The B-3 General Business District is designed to provide sites
for more diversified business types and is often located so as to
serve passerby traffic. The General Business District is thus typically
mapped along major traffic arteries and/or adjacent to the Community
Business Districts.
The following regulations shall apply to all B-3 Districts,
and no building, structure, or premises, except as otherwise provided
in this chapter, shall be erected, altered, or used except for one
or more of the following specified uses:
A.
Any principal permitted retail business or service establishment
in the B-2 Districts.
B.
Mortuary establishments, when adequate assembly area is provided as set forth in § 370-76A of this chapter, off-street parking for vehicles to be used in a funeral procession, and provided further that such assembly area shall be provided in addition to any required off-street parking area. A caretaker's or proprietor's residence may be provided within the main building of mortuary establishments.
C.
Motor vehicle car wash, when completely enclosed in a building.
D.
Bus passenger stations.
E.
New and used car salesroom, showroom or office.
F.
Governmental office or other governmental use; public utility offices,
exchanges, transformer stations, pump stations and service yards,
but not including outdoor storage.
G.
Dining, drinking, and reception facilities:
[Added 2-26-2019 by Ord.
No. 1308[1]]
(1)
Restaurants, including those with carry-out, and fast food sit-down
without drive-through. (Accessory lounges are permitted.)
(2)
Banquet halls.
[1]
Editor's Note: This ordinance also redesignated former Subsection
G as Subsection H.
H.
Other structures and uses customarily incidental to the above permitted
uses.
The following uses shall be permitted subject to the conditions
hereinafter imposed for each use and subject further to the review
and approval of the Building Department or Planning Commission.
A.
Any conditional use permitted in the B-2 District, subject to the
conditions specifically set forth for the use.
B.
Outdoor sales space for the exclusive sale, lease or rental of new
or used automobiles, house trailers, boats, or trailers, subject to
the following:
[Amended 7-23-2013 by Ord. No. 1263]
(1)
The lot or area shall be provided with a permanent, durable, and
dustless surface, and shall be graded and drained so as to dispose
of all surface water accumulated within the area.
(2)
Ingress and egress to the outdoor sales area shall be at least 60
feet from the intersection of any two streets.
(3)
No major vehicle repair, as defined in this chapter, shall be done
on the lot.
(4)
All exterior site lighting shall be subject to the applicable requirements of § 370-102 of this chapter.
(5)
Elevated display stands of vehicles are prohibited.
(6)
The
minimum lot frontage requirement of a parcel for outdoor sales space
for the exclusive sale, lease, or rental of new or used automobiles,
house trailers, boats, or trailers shall be 100 feet.
(7)
A
minimum eight-foot-wide landscape area shall be provided between the
sidewalk or property line, whichever is greater, and the parking or
display area of the vehicles.
(8)
All
parking and display spaces shall have a raised curb or parking block
located to prevent cars from parking on the lawn panel, grass, etc.
Parking blocks shall be 72 inches long, eight feet wide and five inches
tall.
(9)
No
vehicles shall be parked or displayed in the setback.
(10)
No more than two such uses shall be permitted within 400 feet of
each other.
C.
Motel, subject to the following conditions:
(1)
Ingress and egress shall be provided so as not to conflict with the
adjacent business uses or adversely affect traffic flow on a major
thoroughfare.
(2)
Each unit shall contain not less than 200 square feet of floor area.
(3)
No guest shall establish permanent residence at a motel for more
than 30 days within any calendar year.
D.
Dining, drinking, and reception facilities:
[Amended 2-26-2019 by Ord. No. 1308]
(1)
Bars, taverns, lounges, breweries, and distilleries.
(2)
Restaurants with a liquor license, drive-in or drive-through, meeting
the following standards:
(a)
A setback of at least 60 feet from the right-of-way line of
any existing or proposed street must be maintained;
(b)
Ingress and egress points shall be located at least 60 feet
from the intersection of any two streets;
(c)
All lighting shall be shielded from adjacent residential districts;
(d)
A completely obscuring architectural masonry screen wall as required in Article XXII of this chapter shall be provided when abutting or adjacent to R, OS, B-1, B-2 or B-3 Districts. For OS, B-1, B-2, B-3 Districts, the applicant can submit evidence to demonstrate that a waiver of the screen wall does not result in any unnecessary hardship on surrounding properties and businesses. The Plan Commission may approve such waiver upon finding that such waiver does not result in any unnecessary hardship of surrounding properties and businesses.
E.
Veterinary hospitals or clinics, provided all activities, including
the boarding of pets, is conducted within a totally enclosed main
building, and provided further that all abutting or adjacent property
is within OS, B-1, B-2, B-3, I-1 or 1-2 Districts.
F.
Motor vehicle service station, as defined in this chapter, subject
to the following conditions:
(1)
The curb cuts for ingress and egress to a service station shall not
be permitted at such locations that will tend to create traffic hazards
in the streets immediately adjacent thereto. Entrances shall be no
less than 25 feet from a street intersection (measured from the road
right-of-way) or from adjacent residential districts.
(2)
Minimum lot area.
(a)
The minimum lot area shall be 15,000 square feet, and so arranged
that ample space is available for motor vehicles that are required
to wait.
(b)
Automobile service stations which are intended solely for the sale
of gasoline, oil and minor accessories, and having no facilities for
repair or servicing of automobiles (including lubricating facilities)
or any accessory retail adjunct, may be permitted on lots of 10,000
square feet, subject to all other provisions herein required.
(3)
All lighting shall be shielded from adjacent residential districts.
G.
Residential occupancy of commercial buildings of two stories or greater
may be permitted, provided the following conditions are met.
(1)
No dwelling shall occupy any part of a commercial building at grade
level,
(2)
A business use may occupy any number of total floors, but no business
shall be located on the same floor as a residential dwelling unit
and no floor may be used for a business purpose which is located above
a floor occupied by a residential dwelling.
(3)
No such dwelling unit shall exceed a maximum of two bedrooms and
shall meet all other applicable City codes, including building and
fire codes.
H.
Motor vehicle repair shops (general), as defined in this chapter,
subject to the following conditions:
(1)
Vehicles awaiting same-day repair may be parked in any required yard.
(2)
All outdoor storage, including vehicles requiring more than same-day repair, shall be stored in an interior side yard or rear yard area behind an architectural masonry screen wall as set forth and regulated in Article XXII of this chapter.
(3)
All repair work shall be performed inside an enclosed building.
(4)
The outdoor storage of used automobile parts or partially disassembled
automobiles, for the purposes of salvaging usable parts and/or sale
to automotive wrecking yards, shall be expressly prohibited.
I.
Self-storage facilities, subject to the following conditions.
(1)
All access to the facility will be from a major thoroughfare as designated
on the City's Master Plan For Future Land Use Map, as amended.
(2)
Except as otherwise permitted in this subsection, access to all storage
spaces shall be from the interior of a building only, there being
no direct outside access to any such storage space permitted.
(3)
When placed in conjunction with any loading and unloading area at
the rear of the building, direct outside access to storage spaces
may be permitted along the rear wall of the building and along not
more than the rear 75% of one interior side wall of the building,
provided the sidewall abuts a commercial or industrial district.
(4)
An office area and a manager's or security person's living quarters
may be provided in the storage building or in a separate building
on the property. Any such living quarters shall meet the minimum applicable
floor area requirements of this chapter for a multiple-family dwelling.
An attached or detached private garage may be provided in conjunction
with the living quarters for the sole use of its occupant(s). If so
provided, the garage shall not be made available for customer storage.
(5)
Except for trash receptacles, no outdoor storage of any kind shall
be permitted either as the principal use or as an use accessory to
the principal use.
J.
Massage parlors. Massage parlors, as defined in Chapter 193 of the Roseville Code, and amendments thereto, shall only be permitted in the B-3 District, subject further to the following requirements and conditions:
(1)
An application to establish the use permitted in this section shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI of this chapter. In conducting its review, the Planning Commission shall apply the following requirements.
(a)
The site shall not be contiguous to a One-Family Residential
District.
(b)
The site shall be so located as to abut a major thoroughfare
right-of-way, and all ingress-egress to the site shall be directly
from said major thoroughfare.
(c)
Off-street parking shall be provided at a ratio of one space
per 15 square feet of usable floor area in the waiting room, lobby
or similar use area, plus one space per massage table or bench, plus
one space per employee.
K.
Sexually oriented businesses:
(1)
It has been demonstrated that the establishment of adult businesses
in business districts which are immediately adjacent to and which
serve residential neighborhoods has a deleterious effect on both business
and residential segments of the neighborhood, causing blight and a
downgrading of property values. A prohibition against the establishment
of more than two regulated uses within 1,000 feet of each other serves
to avoid the clustering of certain businesses, which, when located
in close proximity to each other, tend to create a skid row atmosphere.
However, such prohibition fails to avoid the deleterious effects of
blight and devaluation of both business and residential property values
resulting from the establishment of adult bookstores, adult motion-picture
theaters and adult mini motion-picture theaters in a business district
which is immediately adjacent to and which serves residential neighborhoods.
The concern for and pride in the orderly planning and development
of a neighborhood should be encouraged and fostered in those persons
who comprise the business and residential segments of that neighborhood.
The Roseville Planning Commission should be guided by the expressed
will of those businesses and residents which are immediately adjacent
to the proposed location of, and therefore most affected by the existence
of, any adult bookstore, adult motion-picture theater and adult mini
motion-picture theater.
(2)
An adult bookstore is an establishment having, as a substantial or
significant portion of its stock-in-trade, books, magazines and other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas (as defined in this chapter), or an
establishment with a segment or section devoted to the sale or display
of such material. An adult motion-picture theater is an enclosed building
with a capacity of 50 or more persons used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas (as defined in this chapter) for observation by patrons
therein. An adult mini motion-picture theater is an enclosed building
with a capacity for less than 50 persons used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas (as defined in this chapter), for observation by
patrons therein.
(3)
Adult bookstores, adult motion-picture theaters, and adult mini motion-picture
theaters, as defined in this chapter, shall only be permitted in the
B-3 District, subject to the following requirements and conditions:
(a)
An application to establish any use permitted in this section
shall be subject to review and approval by the Planning Commission.
A site plan shall be submitted for review and shall be prepared in
accordance with the applicable requirements of Article 21 of this
chapter. In conducting its review the Planning Commission shall apply
the following conditions.
[1]
Not more than two such uses shall be permitted within 1,000
feet of each other.
[2]
It shall be unlawful to establish any such uses in a B-3 District
if the proposed location is within 500 feet of a residentially zoned
district unless the prohibition is waived upon the presentment of
the Roseville Planning Commission of a validated petition requesting
such waiver, signed by 51% of those persons owning, residing or doing
business within 500 feet of the proposed location.
[3]
The site shall abut a major thoroughfare right-of-way, and all
ingress-egress to and from the site shall be directly via that major
thoroughfare.
L.
Dependent adult housing, as defined in this chapter, not to exceed
a height of two stories, when the following conditions are met:
[Added 1-8-2008 by Ord. No. 1210]
(1)
The site shall be so developed as to create a land-to-building ratio
on the lot or parcel whereby for each one bed in the facility there
shall be provided not less than 150 square feet of land area per bed
which shall provide for a landscaped setting, off-street parking,
service drives, loading space, yard requirements, employee facilities,
and space required for accessory uses. The one-hundred-fifty-square-foot
requirement is over and above the building coverage area.
(2)
No building shall be closer than 40 feet from any property line.
(3)
Such uses shall be located on a major or secondary thoroughfare as
identified in the City's Master Plan.
M.
Outdoor
cafes are allowed in accordance with the following regulations:
[Added 1-14-2014 by Ord. No. 1265]
(1)
An
outdoor cafe may be set up and used from March 15 through October
31. The permitted hours of operation are from 10:00 a.m. to 12:00
midnight in B-3 Business Districts unless longer hours are specifically
approved by the Planning Commission and the City Council. Noise radiating
from an outdoor café which exceeds 50 DBA between 8:00 p.m.
and 12:00 midnight, or other approved hours, or 55 DBA between 7:00
a.m. and 8:00 p.m. shall constitute prima facie evidence that such
noise unreasonably disturbs the comfort, quiet and repose of persons
in the area. The "DBA" represents the sound pressure level in decibel
measured on the "A" scale of a standard sound level meter. Noise level
measurements shall be taken at the zoning district boundary of any
residential zoning district, recreation unit district and any planned
development as may be appropriate. In all other districts, noise level
measurements shall be taken at the property line of an affected property.
The City Council may, by resolution, extend the dates of operation
or the hours of operation for a stipulated number of days, not to
exceed a total of 30 days per calendar year.
(2)
A
site drawing showing the detailed plan of the outdoor cafe must be
submitted to and approved by the Planning Commission. The detailed
plan is to include the design, relevant details and location of all
temporary structures such as awnings, planters, landscaping, railing,
tables, chairs and other equipment, as well as lighting and electrical
outlet locations. The layout shall show all seating, tables and chairs
and shall be used to determine maximum occupancy load for the outdoor
cafe. The occupancy load shall be posted in a conspicuous location.
(3)
Outdoor
cafes, including any canopy or cover associated with such a cafe,
shall be permitted within the required setback.
(4)
Outdoor
cafes within the required setback shall not be enclosed, except as
specified elsewhere in the ordinance.
(5)
Outdoor
cafes shall be exempt from any parking requirement if they have less
than thirty seats. Outdoor cafe seating areas that have more than
thirty seats shall provide one space for each three outdoor seats
provided above thirty seats.
(6)
If
alcohol is being served, it will include a fence, subject to approval
of the Planning Commission.
(7)
No
food and beverage preparation would occur in the outdoor cafe. All
food and beverage preparation will incur inside the building housing
the principal use and brought to the customer or carried by the customer
to the outdoor cafe.
(8)
All
fixtures associated with an outdoor cafe must be portable and related,
as well as limited to food service (e.g. tables, chairs, serving trays).
Furnishings of an outdoor cafe shall consist solely of readily removable
awnings, covers, canopies, railings, tables, chairs, planters containing
plants and accessories. Furnishings may not be attached, even in a
temporary manner, to the sidewalk or other public property, except
that canopies and railings, if specifically approved by the Planning
Commission and the City Council, may be secured by means of flush-mounted
anchors or other methods approved by the Building Director. No objects
which are part of an outdoor cafe, except lighting fixtures, railings,
awnings, or other nonpermanent covers or canopies, may be attached,
even in a temporary manner, to any building or structure on which
the outdoor cafe abuts.
(9)
The
outdoor cafe must be part of a licensed restaurant and meet all the
requirements of the Department of Health and any other local, county
or state requirements, including the Michigan Liquor Control Commission
(if applicable).
(10)
Outdoor cafes are typically located immediately adjacent to the building
housing the principal use.
(11)
Outdoor cafes do not have to be removed daily or on any regular schedule.
(12)
Outdoor cafes can have heating as long as they are not enclosed and
the heating can be removed.
(13)
No signs or any other forms of advertising are permitted in the outdoor
dining area with the exception of an identification or menu sign.
The name of the establishment may appear on the valance of an umbrella.
(14)
Plans for setting up the outdoor cafe must be approved by the Building
Department to provide for the free passage of pedestrians along the
sidewalks, by the Police Department to provide for traffic and pedestrian
safety, and by the Fire Department for firesafety issues. If alcohol
is served, entrance to the outdoor cafe is required to be from inside
the building. An outdoor cafe which is adjacent to residential properties
or shares an alley with residential properties shall be screened with
a solid fence a minimum of six feet high.
N.
Internet
cafes.
[Added 1-14-2014 by Ord. No. 1265]
O.
Dog day
care, dog grooming or other dog service establishments, with no boarding
or overnight stay, subject to the following conditions:
[Added 1-14-2014 by Ord. No. 1265]
(1)
Overnight
stay of animals shall be prohibited.
(3)
Each
grooming facility shall be equipped with at least a bath tub, a grooming
table, hot and cold running water, a drier, clippers, combs, brushes,
and shears. All equipment must be sterilized after each use and kept
in sanitary condition.
(4)
Dogs
shall be securely confined. Dogs shall not be allowed to wander at
large.
(5)
Facilities
that keep dogs for grooming for longer than four hours must have an
indoor or outdoor dog exercise area. The exercise area must measure
at least three feet by eight feet, with a covered top.
(6)
Interior
building surfaces, including walls, ceilings, and floors shall be
constructed so as to be water resistant and capable of being readily
cleaned and maintained.
(7)
Readily
accessible washrooms or sinks shall be provided, convenient to all
work areas, to ensure maintenance of personal hygiene by dog caretakers.
A sink in good repair shall be provided for washing and sanitizing
equipment and utensils. Single-service soap and towel dispensers must
be available at all hand-washing sinks.
(8)
All
facilities shall be adequately ventilated with fresh or filtered air
to minimize drafts, odors and moisture condensation and to provide
for the health and comfort of the animals at all times. Ventilation
shall be provided by either natural or mechanical means. The necessary
equipment or comparable means shall be provided to exhaust the air
from the dog area to outside of the building.
(9)
The
groomer must keep the grooming area, and exercise area, if necessary,
disinfected, clean, and sanitary at all times.
(10)
Dog waste areas, either indoor or outdoor, shall be constructed of
a hard surface that is easily cleaned. Such areas shall be connected
to a sanitary system.
(11)
All dog grooming facilities shall have drying cages, which shall
be:
(12)
Outdoor areas where animals will be allowed shall:
(a)
Not be within 300 feet of a residential district;
(b)
Be permitted only in the rear and side yards;
(c)
Be set back a minimum of 20 feet from the property line and landscaped
with one canopy tree, one evergreen tree and four shrubs per each
30 linear feet along the property line, rounded upward; and
(13)
Hours of operation shall start no earlier than 6:00 a.m. and shall
be closed no later than 10:00 p.m. All animals shall be kept indoors
from 6:00 a.m. until 8:00 a.m. and from 8:00 p.m. to 10:00 p.m.
(14)
A written statement of operating procedures must be submitted, such
as those recommended by the Pet Care Services Association or the American
Kennel Club. The procedures, which are to be followed for the life
of the business, must address, at a minimum, the following items:
(a)
Identification and correction of dog behavior that impacts surrounding
uses, including excessive noise (barking);
(b)
The time interval anticipated for waste removal and method of cleanup;
(c)
Identification of the hours of operation and timing of shift changes,
if applicable;
(d)
Indication of staffing levels during all shifts and the qualifications
of each staff member; and
(e)
Membership in the Voluntary Facilities Accreditation program via
the Pet Care Services Association is strongly encouraged.
P.
To encourage and provide for land use diversity and to promote economic vitality, residential occupancy shall be permitted in buildings of two stories in height or greater located along Gratiot Avenue south of Maryland Street, on Utica from Gratiot to 12 Mile Road (including parcels fronting both sides of 12 Mile Road), and on 10 Mile Road. In buildings used for the mixing of business and residential occupancy, the following shall be subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission at a duly advertised public hearing in accordance with § 370-87:
[Added 1-14-2014 by Ord. No. 1265]
(1)
No
dwelling unit shall occupy any portion of the floor area of the building
at grade level.
(2)
Business
uses may occupy any number of total floors in the building, but no
business shall be located on the same floor as a residential use.
(3)
No
floor in the building may be used for business purposes that is located
above a floor used for residential purposes.
(4)
No
dwelling unit shall have more than two bedrooms.
A.
All business establishments shall be retail or service establishments
dealing directly with consumers. All goods provided on the premises
shall be sold at retail on the premises where produced.
B.
All business, servicing or processing, except for off-street parking; loading and those open-air uses indicated as being subject to special conditions in § 370-41 above, shall be conducted within completely enclosed buildings.
C.
Except as permitted in § 370-41 above, the outdoor storage of goods or materials of any kind shall be expressly prohibited.
D.
See Article XVIII, Schedule of Regulations; District Options, limiting the height and bulk of buildings, the minimum size of a lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.
E.
In the area noted on the Future Land Use Map as Town Center Overlay
District, all businesses identified as commercial or quasi public
shall have entrances that face the street/sidewalk.
[Added 1-14-2014 by Ord. No. 1265[1]]
