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St Joseph City Zoning Code

ARTICLE IV

OFFICIAL ZONING MAP, ZONING DISTRICTS AND AUTHORIZED USES

Sec. 4.1.- Purpose.

The purpose of this article is to establish zoning districts within the City of St. Joseph, to establish and define the official zoning map that shows the location of zoning districts, and to create a framework for the interpretation of the official zoning map and related district boundaries. Furthermore, this article delineates use classes, definitions, and authorized uses within each zoning district.

Sec. 4.2. - Zoning districts and maps.

4.2.1.

Establishment of Districts. To achieve the purposes of this ordinance, the City of St. Joseph, Michigan, is hereby divided into the following zoning districts:

R1 Single-Family Residence District *
R2 Two-Family Residence District
R3 Multiple-Family Residence District
C Commercial Business District
CO Commercial Office District **
D Downtown District
I1 Light Industrial District
I2 Heavy Industrial District
OS Open Space District
W Water Recreation District
LB-OD Lake Bluff Scenic View Protection Overlay District
FP-OD Floodplain Overlay District

 

* In addition, the R1 Single-Family Residence District is divided into five sub-districts known as R1-A, R1-B, R1-C, R1-D, and R1-E for the purpose of varying certain district dimensional regulations (see Table 5-1).

** In addition, the CO Commercial Office District is divided into two sub-districts known as CO-A and CO-B for the purpose of varying certain district dimensional regulations (see Table 5-1).

4.2.2.

Official Zoning Map. The boundaries of the respective zoning districts are defined and established as depicted on the map entitled "Zoning Map of the City of St. Joseph," which is an integral part of this ordinance, and which, with the accompanying explanatory notes, shall be published as part of this section and is incorporated by reference at the end of the zoning ordinance.

A.

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Article 4, Section 4.2.2, of the Zoning Ordinance of the City of St. Joseph, Michigan" together with the date of adoption of this ordinance.

B.

If in accordance with the provisions of this ordinance, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city commission. No amendment to this ordinance which involves matters portrayed on the official zoning map shall become effective until such change and entry has been made on the map.

C.

If amendments are made in district boundaries or other matters depicted on the official zoning map, such changes shall not be considered final, and building permits shall not be issued until the appropriate amendments have been made on the official zoning map. Such amendments shall be made within ten normal working days after the effective date of the amendment. Each amendment shall be accompanied by a reference number on the map, which shall refer to the official action of the city commission. One copy of the official zoning map shall be maintained and kept up-to-date in the office of the Zoning Administrator of the City of St. Joseph.

D.

Any unauthorized change on the official zoning map by any person or persons shall be considered a violation of this ordinance and punishable as provided in Section 1-11 of the Code of Ordinances of the City of St. Joseph, Michigan.

E.

Regardless of the existence of copies of the official zoning map which may be made or published, the official zoning map shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

4.2.3.

Replacement of Official Zoning Map. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city commission, hereinafter also referred to as "legislative body," may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, bearing the seal of the municipality under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of St. Joseph, Michigan" together with the date of adoption of this resolution. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts that remain, shall be preserved together with all available records pertaining to its adoption or amendment.

Sec. 4.3. - Rules for interpretation of district boundaries.

4.3.1.

Interpretation of District Boundaries. Where a question arises with respect to the boundary of any district the following shall govern:

A.

Boundaries indicated as approximately following the center lines of streets or alleys shall be construed to follow the center lines.

B.

Where boundaries follow the shore line of a stream, lake or other body of water, the boundaries shall follow such shoreline, and in the event of change in the shoreline, the boundaries shall be the actual shoreline; where boundaries follow the centerline of streams, rivers, canals or other bodies of water, such shall follow the centerlines thereof.

C.

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

D.

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

E.

A boundary indicated as following a railroad line shall be construed to be midway between the main tracks or in the center of the right-of-way if the tracks have been removed.

F.

Boundaries indicated as parallel to, or extensions of features indicated in subsections A—E above, shall be so construed. A distance not specifically indicated in the official zoning map shall be determined by the scale of the map to the nearest foot.

G.

Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by Subsections A through F above, the zoning board of appeals shall interpret the district boundaries.

Should the above rules not fully explain a question of boundaries, the zoning administrator shall have the authority to make an interpretation on appeal based upon the aforementioned standards. See Article XV.

Sec. 4.4. - Scope of district provisions.

4.4.1.

Land Uses, Buildings, Structures and Premises Subject to Regulation.

A.

Every building or structure erected, any use of land, building, structure or premises, any structural alteration or relocation of an existing building or structure and any enlargement of, or addition to, an existing use of land, building, structure or premises occurring after the effective date of this ordinance shall be subject to all regulations of this ordinance which are applicable within the zoning district in which such land use, building, structure or premises shall be located.

B.

Only uses permitted in particular districts per the provisions of this article may be established on a parcel. All other uses may be permitted only if the ordinance has been amended to permit them, unless authorized by action of the zoning board of appeals, or by means of approval of a planned unit development by the planning commission or city commission pursuant to Article XIII.

C.

A change in use group under the Stille-DeRossett-Hale Single State Construction Code Act, PA 230 of 1972, such as from "storage" or "business" to "mercantile" or "assembly" is a change of use which also requires review and approval under this ordinance.

D.

All zoning approvals granted under this ordinance run with the land. All future owners are subject to the terms and conditions of any permit issued under this ordinance prior to their ownership, unless such a permit is no longer valid as determined by the zoning administrator.

4.4.2.

Categories of Authorized Uses. The principal and accessory uses permitted by district are listed on tables in Section 4.6.4 and 4.6.5. Other sections of this ordinance establish additional requirements (such as parking, buffering, fencing, landscaping, etc.) or provide for exceptions. All relevant sections must be consulted to understand the scope of regulations that apply in a particular case. Uses listed as "P" on Table 4-1, Section 4.6.3, and Table 4-2, Section 4.6.4 are allowed by right. Uses listed as "C" on Table 4-1, Section 4.6.3, and Table 4-2, Section 4.6.4 are allowed by right if the nondiscretionary conditions associated with that use, as set forth in Article XI, are met. Accessory Uses are permitted as indicated on Table 4-3, Section 4.6.5 for the various zoning districts, and if such uses are clearly incidental to the permitted principal uses. Uses listed as "S" on Table 4-1, Section 4.6.3, and Table 4-2, Section 4.6.4 are permitted by special use permit if the required discretionary and nondiscretionary standards associated with that use, as set forth in Article XI, are met, as reviewed by the planning commission and considered by the city commission.

4.4.3.

Unlisted Uses. Where a proposed use of land or use of building is not contemplated or specified by this ordinance or where the zoning administrator has a question as to the appropriateness of a use which, although basically permitted, involves other features which were not contemplated or specified by this ordinance, the zoning administrator shall request the planning commission to consider the proposed use, and if deemed appropriate, to then initiate the necessary amendment to this ordinance to provide for the requested use in appropriate districts and according to standards recommended by the planning commission. Following adoption of the amendment by the city commission, an application may be made to the zoning administrator to establish that use on a parcel in a district in which that use is permitted.

4.4.4.

Required Open Spaces. No part of a setback area, or other open space, or off-street parking or loading space required in connection with any use of land, building or structure, for the purpose of complying with this ordinance shall be included as part of a setback area, open space, or off-street parking lot or loading space similarly required for any other use, building or structure, except as provided for joint use of parking in Section 18.2.5.

4.4.5.

Site Plan Review Threshold. No use of land, buildings, Structures or portions thereof of a size or character greater than the threshold as provided in Section 12.2 of this ordinance, shall be erected or utilized without the prior approval of the site plan in accordance with Article XII of this ordinance.

4.4.6.

Public Land, Buildings, Structures and Premises Are Subject to this Ordinance. All land within the territory subject to this zoning ordinance which is owned by the City of St. Joseph shall be exempt from the provisions of this ordinance. All land within the territory subject to this zoning ordinance which is owned by the state or federal governments, or other local agencies, including public schools and universities, or by any other public or quasi-public entity is subject to the requirements of this ordinance, except as exempted or varied herein (see e.g., Essential Services Section 3.7 in Article III), or as specifically exempted by state or federal law (such as military establishments), or by action of a judge in a court of law.

4.4.7.

Zoning of Annexed Areas. Whenever any area is annexed to the City of St. Joseph, one of the following conditions will apply:

A.

Land that is zoned previous to annexation shall be classified as being in whichever district of this ordinance that most closely conforms with the zoning that existed prior to annexation, such classification to be recommended by the planning commission to the city commission and the commission shall approve same by ordinance.

B.

Land not zoned prior to annexation shall be automatically classified as an R1 District until a zoning map for said area has been adopted by the city commission. The planning commission shall recommend the appropriate zoning districts for such area within three months after the matter is referred to it by the city commission.

4.4.8.

Zoning of Vacated Areas. Whenever any street, alley or other public way within the City of St. Joseph shall be vacated by official action, such street, alley or other public way, or portion thereof, shall automatically be classified in the same zoning district as the property to which it attaches.

4.4.9.

Reserved.

4.4.10.

Intent and Structure of District Scheme. The City of St. Joseph Zoning Ordinance is based upon and is intended to help implement the City of St. Joseph Comprehensive Plan. The zoning Districts address four major land use categories: residential, office, commercial, and industrial.

A.

The three residential zones provide for a wide range of residential living opportunities. Each zone establishes residential use as the primary and preferred use. A limited set of uses that are related to residential Use of property are also permitted. The greater density associated with a concentration of two-family and multiple-family development requires separate zones for these uses. Land is intended to be rezoned to the higher intensity residential districts only when public services are adequate and only in locations consistent with the City of St. Joseph Comprehensive Plan.

B.

The commercial office district serves as a transition zone to buffer low intensity adjacent uses (usually residential) from nearby higher intensity uses (usually commercial). It also provides a separate zone with a limited number of other compatible uses so as to protect investments made in office structures.

C.

The commercial district is designed to meet the needs for general business in the city. The commercial district is expected to remain limited in size and location, and expanded only when growing demand cannot be met by land in the current zone and when expansion is consistent with both the policies and Future Land Use Map of the City of St. Joseph Comprehensive Plan.

D.

The Downtown District is designed to be convenient and attractive for the needs of nearby office workers and residents and for shoppers and tourists arriving by automobile and parking once to carry out several errands. Intensive development of shopping and service facilities and safe and convenient pedestrian travel are essential to the economic viability of the district and public safety and welfare. To strengthen the downtown's economic viability, residential development of the upper floors of buildings is permitted with certain conditions within the district.

E.

Two industrial districts accommodate the growing needs for a wide range of wholesale, specialized industrial service and manufacturing establishments. Special standards to minimize impacts on abutting residential properties are also provided, as are a limited number of non-industrial uses. Expansion of these districts is expected to occur only when consistent with the City of St. Joseph Comprehensive Plan.

F.

Special districts such as open space and waterfront recreation districts are intended to encourage the preservation, protection and appropriate use of environmentally unique or sensitive areas and to encourage and facilitate a limited number of recreationally oriented or related uses that are compatible with the city's waterfront areas.

Sec. 4.6. - Definitions of use classes and authorized uses.

4.6.1.

Definitions of Use Classes.

A.

Use classes arrange land uses and activities into use categories based on common functional, product or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

B.

When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, delicatessen and bakery, for example, would be classified in the food and drink service establishments category, because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category. A mail order facility may simply be a call center or it may have warehouse or storage facilities on site. The zoning administrator shall classify the facility into the proper zoning district based on the characteristics of the use.

C.

Accessory uses are permitted in conjunction with a principal use subject to any special regulations applicable to it, and to the regulations applicable to the principal use if there are no special regulations. See also Article III for additional accessory use regulations.

D.

The list of examples of authorized uses on Table 4-1, Section 4.6.3, lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "wholesale warehouse" but that sells mostly to consumers, is included in the general retail establishments category rather than the wholesale trade establishments category. This is because the actual activity on the site matches the description of the general retail establishments category.

E.

Many uncategorized uses are special uses for which particular standards are provided in Article XI. Others are basic uses allowed by right. Some uses are listed in more than one category (e.g. drugstores as convenience retail and also as medical service establishments).

F.

The limited neighborhood business class is a unique use class intended to recognize the circumstances peculiar to a number of nonconforming uses. A use which, on a particular lot at a particular time, meets the definition of a limited neighborhood business shall be considered to belong to the limited neighborhood business use class rather than to its ordinary use class. For example, a coffee shop would ordinarily be considered a food and drink service establishment; if that coffee shop were located in a residential district or proposed to be located in a residential district and otherwise meets the definition of a limited neighborhood business, it would instead be considered a limited neighborhood business. If the lot should be rezoned to a nonresidential district, the use would no longer be considered a limited neighborhood business but would be considered a food and drink service establishment and would be a conforming use or nonconforming use depending on the authorized uses of the new zoning district.

4.6.2.

Similar Use Interpretations.

A.

The following considerations are examples of the factors that may be evaluated by the zoning administrator in making similar use interpretations (see also Section 15.4.8 on an appeal):

1.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category.

2.

The relative amount of site area or floor space and equipment devoted to the activity.

3.

Relative amounts of sales from each activity.

4.

The customer type for each activity (retail or wholesale).

5.

The relative number of employees in each activity.

6.

Hours of operation.

7.

Building and site arrangement.

8.

Vehicles used with the activity.

9.

The relative number of vehicle trips generated by the use.

10.

How the use advertises itself.

11.

Any other relevant considerations.

B.

The zoning administrator shall keep a log of all use interpretations indicating the use, the options considered and the selection made, along with the reasons for that decision.

4.6.3.

Use Classes, Definitions, and Examples of Uses Permitted. Table 4-1 presents land use classes, definitions and examples of uses permitted.

Table 4-1

Classes, Definitions and Examples of Uses Permitted

 

USE CLASSES AND

DEFINITIONS 		EXAMPLES OF USES

PERMITTED 		PERMITTED DISTRICTS
Business Service

Establishments

Establishments primarily engaged in rendering services to business establishments on a fee or contract basis. 		Advertising and mailing; stenographic services; temporary Personnel services; duplicating and copying services; Building maintenance; employment services; commercial food catering management and consulting services; protective services; equipment rental and leasing; commercial research; photo finishing; data processing; telemarketing sales; vending machine service; and office supply services.
Other establishments similar to and compatible with the above establishments. 		"P" in CO, C, I-1
"C" in D (not on street level/first floor)
Community Residential Care

Facilities

a. Community residential care facilities provide shelter and care for individuals with special needs in single-family dwellings for six or less persons.
b. Community residential care facilities provide shelter and care for individuals with special needs in single-family dwellings for more than six persons. 		Child Care Center/Day Care Center; Family Day Care Home; Group Day Care Homes; and Private Home Day Care. These are all state-regulated facilities. Other establishments similar to and compatible with the above establishments. a. "P" in R1, R2, R3 "C" in D
b. "C" in R2, R3, D
Convenience Retail

Establishments

A retail establishment offering for sale prepackaged food products, milk, bread, donuts, sandwiches, beverages, newspapers and magazines, household items, pharmaceuticals, and other items for off-premises consumption. This includes similar establishments providing convenience services primarily geared toward individual, rather than business use, such as walk-in packaging, shipping and mailing services; facsimile services; mailbox rental; and photocopying. These are usually short-trip, high-volume uses not more than 3,500 square feet in size. A convenience retail establishment can share a Building with another use, such as an automobile service station.
Drive-through establishments are not convenience retail establishments. 		Party stores; drug stores; grocery stores; bakeries; delicatessens; magazine and newspaper stands; consumer-oriented packaging and mailing stores.
Other retail establishments similar to and compatible with the above establishments. 		"P" in C, CO, D
"PUD" in W
Dangerous Chemicals:

Manufacturing, Storage

and/or Distribution

Manufacturing establishments which produce flammable, explosive or corrosive substances subject to state or federal regulation. 		Manufacture and/or storage of fireworks, petroleum products, propane, bottled gas storage, industrial acids or similar substances; refineries.
Other establishments similar to and compatible with the above establishments. 		"P" in I-2
Drive-through Establishments

An establishment that by design, physical facilities, service or by packaging procedures encourages or permits customers to conveniently make deposits, view specified objects, receive services, or obtain goods without disembarking from their motor vehicles, and then proceeding elsewhere. Distinguished from a drive-in establishment by the absence of parking while the service is being provided (as in a drive-in theater). 		Drive-through fast food Restaurants, banks, drug stores, photo shops, grocery or party stores, and related businesses. A drive-through window must be accessory to a permitted Principal Use.
Drive-through automated teller machines and similar self-service automated kiosks.
Other retail and business service establishments similar to and compatible with the above uses. 		"S" in C, CO
Educational Institutions

An educational institution is any government-owned and operated facility, Building or part thereof which is designed, constructed, or used for education or instruction at the primary or secondary level.
Educational institutions may have offices, meeting areas, food preparation or serving areas, and athletic facilities as Accessory Uses. 		Governmentally owned and operated public elementary and secondary schools.
Other institutions similar to and compatible with the above uses. 		"C" in R1, R2, R3
Essential Services

The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of overhead, surface or underground gas, communication, telephone, television, electrical, steam, fuel or water distribution or transmission systems, collection, supply or disposal systems including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience, or welfare, but not including towers or office Buildings, substations, or Structures for service equipment, or maintenance depots. 		Telephone, television, and electrical lines; sanitary sewer, storm sewer and water lines; gas and oil lines that link homes, businesses, schools and other Buildings to utility and public services Structures, including "Structures" such as telephone pedestals, cable television service boxes, and the like, so long as they do not exceed 10 square feet in base Footprint and are no more than 4 ft. tall.
Also includes public roads and road rights-of-way, railroad Right-Of-Way and uses related thereto.
If Structures exceed dimensions listed above they shall be considered Utility and Public Service Installations, and they must meet those classification requirements. 		"P" in all Districts
Facilities for the Dead

Establishments for the preparation, visitation and internment of the dead, or lawful disposition of their bodies. 		a. Cemeteries, columbaria, and/or mausoleums.
b. Funeral homes and associated crematoria.
c. Crematoria only. 		a. "C" in R1, R2, R3
b. "C" in C
c. "C" in I1, I2
Food and Drink Service

Establishments

An establishment where food and drink are prepared, served and consumed primarily on the premises. 		Restaurants (eat-in or take-out, but not drive through); bakeries; cafes; bars and taverns; nightclubs; cabarets; brewpubs (allowed only in conjunction with and as part of a Restaurant); coffee shops; delicatessens; diners; and related uses similar to and compatible with the above uses. "P" in D, C
"PUD" in W
General Retail Establishments

The principal activity of general retail establishments is the purchase and resale, leasing or renting of goods or merchandise to the public for Personal, household, or business Use or consumption and rendering services incidental to the sale of such goods. There may be processing or manufacturing of products incidental or subordinate to the selling activities (such as a bakery or delicatessen at a grocery store).
A common Accessory Use is repair of products sold on the premises. These facilities are small in scale compared to "big box" establishments. 		Stores selling, leasing, or renting new or used consumer, home and business goods including, but not limited to: apothecary goods; appliances; art and art supplies; antiques; bicycles; books, magazines and stationery; clothing; furs; dry goods; electronic equipment; fabric; furniture; garden supplies, plants and flowers; gifts and novelties; groceries; hardware; home Improvements; household products; jewelry; lumber and Building materials and incidental millwork; music and instruments; office supplies; pets and pet food; sporting goods; tableware; toys; and videos, prepackaged and fresh food.
Other retail establishments similar to and compatible with the above establishments. 		"P" in D, C
"PUD" in W
Group Housing

Group housing is characterized by the residential occupancy of a Structure by a group of people who do not meet the definition of a "Family" but often share a common situation. The size of the group may be larger than the average size of a household. Tenancy is usually arranged on a monthly or longer basis. It may be a form of transient lodging. There is usually a common eating area for residents. 		Monasteries, seminaries and convents. Other housing similar to and compatible with the above housing.
Does not include prisons, other correctional facilities, community residential care facilities or institutions for human care. 		"P" in R3
Indoor Entertainment

Establishments

Business establishments providing recreation that diverts, amuses, entertains, or provides entertainment or other hospitality associated with food service or accommodations. Does not include drive-through establishments.
Additional state regulations apply to indoor entertainment establishments that serve alcohol. 		Bowling alleys; ice or roller blade rinks; indoor soccer fields and racquet courts; gymnasiums or gymnastic facilities; health or fitness clubs; amusement centers and game arcades; bingo parlors; pool or billiard halls; dance halls; theaters; membership clubs and lodges; saunas, hot tubs and similar establishments; hotels, motels and other temporary lodging with an average length of stay of less than 30 days. Other establishments similar to and compatible with the above establishments.
Restaurants and cafes without entertainment are not indoor entertainment establishments, they are food service establishments. Hotels, motels and other temporary lodging are not indoor entertainment establishments if there is no entertainment offered, they are lodging/accommodation establishments. 		"P" in C, D, I-1
"PUD" in W
Industrial Service

Establishments

Industrial service firms are engaged in the Repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and Building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.
"Light": fully enclosed; no outdoor operations or storage of materials or vehicles.
"Medium": same uses identified in "light," but with some outdoor operations or temporary storage of materials or vehicles.
"Heavy": same uses as light or medium, but at a greater scale or volume of activity plus other uses with greater Nuisance characteristics. 		Light/Medium: Welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; auto and small truck engine, radiator, transmission, body and frame repair; Building, heating, plumbing or electrical contractors; general Building contractors; exterminators; recycling operations; Kennels with outdoor facilities or dog runs; janitorial and Building maintenance services; fuel oil distributors, solid fuel yards; research and development laboratories; laundry, dry-cleaning and carpet cleaning plants; diaper services; linen supply services; and photo-finishing laboratories.
Heavy: Sales, repair, storage, salvage or wrecking of heavy machinery, metal and Building materials; towing and vehicle storage; auto and truck salvage and wrecking; junkyards; heavy truck servicing and repair; tire retreading or recapping; truck stops; batching and redi-mix; contractors with large equipment stored on site; heavy equipment trade schools.
Other establishments similar to and compatible with the above establishments. The scale or volume of any otherwise light industrial activity may result in classification as a medium or heavy industrial activity. 		Light: "P" in C, I-1, I-2
Medium: "P" in I-1, I-2
Heavy: "P" in I-2
Institutions for Human Care and Habitation

Institutions for human care include a broad spectrum of facilities for the diagnosis, treatment, care, rehabilitation or training of Persons who may be ill, physically disabled, mentally retarded, emotionally disturbed, drug or alcohol dependent. Also includes facilities designed to meet the temporary housing needs of special populations (e.g. homeless, abused spouses, etc.). Does not include correctional facilities. 		Community Care Facilities for the Elderly; Nursing Care Facilities; adult foster care: Group Homes and Congregate Facilities; extended care facilities; orphanages; sanitariums; halfway houses; spouse abuse shelters; homeless shelters.
Other institutions similar to and compatible with the above uses. 		"P" in R3
"C" in D (not on street level/first floor)
Limited Neighborhood

Businesses

A commercial or industrial Use established on a Lot in a Residential zoning District, when the Ordinary Use Class of that Use is not an Authorized Use in that zoning District.
Limited to: 1) Nonconforming Uses existing at the time of adoption of this ordinance or subsequent amendment; 2) commercial or industrial Uses with previous zoning approvals such as Special Use Permits and Use Variances, when that Use is no longer an Authorized Use in that District; and 3) Successor Uses as allowed under this Use Class.
Does not include any commercial or industrial Use that is currently an Authorized Use in the zoning District under the Ordinance. 		Any commercial or industrial Use which is not an Authorized Use in the Residential zoning District in which the Lot is located. "C" in R1, R2, R3
("S" in R1, R2, R3 if requesting a liquor license change or a Drive-Through Establishment; see 11.12.10.B)
Lodging/Accommodations

A facility offering transient lodging accommodations to the general public and possibly providing additional services, such as Restaurants, meeting rooms, entertainment, and recreational facilities as Accessory Uses. Includes Short-term Rental establishments. 		a. Hotels, motels, auto courts, lodges, residence inns, and other resident lodging facilities.
b. Bed and Breakfast establishments.
c. Short-term Rental establishments.
d. Special Event Rentals (Temporary Use) 		a. "P" in C, D; "PUD" in W
b. "S" in R3; "PUD" in W
c. "C" in W; "C" in R3 (if not adjacent to residential district or Use) "S" in R3 (if adjacent to residential District or Use) "C" in D (not on street level/first floor)
d. "P" in all zoning Districts; Temporary Use (see requirements of chapter 8 of the St. Joseph Code of Ordinances)
Manufactured Housing Park or Mobile Home Park

Any Lot, site, Parcel or tract of land under the control or management of any Person upon which one (1) or more Mobile Homes are parked or which is offered to the public for that purpose regardless of whether a charge is made, therefore, or not, and including any Buildings, Structure, tent, vehicle, or enclosure used or intended to be used as part of the equipment of the park. 		Manufactured homes in a park, Subdivision or condominium development "PUD" in R3
Manufacturing Establishments

Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. 		Light: Creameries; bottling works; bakery goods; candy; food products; ice making; greenhouses and Nurseries; taxidermists; printing, publishing and engraving shops; automotive products; vehicle and machinery assembly; fabricated metal products; forming and molding plastic products; cosmetics; pharmaceuticals; toiletries; hardware and cutlery; tool, die, gauge and machine shops; processing of machine parts; musical instruments; toys; novelties; metal or rubber stamps; molded rubber products; monument and art stone production; industrial laundry operations; wood products processing facility; assembly of electrical appliances, electronic instruments and devices; radios and phonographs.
Heavy: Drop forging; heavy stamping; punch pressing; heat treating, plating, hammering; or other similar activities; automobile, truck, farm or other large equipment assembly; manufacture of metallurgical products; and heavy machinery fabrication; dry bulk blending plant or handling of liquid nitrogen fertilizer and/or anhydrous ammonia; meat and poultry processing and packing (wholesale excluding slaughtering); and sawmills.
Other manufacturing establishments similar to and compatible with the above establishments in each class. The scale or volume of any otherwise light manufacturing activity may result in a classification as a heavy manufacturing activity. 		Light: "P" in I-1
Heavy: "P" in I-2
Medical Service Establishments

Health care facilities providing medical, dental, surgical and preventive health services to patients as well as establishments providing support to health professionals and patients such as medical laboratories for research and testing, medical suppliers and service establishments. 		Small: Medical or dental clinics; doctor or dentist offices; medical or dental labs; blood collection facilities; x-ray and related scanning facilities; emergency medical care facilities; sales of medical supplies and prosthetics; drug stores; pharmacies; therapeutic massage by certified or licensed masseuses, physical therapists, rehabilitation therapists, nurses, or physicians; psychiatrists, psychologists, and outpatient counseling facilities; veterinary clinics; Kennels if fully enclosed with no outside operations.
Large: Hospitals.
Other establishments similar to and compatible with the above establishments. 		Small: "P" in C
"C" in D (no more than 33 feet of Frontage at the street level/first floor of the address side of the Building.)
"C" in CO (not a veterinary office or kennel)
Large: "PUD" in C, R1, R2, R3
Multiple-family Dwellings

A Building or portion thereof used and designed to contain separate living quarters for three or more families on one or more levels, but which may have joint services or facilities, such as for laundry or storage. 		Apartment Building, townhouses, and row houses, garden Apartments, and condominiums when considering the entire Structure (not the individual Dwelling Units). Independent living facilities.
Other housing similar to and compatible with the above housing. 		"P" in R3
"C" in D (not on street level/first floor)
"C" in C, CO (not on street level/first floor and not more than 67% of total floor area of Building)
"PUD" in W
Office Establishments

Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, financial services. Accessory Uses may include cafeterias and health facilities established primarily to service the needs of employees on the premises. 		Financial institutions: lenders, brokerage houses, banks; insurance offices; real estate offices; offices for attorneys, accountants, architects, engineers and similar professionals; government offices; and Public Utility offices.
Automated teller machines and similar self-service automated kiosks located within a Building or Structure or as a pedestrian walk-up only (no drive-through use).
Other office establishments similar to and compatible with the above establishments. 		"P" in CO, C, D
"PUD" in W
Outdoor Recreation &

Entertainment Establishments

Outdoor recreation and entertainment uses provide continuous, intermittent or seasonal recreation and/or entertainment-oriented activities largely in an outdoor setting. They may take place in a number of Structures that are arranged together in an outdoor setting. There may be concessions, Restaurants, retail shops selling items related to the recreation or entertainment uses, office for management functions, spectator seating and service areas, including locker rooms and rest rooms, caretaker's quarters and maintenance facilities in addition to Structures for the Principal Uses.
Additional regulations apply to outdoor entertainment establishments that serve alcohol. 		Amusement and water parks; theme parks; fairgrounds; zoos; golf courses; golf driving ranges; miniature golf facilities; animal racing; go-cart, automobile or motorcycle tracks; amphitheaters; air gun or survival games; batting cages; ski slope; and skate board parks.
Other uses similar to and compatible with the above establishments. 		"P" in I-1
"PUD" in W
Parking Facilities

Facilities which are not associated with a particular Lot or Use, but instead serve as a common parking area for other Lots or Uses. 		Parking lots, parking structures.
Other Uses similar to and compatible with the above facilities. On-site parking for a Principal Use is an Accessory Use. City-owned or -operated Parking Facilities are "Public Buildings". 		"P" in CO, C, I1, I2
"C" in D
"PUD" in W
Personal Service

Establishments

Establishments primarily engaged in providing services involving the care of a Person or his or her Personal goods or apparel. 		Laundry pick-up stations; dry cleaning establishments performing the cleaning processes on site; self-service laundries; nails, beauty and barber shops and salons; shoeshine and shoe repair; tattoo parlors; tanning, steam baths, reducing salons and health clubs; tailor and dressmaker shops; tuxedo rental; photographic studios; animal grooming; and domestic services.
Other Personal service establishments similar to and compatible with the above establishments. Does not include massage services except as accessory to a beauty shop or salon. 		"P" in C, D
Public Buildings

Buildings housing public services usually in offices, including City-owned or -operated "Educational and Social Institutions," "Parking Facilities," and "Utility and Public Service Installations." 		Libraries, museums, city hall, police station, fire station, public works, and other public Buildings similar to and compatible with the above uses, and any City-owned or -operated "Educational and Social Institutions," "Parking Facilities" or "Utility and Public Service Installations." City-owned: "P" in all Districts
Not City-owned: "S" in all Districts except W
"PUD" in W
Religious Institutions

Religious institutions primarily provide meeting areas for religious activities. They may be associated with a convent (group housing) or provide caretaker housing or a parsonage on site (as an Accessory Use). 		Churches, synagogues, temples, mosques and associated cemeteries
Other institutions similar to and compatible with the above establishments.
Schools, Day Care Centers, homeless shelters, soup kitchens and other uses sometimes associated with religious institutions are separate Principal Uses. 		"C" in all zoning Districts except OS
Repair Services

Establishments that service or repair appliances, electrical equipment or other mechanical equipment or consumer goods. Includes customer drop-off and pick-up as well as off-site service calls. 		Light: Repair of televisions, bicycles, clocks, watches, cameras, shoes, guns, appliances and office equipment; clothing; locks, and upholstery.
Medium: Repair of small engines like lawn motors and small electric motors.
Other establishments similar to and compatible with the above establishments. Does not include repair of motor vehicles. 		Light: "P" in C, D, I-1
Medium: "P" in I-1
"C" in C (must be indoors/fully enclosed)
Research, Development and

Scientific Establishments

An establishment or other facility for carrying on investigation in the natural, physical or social sciences which may include engineering and product development. 		Laboratories, research park, computer and related development and testing facility, software development.
Other establishments similar to and compatible with the above establishments. 		"P" in C, CO, I-1
"C" in D (not on street level/first floor)
Sexually Oriented Businesses

Business or commercial enterprises engaging in the provision of sexually oriented products and services to adults. Often of an adult entertainment character. 		Adult bookstore, adult club, adult massage parlor, adult model studio, adult motel, adult theater or escort agency.
Other adult entertainment establishments similar to the above establishments. 		"C" in C, I-1 (see requirements of Chapter 38 of the St. Joseph Code of Ordinances).
Single-family Dwelling

A Building containing not more than one Dwelling Unit used, intended or designed to be used as the home or residence of one family. Includes site constructed, modular and manufactured dwellings for a single family. 		Single-Family Dwelling, site condominium, Apartment unit.
Child Care Center/Day Care Center with not more than six (6) Persons, Family Day Care homes with not more than six (6) Persons, Group Day Care homes with not more than six (6) Persons, Adult foster care facilities with not more than six (6) Persons.
Other housing similar to and compatible with the above housing. 		"P" in R1, R2, R3
"C" in D (not on street level/first floor)
"C" in C, CO (not on street level/first floor, and not more than 67% of total floor area of Building)
"PUD" in W
Mobile Home "P" in R3
Social Institutions

A social institution is a privately owned or operated facility which is designed, constructed, or used to provide service of a public, nonprofit, or charitable nature to the people of the community on an ongoing basis (not just special events). Social institutions include privately owned or operated facilities which provide education or instruction in any branch of knowledge.
Social institutions may have offices, meeting, instruction, food preparation or serving areas, and athletic facilities as Accessory Uses. 		Light/Office:
Facilities to house charitable, eleemosynary or philanthropic organizations such as United Way, Red Cross, Salvation Army that primarily use space for office operations.
Medium/Heavy:
Centers for social activities such as neighborhood, community or senior centers. Military schools; business, trade and vocational schools (not construction equipment or large vehicles); art, music and dance schools; drivers' training (not large vehicles); institutions for higher education; auditoriums and other places for public assembly; soup kitchens. 		Light/Office:
"P" in C, CO, I-1
"C" in D (not on street level/first floor)
"PUD" in R1, R2, R3 (when use is not an office use)
Medium/Heavy:
"P" in C, CO, I-1
"C" in D (not on street level/first floor)
"PUD" in R1, R2, R3 (when the use is not an office use)
Two-Family Dwelling

A Building containing not more than two Dwelling Units, each designed and used exclusively as the home, residence or sleeping place of one family.
An ECHO Unit approved pursuant to Section 11.12.5 does not redefine a single-family dwelling as a two-family dwelling for the purposes of this ordinance. 		A duplex; a Building with two dwellings constructed side-by-side, front-to-back, over and under, or some combination of the above. Can be new construction or modification of an existing Structure provided each dwelling is separate.
Other housing with only two units similar to and compatible with the above housing. 		"P" in R2, R3
"C" in D (not on street level/first floor)
"C" in C, CO (not on street level/first floor, and not more than 67% of total area of Building)
"PUD" in W
Utility and Public Service

Installations

A Building or Structure within which a utility or transportation service deemed necessary for the public health, safety or general welfare (an essential service) is provided to the public by an entity under public franchise or ownership; including, but not limited to, facilities created for the generation, transmission and/or distribution of electricity, gas, steam, communications, television, and water; the collection and treatment of sewage and solid waste; and the provision of roads, rails, air or mass transportation.
Accessory Uses may include offices, truck and large equipment parking, fueling and maintenance. 		Heavy: Water and sewage treatment facilities; water towers; large scale artificially constructed stormwater retention and detention facilities; telephone exchanges; recycling collection centers; solid waste; road maintenance and other public works garages.
Light: Electrical substations, gas regulator stations.
Communication Tower: radio, television, cellular and microwave transmitter towers or other communication towers; satellite Antennas larger than ten feet in diameter (does not include Antennae permitted as an Accessory Use).
Other utility and public service Structures similar to and compatible with the above establishments. 		Heavy: "P" in I-1
Light: "P" in I-1
"S" in all other Zones
Communication Tower: "S" in all Zones.
Vehicle Sales and Service

Establishments

Retail sales and service of motorized land and water vehicles. Generally the customer does not wait at the site while the service or repair is being performed. Accessory Uses may include offices, showrooms, sales of parts, and vehicle storage. 		Sales: Sales of new and used automobiles and trucks; Mobile Homes; boats; campers and other Recreational Vehicles; trailers; motorcycles, snowmobiles, Personal watercraft and other motorized sporting goods.
Service: Service and repair of the above vehicles including: engine or transmission repair, muffler, brakes and windshield repair or replacement; upholstery repair; tire sales, alignment and mounting; auto detailing; vehicle wash; oil change, lubrication and related services; automobile service stations; towing and short term vehicle storage.
Other establishments similar to and compatible with the above establishments. Does not include: auto body shop; frame reconstruction; repair and service of industrial vehicles and heavy trucks. 		Sales: "P" in C, I-1
"PUD" in W (only for establishments selling or servicing boats or watercraft as a Principal Use)
Service: "C" in C, D, and I-1
"PUD" in W (only for establishments selling or servicing boats or watercraft as a Principal Use)
Waterfront Sales and Services

Activities which provide goods and services that are directly associated with water-dependent or waterway uses. Includes commercial and recreational uses and boat-related services and sales. 		Marinas; ship's store with related supplies and services; boat sales, service and storage; passenger and vehicular ferry terminals and associated facilities. "PUD" in W
Wholesale Trade

Establishments

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. There is little on-site sales activity with the customer present. Accessory Uses may include offices, truck fleet parking, fueling and maintenance. 		Warehousing, storage or transfer Buildings, excluding the storage of flammable liquids. Truck, rail, marine or air freight terminals; bus barns; cold storage facilities; Parcel services, fertilizer sales, seed sales and grain elevators and terminals; lumber companies selling at wholesale; stockpiling of sand, gravel or other aggregate materials.
Other retail establishments similar to and compatible with the above establishments. 		"P" in I-1, I-2
"PUD" in W (only for establishments in which the merchandise or material is loaded onto or unloaded from vessels at the site).

 

;adv=6;4.6.4.

Authorized Uses Table. Table 4-2 presents land uses and use classes permitted by district and the type of approval required.

Table 4-2

City of St. Joseph Authorized Uses

 

Land Uses: Principal by Use CategoryR1R2R3CODCI1I2OSW
RESIDENTIAL & RELATED USES
Single-family Dwellings P P P C C C PUD
Two-Family Dwellings P P C C C PUD
Multiple-family Dwellings P C C C PUD
Manufactured Housing Park PUD
Group Housing P
Community Residential Care Facilities for 6 or fewer persons P P P C
Community Residential Care Facilities for more than 6 persons C C C
Institutions for Human Care and
Habitation 		P C
COMMERCIAL & RELATED USES
Business Service Establishments P C P P
Convenience Retail Establishments P P P PUD
Drive-Through Establishments S S
Food and Drink Service Establishments P P PUD
General Retail Establishments P P PUD
Indoor Entertainment Establishments P P P PUD
Limited Neighborhood Businesses C/S C/S C/S
Lodging/Accommodations, Hotel P P PUD
Lodging/Accommodations, Bed &
Breakfast 		S PUD
Lodging/Accommodations, Short-term Rental C/S 8 C 8 C 8
Office Establishments P P P PUD
Outdoor Recreation and Entertainment
Establishments 		P PUD
Personal Service Establishments P P
Repair Services, Light P P P
Repair Services, Medium C P
Sexually Oriented Businesses C C
Vehicle Sales and Service Establishments (Sales) P P PUD
Vehicle Sales and Service Establishments (Service) C C C PUD
INDUSTRIAL USES
Dangerous Chemicals: Manufacturing, Storage and/or Distribution P
Light Industrial Service Establishments P P P
Medium Industrial Service Establishments P P
Heavy Industrial Service Establishments P
Light Manufacturing Establishments P
Heavy Manufacturing Establishments P
Research Development, & Scientific
Establishments 		P C P P
Waterfront Sales & Services PUD
Wholesale Trade Establishments P P PUD
PUBLIC/SEMI-PUBLIC USES
Public Buildings, City-Owned P P P P P P P P P P
Public Buildings, Owned by other than the City of St. Joseph S S S S S S S S S PUD
Educational Institutions C C C
Essential Services P P P P P P P P P P
Facilities for the Dead C C C C C C
Medical Service Establishments, Small C C P
Medical Service Establishments, Large PUD PUD PUD S
Parking Facilities P C P P P PUD
Religious Institutions C C C C C C C C C
Social Institutions, Light/Office PUD 9 PUD 9 PUD 9 P C P P
Social Institutions, Medium/Heavy PUD 9 PUD 9 PUD 9 P C P P
Social Institutions C C P P
Utility and Public Service Installations, Heavy P
Utility and Public Service Installations, Light S S S S S S P S S S

 

C= Conditional Use; P = Permitted Use; and S = Special Use; see Section 4.4.2. PUD = Planned Unit Development, see Article XIII.

Reference Notes:

1—Garages and sheds must be located off the alley.

2—Permitted only in the rear yard.

3—Not permitted in any front yard or secondary front yard.

4—Not permitted in side yard facing a residential district, even if across the street.

5—Must be screened from adjacent residential properties.

6—Off-street parking in the D Downtown District not owned or operated by the city is a conditional use, under the same requirements as parking facilities (see 11.12.15).

7—The residential dwelling unit must be authorized under this ordinance, or a nonconformity; the special use allows the short-term rental use of that dwelling unit.

8—The residential dwelling unit must be authorized under this ordinance, or a nonconformity; the conditional use allows the short-term rental use of that dwelling unit.

9—When the use is not an office use.

4.6.5.

Accessory Use Table. Table 4-3 presents accessory uses, structures and buildings by district and the type of approval required.

Table 4-3

City of St. Joseph Common Accessory Uses, Buildings & Structures Allowed Uses

 

Accessory Uses, Buildings &

Structures		R1R2R3CODCI1I2OSWSpecial
Standards Section #
Antennae P P P P P P P P P
Boathouses and hoists P P 9.6.5
Decks and patios P P P P P P P 3.9.2, 3.9.6, 3.9.7
ECHO Unit S S S 11.12.5
Exterior lighting P P P P P P P P P P 19.2.1
Fences, walls, and Berms P P P P P P P P P P 9.6.5, 18.3.3, 18.4.2, 19.3.2, 19.4.1, 19.5, 19.6
Flagpoles P P P P P P P P P P 3.11
Garages and sheds P P P C 1 P P P 3.9, 9.6.5
Garage sales P P P Accessory to a

residential Use and

subject to the terms

of Chapter 24 of the

Code of Ordinances.
Gazebos, fireplaces, and other
outdoor appurtenances 		C 2 C 2 C 2 P P 3.9, 9.6.5
HVAC units C 3 C 3 C 3 C 3 C 3 C 4 P P C 4 3.9, 19.5.2
Home Occupations C C C C C C C 11.12.8
Off-street loading and unloading C 5 C 5 C 5 C 5 C 5 C 5 18.3, 18.4
Off-street parking P P P P C 6 P P P P P Article XVIII, 11.12.15
Outdoor storage P P P P P 3.9, 3.16, 18.2
Outdoor tennis courts P P P P 3.9, 9.6.5
Property management or temporary real estate office P P P P P P P P P 3.15.1
Pumphouses P P P P P P 3.9, 9.6.5
Satellite dishes P P P P P P P P P 3.9, 9.6.5
Security Station P P P P 3.9, 9.6.5
Signs and name plates C C C C C C C C C C Chapter 25, Code of

Ordinances
Solar Energy Systems P P P P P P P P P P 3.16
Special Event Rental P P P P P P P P P P Chapter 8, Code of

Ordinances
Swimming Pools, Wading Pools P P P P P P P P Chapter 28, Code of

Ordinances
Swing sets, play sets, tree houses and other playground equipment P P P P P 3.9, 9.6.5
Temporary Buildings, Structures & uses
Temporary contractor's Buildings C C C C C C C C C C 3.15.1
Temporary Buildings incidental to a Church or school P P P P 3.15.2
Temporary Solar Energy Systems P P P P P P P P P P 3.16

 

C= Conditional Use; P = Permitted Use; and S = Special Use; see Section 4.4.2.

Reference Notes:

1—Garages and sheds must be located off the alley.

2—Permitted only in the rear yard.

3—Not permitted in any front yard or secondary front yard.

4—Not permitted in side yard facing a residential district, even if across the street.

5—Must be screened from adjacent residential properties.

6—Off-street parking in the D Downtown District not owned or operated by the city is a conditional use, under the same requirements as parking facilities (see 11.12.15).

7—The residential Dwelling Unit must be authorized under this ordinance, or a nonconformity; the special use allows the short-term rental use of that dwelling unit.

8—The residential dwelling unit must be authorized under this ordinance, or a nonconformity; the conditional use allows the short-term rental use of that dwelling unit.

(Ord. of 9-12-16(1), §§ 1—5; Ord. of 11-14-16(1), §§ 1, 2; Ord. of 1-22-18(1), §§ 1—4; Ord. No. 2022-5, §§ 6, 7, 3-28-22; Ord. No. 2024-1, § 1, 1-8-24; Ord. No. 2024-17, § 3, 8-12-24; Ord. of 2-3-25(2))