[1]
Editor's Note: Former Article XIX, "C-1" Neighborhood Commercial District, containing Sections 405.2840 through 405.2980, was repealed by Ord. No. 6979, 12-9-2025. Prior history includes: Ord. No. 5814; Ord. No. 6010; Ord. No. 6022; Ord. No. 6025; Ord. No. 6159; Ord. No. 6191; Ord. No. 6333; and Ord. No. 6527.
[Ord. No. 6979, 12-9-2025]
A. 
The "M-1" Neighborhood Mixed-Use District (hereinafter the "M-1" District) is intended to accommodate low-intensity, neighborhood-serving mixed-use development that is compatible with adjacent residential areas. The district promotes pedestrian-friendly streetscapes, a human-scale environment, and development that maintains and enhances the quality of life in established neighborhoods.
B. 
The "M-2" General Mixed-Use District (hereinafter the "M-2" District) is intended to accommodate moderate-intensity, mixed-use development in transitional areas between higher and lower-intensity neighborhoods, as well as along key corridors into the City. The district promotes development that maintains a compatible scale and character with adjacent areas and encourages an active, pedestrian-oriented streetscape.
C. 
The "M-3" High-Density Mixed-Use District (hereinafter the "M-3" District) is intended to accommodate a high-intensity, mixed-use environment in the downtown area, supporting a full range of residential, office, retail, and commercial uses. The district encourages vertical development, active street-level uses, and a built form that contributes to a dense, pedestrian-oriented urban core.
D. 
The purpose of the "S-1" Service District (hereinafter the "S-1" District) is to provide a business environment conducive to economic growth by supporting a variety of commercial uses with less emphasis on pedestrian connectivity than in mixed-use zoning districts.
[Ord. No. 6979, 12-9-2025]
A. 
The following regulations, standards and guidelines shall be applicable to all property zoned "M-1," "M-2," "M-3," and "S-1," unless a provision specifically references a zoning district for inclusion or exclusion.
B. 
Alternative Compliance. Upon request of an applicant, the Planning Commission or Architectural Review Board, as appropriate depending on the type of development and application, may approve an alternative approach that may be substituted in whole or in part for a plan meeting these standards and guidelines. This approach is intended to apply in unusual circumstances that might arise where an alternative approach would provide a result that is equal to or superior to that which would be provided by the approach outlined by the standards in this Chapter. Economic consideration shall not be a basis for alternative compliance.
1. 
Procedure. An alternative compliance approach shall be prepared and submitted in accordance with the submittal requirements as set forth by the City of Clayton. The approach shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the intent of these standards than would an approach which complies with these standards.
2. 
Review Criteria. To approve an alternative approach, the Planning Commission or Architectural Review Board must find that the proposed alternative approach accomplishes the intent of the standard equally well or better than would an approach which complies with the standard.
3. 
Notice. At least seven (7) days prior to a Plan Commission or Architectural Review Board meeting, the Commission shall mail a written notice to the last known place of abode of the owners of all property, according to current county tax records, adjacent to or lying within two hundred (200) feet of all boundaries of the property under consideration for alternative compliance.
[Ord. No. 6979, 12-9-2025]
A. 
Table 1. Non-Residential and Mixed-Use Dimensional Standards, lists the dimensional standards for each non-residential zoning district.
B. 
Unless otherwise noted below, the standards listed in Table 1 shall not be subject to alternative compliance per Section 405.2850(B).
1. 
Exception. Alternative compliance may be pursued for an alternative build-to line where the applicant provides enhancements to the pedestrian environment, including but not limited to increased sidewalk width, a publicly accessible plaza, seating area, outdoor dining, or other amenities that encourage active use of the street edge. Any approved alternative build-to line should maintain a visual and spatial relationship with adjacent buildings to ensure continuity of the streetwall and the urban character of the district.
2. 
Exception. Alternative compliance may be pursued for Downtown Character Area requirements outlined in Table 2, however, such requests shall not exceed requirements of Table 1.
Table 1. Non-Residential and Mixed-Use Dimensional Standards
Standard
"M-1"
"M-2"
"M-3"
"S-1"
Built-To-Line
Front yard
Average of block frontage
None
Setbacks
Front yard
None
10 feet minimum
Rear yard
Only abutting a residential district: 10% lot depth, minimum 10 feet. Where a rear property line abuts an alley, one-half (1/2) of the width of that alley may be considered part of the required rear yard setback.
None
Side yard
Only abutting a residential district: 5 feet
None
Accessory structure
5 feet side and rear, 10 feet from principal structure
None
Permitted Encroachments — Setbacks
Open, uncovered porches, patios, decks at first floor
12 feet into front and rear
Awnings, canopies, similar
4 feet into front and rear
Exterior stairways and fire escapes
4 feet into rear
Windowsills, bay windows, belt courses, chimneys, similar architectural features
2 feet into all
Balconies
4 feet into front and rear
Basements and parking facilities complete below grade
Up to property line
Height
Building
3 stories or 35 feet maximum
7 stories or 90 feet maximum;
5 stories or 65 feet for properties fronting Clayton Road from Big Bend Boulevard to east City limits
2 stories or 30 feet minimum;
No maximum
4 stories or 70 feet
Public buildings, hospitals, institutions, schools
110 feet when building is setback additional 1 foot for each additional foot height above maximum
Permitted Encroachments — Height
Spires, belfries, monuments, ornamental towers, chimneys, or non-habitable similar features
The greater of 20 percent or 10 feet
Elevator penthouses, mechanical equipment enclosures, stair towers
15 feet
Parapet walls
4 feet
Rooftop shade structures or pergolas when open on at least three sides
15 feet
Solar panels or wind turbines
6 feet
Stepbacks
Stepbacks
15-foot (depth) upper story building setback at 3rd floor or 30 feet above grade, whichever is less, on all building elevations facing residentially zoned properties.
None
None
Floor Area Ratio
Maximum
None
5
13
None
Notes
Permitted encroachments shall not permit projections beyond a property line into public right-of-way.
C. 
Downtown Character Area.
1. 
Purpose. The Downtown Character Area, as identified by Map 1, below, covers a central portion of the Downtown Clayton neighborhood with specific dimensional standards to protect and enhance the historic character and pedestrian scale of development.
Map 1. Downtown Character Area
2. 
Applicability. Dimensional standards outlined below shall apply to property designated by Map 1 and zoned "M-2" or "M-3" and shall prevail in the event of any conflicts with Table 1. Any standards outlined in Table 1 that are not modified by Table 2 shall also apply.
3. 
Table 2. Downtown Character Area Dimensional Standards, lists the dimensional standards for the character area.
Table 2. Downtown Character Area Dimensional Standards
Standard
North of Forsyth
South of Forsyth
Height
Building Maximum
3 stories or 40 feet
8 stories or 105 feet
With Stepback Incentive
7 stories or 90 feet
20 stories or 260 feet
Floor Area Ratio
Maximum
3
6
With Stepback Incentive
5
13
Stepback Incentive
Minimum
20-foot (depth) upper story building stepback at 3rd floor or 40 feet above grade, whichever is less, running the length of the building along street frontage.
D. 
Maryland Gateway Character Area.
1. 
Purpose. The Maryland Gateway Character Area, as identified by Map 2, below, is intended to maintain a walkable, pedestrian scale, human-focused corridor with changes to the streetscape to reflect the urban character of Downtown. Much of this can be built upon the already strong presence of small retail establishments, which help define the street edge and serve as a transition to adjacent residential areas. The purpose is to create a lower density mixed-use district that provides an iconic gateway into Downtown Clayton while respecting the northern residential neighborhood and the civic uses to the south. In order to maintain this area as "pedestrian friendly," structures must be human in scale. Building mass, density and frontage variations should create a visually attractive and inviting streetscape within the urban context. The purpose of these regulations is to foster appropriate use of existing structures and enable compatible redevelopment, which serves the following goals:
a. 
Support and enhance existing retail development along Maryland Avenue and promote structures that have sidewalk frontage suitable for smaller retail and personal service activities.
b. 
Stimulate designs that minimize scale and mass as perceived from the sidewalk.
c. 
Orient front doors and align buildings to address Maryland Avenue.
d. 
Careful stepping of building height and regulation of uses to ensure that adjacencies are appropriate and not overly abrupt.
e. 
Encourage mixed use development, with ground level commercial retail and upper level residential uses.
f. 
Encourage a built environment that is friendly to the presence of people living, shopping, visiting, enjoying or spending time in the area.
Map 2. Maryland Gateway Character Area
2. 
Applicability. Dimensional standards outlined below shall apply to property zoned "M-1" and shall prevail in the event of any conflicts with Table 1. Any standards outlined in Table 1 that are not modified by Table 3 shall also apply.
3. 
Table 3. Maryland Gateway Character Area Dimensional Standards, lists the dimensional standards for the character area.
a. 
The standards listed in Table 3 shall not be subject to alternative compliance per Section 405.2850(B).
Table 3. Maryland Gateway Character Area Dimensional Standards
Standard
Maryland Gateway
Height
Building Maximum
Two (2) stories or thirty-five (35) feet, whichever is less
May not be modified through the Planned Unit Development process
Floor Area Ratio
Maximum
Three (3)
May not be modified through the Planned Unit Development process
Build-To Line
Front
Average of the block
Side
Buildings shall be constructed from side lot line to side lot line, along the entire street frontage facing Maryland Avenue. The developer shall have the option of excluding no more than twenty percent (20%) of the lots' frontage to create space for a public plaza or public green space area. This public space can be located no less than fifty (50) feet from any corner of the lot.
Setbacks
Rear Yard
Fifteen (15) feet minimum
Permitted Encroachments
Awnings, Pergolas, Patios, or Similar Features
Up to any front or side property line
[Ord. No. 6979, 12-9-2025]
A. 
Table 4. Permitted and Conditional Uses, lists the permitted and conditionally permitted uses within each base zoning district.
1. 
"P" designates a permitted use.
2. 
"C" designates a conditionally permitted use requiring a Conditional Use Permit.
3. 
"X" under the Consumer Emphasis Area designates a use that meets the requirements for a "CEA" designated property.
4. 
"*" designated additional regulations and/or qualifications for the use.
B. 
Unless otherwise noted below, the standards listed in Table 4 shall not be subject to alternative compliance per Section 405.2850(B).
1. 
Exception. Alternative compliance may be pursued for Consumer Emphasis Area use requirements.
Table 4. Permitted and Conditional Uses
Categories/Uses
"M-1"
"M-2"
"M-3"
"S-1"
"CEA"
Auto-Oriented
Auto repair and maintenance
C
C
C
Automobile agency
C
C
C
Automobile dealer
C
C
Car wash
C
C
C
Drive-through establishments for financial institutions or pharmacies
C
C
C
*
Off-street parking facility
P
P
P
P
Service station
C
C
Food and Beverage
Bakery (limited to the processing of bakery goods for sale only on the premises and consumption off the premises)
P
P
P
P
X
Banquet or event space
C
C
C
Bar/tavern
C
C
C
X
Caterer
C
C
C
Microbrewery with public serving area
C
C
C
X
Restaurant
C
C
C
C
X
Wine bar
C
C
C
C
X
Lodging/Residential
Hotel and motel (except Casino Hotels)
C
C
C
Mixed use buildings including the use of a portion of the building for residential occupancy
P
P
P
*
Residential - multi-family dwelling
P
*
Short-term rental dwelling
C
Office, Business and Professional Service
*
Amateur radio, home antennas and associated equipment
P
P
P
P
Financial institution
P
P
P
P
Funeral home and funeral services
C
C
P
Offices — business or professional
P
P
P
P
Personal Care Service
Academy
C
P
P
P
X
Health club
C
C
C
Personal care service
P
P
P
P
X
Schools for business, professional and technical training, but not including outdoor areas for driving or heavy equipment training
C
C
Retail
Art gallery or studio
P
P
P
P
X
Package liquor store
C
C
C
C
Grocery store
C
C
C
C
Convenience retailers not exceeding 5,000 square feet
C
C
C
C
X
Nursery or greenhouse
C
C
C
P
Retail establishment
P
P
*
Retail smoking establishment
P
P
Entertainment
*
Entertainment venue
C
C
C
X
Theaters, both live performance and movies.
C
C
C
X
Industrial
Research or testing laboratory
P
Mixed use buildings including a portion of the building for rental storage
C
C
P
Marijuana Related
*
Marijuana cultivation facility entirely within an enclosed building
C
C
*
Marijuana dispensary facility
C
C
C
*
Marijuana testing facility
C
C
C
*
Marijuana-infused products manufacturing facility
C
C
Public, Institutional, Civic
Child care service
C
C
C
C
Educational service
C
C
C
C
Institution
P
P
P
P
Place of worship
C
C
C
C
Private club or lodge
C
C
C
C
Public administration
P
P
P
P
Public interest sign
C
C
C
Public recreation building or structure or grounds
P
P
P
Healthcare
*
Drug rehabilitation facility
C
General medical and surgical hospital
C
C
C
Nursing and residential care facility
C
C
C
Outpatient medical service or clinic
P
P
P
C
Pharmacy
C
C
C
C
Veterinary hospital or clinic
C
C
C
C
Utility
*
Facilities
P
P
P
P
*
Kiosk
P
P
P
P
Radio and television broadcasting and wireless communications equipment manufacturing
P
P
P
P
*
Solar energy systems, building-mounted
P
P
P
P
*
Solar energy systems, ground-mounted
C
C
C
P
Telecommunications
P
P
P
P
Utility, utility station or substation
C
C
C
P
*
Wind energy systems, building-mounted
C
C
C
P
Other
*
Adult use
C
C. 
Use Determinations And Unlisted Uses.
1. 
Determination Of Appropriate Use Category And Use Type.
a. 
The Director of Planning and Development Services shall make the determination whether a proposed use is a permitted use, a conditional use, or a prohibited use.
2. 
When a proposed land use is not listed in Table 4. Permitted and Conditional Uses, the use is prohibited unless the Director of Planning and Development Services determines that the use is reasonably comparable to a use that is already listed, having similar functional characteristics and impacts.
a. 
In making such determination, the Director may consider information on the use available from third-party land use resources, such as the North American Industry Classification System (NAICS).
b. 
The Director shall also determine whether additional use-specific standards are necessary to reduce potential impacts on the surrounding properties or the community.
3. 
The Director shall send a written notification of the use category and use type determination to the applicant.
4. 
The use determination shall become effective immediately.
5. 
The decision of the Director shall not be subject to Alternative Compliance per Section 405.2850(B).
D. 
Consumer Emphasis Areas.
1. 
Purpose. The purpose of Consumer Emphasis Areas "CEA" is to promote active, well-designed ground-floor spaces that attract visitors with appropriately scaled buildings, enhanced pedestrian environments, and co-location of consumer uses along corridors and intersections to create high activity areas.
2. 
Primary "CEA" Streets shall have consumer emphasis uses, as identified in Table 4. Permitted and Conditional Uses, comprise fifty percent (50%) or more of the building frontage at ground level.
a. 
Consumer emphasis uses shall have a unit frontage width of no less than twenty (20) feet and a width-to-depth ratio of 1:3.
b. 
Other permitted uses may be located on the ground floor, but may not be counted towards the frontage emphasis requirement.
3. 
Secondary "CEA" Streets shall have mixed-use first floor featuring one (1) or more consumer emphasis uses without a minimum size requirement.
4. 
Residential amenities and spaces intended solely for residents, such as lobbies, leasing offices, or fitness rooms, shall not satisfy a consumer use requirement.
E. 
Additional Use Regulations.
1. 
Some uses, designated with an "*" in Table 4, have additional regulations and/or qualifications that need to be met.
a. 
Adult uses shall not be located within two hundred (200) feet of a school, place of worship, or other existing adult use.
b. 
Amateur radio, home antennas and associated equipment are subject to Chapter 405, Article XXVI.
c. 
Drug rehabilitation facilities are subject to Section 405.270.
d. 
Entertainment venues are subject to Section 405.340.
e. 
Facilities are subject to Chapter 405, Article XXVII.
f. 
Kiosks are subject to the provisions of Section 405.310.
g. 
Marijuana cultivation facility entirely within an enclosed building, marijuana dispensary facility, marijuana testing facility, marijuana-infused products manufacturing facility are subject to Section 405.350.
h. 
Off-Street Parking Facility.
(1) 
In the "M-2" and "M-3" Districts, parking shall not be the only use of a lot, unless attached to or under joint ownership with an adjacent property providing for another use as allowed in the "M-2" or "M-3" District to create a mixed-use development. Exception, government may construct public parking facilities as the single use of a lot.
i. 
Residential — Multi-Family Dwelling. A minimum of one hundred twenty (120) units per acre is required for single-use residential structures in the "M-3" District.
(1) 
Exception. To support continued use and preservation of existing buildings, conversion of non-residential use structures to residential uses shall not be subject to a minimum unit density.
j. 
Retail smoking establishments are subject to Section 405.380.
k. 
Short-term rental dwellings are subject to Section 405.370.
l. 
Solar energy systems and wind energy systems are subject to Chapter 405, Article XXVIII.
[Ord. No. 6979, 12-9-2025]
A. 
Purpose. The purpose of these architectural guidelines is to ensure that development in the mixed-use district fosters a visually engaging, dynamic, and pedestrian-oriented urban environment that supports active, mixed-use streetscapes.
B. 
The following guidelines shall be applied by the City's Plan Commission and Architectural Review Board for development proposals located in the "M-1," "M-2," and "M-3" Districts:
1. 
Facades And Elevations.
a. 
Street-facing facades should include windows and design features that create visual interest and support a pedestrian-friendly environment.
b. 
Party wall development should be encouraged to ensure a continuous building facade.
c. 
Building elevations should incorporate facade relief to avoid long, uninterrupted walls or openings. Blank walls, extensive glass walls, and long, small, or otherwise unbalanced show windows should be avoided.
d. 
Street facing, ground level residential units should have direct street access.
e. 
Street facing, ground floor elevations should be storefront architecture with large show windows interrupted at regular intervals with building piers and generous entrances.
f. 
Architectural details such as belt courses or incorporation of accent material patterns, are encouraged along street frontages to create visual interest and ground buildings at a pedestrian scale.
g. 
To minimize visibility, street-facing facades of parking structures should be designed to conceal the garage from view and provide visual interest. The upper story should be of design material and color compatible with the urban setting.
h. 
For mixed-use structures, the placement of retail, restaurant, personal care, and entertainment uses should be collocated with adjacent, similar uses, or should make use of prominent locations such as street corners.
i. 
For single-use structures a main entrance shall be prominently located along the street frontage and should be located on a corner when property is located at an intersection.
2. 
Tower Placement And Design.
a. 
Limit Tower Floor Plate Dimensions. Reduced tower floor plates limit shadows on the public realm and allow access to sky view while also improving the quality of the building's indoor environment.
b. 
Vary Tower Geometry. Varied geometry adds visual interest and helps to reduce the perceived bulk of upper floors.
c. 
Vary Tower Heights. Variation in building height can reduce the imposing massing of several large structures built adjacent to each.
d. 
Modulate And Articulate Facades. Shifts in massing to allow for upper floor terraces, green roofs, and balconies; changes in facade planes; and varied fins, frames and mullions to add depth to glass facades.
e. 
Vary Tower Placement And Orientation. Variation in tower placement and orientation can increase perceived separation between towers.
f. 
Limit Apparent Face. The apparent face is the length of a facade plane that is unbroken by vertical changes in depth. Limiting this length reduces the perceived bulk of a long building facade.
3. 
Windows And Storefronts.
a. 
Window openings should be incorporated into all building elevations.
b. 
Bay and oriel windows are encouraged above the first floor.
c. 
The street facades of the storefronts shall be wrapped around corners at alleys or other building breaks for a minimum of twenty (20) feet of the alley of building break facade, as measured from the corner.
4. 
Roofs And Cornices.
a. 
Building skylines should provide interest through introduction of compatible shapes and roof forms.
b. 
Long uninterrupted cornices or parapets should be avoided.
c. 
Roofs should make use of activation, sustainable infrastructure, articulation, crowns, stepbacks, spires, architectural lighting, or other similar elements to add interest.
5. 
Materials.
a. 
Exterior material choices should complement materials found on existing structures in the immediate area and, where applicable, the historic context of the area.
b. 
Sturdy primary materials such as brick and stone are preferred and should be utilized as the primary materials along street frontages.
6. 
Consumer Emphasis Areas.
a. 
Retail, restaurant, personal care, and entertainment units shall be serviced from the rear of the building (for deliveries, trash, and other services) and shall have necessary mechanical, electrical, and plumbing (MEP) building services.
b. 
Entrances to units shall be provided at an interval of twenty (20) feet to forty (40) feet.
c. 
Seventy-five percent (75%) of ground floor frontage area shall be fenestrated with windows and/or doors; the area shall be calculated by multiplying the length of the ground floor facade by the height of the ground floor facade.
d. 
Where larger restaurants and entertainment units are planned, they should make use of fully operational, glazed, wall-size doors that can be opened to the sidewalk.
e. 
No more than twenty percent (20%) of a window may be covered unless approved by the Architectural Review Board. Window signage shall be included when calculating the sum of window coverage.
[Ord. No. 6979, 12-9-2025]
A. 
Purpose. The following site design guidelines shall be applied by the City's Plan Commission and Architectural Review Board for review of development proposals to ensure that development creates a safe, attractive, and pedestrian-friendly environment, guiding the placement of parking, building orientation, and site features to support active streetscapes, enhance the public realm, and maintain a cohesive urban character.
B. 
The following standards are applicable to property in the "M-1," "M-2," and "M-3" Districts, unless otherwise noted.
1. 
Buildings shall be sited and oriented toward the primary street frontage to create a welcoming and engaging streetscape for pedestrians.
2. 
Buildings should be oriented square to the roadway and shaped to reinforce the urban setting. Odd or irregular footprints that compete with the street grid should be avoided.
3. 
Active programming of plazas, patios, or similar spaces along street frontages is encouraged.
a. 
Restaurants may offer customer seating and food service upon receipt or renewal of the annual outdoor dining permit.
4. 
Vehicle circulation and loading or service areas shall be oriented to and accessed from an alley where available. No vehicle access shall be provided within sixty (60) feet of a street corner.
5. 
Parking shall be located within the City block interior, buffered by active use along most of the primary street frontage. Surface parking shall not be in a front yard or abutting any sidewalk.
a. 
Surface parking is permitted in a front yard in the "M-1" and "M-2" Districts on properties fronting Clayton Road, west of the intersection with Concordia Lane, under the following restrictions.
(1) 
Parking lots shall be set back at least four (4) feet from the front property line and shall be screened with either fencing or plantings. Screening shall be at least three (3) feet in height.
(2) 
No more than fifty percent (50%) of the lot's frontage along Clayton Road may be occupied by parking spaces, drive aisles, and access points. For corner lots, this limitation applies only to the Clayton Road frontage. Parking may occupy a greater portion of the side street frontage.
6. 
Pumps and pump islands for retail gasoline service stations may project or be located in the required front yard, provided they are at least fourteen (14) feet from any street line and at least fifty (50) feet from the boundary of a residential district.
[Ord. No. 6979, 12-9-2025]
A. 
Purpose. In addition to sustainable guidelines referenced elsewhere in this Code or other Codes adopted by the City of Clayton, the following guidelines shall be applied by the City's Plan Commission and Architectural Review Board during review of development proposals in the "M-1," "M-2," "M-3," and "S-1" Districts. Their purpose is to ensure that development incorporates and reflects the sustainability goals and priorities of the City related to energy consumption, greenhouse gas emissions, urban heat island effects, tree canopy and greenspace access, stormwater runoff and a livable-walkable community.
B. 
Efforts shall be made to utilize on-site renewable energy sources such as solar and wind power.
C. 
Developments should incorporate best management practices for stormwater, grading, and drainage facilities such as inclusion of green or blue roofs, planted bioswales or bioretention areas and rain gardens.
D. 
Developments should incorporate best practices for exterior glazing and lighting design to limit light pollution and to protect migratory birds.
E. 
Native species of plants, flowers, shrubs, and trees shall be used for the majority of plantings.
F. 
New buildings measuring fifty thousand (50,000) gross square feet or greater shall be designed to meet the prevailing standards for LEED Silver. A similar or equivalent standard to that of LEED may be approved by the Plan Commission. Full certification is not required, however, evidence of preliminary design compliance shall be provided.