or usable open space;

      (5)   The maintenance of yards, open space, lot width and area legally required for a building shall be a continuing obligation of the owner of such building or of the owner of the property on which the building is located.

   (C)   Furthermore, legally required yards, open space or lot area allocated to one building shall not, by virtue of change of ownership or for any other reason, be used to satisfy yard, open space or lot area requirements for any other building or use.

(Ord. 616, passed 9-23-2013)

   Property and structures may be used only for those uses specifically listed in District Regulations subchapter and conditioned on the requirements of this chapter. In interpreting the list of uses permitted in this chapter, a specific use such as "school" shall not be assumed to be included in a more general term such as "governmental buildings" if the specific use is listed elsewhere in the District Regulations.

(Ord. 616, passed 9-23-2013)

   When a street or alley in the city is vacated, the vacated land shall automatically be zoned to the classification of the property to which it is attached as a result of the vacation.

(Ord. 616, passed 9-23-2013)

   When property is annexed into the city, it is automatically zoned R-1 unless the City Commission, as part of its resolution approving the annexation, designates a different zoning classification.

(Ord. 616, passed 9-23-2013)

   (A)   It is the purpose of the R-1 District to encourage a predominance of dwelling structures located on individual parcels of land housing only one family or functional family. The requirements for this district are designed to protect and stabilize the essential character of these areas and to promote and encourage a suitable and safe environment for family life.

   (B)   It is recognized that a desirable living environment includes many nonresidential uses of land and buildings. In order to ensure compatibility and protect against potentially injurious effects upon residential property, certain minimum requirements are set forth for these uses, whether permitted by right or permitted by special use permit.

(Ord. 616, passed 9-23-2013)

   The following uses are permitted in the R-1 District subject to all applicable regulations of the chapter:

   The following uses of land and structures may be permitted in the R-1 District by the application for and the issuance of a special use permit when specified procedures and requirements as outlined in §§ 155.255 through 155.261 are met:

   (A)   Communication antennas (not including towers).

   (B)   Gas regulator stations, utility pumping stations, power substations and water towers not necessary for service to the adjacent residential area.

   (C)   Group day care home.

   (D)   (1)   Two-family dwellings consequent to a conversion of a single-family dwelling existing on the effective date of this chapter, provided that:

      (2)   The floor area not be increased thereby.

   Requirements for minimum lot area; minimum lot width; required front side and rear setbacks; maximum lot coverage and maximum building height identified in § 155.170, shall apply to development in the R-1 District unless otherwise provided for in this chapter.

   The R-2 District is applied to those areas within the city which are particularly suitable for a higher population density by virtue of location, present development, availability of public services, or traffic facilities. It is the purpose of the district to achieve the same character, stability, and soundness of residential environment as intended for achievement by the regulations in the low density residential district, but to allow higher density consistent with the historic development pattern of the neighborhoods.

   The following uses are permitted in the R-2 District subject to all specific regulations of this chapter.

   The following uses of land and structures may be permitted in the R-2 District by application for and the issuance of a special use permit when specified procedures and requirements as outlined in §§ 155.255 through 155.261 are met:

   (A)   There shall be no more than one principal building on any given lot. All dwelling units on a given lot must be located within the principal building.

   It is the purpose of the R-3 District to achieve the same character, stability and soundness of residential environment as intended for achievement by the regulations in the medium density residential district. The only essential difference between the R-2 and R-3 Districts is that a higher density of population is permitted and a wider variety of building types will be permitted as a matter of right in the R-3 District. The district is applied to those areas within the city which are particularly suited for higher population density because of their central location, present high density development, and high degree of public services and transportation facilities available.

   The following uses are permitted in the R-3 District subject to all specific regulations of this chapter:

   The following uses of land and structures may be permitted in the R3 District by application for and the issuance of a special use permit when specified procedures and requirements as outlined in §§ 155.255 through 155.261 are met:

   (A)   There shall be no more than one principal building on any given lot. All dwelling units on a given lot must be located within the principal building.

   It is the purpose of the R-MH District to provide appropriate sites for development and maintenance of mobile home parks within the city.

(Ord. 616, passed 9-23-2013)

   The following uses are permitted in the R-MH District subject to all specific regulations of this chapter:

   (A)   Mobile home parks.

   (B)   Accessory uses and buildings.

   (C)   Adult foster care family home or adult foster care small group home (one through six persons).

   (D)   Essential services.

   (E)   Family day care or group day care home.

   (F)   Fences.

   (G)   Gas regulator stations, utility dumping stations, power substations, and water towers; provided these uses are necessary for service to the adjacent residential area. If these uses are to service a larger area, a special use permit is required.

   (H)   Home occupations.

   (I)   The keeping of household pets.

   (J)   Off-street parking and loading.

   (K)   Signs.

   (L)   Swimming pools.

   (M)   Temporary buildings, structures, or yards for construction materials or a temporary office for the sale or rental of real property. Such buildings shall be incidental to construction work.

(Ord. 616, passed 9-23-2013)

   The following uses of land and structures may be permitted in the R-MH District by application for and the issuance of a special use permit when specified procedures and requirements as outlined in §§ 155.255 through 155.261 are met:

   (A)   Communication antennas (not including towers).

   (B)   Gas regulator stations, utility pumping stations, power substations and water towers not necessary for service to the adjacent residential area.

(Ord. 616, passed 9-23-2013)

   The site development requirements for mobile home parks shall be those standards adopted by the Michigan Mobile Home Commission. All other development shall comply with the requirements in the R-3 Zoning District.

   The MC District is designed to provide for a variety of non-profit, municipal, religious, school and similar uses, which serve the citizens of the city. The MC District is intended to facilitate the development of the governmental and other non-profit functions, consistent with the aims of the people of the city as expressed in the Community Development Plan.

(Ord. 616, passed 9-23-2013)

   In the MC District the following uses are permitted:

   (A)   Accessory uses and buildings.

   (B)   Cemeteries.

   (C)   Child care centers.

   (D)   Christmas tree sales.

   (E)   Continuation of present residential uses.

   (F)   Essential services.

   (G)   Fences.

   (H)   Fraternal, armory and legion halls.

   (I)   Funeral homes and mortuaries.

   (J)   Gas regulator stations, utility pumping stations, power substations and water towers necessary for service to the adjacent area.

   (K)   Government offices and facilities including police and fire halls, Department of Public Works, water plants and fire halls, Department of Public Works, water plants and wells, sewage treatment facilities and municipally owned utilities.

   (L)   Hospitals and quasi public health care clinics.

   (M)   Non-municipally owned public utility offices, and substations, excluding warehouses and heavy equipment storage.

   (N)   Off-street parking.

   (O)   Parks and playgrounds not conducted for profit.

   (P)   Religious institutions.

   (Q)   Schools, including day nurseries, elementary, junior high, primary and high schools.

   (R)   Signs.

   (S)   Swimming pools.

   (T)   Temporary building structures or yards.

(Ord. 616, passed 9-23-2013)

   The following uses of land and structures may be permitted in the MC District by the application for and the issuance of a special use permit when specified procedures and requirements as outlined in §§ 155.255 through 155.261 are met:

   (A)   Communication antenna (not including towers).

   (B)   Gas regulator stations, utility pumping stations, power substations and water towers not necessary for service to the adjacent residential area.

   (C)   Hospital facilities serving psychiatric and incarcerated patients.

(Ord. 616, passed 9-23-2013)

   Requirements for minimum lot area; minimum lot width; required front side and rear setbacks; maximum lot coverage and maximum building height identified in § 155.170, shall apply to development in the MC District unless otherwise provided for in this chapter.

(Ord. 616, passed 9-23-2013)

   The GC District is intended to accommodate those business activities that typically require large areas of land, may generate a large volume of motor vehicle traffic, may require large areas of off-street parking, and are potential obstacles to an efficient, convenient neighborhood service or central business district.

(Ord. 616, passed 9-23-2013)

   In the GC District the following uses are permitted:

   (A)   Generally recognized retail business or service establishments, such as the following:

      (1)   Food stores including supermarkets and all types of specialty food stores such as bakeries, candy stores, and similar uses.

      (2)   Drug stores, variety stores.

      (3)   Hardware and related stores, such as paint, wallpaper, and similar uses.

      (4)   Department stores.

      (5)   Apparel shops, including specialty shops of all sorts, shoe stores, and similar uses.

      (6)   Furniture and appliances, including rugs, floor coverings, drapery, sewing machine shops, used furniture, office supplies, and similar uses.

      (7)   Gift shops, camera shops, record shops, and similar uses.

      (8)   Service shops such as barber, beauty, laundry, cleaner, copying and similar uses.

      (9)   Minor repair shops such as shoe and watch repair.

      (10)   Banks, loan offices, stock exchange offices and other financial institutions.

      (11)   Hotels and motels.

      (12)   Travel agencies, automobile club, chamber of commerce.

      (13)   Eating and drinking establishments without drive-in or drive-thru service.

      (14)   Professional and other offices drawing a large number of clients and/or customers such as:

         (a)   Doctors, dentists, lawyers, architects; offices and clinics;

         (b)   Insurance, realty, union offices;

         (c)   Post office, public utility office.

      (15)   Newspaper offices and related printing facilities.

      (16)   Miscellaneous business services such as consumer-credit reporting agencies, mailing list and stenographic services business and management consulting services.

   (B)   Accessory uses and buildings.

   (C)   Adult businesses.

   (D)   Building materials sales, feed store and fuel dealer with outdoor display and storage.

   (E)   Car wash.

   (F)   Child care facility.

   (G)   Christmas trees sales.

   (H)   Continuation of present residential uses.

   (I)   Commercial recreation.

   (J)   Restaurants and bars without drive-in or drive-thru service.

   (K)   Essential services.

   (L)   Fences.

   (M)   Funeral homes and mortuaries.

   (N)   Gas regulator stations, utility pumping stations, power substations and water towers not necessary for service to the adjacent residential area.

   (O)   Motor vehicle, trailer, farm implement and boat display, sales and rental; provided any repair or service shall be carried on in a completely enclosed building. Outdoor space used for display of motor vehicles, trailers, or boats shall be paved and adequately maintained so as to provide a durable, smooth and dustless surface; no such display may take place in the required front yard.

   (P)   Motor vehicle repairing and car wash, when all storage of vehicles, as well as, all activities, are conducted wholly within a permanent, fully enclosed building.

   (Q)   Newspaper offices and related printing facilities.

   (R)   Off-street parking facilities.

   (S)   Office parks.

   (T)   Photographic studios.

   (U)   Post office, public utility office.

   (V)   Religious institutions.

   (W)   Retail sales of building materials, feed store, fuel dealer with outdoor display and storage.

   (X)   Signs.

   (Y)   Swimming pools.

   (Z)   Temporary buildings, structures and yards.

   (AA)   Theatres, auditoriums, and other places of public assembly where all activities are conducted inside a building.

   (BB)   Veterinary hospital or kennel when all activities are carried on in completely enclosed buildings.

   (CC)   Video gaming establishments.

   (DD)   Video sales and rental establishments.

   (EE)   Warehouse.

(Ord. 616, passed 9-23-2013)

   (A)   Auto repair shop.

   (B)   Auto service facility.

   (C)   Communication antenna (not including towers).

   (D)   Drive-in and drive-thru business where service may be in automobiles or outdoors, but all other activities shall be carried on within a building.

   (E)   Educational development and professional training services and related office functions.

   (F)   Gas regulator stations, utility pumping stations, power substations and water towers not necessary for service to the adjacent residential area.

   (G)   Gas station.

   (H)   Kennels, when all activities are carried on in completely enclosed buildings.

   (I)   Manufacturing and processing establishments selling their entire output at retail on the premises.

   (J)   Sidewalk cafes.

   (K)   Storage facilities.

(Ord. 616, passed 9-23-2013)

   Open storage. Open storage in conjunction with any retail sales establishment is permitted only when said storage is effectively screened by a solid uniformly finished wall or fence with solid entrance and exit gates, which wall or fence shall in no case be lower than the enclosed storage.

(Ord. 616, passed 9-23-2013)

   The CBD District is designed to provide for a variety of retail stores and related activities, and for office buildings and service establishments which occupy the prime retail frontage in the Central Business District, and which serve the comparison, convenience and service needs of a consumer population well beyond the corporate boundaries of the city. The district regulations are also designed to provide for a centrally located major shopping complex, serviced by conveniently located off-street parking facilities and allowing safe pedestrian movement; but to exclude non-retail uses which typically require large areas of land or generate truck traffic.

(Ord. 616, passed 9-23-2013; Am. Ord. 660, passed 3-22-2021)

   The following chart shows uses are permitted by right and by special use in the CBD District subject to all applicable regulations of this chapter, and only when all activities, including all storage, are conducted in permanent, fully enclosed buildings. In the chart, P= permitted by right, S = permitted by Special Use, and X= prohibited. The street names referenced refer to the front lot line of the lot in question. All uses not listed in the chart shall be considered prohibited in the CBD Zoning District.

 

   (A)   Residential units shall not be located on the first floor of buildings fronting Clinton Avenue, Higham Street, or Walker Street. On all other streets, residential units may be located on the first floor of mixed use buildings.

   (B)   Residential buildings with no non-residential uses shall be prohibited on Higham and Walker Streets between Brush Street and Spring Street, but shall be permitted by right on Higham and Walker Streets in all other locations within the CBD District.

   (C)   Government operations buildings shall be prohibited on Clinton Avenue between Railroad Street and State Street and on Higham Street and Walker Street between Brush Street and Spring Street, but shall be permitted by right on those streets in all other locations within the CBD District.

   (D)   The minimum gross floor area of any dwelling unit in the city shall be 500 square feet (see § 155.199). The City Commission may allow the construction of units that are smaller than the minimum by special use approval. In order for the special use to be approved, the criteria in § 155.258 must be met, and the City Commission must determine that the dwelling unit, or units, will be safe, sanitary, housing promoting high quality of life for the residents.

(Ord. 616, passed 9-23-2013; Am. Ord. 633, passed 2-12-2018; Am. Ord. 660, passed 3-22-2021)

   Uses permitted in the CBD District shall be subject to the following conditions:

   (A)   Establishments of a "drive-in" or "drive-thru" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted on Clinton Avenue.

   (B)   The operation of any machinery, or the conduct of any process or activity, or the storage or display of goods, shall be such as not to be obnoxious or offensive by reason of the emission of odors, fumes, dust, smoke, noise, or vibration, or glare of lights; nor through any sort of physical obstruction of pedestrian or vehicular traffic; and provided that any use shall not cause a measurable noise emanating from the premises which is greater than that specified under § 155.124, as measured at the property line.

(Ord. 616, passed 9-23-2013; Am. Ord. 626, passed 8-22-2016; Am. Ord. 660, passed 3-22-2021)

   The O District is intended to facilitate the development of the highest standard of office and allied functions consistent with the aims of the people of St. Johns as expressed in the community development plan. It is, therefore, also intended that the site development requirements are essential to the purpose and are designed specifically to implement it.

(Ord. 616, passed 9-23-2013)

   In the O District, the following uses are permitted subject to all specific regulations of this chapter:

   (A)   Business offices of a public utility, transportation, advertising, real estate, insurance, commercial or industrial establishment.

   (B)   Child care facility.

   (A)   Communication antenna (not including towers).

   (B)   Drive-in and drive-thru businesses where service may be in automobiles or outdoors but all other activities shall be carried on within a building.

   (C)   Gas regulator stations, utility pumping stations, power substations and water towers.

   (D)   Drive-thru for financial institutions.

(Ord. 616, passed 9-23-2013)

   (A)   Usable open space. There shall be provided on each lot an area at least equal to the required rear yard of the lot area for usable open space which shall be completely open except for projections as permitted in § 155.214 and which shall be effectively separated from areas of automobile circulation. Such area may be located anywhere on the lot other than in the required front or side yards but shall have no dimension less than 20 feet.

   (B)   Permitted encroachments into the rear yard. In addition to the projections permitted in § 155.214, the main residential building may project into the required rear yard up to, but not within, ten feet of the rear lot line. This projections shall observe the required side yard and shall be no wider than one-half of the average lot width at the projection.

(Ord. 616, passed 9-23-2013)

   (A)   The I-1 District is intended to accommodate industrial uses, uses directly serving industrial uses, and high tech and office uses. It is intended that uses in the I-1 District shall generate a minimum of noise, glare, odors, dust, vibration, air pollution, fire and safety hazards and emit no potentially harmful or obnoxious matter or radiation.

   (B)   The specific intent of this section is as follows:

      (1)   To encourage the establishment in this district of all industrial activities which meet the requirements and the intent of this section.

      (2)   To prohibit, for the benefit of the types of uses for which this district is designed, any and all other uses, such as residential and retail commercial, as well as industrial uses not compatible with all other uses in this district.

      (3)   To encourage the discontinuance of uses presently existing in the district which are nonconforming by virtue of the type of use.

      (4)   To encourage compliance with the requirements and the intent of this section by uses presently located in the district which are nonconforming by virtue of not complying with any of the applicable requirements or provisions specified in this section.

(Ord. 616, passed 9-23-2013)

   In the I-1 District, no building, structure, or land shall be used and no building or structure shall hereafter be erected, structurally altered, or enlarged except for the following uses:

   (A)   Production, processing, cleaning, testing, repair, storage, and distribution of materials, goods, foodstuffs, and products on the lot, all of which uses shall comply with the requirements specified in section § 155.214.

   (B)   (1)   Accessory uses and structures clearly appurtenant to the main use of the lot and customary to and commonly associated with the main use, such as:

      (2)   Incidental offices for management and materials control.

   (C)   Adult business.

   (D)   Bus terminals and garages.

   (E)   Christmas tree sales.

   (F)   Continuation of present residential uses.

   (G)   Contractor offices and shops such as buildings, concrete, electrical, heating, air conditioning, masonry, painting, plumbing and roofing.

   (H)   Corporate headquarters and offices.

   (I)   Essential services.

   (J)   Fences.

   (K)   Gas regulator stations, utility dumping stations, power substations, and water towers; provided these uses are necessary for service to the adjacent area. If these uses are to service a larger area, a special use permit is required.

   (L)   High tech businesses.

   (M)   Offices for management and material controls.

   (N)   Off-Street parking and loading.

   (O)   Public utility and public service uses including:

      (1)   Bus terminals and garages.

      (2)   Telephone exchanges.

   (P)   Restaurant or cafeteria facilities for employees.

   (Q)   Retail sales of material manufactured on the site.

   (R)   Signs, including identification signs referring to the principal activities performed on the premises or to the person or firm performing these activities.

   (S)   Swimming pools.

   (T)   Temporary building structures or yards.

   (U)   Truck or rail freight terminal.

   (V)   Warehouse.

(Ord. 616, passed 9-23-2013)

   (A)   Auto repair shop.

   (B)   Auto service facility.

   (C)   Communication towers.

   (D)   Communication antenna.

   (E)   Gas regulator stations, utility pumping stations, power substations and water towers not necessary for service to the adjacent residential area.

   (F)   Kennels.

   (G)   Gas storage facilities.

(Ord. 616, passed 9-23-2013)

   Any application for a zoning permit for a use in the I-1 District shall be accompanied by all information required in section § 155.403, plus:

   (A)   A description of the operations proposed, in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, fire and safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.

   (B)   Designation of the fuel to be used and any necessary engineering plans for controlling smoke.

   (C)   The proposed number of shifts to be worked and the maximum number of employees on each shift.

   (D)   A written statement, submitted and signed by the applicant, certifying that the proposed use will be operated in complete conformance with the use requirements below.

(Ord. 616, passed 9-23-2013)

   (A)   Activities in the I-1 District shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors, but shall be effectively screened by a solid, uniformly finished wall or fence which shall in no case be lower than the enclosed storage. Such storage shall not be deemed to include the parking of licensed motor vehicles under one and one-half tons rate capacity. Noise emanating from a use in this district shall not exceed the level of ordinary conversation at the boundaries of the lot. Short intermittent noise peaks may be excepted if they do not exceed normal traffic noise peaks at any point on the lot boundaries.

   (B)   Uses in this district shall be such that they:

      (1)   Emit no obnoxious, toxic, or corrosive fumes or gases except for those produced by internal combustion engines under design operating conditions.

      (2)   Emit no odorous gases or other odorous matter in such quantities as to be perceptible at or beyond any point on the lot boundaries, provided that any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.

      (3)   Emit no smoke greater than that emitted by properly operating domestic heating equipment.

      (4)   Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior or subsequent to processing.

      (5)   Produce no heat or glare humanly perceptible at or beyond the lot boundaries.

      (6)   Utilize all lighting in a manner which does not permit any light source illuminating vehicular ways, parking or service areas, or which is a part of or illuminates a sign to be visible from any point beyond the lot line of the lot on which it is located.

      (7)   Produce no physical vibrations humanly perceptible at or beyond the lot boundaries.

      (8)   Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, or of an intensity that interferes with the lawful use of any other property.

      (9)   Do not engage in the production or storage of any material designed for use as an explosive nor in the use of such material in production.

      (10)   Do not by their particular location hinder the residential function of residential streets through generation of non-residential type and high-volume traffic over these streets.

(Ord. 616, passed 9-23-2013)

   In the I-1 District, the following requirements shall apply:

   (A)   Front yard setback shall be minimum 35 feet. Side yard setback shall be minimum 20 feet with minimum 50 feet if abutting residential district. Rear setback shall be minimum 35 feet with minimum 50 feet if abutting residential district.

   (B)   Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, storage, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading, but not for storage. The rear or side yard may be eliminated where a railroad service to the site is obtained at the edge of the lot.

   (C)   Rear, side and front yard requirements shall be increased by one foot for each foot in height of structure above 25 feet.

   (D)   Solid fences or walls more than eight feet in height shall be set back from the lot boundary one foot for each additional foot in height above eight feet.

(Ord. 616, passed 9-23-2013)

   The I-2 District is established to provide location and space for those activities which necessarily require extensive open storage of materials and goods and/or outdoor production, processing, cleaning, testing, or repair. To benefit those types of uses for which this district is designed, residential uses and most retail commercial uses are excluded from this district.

(Ord. 616, passed 9-23-2013)

   In the I-2 District, the following uses are permitted:

   (A)   Production, processing, cleaning, testing, repair, storage, and distribution of materials, goods, foodstuffs, and products on the lot, all of which uses shall comply with the requirements specified in § 155.214.

   (B)   (1)   Accessory uses and structures clearly appurtenant to the main use of the lot and customary to and commonly associated with the main use, such as:

      (2)   Incidental offices for management and materials control.

   (C)   Adult business.

   (D)   Bus terminals and garages.

   (E)   Continuation of present residential uses.

   (F)   Contractor offices and shops such as buildings, concrete, electrical, heating, air conditioning, masonry, painting, plumbing and roofing.

   (G)   Corporate headquarters and offices.

   (H)   Essential services.

   (I)   Fences.

   (J)   Gas regulator stations, utility dumping stations, power substations, and water towers; provided these uses are necessary for service to the adjacent area. If these uses are to service a larger area, a special use permit is required.

   (K)   High tech businesses.

   (L)   Office park.

   (M)   Offices for management and material controls.

   (N)   Off-street parking and loading.

   (O)   Public utility and public service uses including:

      (1)   Bus terminals and garages.

      (2)   Telephone exchanges.

   (P)   Restaurant or cafeteria facilities for employees.

   (Q)   Retail sales of material manufactured on the site.

   (R)   Signs, including identification signs referring to the principal activities performed on the premises or to the person or firm performing these activities.

   (S)   Swimming pools.

   (T)   Temporary building structures or yards.

   (U)   Truck or rail freight terminal.

   (V)   Warehouse.

(Ord. 616, passed 9-23-2013)

   In the I-2 District, the following uses are permitted:

   (A)   Airports.

   (B)   Auto repair shop.

   (C)   Auto service facility.

   (D)   Communication antenna.

   (E)   Communication tower.

   (F)   Gas regulator stations, utility pumping stations, power substations and water towers.

   (G)   Junk yards.

   (H)   Kennels.

   (I)   Open storage of materials and goods and outdoor production, processing, cleaning, testing and repair.

   (J)   Sand and gravel pits, quarries, and other extraction of materials (except water) from the earth.

   (K)   Storage facilities.

   (L)   Any use that stores, manufactures or uses hazardous material in the Title III Threshold Quantity.

(Ord. 616, passed 9-23-2013)

   The following requirements apply in the I-2 District:

   (A)   Any industrial or storage uses located outside of a building shall be provided with a solid, permanently maintained wall or fence completely surrounding said uses and such wall or fence shall be no lower than the subject use or storage, and constructed to provide firm anchoring of fence posts to concrete or wall to foundations.

   (B)   Uses in this district shall be such that they:

      (1)   Emit no obnoxious, toxic, or corrosive fumes or gasses except for those produced by internal combustion engines under design operating conditions.

      (2)   Emit no odorous gases or other odorous matter in such quantities as to be perceptible at any point in any other district.

      (3)   Emit no smoke darker than No. 1 of the Ringlemann chart. For the purpose of grading the density of smoke, the Ringlemann chart, as published and used by the United States Bureau of Mines, which is hereby made a part of this Chapter, shall be the standard.

      (4)   Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior or subsequent to processing in such quantities as to be perceptible at any point in any other district.

      (5)   Produce no heat or glare humanly perceptible at or beyond the lot boundaries.

      (6)   Utilize all lighting in a manner which does not permit any light source illuminating vehicular ways, parking or service areas, or which is a part of or illuminates a sign to be visible at any point in any other district.

      (7)   Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals, or vegetation, or of an intensity that interferes with the lawful use of any other property.

      (8)   Produce no physical vibrations humanly perceptible at or beyond the lot boundaries.

      (9)   Do not by their particular location hinder the residential function of residential streets through generalization of nonresidential type and high volume traffic over these streets.

      (10)   Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production.

      (11)   Noise emanating from a use in this district shall not exceed the level of normal traffic noise at any point in any other district.

(Ord. 616, passed 9-23-2013)

   Any application for a zoning permit for a use in the I-2 District shall be accompanied by all information required in § 155.403, plus:

   (A)   A description of the operations proposed, in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, fire and safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.

   (B)   Designation of the fuel to be used and any necessary engineering plans for controlling smoke.

   (C)   The proposed number of shifts to be worked and the maximum number of employees on each shift.

   (D)   A written statement, submitted and signed by the applicant, certifying that the proposed use will be operated in complete conformance with the use requirements below.

(Ord. 616, passed 9-23-2013)

   In the I-2 District, the following requirements shall apply:

   (A)   Front yard setback shall be minimum 35 feet. Side yard setback shall be minimum 20 feet with minimum 50 feet if abutting residential district. Rear setback shall be minimum 35 feet with minimum 50 feet if abutting residential district.

   (B)   Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, storage, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading, but not for storage. The rear or side yard may be eliminated where a railroad service to the site is obtained at the edge of the lot.

   (C)   Rear, side and front yard requirements shall be increased by one foot for each foot in height of structure above 25 feet.

   (D)   Solid fences or walls more than eight feet in height shall be set back from the lot boundary one foot for each additional foot in height above eight feet.

(Ord. 616, passed 9-23-2013)

   The P District is intended to provide for flexibility in the provision of off-street parking facilities for nonresidential uses in certain locations, to protect residentially zoned land from undesirable influences from automobile parking operations, and to facilitate the transition between residential and nonresidential uses.

(Ord. 616, passed 9-23-2013)

   The following uses are permitted in the P District, subject to all applicable provisions of this chapter:

   (A)   Parking.

   (B)   Accessory uses and structures.

   (C)   Essential services.

   (D)   Fences.

   (E)   Gas regulator stations, utility dumping stations, power substations, and water towers; provided these uses are necessary for service to the adjacent residential area. If these uses are to service a larger area, a special use permit is required.

   (F)   Signs essential for the operation of the parking facility.

   (G)   Temporary buildings, structures, or yards for construction materials or a temporary office for the sale or rental of real property. Such buildings shall be incidental to construction work.

(Ord. 616, passed 9-23-2013)

   (A)   Communication antenna (not including towers).

   (B)   Gas regulator stations, utility pumping stations, power substations and water towers.

(Ord. 616, passed 9-23-2013)

   The following requirements shall apply in the P District:

   (A)   In order to be eligible for the affixing of this district, the site must bear a residential district designation and be immediately adjacent to the principal use to which the parking is to be accessory, which principal use must be in a nonresidential zoning district.

   (B)   Front yard requirements as well as streets side yard requirements are the same as those of the residential district in which the site was classified in accord with division (A) immediately above.

   (C)   Screening shall be provided to a height of four feet by a solid, uniformly finished wall or fence, or by a combination of wire fence and plant materials. The screening shall be placed wherever a P district is bounded by a public way on which fronting property on either or both sides of the P District is zoned residentially.

   (D)   Pedestrian and/or vehicular access shall not be permitted from any land or any public way which requires screening in accord with division (C) immediately above.

   (E)   Parking areas shall be improved in accordance with section § 155.343.

(Ord. 616, passed 9-23-2013)

   The T District is an overlay zoning district intended to provide for uses other than those prescribed for in the CBD, I-1 or commercial districts when the same abut and adjoin the R3 areas when the conditions and requirements set forth herein are met.

   Land in the defined transitional area is made with the approval of the St. Johns City Commission, upon recommendation and review by the St. Johns Planning Commission, to be used for residential purposes, professional offices, parking lots, service establishments, industrial uses, financial institutions, retail business outlets, and public or semipublic facilities.

(Ord. 616, passed 9-23-2013)

   (A)   Uses in the transitional area shall be subject to city specifications and upon review and recommendation by the Planning Commission and upon St. Johns City Commission approval.

   (B)   (1)   Uses shall be subject to the following conditions:

      (2)   All business, servicing, storage, or processing shall be conducted within completely enclosed buildings.

(Ord. 616, passed 9-23-2013)

   For the approval of a use in the transitional area, other than what is allowed in the specified zoning district, the Planning Commission shall review a detailed development plan of all structures to be erected or changed, and make their recommendation to the City Commission for approval or denial. The following shall be considered by the Planning Commission shall review a detailed development plan of all structures to be erected or changed, and make their recommendation to the City Commission for approval or denial. The following shall be considered by the Planning Commission in its review:

   (A)   All required conditions will be complied with to the satisfaction of the Planning Commission.

   (B)   Yard area requirements of the zoning district in which the parcel is located should be complied with.

   (C)   Parking areas and access drives will meet the needs of the building and use.

   (D)   Landscaping and screening shall be sufficient to screen the building or parking areas from adjacent residential property and provide safe, compatible surroundings for neighboring uses.

   (E)   Architectural design as a transition from one type of use to another is compatible with the neighborhood.

   (F)   Sign requirements for the zoning district in which it is located are met.

(Ord. 616, passed 9-23-2013)

   (A)   The following items are required in development plans for the T District:

      (1)   Owner's and applicant's name, address, telephone number and signature.

      (2)   Legal description and address of the property.

      (3)   Dimensions of all existing and proposed buildings, along with the location on the property.

      (4)   Property dimensions.

      (5)   All water, sanitary sewer and storm sewer connections.

      (6)   Proposed grades and site drainage pattern.

      (7)   Existing and proposed easements, drives, walkways, and traffic flow patterns.

      (8)   A detailed explanation of the proposed use of all structures.

      (9)   All parking areas, dimensions and landscaping proposed and existing.

      (10)   Any other information requested by the Planning Commission or department heads, needed to determine compliance with all conditions and requirements.

      (11)   If a building permit will not be needed, a letter certifying that adequate electrical and plumbing exists in the structures.

   (B)   If, in the opinion of the Planning Commission, all standards, specifications, conditions and requirements are complied with, they shall recommend the plan for the specified use, and forward their recommendation to the City Commission. Upon receipt of the Planning Commission's recommendation and review, the St. Johns City Commission shall either grant or deny the plan and its specified use.

(Ord. 616, passed 9-23-2013)

   Original Plat, Blks 1-12; Walker Sub Outlot B Blk 7; Walker Sub Outlot A plus Lots 1-5, 40-44; Francis Lynds Add Blk 1, Lots 1 & 8 together with vacated alley adjacent thereto; Francis Lynds Add Blk 6, Lot 1, N ½ Lot 2, Lots 10-12; Francis Lynds Add Blk 7 Lots 1 & 2.

(Ord. 616, passed 9-23-2013)

   The MU District is intended to cover an area north of the railroad right-of-way near the CBD. It is intended to serve as a buffer between the residential uses to the north and the commercial and industrial uses to the south and east.

(Ord. 616, passed 9-23-2013)

   In the MU District the following uses are permitted:

   (A)   Residence, one-family.

   (B)   Residences, two-family.

   (C)   Residence, townhouse.

   (D)   Accessory uses and buildings.

   (E)   Adult foster care family home or adult foster care small group home (one through six persons).

   (F)   Adult foster care small group homes (seven through 12) and large group homes.

   (G)   Essential services.

   (H)   Family day care or group day care home.

   (I)   Fences.

   (J)   Gas regulator stations, utility dumping stations, power substations, and water towers; provided these uses are necessary for service to the adjacent residential area. If these uses are to service a larger area, a special use permit is required.

   (K)   Golf course and country club.

   (L)   Home occupations.

   (M)   The keeping of household pets.

   (N)   Off-street parking and loading.

   (O)   Rooming and boarding houses.

   (P)   Signs.

   (Q)   Swimming pools.

   (R)   Temporary buildings, structures, or yards for construction materials or a temporary office for the sale or rental of real property. Such buildings shall be incidental to construction work.

(Ord. 616, passed 9-23-2013)

   The following uses of land and structures may be permitted in the MU District by application for and the issuance of a special use permit when specified procedures and requirements as outlined in §§ 155.255 through 155.261 are met:

   (A)   Bed and breakfast.

   (B)   Banks, loan offices, stock exchange offices and other financial institutions.

   (C)   Business offices of a public utility, transportation, advertising, real estate, insurance, commercial or industrial establishment.

   (D)   Child care facility.

   (E)   Cluster housing developments.

   (F)   Communication antenna (not including towers).

   (G)   Fraternal, armory and legion halls.

   (H)   Gas regulator stations, utility pumping stations, power substations and water towers not necessary for service to the adjacent residential area.

   (I)   Government offices.

   (J)   Infill PUD.

   (K)   Miscellaneous business services such as consumer-credit reporting agencies, mailing list and stenographic services business and management consulting services.

   (L)   Mortuaries, funeral homes, and museums.

   (M)   Offices, such as professional membership organizations, labor unions, civic, social, and fraternal associations, political organizations, and religious organizations.

   (N)   Photo studios.

   (O)   Professional and other offices drawing a large number of clients and/or customers such as:

      (1)   Doctors, dentists, lawyers, architects; offices and clinics;

      (2)   Insurance, realty, union offices;

      (3)   Post office, public utility office.

   (P)   Religious institutions.

   (Q)   Residential cluster housing development.

   (R)   Restaurants and bars without drive-in service.

   (S)   Rooming and boarding houses.

   (T)   Two-family dwellings consequent to a conversion of a single-family dwelling existing on the effective date of this chapter, provided that:

      (1)   The floor area not be increased thereby;

      (2)   All applicable requirements for usable open space and off-street parking are complied with;

      (3)   Two wholly separate dwelling units be created, with individual entrances into the building; and

      (4)   That all applicable provisions of the Building Code be complied with.

(Ord. 616, passed 9-23-2013)

 

Footnotes:

   (a)   Lots without public water and sewer.

   (b)   Lots with public water and sewer.

   (c)   Minimum street side setback is 20 feet.

   (d)   Per dwelling unit for a multi-family development.

   (e)   On curvilinear street where lots are irregularly shaped and have non-parallel sides, the lot width requirement is measured at the front setback.

   (f)   Side yards shall not be less than 1/4 the height of the principle building, but in no case shall be less than ten feet.

   (g)   No side yard is required, but if one is provided it shall not be less than ten feet. If the lot is adjacent to a residential district then a side yard of at least ten feet is required.

   (h)   No rear yard is required unless the lot is adjacent to a residential district in which case the required rear setback is the setback required by the adjacent residential zoning district.

   (i)   A setback of 50 feet shall be required if adjacent to residentially-zoned property.

   (j)   Children’s playsets and related playground-type equipment/structures are not considered in the determination of maximum lot coverage.

   (k)   There shall be no specific height limitation in the CBD District; provided, however, that no building permit shall be issued for any structure exceeding 35 feet in height except pursuant to a special use permit granted by the Planning Commission. Application for such special use permit shall be made in accordance with the provisions of § 155.257. Further, prior to the granting of the special use permit, the City Commission shall make a finding that any such excessive height will not be detrimental to the light, air, or privacy of any other structure or use currently existing or approved for construction, and shall also determine whether the proposed height is consistent with the city's Downtown Master Plan.

   No more than one principle building may be permanently established on a lot or parcel, unless specifically provided for elsewhere in this chapter, such as a multiple-family development.

(Ord. 616, passed 9-23-2013)

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

(Ord. 616, passed 9-23-2013)

   No structure shall be used for dwelling purposes that is not considered a standard dwelling structure. No garage or other accessory building, mobile home, basement, partial structure, or other temporary structure, whether of a fixed or portable construction shall be erected or moved onto a lot and used for any dwelling purposes except as herein provided.

(Ord. 616, passed 9-23-2013)

   (A)   A temporary building, structure, or yard for construction materials or equipment or a temporary office for the sale or rental of real property, if in connection with and incidental and necessary to a real estate development, shall be permitted in any district provided that authorization for this temporary use, issued in conjunction with a building permit for the project shall be valid for not more than six months and may not be renewed more than three times. All temporary buildings, structures, construction material or equipment shall be removed immediately upon completion or abandonment of the construction work.

   (B)   Christmas tree sales may be permitted in any district upon application for an issuance of a temporary Christmas tree sales permit by the Zoning Administrator provided that any permit for such use shall be valid for not more than 30 days.

   (C)   A temporary permit may be issued to residents of the city for the use of a camper trailer or recreational vehicle as a temporary residence under the following conditions:

      (1)   The permit may be issued for a maximum of 14 days. Only two permits may be issued to any household per year.

      (2)   The vehicle must be parked on a single-family or duplex residential lot. The vehicle may not be parked in the street.

      (3)   The occupants of the vehicle must have access to bathroom facilities on the lot they are parked on other than those in their vehicle.

   (D)   Garage sales are permitted as an accessory use to any attached or detached single-family residence, provided that any one garage sale does not last more than seven consecutive days and only two garage sales are permitted per residence per year.

(Ord. 616, passed 9-23-2013)

   No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(Ord. 616, passed 9-23-2013)

   A single-family dwelling and any additions or alterations thereto, erected, moved or placed in the city, other than a mobile home park, shall conform to the following regulations in addition to all other regulations of this chapter:

   (A)   The plan outline of the dwelling, including only heated living area, shall be large enough to contain within it a square of 20 feet on a side. This size requirement shall not make any houses existing at the date of amendment non-conforming so that they cannot be enlarged or improved.

   (B)   It shall be firmly attached to a permanent foundation constructed on the site in accordance with the city Building Code and shall have a wall of the same permitted dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.

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

   (D)   It shall be connected to a public sewer and water supply, if available or if connection is required by the city sewer or water ordinances, otherwise they may be connected to private facilities approved by the Mid-Michigan Health Department.

   (E)   The construction of all new single and two family residences shall include, if none are present, the construction of a public sidewalk. The sidewalk shall be constructed in accordance with city specifications.

   (F)   It shall comply with all pertinent zoning, subdivision, and other ordinances regulating use, floor area, lot size, setback, yards, and the like, in the zoning district in which it is located.

   (G)   It shall comply with all pertinent building construction and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to the mobile home shall be of a type and quality conforming to the ?Mobile Home Construction and Safety Standards” as promulgated by the United States Department of Housing and Urban Development standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

   (H)   It shall be aesthetically compatible in design and appearance to homes in the neighborhood in which it is located. In the first instance, it shall be the responsibility of the Zoning Administrator to determine whether this standard is met. The City of St. Johns Zoning Administrator may at his or her discretion, refer the matter to the Zoning Board of Appeals for the determination. Any party aggrieved by an adverse decision by the City Zoning Administrator may appeal to the Zoning Board of Appeals, which board shall make the determination, with findings, without reference to the standards for the granting of variances. The determination of compatibility shall be based upon the character, design and appearance of residential dwellings located outside of mobile home parks within 300 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of the lots situated within said area; or where said area is not so developed, by the character, design, and appearance of the residential dwellings generally found throughout the city. The determination of compatibility shall also be based upon compliance with the following standards:

      (1)   The dwelling shall have a combination of roof overhang and pitch comparable to the overhang and pitch of homes typically found in the neighborhood in which it is to be located.

      (2)   The dwelling shall have a chimney that is constructed of a material and style similar to those of other dwellings typically found in the neighborhood in which it is to be located.

      (3)   The dwelling shall have steps and/or porches which provide access to exterior doors, which are permanently attached to the ground and to the structure, and which are comparable to steps and/or porches of homes typically found in the neighborhood in which it is located.

      (4)   The dwelling and roof shall be covered with a material which is in composition, comparable to those typically found in the neighborhood in which it is to be located.

      (5)   The dwelling shall have windows located on the front sides, and exterior doors either on the front and rear or front and side as generally found in homes in the neighborhood in which it is to be located.

      (6)   The orientation of the dwelling's front entrance shall be similar to the orientation of homes in the neighborhood in which it is located.

      (7)   A dwelling may be approved as aesthetically compatible in design and appearance to homes in the neighborhood in which it is to be located, even if all of the above conditions do not exist, provided it is determined that the dwelling and/or its site has other design features which make it aesthetically compatible to homes in the district. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as energy conscious devices such as solar energy, view, unique land contour or relief from the common or standard designed home.

(Ord. 616, passed 9-23-2013)

   Top soil shall not be stripped, excavated, or otherwise removed on any premises for sale or for any use other than on the premises on which the top soil was originally located except:

   (A)   When in connection with construction operations and the grading operating necessary thereto, top soil in surplus amounts.

   (B)   When as a product of an authorized excavation of other soils as provided in §§ 155.259 and § 155.431.

(Ord. 616, passed 9-23-2013)

      (1)   A residential fence shall not exceed a height of six feet, measured from grade to the highest point of the fence.

      (2)   Fences must comply with § 155.188, Visibility Controls.

      (3)   Fence height includes any barbed or razor wire additions as may be allowed on commercially or industrially zoned parcels.

      (4)   Fence height shall be measured from the ground elevation prior to any filling, berming or excavation.

      (1)   No solid fence, hedge, tree or other planted screen shall be erected or maintained within the clear vision triangle of two streets in such a way as to obstruct vision between the height of three feet and ten feet, measured from grade.

      (2)   Fences placed within the clear vision triangle shall comply with the requirements of this section.

(Ord. 627, passed 8-22-2016)

   On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet and ten feet above the centerline grades of the intersecting streets within the area bounded by the street lines of such corner lots and within 25 feet of the intersection of any two street lines.

(Ord. 616, passed 9-23-2013)

   (F)   All accessory buildings shall be on a permanent foundation.

   (G)   Accessory buildings may be erected as a part of or connected to the principal building, but in either case accessory buildings are considered a part of the principal building, and all yard and lot coverage requirements for a principal building will be complied with.

   (H)   In non-residential districts, any part of a detached accessory building shall be at least 60 feet from any front lot line when any adjoining lot, including lots across the street, is located in a residential district.

      (1)   Detached accessory buildings shall be erected only in the rear yard area.

      (2)   Detached accessory buildings in residential districts shall not exceed 16 feet in height and shall be located at least six feet from any other separate structure on the same lot and shall not be closer than three feet to any lot line, or five feet from an alley right-of-way line. Structures closer than ten feet to another structure on the same or adjacent lots must be constructed of fire rated materials as required by the Building Code.

      (3)   When the rear line of a corner lot abuts the side line of an adjoining lot in a residential district, no accessory building shall be within eight feet of such abutting lot line nor closer to the side street lot line than the front yard setback of the principal building on the adjoining lot, but in no case shall the setback be less than 20 feet. (See Figure 5-1).

      (4)   When the rear line of a corner lot abuts the rear line of any other lot or is directly across an alley therefrom, no accessory building shall be closer to the side street lot line of a corner lot than the side street yard setback of the principal building on the corner lot, but in no case shall the setback be less than 20 feet. (See Figure 5-2.)

         (a)    Pat ios or dec ks con struct ed "at-gr ade " may be built wit hin fro nt, side and rear yard setbacks. An at-grade patio shall mean any patio, deck or concrete slab which is constructed at the approved grade level or which is elevated to a height of not more than 18 inches above the approved grade level.

         (b)   The surface of any attached deck that extends more than eight feet from the face of the building to which it is attached may not be higher than the first floor elevation of the principal structure.

         (c)   Unenclosed and/or uncovered front porches and stoops may encroach into a required front yard setback area, but in no case may be located closer than 15 feet from the front property line in the R-1 district or closer than ten feet in the R-2/R-3 district. For the purposes of this provision, unenclosed shall mean having no windows or screens.

         (d)   Porches, decks, patios covered or partially covered by permanent construction shall not project into any perimeter setbacks.

         (e)   Handicapped access ramps may encroach into the required perimeter setbacks.

         (f)   Decks and raised patios may be allowed to project not more than 15 feet into the required rear yard setbacks or five feet into the side yard setback, provided that the following conditions are met:

            1.   The deck or raised patio does not encroach into any easement.

            2.   The deck or raised patio is not located facing any street, except when located in the rear yard of a double frontage lot.

            3.   The deck or raised patio is located not less than five feet from any detached accessory building.

            4.   Any additional structure attached to the deck or raised patio, such as a gazebo, shall be located at least ten feet from the principal residential structure.

            5.   The deck or raised patio and all other appurtenant facilities shall conform to any applicable codes and ordinances.

         (g)   All deck hand railings and/or screening shall not be higher than 42 inches above the surface of the deck (excluding support structures for a roofed porch) without approval from the Planning Commission.

(Ord. 616, passed 9-23-2013; Am. Ord. 642, passed 4-23-2018; Am. Ord. 693, passed 2-24-2025)

   All structures shall be completed on the outside in conformance with the building code and with finish materials; such as wood, brick, or brick veneer, shingle, concrete or similar material within one year after construction is started unless an extension for not more than one additional year is granted by the Zoning Administrator as provided elsewhere in this chapter.

(Ord. 616, passed 9-23-2013)

   (A)   Purpose. To require and set minimum standards for outdoor lighting to:

      (1)   Manage outdoor lighting so that its safety, security and economic and aesthetic benefits are maintained while minimizing dangerous glare, energy waste, light pollution and light trespass.

      (2)   Implement these principles of good lighting design by regulating the shielding, height, illumination levels, and other aspects of outdoor lighting so that residents may continue to enjoy the rural and residential character of St. Johns.

   (B)   Applicability.

      (1)   (a)   All uses of land or buildings within the city where there is interior or exterior lighting that creates a nuisance or hazard as viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting. The following are regulated activities and shall be regulated by this chapter to the entirety of the city unless specifically exempted by this section:

         (b)   All zoning permits, subdivisions, site plans, and land development applications.

      (2)   The following are exempt from this chapter:

         (a)   Temporary seasonal decorative lighting associated with single-family dwellings is exempt from this chapter.

         (b)   Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency, is exempt from the requirements of this chapter.

         (c)   The requirements of this chapter shall not apply to outdoor lighting installations operating before the effective date of this chapter, except for any lighting installation that creates a safety hazard as deemed by the city. Routine maintenance of these pre-existing outdoor lighting installations shall not have to comply with the requirements of this chapter.

   (C)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   FOOTCANDLE. Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, a.k.a. light meter.

      (2)   FULL CUTOFF. Attribute of a lighting fixture where no more than 10% of the lamp's intensity is emitted at or above an angle ten degree below that horizontal plane, at all lateral angles around the fixture.

      (3)   FULLY SHIELDED. Attribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles.

      (4)   GLARE. Excessive brightness in the field of view that is sufficiently greater than the brightness to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.

      (5)   ILLUMINANCE. Quantity of light, measured in footcandles.

      (6)   LIGHT TRESPASS. Glare emitted by a lighting fixture or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.

      (7)   LUMEN. As used in the context of this chapter, the light-output rating of a lamp (light bulb).

   (D)   Performance criteria.

      (1)   Fixtures shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to the city.

      (2)   For the lighting of predominately horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and side entrances, fixtures shall be aimed straight down and shall meet full cutoff criteria.

      (3)   For the lighting of predominately non-horizontal surfaces such as, but not limited to, stairways, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.

   (E)   Control of nuisance and disabling glare.

      (1)   All lighting shall be aimed, located, designated, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

      (2)   Directional fixtures such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows or neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights, when building, pole or otherwise installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45 degrees from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.

      (3)   "Barn lights", a.k.a. "dusk-to-dawn lights", when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

      (4)   Lighting controlled by motion sensors/detectors. This type of lighting is to be used to deter vandalism and theft and shall be placed in locations where the sensors will not be tripped on a reoccurring basis and shall be installed and/or aimed so that they do not project their output at neighboring residences, adjacent uses, directly skyward or onto a roadway.

      (5)   Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

      (6)   The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving property.

      (7)   The illumination projected from any property onto a non-residential use shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.

      (8)   Except as permitted for certain recreational lighting and permitted elsewhere in this division, fixtures shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminary. Where proposed parking lots of 100 or more contiguous spaces, the city may, at its discretion, based partially on mitigation of potential off-site impacts, allow a fixture mounting height not to exceed 25 feet above finished grade.

      (9)   Under canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens, full cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination in the area directly below the canopy shall not exceed 20 footcandles and the maximum shall not exceed 30 footcandles.

      (10)   The illumination projecting from any interior lighting fixture may contribute to excessive glare. Windows, doors, skylights, and the like may be required to be shielded with anti-glare window tint or other window covering as approved by the city to reduce site illumination.

   (F)   Installation.

      (1)   Electrical feeds for lighting standards shall be run underground, not overhead and shall be in accordance with the National Electrical Code (NEC) Handbook.

      (2)   Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, or where they could be hit by snow plows or wide-swerving vehicles, shall be placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other means.

      (3)   Pole mounted fixtures for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.

      (4)   Pole and brackets for supporting lighting fixtures shall be those specifically manufactured for that purpose and shall be designed and rated for the weights and wind loads involved.

      (5)   Pole foundations shall be designed consistent with the wind loads and local soil conditions involved.

   (G)   Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.

   (H)   Billboards and signs.

      (1)   The lighting of billboards and signs shall not provide for excessive illumination, light pollution, glare, and light trespass.

      (2)   Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. At no point on the face of the sign or billboard shall the illumination exceed 30 footcandles.

      (3)   The illumination of billboards shall be limited to commercial and industrial zoning districts and the illumination of billboards within 400 feet of a residential district or use shall not be permitted.

      (4)   Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

      (5)   The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.

   (I)   Performance standards. Single-family dwellings and agricultural or residential accessory structures.

      (1)   No lighting shall be permitted that shines directly onto an adjacent residence.

      (2)   No lighting shall be permitted that creates a hazard by shining onto a public right-of-way.

      (3)   Floodlights and other directional fixtures visible from an adjacent residential use shall be extinguished by no later than 11:00 p.m. or controlled by a motion sensor.

   (J)   Recreational uses. The nighttime illumination of outdoor recreational facilities typically necessitate higher than normally allowed fixture mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the city is satisfied that the health, safety and welfare rights of nearby property owners have been considered.

      (1)   Performance area lighting. This is the lighting directed upon the field to illuminate the recreational activity. The maximum permitted post height for the performance area lighting is 60 feet. Post height shall be limited to the minimum height necessary to meet the performance area lighting needs of the specific event.

      (2)   General area lighting. This is a low level lighting system used to facilitate pedestrian circulation, patrons leaving the facility, clean-up, nighttime maintenance, and the like.

      (3)   All luminaires employed in outdoor recreational activities shall be the full-cutoff luminary type unless the performance area lighting needs of the event cannot be met through the use of full-cutoff luminaries, as determined by the city.

      (4)   Where non-cutoff luminaries such as floodlights must be used to meet the lighting design objectives for the performance area lighting, the luminaries shall be equipped with glare shields, visors, barn doors, or other similar shielding accessories as required to limit illumination to the performance area.

      (5)   No direct illumination shall project off the property.

   (K)   Plan submission. Where site lighting is regulated under this chapter, the following is required information for all applicable reviews and approvals.

      (1)   A plan complete with all structures, parking spaces, building entrances, traffic areas (vehicular and pedestrian), existing and proposed vegetation, and adjacent uses that may be adversely effected. The lighting plan shall contain a layout of all proposed and existing fixtures, including but not limited to, architectural, building entrance, canopy, soffit, landscape, flag, sign, and the like by location, orientation, aiming direction, mounting height, lamp, photometry and type.

      (2)   For all commercial, residential and industrial site plans, 10' x 10' illuminance grid of horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance, and uniformity requirements as set forth in this chapter or as otherwise required by the city.

      (3)   Description of the proposed equipment, including fixture information, photometrics, reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.

      (4)   When landscaping plans are involved, they shall contain the lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

      (5)   The following notes shall appear on the lighting plan:

         (a)   Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the city for review and approval.

         (b)   The city reserves the right to conduct post-installation inspections to verify compliance with the chapter requirements and approved lighting plan commitments, and if deemed appropriate by the city, to require remedial action at no expense to the city.

         (c)   All exterior lighting shall meet full-cutoff criteria unless otherwise approved by the city.

         (d)   Installer shall notify city to arrange for inspection and approval of all exterior lighting prior to its installation.

   (L)   Safety hazards.

      (1)   If a lighting installation creates a safety hazard, the person responsible for the lighting shall be notified and required to take remedial action.

      (2)   If appropriate corrective action has not been taken within 15 days of notification, the city may take appropriate legal action.

   (M)   Nonconforming lighting.

      (1)   Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance.

      (2)   A nonconforming light fixture or lighting installation shall be made to conform with the requirements of this chapter when:

         (a)   Minor corrective action, such as re-aiming or shielding can achieve conformity with the applicable requirements of this chapter.

         (b)   It is deemed by the city to create a safety hazard.

         (c)   It is replaced by another fixture or fixtures or abandoned or relocated.

         (d)   The number of fixtures is increased by 50% or more.

         (e)   There is a change in use.

(Ord. 616, passed 9-23-2013)

   (A)   Excavations or holes. The construction, or maintenance within the city of any unprotected, unbarricaded, open, or dangerous excavations, holes, pits or wells, which constitute or are likely to constitute a danger or menace to the public health, safety, or welfare, are hereby prohibited; provided, however this section shall not prevent any excavations under a permit issued where such excavations are properly protected with barricade surrounding the excavation hole, pit, or well, and warning signs posted in such manner as approved by the Building Inspector; and provided further, that this section shall not apply to streams, natural bodies of water, or to ditches, reservoirs, and other such bodies of water created or existing by authority of governmental agencies.

   (B)   Grading and filling of property. The final grade surface of ground areas remaining after the construction of a building or structure, and any earth changes made in connection with use of land shall be designed and landscaped such that surface water flows away from the building or structure and is collected or managed in a manner which avoids any increase in surface water discharge onto adjacent properties or public roads, the erosion of or filling of any road ditch, the blockage of any public watercourse, the creation of standing water over a private sewage disposal drainage field, and any unnecessary impoundment of surface water. The filling of land with trash or garbage or any other waste material is prohibited.

(Ord. 616, passed 9-23-2013)

   Any structure for which a zoning permit has been issued and construction of the whole, or part of which has been started, or for which a contract or contracts have been entered into pursuant to a zoning permit issued prior to the effective date of this chapter or subsequent amendments, may be completed and used in accordance with the plans and applications on which the zoning permit was granted, provided the construction permitted by such permit is prosecuted and completed within one year from the date of issue of such zoning permit, or signing of such contract. The Zoning Board of Appeals may extend this authorization for up to one additional year, if enforcement of the new ordinance provisions at the end of the year would result in undo hardship.

(Ord. 616, passed 9-23-2013)

   The following performance standards shall apply to uses in all districts except the I-1 and I-2 Districts, which have their own standards outlined in §§ 155.010 through 155.170. Uses in this district shall be such that they:

   (A)   Generate no noise that exceeds the level of ordinary conversation at the boundaries of the lot. Short intermittent noise peaks may be excepted if they do not exceed normal traffic noise peaks at any point on the lot boundaries.

   (B)   Emit no obnoxious, toxic, or corrosive fumes or gases except for those produced by internal combustion engines under design operating conditions.

   (C)   Emit no odorous gases or other odorous matter in such quantities as to be perceptible at or beyond any point on the lot boundaries, provided that any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.

   (D)   Emit no smoke greater than that emitted by properly operating domestic heating equipment.

   (E)   Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior or subsequent to processing.

   (F)   Produce no heat or glare humanly perceptible at or beyond the lot boundaries.

   (G)   Produce no physical vibrations humanly perceptible at or beyond the lot boundaries.

   (H)   Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, or of an intensity that interferes with the lawful use of any other property.

   (I)   Do not engage in the production or storage of any material designed for use as an explosive nor in the use of such material in production.

   (J)   Do not by their particular location hinder the residential function of residential streets through generation of non-residential type and high-volume traffic over these streets.

(Ord. 616, passed 9-23-2013)

   Commercial outdoor display or storage may be permitted by the Planning Commission provided compliance with all other provisions of this chapter and provided:

   (A)   Any stockpiles of soils, fertilizer or similarly loosely packaged materials shall be sufficiently covered or contained to prevent dust or blowing of materials.

   (B)   No outdoor storage shall be permitted in the required front, side or rear yard of buildings for the district in which the commercial outdoor display, sales or storage use is located.

   (C)   The site shall include a building of at least 400 feet of gross floor area for office and sales uses in conjunction with the approved use.

   (D)   Storage areas shall consist of a permanent, durable and dustless surface (gravel) and shall be graded and drained to dispose of stormwater without a negative impact on adjacent property.

   (E)   All loading and truck maneuvering including into loading/unloading areas shall be accommodated on-site.

   (F)   All outdoor sales, display or storage area property lines adjacent to a residential district shall comply with the landscaping requirements in §§ 155.295 through 155.304. The Planning Commission may also require taller landscaping screening based on the height of materials to be displayed or stored.

   (G)   The use of semi-trailers, portable shipping containers, or other portable storage/shipping-type containers in conjunction with the sale or storage of material is prohibited, but the short term use for "trailer sales" is permitted provided the sale does not exceed seven days and does not occur more than four times a year.

(Ord. 616, passed 9-23-2013; Am. Ord. 632, passed 2-12-2018)

   To protect the value of existing and future commercial and residential property values, the Planning Commission shall review site plans for general compatibility with existing commercial and residential uses in the area. In evaluating a proposed developments compatibility, the Planning Commission shall consider the following:

   (A)   Exterior building material shall be composed of high quality, durable, low maintenance material, such as masonry, stone, brick, or glass to the extent that surrounding businesses and are composed of such.

   (B)   The front facade of the building should address the main street with entrances, windows, and architectural features facing the street. No docking bays shall face the street, unless approved by the Planning Commission based upon a finding that the door is recessed back from the front facade and properly screened from public view.

   (C)   All mechanical equipment, including but not limited to heating, ventilating and air conditioning equipment, and antennas, shall be placed in an inconspicuous location or screened from view. If equipment is placed on rooftops it shall also be screened from the public view in a manner that does not draw attention to the placement of the equipment.

   (D)   Size and height of buildings should be compatible with the character and existing views of the surrounding areas as determined by the Planning Commission.

   (E)   The existing character of the site and the nearby area should be the starting point for the design of the building and all site treatment.

(Ord. 616, passed 9-23-2013)

   Pools shall be constructed in compliance with the city's Building Code. In addition, pools shall be setback a minimum of six feet from any lot line or other structure.

(Ord. 616, passed 9-23-2013)

      (1)   This section is intended to be a regulatory enactment in the public's health, safety and welfare for the protection of all citizens who use collection boxes. The intent of this collection boxes section is to impose restrictions and conditions on all collection boxes in the city so that they are - and remain - clean and safe and do not create hazards to pedestrians and to vehicular traffic.

      (1)   Any person desiring to secure a permit shall make an application to the Department of Community Development.

      (2)   A permit shall be obtained for each collection box(es) proposed. A separate fee shall be paid for each collection box.

      (3)   The application for a permit shall be upon a form provided by the Department and shall:

         (a)   Be signed by an individual who is an officer, director, member or manager of an entity applicant. The applicant shall furnish the following information:

            1.   Name, address and email of all partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than 5% of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases.

            2.   Date of birth of individuals and date of establishment of an entity or the birthdate of an individual applicant.

            3.   Whether the applicant has previously received a permit for a collection box in the city or operates a collection box or similar type receptacle without a permit in the city.

            4.   The name, address, email and telephone number of a contact person for all matters relating to a collection box located in the city.

         (b)   Include the physical address of the real property where the collection box is proposed to be located.

         (c)   Include a scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and that the location complies with the requirements of division (D)(1)(f) of this section.

         (d)   Include on a form provided by the director an affidavit from the property owner providing written permission to place the collection box(es) on the property, as well as an acknowledgment from the property owner of receipt of a copy of this section, if the applicant is not the owner of the real property where the collection box is to be placed. For purposes of this division, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.

         (e)   Include a nonrefundable fee in an amount established by resolution of City Council.

      (4)   Within ten days of receiving an application for a permit, the director shall notify the applicant whether the permit is granted or denied. If the director denies an application, the director shall state in writing the specific reasons for denial.

      (5)   No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

      (6)   A person shall be issued a permit by the director if the requirements of this section are satisfied.

      (7)   Upon approval, the city shall provide a permittee with one permit sticker for each approved permit. The sticker shall display the local unit's seal, a permit number, and an expiration date. The size of the sticker shall be four inches by four inches. The color of the sticker shall be the same color that the Department of State uses for motor vehicle registration decals for that year. The permittee shall place the sticker in a conspicuous place on the front panel of the textile recycling bin. On request of the permittee, the local unit shall provide a replacement sticker for a fee of $10 if the original sticker is damaged or lost.

      (1)   A permittee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the city for which the permittee has been granted a permit as follows:

         (a)   Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.

         (b)   Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

         (c)   Collection boxes shall have in, at minimum, one-half-inch lettering visible from the front of each collection box the name, address, email, website and phone number of the operator, as well as whether the collection box is owned and operated by a for profit company or a not for profit company. The collection box shall not have information, advertising or logos other than those relating to the operator.

         (d)   Collection boxes shall be serviced and emptied as needed, but at least every 30 days.

         (e)   The permittee and property owner shall maintain, or cause to be maintained, the area immediately surrounding the collection boxes, free from any junk, debris, overflow items or other material. The property owner shall be responsible to the extent provided by law for the city's cost to abate any nuisance.

         (f)   Collection boxes shall:

            1.   Not be permitted on any land used or zoned for residential purposes;

            2.   Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days;

            3.   Not be less than 1,000 feet from another collection box as measured along a straight line from one box to the other. Notwithstanding this separation requirement, up to two collection boxes on a single lot of record are permitted if the two collection boxes are side by side and are no more than one foot apart and are owned by the same permittee;

            4.   Not exceed seven feet in height, six feet in width and six feet in depth;

            5.   Not cause a visual obstruction to vehicular or pedestrian traffic;

            6.   Not be placed closer than ten feet from:

               a.   A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five foot clearance;

               b.   A public right-of-way;

               c.   A driveway; or

               d.   A side or rear property line of adjacent property used for residential purposes;

            7.   Not cause safety hazards with regard to a designated fire lane or building exit;

            8.   Not interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic;

            9.   Not encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and

            10.   Be placed on a level, hard (asphalt or concrete) paved, dust-free surface.

      (1)   The permit year shall begin on July 1 in each year and shall terminate on June 30 of the next calendar year. An annual permit issued between July 1 and June 30 of the subsequent year shall expire on June 30 of the calendar year next following issuance of the permit.

      (2)   A collection box permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the director.

      (3)   The director shall either approve or deny the renewal of a permit within ten days of receipt of the complete renewal application and payment of the renewal fee. Failure of the director to act before expiration of the permit shall constitute approval of the renewal of the permit.

      (4)   A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.