City of Royal Oak, MI Article V Special Provisions

§ 770-49 Intent.

In addition to the permitted compatible uses contained in this chapter, there are certain other uses which may be desirable to permit in certain zone districts. However, due to their potential impact on neighboring land uses there is a need to regulate them with respect to their use, design and location. Additional conditions which may be imposed by the Plan Commission shall be designed to protect natural resources; the health, safety and welfare as well as the social and economic well being of those who will use the land use or activity under consideration; residents and landowners immediately adjacent to the proposed land use and the community as a whole. It is the intent of this article to provide the regulations necessary to address such uses and provide the Plan Commission with a set of standards upon which to make its decision.

§ 770-50 Cemeteries.

A. The Plan Commission as part of site plan review shall determine that the lot area and frontage is adequate to support the operation in compliance with all ordinance requirements. Consideration shall be given to the arrangement of an assembly area and off-street parking.

B. The proposed site shall have at least one property line abutting a major thoroughfare or collector street, and all access to and egress from the site shall be by such thoroughfare or street.

C. Points of ingress and egress for the site shall be laid out as to minimize possible conflicts between traffic on adjacent major thoroughfares and adjacent land uses.

D. A caretaker's residence may be provided within the main building of the mortuary establishment.

E. The minimum yard setback for all structures, burial plots, drives and parking areas shall be no less than 25 feet from any public road right-of-way or property line, except when located adjacent to residentially zoned property when a minimum setback of 50 feet is required.

F. Delivery areas and outdoor storage of equipment shall be screened in accordance with Article VI, Landscaping and Screening Design Standards.

G. Buildings shall not exceed 30 feet in height.

§ 770-51 Community centers.

A. The Plan Commission as part of site plan review shall determine that the lot area and frontage is adequate to support the operation in compliance with all ordinance requirements. Consideration shall be given to the arrangement of outdoor recreation areas, off-street parking and dropoff and pickup drives.

B. The proposed site shall have at least one property line abutting a major thoroughfare or collector street, and all access to and egress from the site shall be by such thoroughfare or street.

C. Points of ingress and egress for the site shall be so designed to minimize possible conflicts between traffic on adjacent major thoroughfares and adjacent land uses.

D. Any and all recreation equipment, including play structures, batting cages, sporting fields, etc., shall be setback a minimum of 50 feet and effectively screened from any residential zoned property.

§ 770-52 Alcoholic beverages. [1]

[Amended 4-21-2014 by Ord. No. 2014-04; 1-23-2023 by Ord. No. 2022-08][2]

A. Sale of packaged alcoholic beverages. All establishments selling packaged alcoholic beverages shall require special land use approval, subject to § 770-11, Special land uses; permit procedures, even if such establishments are a permitted use in a given zoning district.

B. Dispensing alcoholic beverages for consumption on the premises.

(1) All establishments dispensing, or seeking to dispense, alcoholic beverages for consumption on the premises for which the City Commission has not approved a plan of operation, such as, but not limited to, restaurants, bars, lounges, theaters, clubs or lodges and recreation centers, shall require special land use approval, subject to the requirements of § 770-11, Special land uses; permit procedures, even if such establishments are a permitted use in a given zoning district, provided the final determination of approval, approval with conditions, or denial shall be made by the City Commission following a recommendation from the Planning Commission.

(2) No establishment dispensing, or seeking to dispense, alcoholic beverages for consumption on the premises shall be granted special land use approval unless the City Commission determines that it would not be detrimental to the neighborhood as based upon the following criteria:

(a) The establishment is designed and constructed to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(b) The establishment will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future.

(3) Applicable licenses with the State of Michigan shall be maintained.

(4) The City Commission may impose such reasonable conditions and safeguards it deems necessary to protect the public health, safety and general welfare from excessive noises, traffic, obnoxious and unhealthy odors, and any detrimental effects from the general operation of the establishment, and to minimize any adverse effect on the character of the surrounding area.

(5) Deviations from applicable setback, parking, and other requirements may be granted by the City Commission, provided there are features or elements demonstrated by an applicant and deemed adequate by the City Commission upon the recommendation of the Planning Commission that are designed into the site plan for purpose of achieving the objectives of this chapter.

C. Expansion and/or alteration of existing establishments. For an expansion to and/or alteration of an existing liquor licensed establishment subject to § 770-12, Site plan review, the Planning Commission may approve such expansion and/or alteration pending approval of a revised plan of operation by the City Commission. For an expansion to and/or alteration subject to § 770-12D, Administrative review for site plans involving minor modifications, the Zoning Administrator may approve such expansion and/or alteration pending approval of a revised plan of operation by the City Commission.

[1] Editor's Note: See also Ch. 430, Liquor.

[2] Editor's Note: This ordinance also renamed the section title from "Sale of alcoholic beverages" to "Alcoholic beverages."

§ 770-52.1 Marihuana establishments.

[Added 7-27-2020 by Ord. No. 2020-07]

A. Purpose and intent. It is the general purpose and intent of the City to authorize marihuana establishments in a manner that will ensure compatibility with adjacent land uses, maintain the integrity of neighborhoods, and retain the character, property values and aesthetic quality of the community at large. Regulation of the locations of these uses is necessary to ensure that any negative secondary impacts that such businesses may have will not cause or contribute to the blighting or downgrading of the City's residential neighborhoods, community uses which support a residential environment, and commercial centers. The regulations in this section are for the purpose of locating these uses in areas where the adverse impacts of their operations may be minimized by the separation of such uses from one another and from schools. It is neither the intent nor effect of this section to deny the medical use of marihuana as defined by and in accordance with the Michigan Medical Marihuana Act (MCLA 333.26421 et seq.), as amended.

B. General standards. These provisions are intended to allow marihuana establishments within appropriately zoned properties as special land uses in accordance with the standards and procedures set forth in § 770-11, Special land uses; permit procedures, provided the final determination of approval, approval with conditions, or denial shall be made by the City Commission following a recommendation from the Planning Commission. Furthermore, all marihuana establishments shall be subject to the following:

(1) An application for a marihuana establishment shall include a site plan prepared in accordance with § 770-12, Site plan review, along with documentation that:

(a) The petitioner has prequalification status for an applicable license with the State of Michigan; and

(b) A complete application for an applicable license with the City of Royal Oak has been accepted and awarded a municipal license slot in accordance with Chapter 435, Marihuana, as amended.

(2) No marihuana establishment shall be permitted unless the City Commission determines it will not be detrimental to the neighborhood based upon the following criteria:

(a) The establishment is designed and will be constructed to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(b) The establishment will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future.

(3) No marihuana establishment shall be permitted within a 1,000-foot radius of any existing public or private school with a curriculum equivalent to kindergarten through 12th grade. No marihuana retailer or marihuana microbusiness shall be permitted within a 1,000-foot radius of any existing retailer or microbusiness within the City of Royal Oak. Measurement of either radius shall be made from the outermost boundaries of the lot or parcel upon which the respective establishments are or would be situated.

(4) Designated consumption establishments and excess marihuana growers shall be specifically prohibited in any zoning district. Marihuana event organizers and temporary marihuana events shall be specifically prohibited in any zoning district, unless otherwise approved by the City Commission in accordance Chapter 435, Marihuana, as amended.

(5) Marihuana establishments shall be prohibited at any location that was conditionally zoned to an appropriate zoning district within which such uses are allowed, or a property that is zoned "planned unit development" (PUD), unless they are specifically permitted under the applicable conditional zoning agreement or development agreement.

(6) Drive-through lanes and windows and walk-up windows shall be prohibited.

(7) Each marihuana establishment shall be permitted one wall sign, as defined in Chapter 607, Signs, with a maximum area not to exceed 50 square feet or 5% of the building facade area, whichever is less. All other signs, including, but not limited to, freestanding signs, window signs, and electronic message centers, shall be prohibited.

(8) Unshielded luminous tubes (i.e., neon or argon lights), fluorescent light fixtures, fiber optic lights, light emitting diodes, bare light bulbs, or similar lighting, shall be prohibited as permanent architectural details or enhancements on any building facade or the exterior of any structure, including, but not limited to, windows and window openings, doors and door openings, rooflines, cornices, and eaves.

(9) Architectural enhancements that are designed to accent, emphasize, feature, highlight, or draw attention to a building but are neither required nor recommended in accordance with § 770-30, General building design and project compatibility, shall be prohibited.

(10) Security devices, such as security curtains, steel bars, metal gates, and similar apparatus, shall be prohibited on the exterior of a building. Security devices may be permitted inside a building, provided that the device is:

(a) Retractable so it is not visible from the sidewalk or public right-of-way during regular business hours; and

(b) Equipped with an emergency release device approved by the Royal Oak Fire Department.

(11) Site plans for marihuana establishments shall incorporate low-impact development techniques or green infrastructure that significantly reduces stormwater runoff and/or the need for stormwater detention, such as, but not limited to, rain gardens, bioswales, green roofs, and permeable or pervious pavement surfaces. The Planning Commission and City Commission may determine alternate requirements as deemed necessary and advisable during the course of their special land use permit and site plan review process.

(12) Applicable licenses with the State of Michigan and the City of Royal Oak shall be maintained.

(13) The City Commission may impose such reasonable conditions and safeguards as it deems necessary to protect the public health, safety and general welfare from excessive noises, traffic, obnoxious and unhealthy odors and any detrimental effects from the general operation of any marihuana establishment and to minimize any adverse effect on the character of the surrounding area.

(14) Deviations from applicable setback, parking, and other requirements may be granted by the City Commission, provided there are features or elements demonstrated by an applicant and deemed adequate by the City Commission upon the recommendation of the Planning Commission that are designed into the site plan for purpose of achieving the objectives of this section.

§ 770-53 Indoor commercial recreation facilities.

An indoor commercial recreation facility located in a General Industrial Zone District shall be conducted entirely within the building and shall be limited to those activities that the Zoning Administrator determines will generate a low volume of vehicle trip generation and minimal impact on the surrounding area regarding potential nuisance activities.

A. The Plan Commission as part of site plan review shall determine that the lot area and frontage is adequate to support the operation in compliance with all ordinance requirements. Consideration shall be given to the arrangement of off-street parking and drop-off and pick-up drives.

B. The proposed site shall have at least one property line abutting a major thoroughfare or collector street, and all access to and egress from the site shall be by such thoroughfare or street.

C. Points of ingress and egress for the site shall be so designed to minimize possible conflicts between traffic on adjacent major thoroughfares and adjacent land uses.

§ 770-54 Wind and solar energy systems.

[Added 6-15-2009 by Ord. No. 2009-06]

A. Purpose and intent. It is the general purpose and intent of the City to balance the need for clean, renewable and abundant energy resources that may reduce dependence upon scarce and nonrenewable fossil fuels, with the necessity to protect the public health, safety and welfare of the city, as well as to preserve the integrity, character, property values, and aesthetic quality of the community at large. The City therefore finds these regulations are necessary in order to facilitate adequate provision of sites for wind and solar energy systems and ensure they are situated in appropriate locations and relationships to other land uses, structures and buildings, without significantly increasing the cost or decreasing the efficiency of such systems.

B. Authorization.

(1) Wind energy systems with a rated capacity of up to 20 kilowatts (20 kw) and solar energy systems shall be allowed as an accessory use in any zoning district, subject to the required standards of this section, provided that they are to be incidental and subordinate to a use on the same parcel and shall supply electrical power exclusively for on-site consumption, except as otherwise provided by this chapter.

(2) Wind and solar energy systems may be connected to the electrical grid when a parcel on which the system is installed also receives electrical power supplied by a utility company. If a parcel on which a system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with applicable state and federal law.

(3) Solar energy systems and wind energy systems with a rated capacity of more than 20 kilowatts (20 kw) that are intended to produce electricity for sale to a utility and/or other customers for off-site consumption shall be prohibited, except as a special land use in the General Industrial Zoning District under § 770-44 General Industrial, Subsection C, Special land uses, Subsection (2)(b), Electrical power manufacture. Wind or solar energy systems developed as a special land use in the General Industrial Zoning District shall be subject to the required standards of this section.

C. Standards specific to wind energy systems.

(1) Number of systems per lot. No more than one ground-mounted or freestanding wind energy system may be placed on any lot of record. Arrays of multiple-turbine roof-mounted wind energy systems may be allowed, provided that they are architecturally integrated with the building upon which they are attached as determined by the Zoning Administrator, and otherwise comply with the required standards of this section.

(2) Height.

(a) The total system height of a ground-mounted or freestanding wind energy system shall not exceed twice the maximum permitted height for principal structures on a site within or adjacent to any residential or mixed-use zoning districts, or 100 feet on any other site that is not adjacent to any residential or mixed-use zoning district. The total system height shall include the height above grade of the fixed portion of the tower to the center of the rotor hub, including the turbine and the highest vertical extension of any blades and rotors.

(b) The height of roof-mounted wind energy systems are subject to the required standards in § 770-21, Application of Zoning District Regulations, Subsection D, Application of height regulations, Subsection (3), Exceptions.

(3) Location and setbacks.

(a) Ground-mounted or freestanding wind energy systems shall not be located within a front yard in any residential or mixed-use zoning district and shall be set back from all lot lines and rights-of-way to the center of the tower base no less than a distance equal to 1/2 the diameter of the rotor and blades, or the minimum required front, side and rear yard setbacks for principal structures within a site's given zoning district, whichever is greater.

(b) No portion of any wind energy system's blades, rotor, or other exposed moving parts shall extend to within 20 feet of the ground, or to within 10 feet of any overhead utility lines.

(c) Roof-mounted wind energy systems shall be setback from the building edge a distance equal to 1/2 the diameter of its rotor and blades, or a distance as determined necessary by the Zoning Administrator. No portion of any roof-mounted wind energy system's blades, rotor or other exposed moving part shall extend beyond the edge of the building to which it is attached, or to within 20 feet of any outdoor surfaces that are located directly below the system and intended for human occupancy, such as balconies or rooftop patios.

D. Standards specific to solar energy systems.

(1) Number of systems per lot. No more than one ground-mounted or freestanding solar energy system may be placed on any lot of record, and its solar collector shall not exceed 800 square feet of surface area. Solar collectors shall not be counted towards lot coverage, but the area covered or enclosed by solar collectors may be counted as required open space. Arrays of multiple-collector roof-mounted, building-mounted, or facade-mounted solar energy systems may be allowed, provided that they are architecturally integrated with the building upon which they are attached as determined by the Zoning Administrator, and otherwise comply with the required standards of this section.

(2) Height. Ground-mounted or freestanding solar collectors and any mounts shall not exceed a height of 20 feet when oriented at maximum tilt. Building-mounted or facade-mounted solar collectors shall not exceed the height of the building to which they are attached. Roof-mounted solar collectors and any mounts are subject to the standards in § 770-21, Application of zoning district regulations, Subsection D Application of height regulations, Subsection (3) Exceptions.

(3) Location and setbacks.

(a) Ground-mounted or freestanding solar energy systems shall not be located within a front yard in any residential or mixed-use zoning district, and shall be set back from all lot lines and rights-of-way to any part of the system no less than the minimum required front, side and rear yard setbacks for accessory structures within a site's given zoning district.

(b) Roof-mounted solar energy systems shall be setback from the building edge a distance equal to its height or a distance as determined necessary by the Zoning Administrator.

(c) Building-mounted or facade-mounted solar energy systems shall not be attached to any front building facade that directly faces and is visible from any right-of-way. Such systems may be located on any side or rear building facade, provided that they do not directly face and are not visible from any right-of-way, and provided that they are architecturally integrated with the building upon which they are attached, as determined by the Zoning Administrator.

(d) Solar collectors shall be placed so as not to shade any existing solar collector or adjacent property to the north between the hours of 9:30 a.m. and 2:30 p.m. Eastern Standard Time on December 21 of each year any more than would a structure built to the maximum permitted bulk and area standards for a site's given zoning district.

(4) Solar storage batteries. When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the City's building and electrical codes when in use and, when no longer used, shall be disposed of in accordance with all applicable City, state and federal laws and regulations.

E. General standards.

(1) Screening. Landscape screening in accordance with § 770-90, Landscaping, greenbelts, buffers and screening, Subsection D, Screening between land uses, shall be provided along all property lines to mitigate aesthetic impacts upon the neighborhood if a ground-mounted or freestanding wind or solar energy system is located within or adjacent to any residential or mixed-use zoning districts, except when a principal structure is placed between the system and a property line. Roof-mounted wind or solar energy systems shall be effectively screened as determined necessary by the Zoning Administrator.

(2) Access and safety. All wind or solar energy systems shall be designed and installed so as to prevent unauthorized access to electrical and mechanical components and shall be secured or locked at all times when service personnel are not present. All ground-mounted or freestanding wind or solar energy systems shall be adequately enclosed by a six-foot fence, or placed within a yard that is entirely enclosed by a six-foot fence, in accordance with the provisions of Chapter 323, Fences. All climbing apparatus shall be located at least 12 feet above ground, and any tower must be designed to prevent climbing within the first 12 feet.

(3) Lighting. Exterior lighting from a direct source upon a wind or solar energy system shall be prohibited. No lights shall be installed on a tower or any other part of a wind or solar energy system, unless required to meet federal aviation regulations.

(4) Controls. All wind energy systems shall be equipped with manual and automatic override brakes in order to limit the blade rotation speed to within its design limits, to prevent uncontrolled rotation and excessive pressure on the tower, rotors, blades and other components, and to shut down turbines in the event of an electrical outage.

(5) Underground wiring. All wiring connected with a wind or solar energy system shall be underground, except for wiring that runs from the turbine to the base of the wind energy systems, and all wiring associated with roof-mounted wind energy systems, and roof-mounted, building-mounted, or facade-mounted solar energy systems.

(6) Noise and electrical disturbance. All wind energy and solar systems shall comply with the required standards of § 770-94, Noise and vibrations, and § 770-95, Electrical disturbance, electromagnetic or radio frequency interference.

(7) Signs. All signs on a wind or solar energy system visible from any right-of-way or adjacent property shall be prohibited, except for the manufacturer's or installer's identification on the nacelle or solar collector, appropriate warning signs, or the owner and/or operator's identification.

F. Access easements.

(1) The enactment of this section does not constitute the granting of an easement by the City for access to wind or solar radiation. The owner and/or operator shall provide covenants, easements, or similar documentation to assure sufficient wind or solar radiation to operate a wind or solar energy system unless adequate accessibility to the wind or solar radiation is provided by the site.

(2) Nothing within this section shall prevent any owner, occupant or other person in control of property from legally placing or planting any vegetation or trees, or legally constructing any structure that may cast a shadow on a solar energy system or block wind from a wind energy system, provided that such vegetation, trees, or structures comply with the required standards of this chapter and all other applicable laws, codes and ordinances.

G. Removal.

(1) An owner and/or operator shall remove any ground-mounted or freestanding wind or solar energy system when it has not been used for a period of 180 days or more or has otherwise been abandoned. For purposes of this section, the removal of rotors, blades, turbines, solar collectors, solar batteries, or other equipment from a wind or solar energy system, or the cessation of electrical power generation, shall be considered as the beginning of a period of nonuse or abandonment. Nonuse or abandonment may also be proven by reports from an interconnected utility.

(2) Once a ground-mounted or freestanding wind or solar energy system has not been used for a period of 180 days or more or has otherwise been determined to be abandoned, the owner and/or operator shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition and removal, restoring the premises to an acceptable condition as reasonably determined by the Building Official and/or Zoning Administrator.

(3) If the required removal of a wind or solar energy system has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice by the City Attorney, Building Official, and/or Zoning Administrator, the City may pursue legal action to remove or secure the removal of the system at the owner's and/or operator's sole expense.

(4) The Zoning Administrator and/or Building Official may require that an application for a ground-mounted or freestanding wind or solar energy system include a security to be posted at the time of receiving a building permit to ensure its removal when it has been abandoned or is no longer in use, as provided in this section. The security may, at the election of the owner and/or operator, be in the form of cash; surety bond; letter of credit; or an agreement in a form approved by the City Attorney and recordable at the office of the Register of Deeds, establishing a promise of the owner and/or operator to timely remove the wind or solar energy system as required under this section, with the further provision that the owner and/or operator shall be responsible for the payment of any costs and attorney's fees incurred by the City in securing removal. The City's actual costs and reasonable administrative charges to remove or secure the removal of a wind or solar energy system may be drawn or collected from such security.

H. Applications and permits. The owner and/or operator of any wind or solar energy system shall obtain a building permit, along with any other permits required by federal, state and local agencies, prior to erecting a system. Wind or solar energy systems shall comply with all applicable state and City construction and electrical codes and City building permit requirements, and also all requirements of the Federal Aviation Administration, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCLA § 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCLA § 259.481 et seq.), and all other applicable state and federal regulations.

(1) Wind energy systems. Applications for permits to install a wind energy system shall include a site plan prepared in accordance with § 770-12, Site plan review, along with the following additional information:

(a) The location of all buildings within 200 feet of the property including exterior dimensions, height and uses.

(b) The location and dimensions of any other natural or man-made features within 200 feet of the property, such as trees, overhead utility lines, utility poles and towers, streets and rights-of-way, wireless community devices, etc.

(c) The plans and specifications identifying all parts of the system, including, but not limited to, the manufacturer and model, turbine, tower height and type, rotor diameter, foundation, any accessory equipment, and the manufacturer's electrical plans and specifications.

(d) Certification from a licensed engineer or qualified professional that the manual and automatic override brakes have been designed for the proposed system.

(e) Evidence that the applicant has notified the affected utility of the intent to install an interconnected customer-owned generator, and that the generator meets the minimum requirements established by the affected utility, the Michigan Public Service Commission, the Federal Energy Regulatory Commission, and all other applicable state and federal standards. Off-grid systems shall be exempt from this requirement.

(f) Evidence from a qualified professional that the site is feasible for a wind energy system, or that covenants, easements and other assurances to document sufficient wind to operate the wind energy system have been obtained.

(g) Evidence that the proposed wind energy system will comply with applicable federal aviation regulations, including any necessary approvals from the Federal Aviation Administration.

(h) A visual simulation that includes views from all rights-of-way within 500 feet.

(i) Any other evidence or information as required by the Zoning Administrator and/or Building Official.

(2) Solar energy systems. Applications for permits to install a solar energy system shall include a site plan prepared in accordance with § 770-12, Site plan review, along with the following additional information:

(a) The plans and specifications identifying all parts of the system, including, but not limited to, the manufacturer and model, solar collector or generator, mount height and type, foundation, solar batteries, any accessory equipment, and the manufacturer's electrical plans and specifications.

(b) Evidence that the applicant has notified the affected utility of the intent to install an interconnected customer-owned solar collector, and that the collector meets the minimum requirements established by the affected utility, the Michigan Public Service Commission, the Federal Energy Regulatory Commission, and all other applicable state and federal standards. Off-grid systems shall be exempt from this requirement.

(c) Evidence from a qualified professional that the site is feasible for a solar energy system, including between the hours of 9:30 a.m. and 2:30 p.m. Eastern Standard Time on December 21 of each year, or that covenants, easements and other assurances to document sufficient solar radiation to operate the solar energy system have been obtained.

(d) Evidence that the proposed solar energy system will comply with applicable state and federal regulations.

(e) Any other evidence or information as required by the Zoning Administrator and/or Building Official.

I. Additional and accessory uses.

(1) The applicable standards and requirements of this section shall also apply to anemometer towers used to conduct wind site assessments for possible installation of wind energy systems.

(2) Co-location of wireless communication facilities on any wind or solar energy system shall be subject to the requirements of § 770-88, Wireless communication devices. Co-location of any equipment or facilities other than wireless communication facilities that are not used for wind or solar power purposes shall only be permitted if allowed elsewhere within this chapter.

§ 770-55 Vinsetta Boulevard Overlay District.

[Added 2-13-2017 by Ord. No. 2017-05]

A. Intent and purpose. The Vinsetta Boulevard Overlay District shall be composed of a portion of the Forest Heights Subdivision where the principal use is intended to be single-family detached dwellings on lots with lot depths that are deeper than typical parcels in the one-family residential zone.

B. Uses. All permitted uses in the one-family residential zone shall be permitted uses in the Vinsetta Boulevard Overlay District. All special land uses in the one-family residential zone shall be special land uses in the Vinsetta Boulevard Overlay District.

C. Area and bulk regulations. Single-family detached dwellings in the Vinsetta Boulevard Overlay District shall be subject to the requirements set forth in the one-family residential zone, unless a more restrictive requirement is provided for in this section. The following minimum requirements shall apply to all permitted and special land uses within the Vinsetta Boulevard Overlay District:

(1) Lots size. No lot within the Vinsetta Boulevard Overlay District shall be less than 10,000 square feet in area.

(2) Lot depth. No lot within the Vinsetta Boulevard Overlay District shall have a depth of less than 180 feet.

(3) Front yard setback. All principal buildings on lots with frontage on Vinsetta Boulevard within the Vinsetta Boulevard Overlay District shall be set back the greater of 50 feet or the average setback of adjacent dwellings from the front property line. A front yard abutting the side street of a corner lot within the Vinsetta Boulevard Overlay District shall not be less than 10 feet in width.

§ 770-56 Domestic, community and market gardens.

[Added 4-19-2010 by Ord. No. 2010-04]

A. Purpose and intent. The purpose and intent of this section is to ensure that domestic, community and market gardens are appropriately located and protected to meet the need and demand for local food production, and to enhance community health, community education, garden-related job training, natural resource protection, preservation of green space, and community enjoyment. Because they will typically exist in close proximity to residential uses, concern will be given to ensuring compatibility between uses.

B. General standards.

(1) All domestic, community, and market gardens shall comply with the following standards:

(a) Operating standards. All domestic, community, and market gardens must adhere to the generally accepted agricultural management practices (GAAMP) adopted by the Michigan Department of Agriculture. Application of fertilizer, compost, pesticides, insecticides, herbicides, and/or agricultural-use chemicals shall be consistent with the manufacturer's instructions, Michigan's GAAMP, and all other local, state and federal laws.

(b) Machinery and equipment. Agricultural machinery, equipment and/or vehicles used in the tending of any domestic garden shall be limited to 35 horsepower and/or a fully equipped weight of 2,000 pounds, and 50 horsepower and/or a fully-equipped weight of 4,000 pounds for any community or market garden. These restrictions shall not apply to vehicles making deliveries to or receiving crops from a community or market garden.

(c) Composting and fertilizers. No fruits, vegetables, food waste, fresh manure or other animal waste or other animal by-products shall be composted at any domestic or community garden. No fresh manure or manure-based fertilizers shall be used at any domestic, community or market garden other than fully composted manure. On-site composting at any market garden shall be prohibited.

(d) Weeds. Crops grown in any domestic, community, or market garden shall be exempt from the required standards and regulations of Chapter 757, Weeds.

(e) Fences. Any fence proposed as part of a domestic, community, or market garden shall be subject to the required standards and regulations of Chapter 323, Fences.

(f) Burning. Open burning or prescribed burning at any domestic, community, or market garden shall be prohibited, except as provided in § 633-7, Unlawful burning.

(g) Keeping of animals. The keeping of any animals or animal husbandry (cows, chickens, pigs, goats, bees, etc.) as part of any domestic, community, and market garden shall be prohibited, except as provided in Chapter 195, Animals.

(h) Nuisances. Any domestic, community, or market garden shall be operated so as to eliminate any possible nuisance likely to emanate therefrom which might be noxious to occupants of any other nearby properties, whether by reason of an unreasonable amount of dust, noise, fumes, vibration, smoke, lights, or the presence of toxic materials.

(2) The operator(s) and/or property owner(s) of a domestic, community or market garden shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by invasive or noxious plants, insects, pests, vermin or wild animals, a source of erosion or stormwater runoff, polluted by fertilizers, pesticides, insecticides, herbicides, or other agricultural-use chemicals, and/or a public nuisance.

C. Domestic gardens. Domestic gardens shall be permitted as an accessory use in any One-Family Residential, One-Family Large Lot Residential, Two-Family Residential, or Multiple-Family Residential Zoning District, and for any dwelling unit in a Neighborhood Business, Neighborhood Business II, Mixed Use 1, or Mixed Use 2 Zoning District, subject to the following required standards:

(1) Placement. Domestic gardens shall be located within a side or rear yard only. If placed on a lot without a principal dwelling, a domestic garden shall have a minimum front yard setback equivalent to that of any adjacent dwelling.

(2) Accessory structures. Any greenhouse or other accessory structure related to a domestic garden shall comply with § 770-22, Accessory buildings.

D. Community gardens. Community gardens shall be permitted as a special land use in any zoning district, provided that there are no existing dwelling units upon the property, subject to the following required standards:

(1) Special land use and site plan review. All community gardens shall require special land use approval and site plan review by the Planning Commission according to § 770-11, Special land uses; permit procedures, and § 770-12, Site plan review. All applications for a community garden shall include a plan of operation that addresses how the garden's activities will be managed to avoid impacts on natural systems of surrounding uses as well as the garden's compliance with the Michigan Department of Agriculture's GAAMP. The plan of operation shall include a detailed description of all activities that will take place, including, but not limited to: management and oversight; planting and harvesting of crops; processing of crops produced on site; watering and irrigation; application of fertilizers, compost, pesticides, insecticides, herbicides, and other agricultural chemicals; and use of equipment and vehicles.

(2) Hours of operation. No gardening or farming activities using machinery and equipment shall take place between 9:00 p.m. and 7:00 a.m. at any community garden.

(3) Placement.

(a) Community gardens on residentially zoned property shall have a minimum front yard setback equivalent to that of any adjacent dwelling, or 25 feet where there are no adjacent dwellings, and minimum side and rear yard setbacks of five feet. The required front yard setback shall be provided along both street frontages for community gardens located on corner lots. Community gardens shall not be placed within any front yard of residentially zoned property.

(b) Community gardens on property zoned other than residential shall have minimum front, side and rear yard setbacks of five feet or the average of adjacent buildings, whichever is greater. Where a community garden is on the same side of a street on the same block as a property zoned residential, with or without an intervening alley, the required front yard setback shall be that of the adjacent dwelling, or 25 feet if there is no adjacent dwelling.

(c) All required yard setbacks shall be landscaped with grass, ground cover, shrubs, or other natural landscape materials acceptable to the Planning Commission, and shall otherwise comply with the required standards and regulations of § 770-90, Landscaping, greenbelts, buffers and screening.

(4) Accessory structures. Any greenhouse related to a community garden shall comply with the yard setback requirements as specified in Subsection D(3) above, provided that the combined ground floor area of all accessory structures does not exceed 25% of the site's lot area. All other accessory structures related to a community garden shall comply with § 770-22, Accessory buildings.

(5) Screening. Community gardens shall be screened from view with a landscaped berm, solid wall or a combination of a wall fencing and landscaping at least six feet in height along all side and rear lot lines, as deemed necessary and advisable by the Planning Commission. Community gardens shall be screened from view with a landscaped berm, solid wall or a combination of a wall, fencing and landscaping at least 30 inches in height along all front lot lines and side lot lines within a front yard, and also along the perimeter of those sides which are visible from a public street, as deemed necessary and advisable by the Planning Commission.

(6) Off-street parking. Each community garden shall have a minimum of two off-street parking spaces, plus one additional space for every acre of garden site lot area over two acres. Off-street parking for a community garden shall be limited in size to 10% of the garden site lot area and may be either unpaved or surfaced with gravel or similar loose material or paved with pervious paving material. Off-street parking areas for a community garden shall be exempt from the hard-surfacing requirements of § 770-109, Off-street parking lot design and construction, Subsection A.

(7) Additional uses and structures. Community gardens may also include any of the following accessory uses and/or structures: raised or accessible planting beds; compost bins; picnic tables; fences; garden art; rain barrel systems; rest room facilities or portable toilets; and children's play areas.

(8) Waste containers and enclosures. All community gardens shall have suitable waste and recyclable containers that are regularly serviced and screened in accordance with § 770-90I, Screening of refuse and recyclable containers. The Planning Commission may also allow screening in the form of a landscape buffer or fence in accordance with § 770-90D, Screening between land uses.

(9) Sale of crops prohibited. Seasonal farm stands and the on-site sale of crops grown at a community garden and any other items shall be prohibited.

(10) Overhead lighting prohibited. Overhead and/or exterior lighting shall be prohibited at any community garden.

E. Market gardens. Market gardens shall be permitted as a special land use within any Neighborhood Business, Neighborhood Business II, General Business, Mixed Use 1, or Mixed Use 2 Zoning District, but only as an accessory use to any restaurant, grocery store, farmers' market, or similar use, subject to the following required standards:

(1) Special land use and site plan review. All market gardens shall require special land use approval and site plan review by the Planning Commission according to § 770-11, Special land uses; permit procedures, and § 770-12, Site plan review. All applications for a market garden shall include a plan of operation that addresses how the garden's activities will be managed to avoid impacts on natural systems of surrounding uses as well as the garden's compliance with the Michigan Department of Agriculture's GAAMP. The plan of operation shall include a detailed description of all activities that will take place, including, but not limited to: management and oversight; planting and harvesting of crops; processing of crops produced on site; watering and irrigation; application of fertilizers, compost, pesticides, insecticides, herbicides, and agricultural chemicals; and use of equipment and vehicles.

(2) Placement. Market gardens shall have minimum front, side and rear yard setbacks of five feet or the average of adjacent buildings, whichever is greater. Where a market garden is on the same side of a street on the same block as a property zoned residential, with or without an intervening alley, the required front yard setback shall be that of the adjacent dwelling, or 25 feet if there is no adjacent dwelling. All required yard setbacks shall be landscaped with grass, ground cover, shrubs, or other natural landscape materials acceptable to the Planning Commission, and shall otherwise comply with the required standards and regulations of § 770-90, Landscaping, greenbelts, buffers and screening.

(3) Hours of operation. No gardening or farming activities using machinery and equipment shall take place between 9:00 p.m. and 7:00 a.m. at any market garden.

(4) Accessory structures. Any greenhouse or other accessory structure related to a market garden shall comply with § 770-22, Accessory buildings, and comply with the area and bulk regulations for the zoning district in which it is located.

(5) Screening. Market gardens shall be screened from view with a landscaped berm, solid wall, or a combination of a wall, fencing and landscaping at least six feet in height along all side and rear lot lines, as deemed necessary and advisable by the Planning Commission. Market gardens shall be screened from view with a landscaped berm, solid wall, or a combination of a wall, fencing and landscaping at least 30 inches in height along all front lot lines and side lot lines within a front yard, and also along the perimeter of those sides which are visible from a public street, as deemed necessary and advisable by the Planning Commission.

(6) Off-street parking. No additional off-street parking shall be required for a market garden other than that required for the restaurant, grocery store, farmers' market, or similar use with which the garden is associated. If additional off-street parking is provided, it shall be limited in size to 10% of the garden site lot area and may be either unpaved or surfaced with gravel or similar loose material or paved with pervious paving material. Off-street parking areas for a market garden shall be exempt from the hard-surfacing requirements of § 770-109, Off-street parking lot design and construction, Subsection A.

(7) Additional uses and structures. Market gardens may also include any of the following accessory uses and/or structures: raised or accessible planting beds; compost bins; picnic tables; seasonal farm stands for the sale of crops; fences; garden art; rain barrel systems; rest room facilities or portable toilets; and children's play areas.

(8) Seasonal farm stands. A market garden may include a seasonal farm stand for the sale of items grown at the site only and no other merchandise, provided that the stands shall be removed from the premises or stored inside a building on the premises or off site at another location when the garden is not in operation.

(9) Waste containers and enclosures. All market gardens shall have suitable waste and recyclable containers that are regularly serviced and screened in accordance with § 770-90I, Screening of refuse and recyclable containers.

(10) Overhead lighting prohibited. Overhead and/or exterior lighting shall be prohibited at any market garden.

§ 770-57 Billboards.

[Amended 3-16-2015 by Ord. No. 2015-07]

All billboards shall be subject to the following requirements and standards:

A. Where permitted. Billboards shall be permitted only in the General Industrial zone on lots that are not subject to a conditional zoning agreement and have at least one property line abutting a principal or minor arterial, as designated by the City of Royal Oak's Master Plan, subject to the standards contained herein, and the Highway Advertising Act of 1972, as amended.[1]

[1] Editor's Note: See MCLA § 252.301 et seq.

B. Spacing.

(1) Not more than three billboards may be located per linear mile of street or highway, regardless of the fact that such billboards may be located on different sides of the street or highway. The linear mile measurement shall not be limited to the boundaries of the City where the particular street or highway extends beyond such boundaries. Double-faced billboard structures (i.e., structures having back-to-back billboard faces) and V-type billboard structures having only one face visible to traffic proceeding from any given direction on a street or highway shall be considered as one billboard. Additionally, billboard structures having tandem billboard faces (i.e., two parallel billboard faces facing the same direction and side by side to one another) or stacked billboard faces (i.e., two billboard faces facing the same direction with one face being directly above the other) shall be considered as one billboard. Otherwise, billboard structures having more than one billboard face shall be considered as two billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in Subsection (B)(2) below.

(2) No billboard shall be located within 1,000 feet of another billboard abutting either side of the same street or highway.

(3) No billboard shall be located within 200 feet of a residential zone and/or existing residence. If the billboard is illuminated, this required distance shall instead be 300 feet.

(4) No billboard shall be located closer than 75 feet from a property line adjoining a public right-of-way or 10 feet from any interior boundary lines of the premises on which the billboard is located.

(5) All required spacing and setback measurements shall be measured to the nearest point of a billboard’s structure, including its face or surface display area.

C. Height. The height of a billboard shall not exceed 25 feet above the level of the street or road upon which the billboard faces or to which the message upon the billboard is directed. In the event that the billboard is situated upon two streets or roads having different levels, the height of the billboard shall be measured from the higher street or road.

D. Surface area. The surface display area of any side of a billboard may not exceed 300 square feet. In the case of billboard structures with tandem or stacked billboard faces, the combined surface display area of both faces may not exceed 300 square feet.

E. Electronic message.

(1) Findings.

(a) It is recognized that billboards with changeable or continuous, dynamic content are more distracting and less comprehensible than static images as they require more attention for longer periods of time to comprehend the intended message. Studies show that there is a direct correlation between electronic messages on billboards and the distraction of drivers which can lead to traffic accidents. Drivers can be distracted by a changing message, by waiting for the next change to occur on a sign, and by messages that do not tell the full story in one look. Drivers are more distracted by special effects used to change the message of a billboard, by messages on a sign that are too small to be clearly seen, or by messages that contain more than a simple, easily read message.

(b) Despite these public safety concerns, there is merit to allowing new technologies to easily update messages on billboards. Except as prohibited by state or federal law, billboard owners should have the opportunity to use these technologies with certain, reasonable restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation near residential areas where billboards with electronic messages can adversely impact residential character.

(c) It is also recognized that billboards do not need to serve the same way-finding function as do on-premises signs allowed under Chapter 607, Signs. Further, billboards are allowed only within certain zoning districts. Billboards are in themselves distracting and their removal serves public safety. A single electronic message can serve the function otherwise performed by multiple traditional billboards. Thus, billboard owners ought to be encouraged to use electronic messages to consolidate such activities in appropriate locations while removing traditional billboards from areas where they are not appropriate.

(d) The standards within this subsection are therefore intended to provide incentives for the voluntary and uncompensated removal of billboards in certain settings. Their removal results in an overall advancement of one or more of the goals set forth in this chapter that should more than offset any additional burden caused by the incentives. These provisions are also based on the recognition that the incentives create an opportunity to consolidate billboards that would otherwise remain distributed throughout the City.

(e) Electronic messages should therefore be allowed on billboards but with significant and reasonable controls to minimize their proliferation and potential threats to public safety.

(2) Regulations. A billboard shall not contain any visible moving parts, revolving parts or mechanical movement of any description or other apparent visible movement, including intermittent electrical pulsation or by action of normal wind currents, except for electronic messages, subject to the following requirements and standards:

(a) A single, contiguous electronic message may be permitted on each billboard face. Electronic messages may occupy all of the actual copy and graphic area of a billboard.

(b) The images and messages displayed must be static or still images. Animation, video streaming, moving images, or other pictures and graphics displayed in a progression of frames that give the illusion of motion or moving objects shall be prohibited.

(c) The transition from one static image or message to another on an electronic message shall be instantaneous without any delay or special effects accomplished by varying the light intensity or pattern, where the first message gradually reduces intensity or appears to dissipate and lose legibility simultaneously with the gradual increase in intensity, appearance and legibility of the second message, such as, but not limited to, flashing; blinking; spinning; revolving; shaking; zooming; fading; dissolving; scrolling; dropping; traveling; chasing; exploding; or similar effects that have the appearance of movement, animation, changing in size, or being revealed sequentially rather than all at once.

(d) An electronic message shall have a minimum duration of 30 seconds except for changes that are necessary to correct time, date, and/or temperature information. Time, date, and/or temperature information shall be considered one electronic message and may not be included as a component of any other electronic message.

(e) Sequential messaging as part of an electronic message shall be prohibited. The images and messages displayed shall be complete in themselves without continuation in content to the next image or message or to any other billboard.

(f) Every line of copy and graphics in an electronic message must be at least 12 inches in height. If there is insufficient room for copy and graphics of this size within the actual copy and graphic area of a billboard then no electronic message shall be permitted.

(g) Electronic messages shall be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the billboard owner must immediately stop the electronic message when notified by the City that it is not complying with the standards of this section. Prior to issuing any necessary permits for an electronic message, the applicant shall submit to the City written verification from the manufacturer that the electronic message is so designed and equipped.

(h) Audio speakers shall be prohibited in association with any electronic message.

(3) Incentives.

(a) An applicant may obtain a permit for an electronic message on an existing billboard, even if said billboard is nonconforming, and the City shall issue such a permit, provided the electronic message complies with the following permit requirements and meets all other required standards of this chapter.

[1] The applicant shall agree, in writing, to permanently remove, prior to the issuance of any necessary permits to install an electronic message, at least two other nonconforming billboards within the City owned or leased by the applicant, each of which must satisfy the criteria of Subsection E(3)(a)[2] through [4] below. Removal shall include the complete removal of the structure and foundation supporting each billboard. The Zoning Administrator shall verify that the billboards to be removed are nonconforming, and the Building Official shall verify that the nonconforming billboards have been removed prior to issuing any necessary permits for an electronic message. The applicant shall also agree, in writing, that it is removing the nonconforming billboards voluntarily and that it has no right to compensation for the removed billboards under any law. When executed, the applicant shall record said agreement with the Oakland County Registrar of Deeds.

[2] No permit for an electronic message based on the removal of the particular billboards relied upon in this permit application shall have previously been issued by the City.

[3] Each removed billboard shall have a copy and graphic area equal to or greater than the area of the copy and graphic area for which the electronic message permit is sought.

[4] If a billboard to be removed is one for which a permit is required by the State of Michigan, the applicant shall surrender its permit to the state upon removal of the billboard. Proof shall be submitted to the City that the state permit has been surrendered prior to any necessary permits for an electronic message being issued by the City.

(b) No permit for an electronic message shall be issued for an existing, nonconforming billboard unless the applicant is able to remove at least two other nonconforming billboards within the City owned or leased by the applicant as described is Subsection E(3)(a)[1] through [4] above.

F. Illumination. A billboard may be illuminated, provided such illumination is concentrated on the surface of the sign and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of oncoming vehicles or any adjacent premises. In no event shall any billboard have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate, except for electronic messages in accordance with the required standards of this section.

(1) All billboards including any electronic messages shall meet the following illumination and brightness standards in addition to those contained in § 770-96, Glare and exterior lighting:

(a) No illuminated billboard shall be brighter than is necessary for clear and adequate visibility.

(b) No illuminated billboard shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.

(c) No illuminated billboard shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

(2) Prior to issuing any necessary permits for an electronic message, the applicant shall submit to the City written verification from the manufacturer that the electronic message is preset not to exceed the maximum permitted illumination levels of this chapter, and equipped with a manual control that allows the brightness to be lowered but not raised above the maximum permitted illumination levels of this chapter.

(3) The person owning or controlling the billboard shall adjust its illumination to meet the brightness standards in accordance with the City's instructions. The adjustment shall be made immediately upon notice of noncompliance from the City.

(4) All billboards with illumination by a means other than natural light shall be equipped with a mechanism to automatically adjust the brightness in response to ambient conditions and to produce a distinct reduction in the level of illumination for the time period between one half-hour prior to sunset and one half-hour after sunrise. Such billboards shall also be equipped with a means to immediately turn off the display or lighting if they malfunction, and the billboard owner shall immediately turn off the electronic messages or lighting when notified by the City that it is not in compliance with the standards of this chapter.

G. Construction and maintenance.

(1) No billboard shall be on top of, cantilevered or otherwise suspended above the roof of any building.

(2) A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity. A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.

§ 770-58 Single-Family Residential Overlay District.

In the One-Family Residential Zone, no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

A. Existing two-family and/or multiple-family and/or commercial uses shall be permitted in the One-Family Residential Overlay District (See map[1]), subject to special land use approval to the limited area extent and in accordance with the standards and procedures provided in this subsection.

(1) Definitions. For the specific purpose of this subsection, the following terms are defined:

EXISTING TWO-FAMILY AND/OR MULTIPLE-FAMILY USES

Those duplex and multiple-family uses that meet one of the following two criteria on the date of enactment of the ordinance amendment initially creating this subsection of the Zoning Ordinance:

(a) An occupancy permit has been issued for the residences within the structure, and a license has been issued for more than one residence (and for all residential units claimed to exist) within the structure under the City's Landlord Tenant Ordinance.

(b) A multiple-family residential unit is registered under the State Condominium Act,[2] and an occupancy permit has been issued for the residences in the structure, or a building permit has been issued for such residences and substantial on-site work pursuant to said permit had been performed.

MATERIAL MODIFICATION

A modification that results in any one or more of the following:

(a) An increase of residential density; or an increase in the floor area of a commercial building.

(b) A modification of the exterior appearance of the structure that would reasonably be expected to reduce the property value of nearby properties.

(c) A modification that will have some other demonstrable adverse impact upon one or more family residential users in the neighborhood.

ONE-FAMILY OVERLAY DISTRICT

The properties within the district shown on the One-Family Overlay Map which is incorporated as part of this subsection.[3]

[2] Editor's Note: See MCLA § 559.101 et seq.

[3] Editor's Note: The One-Family Residential Overlay District Map is included at the end of this chapter.

(2) Existing two-family and/or multiple-family and/or commercial uses shall be subject to the following:

(a) Existing two-family and/or multiple-family and/or commercial uses within the One-Family Residential Overlay District shall, by enactment of this provision, be granted the special land use status of being uses which conform to the parking, use, setback and density provisions of this chapter and, therefore, shall not be burdened with customary nonconforming use status. As such, destruction of a structure in a manner which would otherwise not permit reconstruction shall not apply to the extent that reconstruction of the parking, use, setback and density existing on the property at the time of destruction shall be permitted to the extent that building and safety codes are met.

(b) This subsection is intended to be a special program to achieve specific land management objectives and avert or solve specific land use problems, as authorized in Public Act 110, as amended, § 125.3201, and consistent with the Master Plan. Accordingly, application for special land use approval shall be deemed implicit in the lawful establishment and lawful continued use of existing two-family and/or multiple-family and/or commercial uses within the One-Family Overlay District. Supporting materials shall include, but are not limited to, the occupancy permit and license under the City's Tenant Ordinance, on file with the City, or a copy of the Condominium Act,[4] together with a copy of the certificate of occupancy or building permit, or with respect to commercial properties, an occupancy permit, initial merchants license (where applicable) and/or a building permit. Review and approval of the application shall be deemed to have been made and granted as part of the enactment of this subsection of the Zoning Ordinance.

[4] Editor's Note: See MCLA § 559.101 et seq.

(c) Such grant of special land use conforming status shall be further subject to the conditions that any and all future additions and material modifications shall conform to construction codes and all other ordinance requirements of the City, and that conforming status shall extend only to parking, use, setback and density.

(d) The Planning Department shall maintain the list of properties determined eligible as a special land use under Ordinance No. 2000-21, as adopted on July 10, 2000. Upon request, the Planning Department shall provide a special use permit for each eligible two-family and/or multiple family and/or commercial use approved as part of this provision, specifying, among other things, that the special land use has been granted, and that the use shall be conforming as to parking, use, setback and density, and further specifying the type of land use and/or number of units with the respective use. A copy of each permit shall be maintained at the City.

(e) The owner of property which has received special land use approval under this subsection who desires to materially modify a structure and/or property shall apply for an amendment of the special land use granted in this provision. Such application, and the processing of the application, shall be in accordance with the customary special land use procedure in this chapter.

(f) The Plan Commission may authorize a modification of a structure, use and/or site improvement if, in the sole discretion of the Plan Commission, it is determined that the applicant has demonstrated that the use and improvements on this property shall have equal or less intensity and off-site impact than existing prior to the modification.

(3) Properties not having existing two-family and/or multiple-family and/or commercial uses shall be subject to the following:

(a) Existing properties within the One-Family Residential Overlay District that are existing on the date of enactment of the ordinance amendment initially creating this subsection of the Zoning Ordinance shall not be granted the special land use status of being uses which conform to the use and density provisions of the Zoning Ordinance. Therefore, such properties shall in all respects be subject to the One-Family Residential use and area and bulk regulations in order to achieve the following critical public health, safety and general welfare objectives:

[1] To avoid authorization of the expansion of multiple-family and commercial uses that will undermine the new viability of the existing one-family uses within the City, as recognized in the Master Plan, as amended, and, thus, frustrate the reestablishment of the City as a mature community area which has been able to make meaningful progress toward renewal and regeneration.

[2] To avoid the destruction of the basic one-family character and integrity of the neighborhoods in which such properties are situated and, thus, avoid a long-term blighting effect and corresponding reduction in property values in and surrounding such neighborhoods.

[1] Editor's Note: The One-Family Residential Overlay District Map is included at the end of this chapter.

§ 770-59 Day-care facilities.

The intent of this section is to establish standards for day-care facilities which will insure compatibility with adjacent land uses and maintain the character of the neighborhood.

A. Standards for group day-care homes and day-care centers. Day-care centers shall be subject to the following requirements:

(1) Dropoff and pickup shall be provided for in a manner which protects the safety of children and does not create congestion on the site or within a public roadway.

(2) There shall be an outdoor play area of at least 500 square feet provided on the premises. Said play area shall not be located within the front yard setback. This requirement may be waived by the Plan Commission if a public play area is available 500 feet from the subject parcel.

(3) All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.

(4) The hours of operation shall not exceed 16 hours within a twenty-four-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the dropoff and pickup of children is not disruptive to neighboring residents.

(5) Applicable licenses with the State of Michigan shall be maintained.

B. Standards for adult day-care facilities shall be subject to the following requirements:

(1) The drop-off/pick-up area shall be provided at the front entrance of the building or as far as practicable from a One-Family Residential Zone District. Access to all entry/exit doors and all sides of a building shall be provided in a manner acceptable to the Plan Commission, based on a recommendation from the Fire Department.

(2) The property is maintained in a manner that is consistent with the character of the neighborhood.

(3) In its sole discretion, the Plan Commission may determine that landscape screening in accordance with § 770-90D, Screening between land uses, is required to effectively screen any exterior areas used for congregating.

(4) Appropriate licenses with the State of Michigan shall be maintained.

(5) The building shall be setback from all residentially zoned property a minimum of 300 feet unless the Plan Commission determines the following:

(a) Complies with the goals, objectives and policies of the Master Plan.

(b) Is designed and constructed to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(c) Will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future.

§ 770-60 Adult foster care facilities (small, medium, large).

Adult foster care facilities shall be subject to the following additional requirements:

A. The subject parcel shall meet the minimum lot area requirements for the zone in which it is located, provided there is a minimum site area of 1,000 square feet per adult, excluding employees and/or caregivers.

B. The property is maintained in a manner that is consistent with the character of the neighborhood.

C. In its sole discretion, the Plan Commission may determine that landscape screening in accordance with § 770-90D, Screening between land uses is required.

D. Appropriate licenses with the State of Michigan shall be maintained.

§ 770-61 Child foster family group home; foster care facilities (small, medium, large).

Child foster family group home facilities shall be subject to the following additional requirements:

A. The subject parcel shall meet the minimum lot area requirements for the zone in which it is located, provided there is a minimum site area of 1,000 square feet per child, excluding employees and/or caregivers.

B. The property is maintained in a manner that is consistent with the character of the neighborhood.

C. In its sole discretion, the Plan Commission may determine that landscape screening in accordance with § 770-90D, Screening between land uses is required.

D. Appropriate licenses with the State of Michigan shall be maintained.

§ 770-62 Self-storage facilities.

Self-storage facilities shall be subject to the following requirements:

A. No activity other than rental of storage units shall be allowed. No commercial, wholesale, retail, industrial or other business activity shall be conducted from the facility.

B. The storage of any toxic, explosive, corrosive, flammable or hazardous materials is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower or similar property will be drained or removed prior to storage. Batteries shall be removed from vehicles before storage.

C. All storage, including vehicles of any kind, shall be contained within a completely enclosed building.

D. Exterior walls of the ends of all storage units shall be of masonry or face-brick construction.

E. All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum twenty-four-foot drive shall be provided between buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.

F. A demonstrated means of security and management shall be provided.

§ 770-63 Vehicle dealers. [1]

Outdoor sales, lease and rental of new and used automobiles, boats, recreational vehicles, mobile homes, lawn care and construction machinery and other vehicles and similar uses shall be subject to the following requirements:

A. There shall be no strings of flags, pennants or bare light bulbs permitted.

B. All areas intended for required parking and aisles shall be designed and constructed in accordance with § 770-109, Off-street parking lot design and construction. The outdoor display areas for vehicles shall accommodate pedestrian traffic and provide for the maneuvering of vehicles on private property.

C. Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which does not create a traffic safety or congestion problem.

D. A landscaped greenbelt measuring a minimum of 10 feet in width shall be provided. No vehicles or merchandise shall be displayed within the required greenbelt. At a minimum, landscaping of the front greenbelt in accordance with the standards set forth in § 770-90F, Front yard landscape or greenbelts, shall be provided, unless otherwise modified by the Plan Commission in accordance with § 770-90M, Plan Commission modifications to requirements.

E. There shall be no broadcast of continuous music or announcements over any loudspeaker or public address system.

F. The Plan Commission, as part of site plan review, shall determine that the lot area and frontage is adequate to support the operation in compliance with all chapter requirements.

G. All accessory uses shall comply with ordinance provisions for that specific use as identified herein.

H. The location of all vehicles and machinery intended for sale, lease or rental shall be identified on the site plan. All other outdoor storage is explicitly prohibited.

I. The loading and unloading of merchandise (vehicles, etc.) and supplies shall be conducted entirely within the site and shall not be permitted within the public right-of-way.

J. Required parking shall not be used for the display of vehicles for sale or lease.

[1] Editor's Note: See Ch. 727, Vehicles, Sale of, Art. I, Vehicle Dealers.

§ 770-64 Automobile filling stations.

Automobile filling stations shall be subject to the following requirements:

A. The minimum lot area required shall be 12,000 square feet. However, in its sole discretion, the Plan Commission may determine a lesser or greater amount is required to support the proposed operation.

B. No more than one curb opening shall be permitted for each 50 feet of street frontage or major fraction thereof. No driveway or curb opening shall be located nearer than 20 feet to any corner lot line. No driveway shall be located nearer than 30 feet to any other driveway serving the site. However, in its sole discretion, the Plan Commission may determine an alternate design as determined necessary.

C. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other drives, its location in relation to the traffic generated by other buildings or uses or its location near vehicular or pedestrian entrances or crossings, or similar concerns.

D. Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner, which does not create a traffic safety or congestion problem.

E. A landscaped greenbelt adjacent to all public rights-of-way measuring a minimum of 10 feet in width shall be provided. At a minimum, landscaping of the front greenbelt in accordance with the standards set forth in § 770-90F, Front yard landscape or greenbelts, shall be provided, unless otherwise modified by the Plan Commission in accordance with § 770-90M, Plan Commission modifications to requirements.

F. Automobile filling stations, particularly those, which offer additional services, shall be designed in a manner which promotes pedestrian and vehicular safety. Buildings shall comply with the setback requirements for the district in which the use is located. Pump islands shall be arranged so that motor vehicles do not park upon or overhang any public sidewalk, street or right-of-way while waiting for or receiving fuel service.

G. Outdoor display of merchandise for sale shall be limited to those areas approved as part of site plan review. All seasonal and transient merchants shall comply with § 770-69, Seasonal and transient display of product or material intended for sale. Applicable licenses with the City shall be maintained.

H. Required off-street parking shall be provided in accordance with the standards set forth in § 770-107, Table of Off-Street Parking Requirements, and shall be computed on the basis of each separate use.

I. Access to underground tanks shall be arranged so that delivery vehicles do not conflict with any public right-of-way, off-street parking or pedestrian access and have sufficient maneuvering aisles to support the maximum size vehicles used for deliveries.

J. Off-street loading shall be provided in accordance with the standards set forth in § 770-110, Off-street loading requirements.

K. All canopy lighting shall be recessed and down-shielded. All site lighting shall be directed downward and shielded to prevent light from shining on adjacent properties and public rights-of-way, in accordance with § 770-96, Glare and exterior lighting.

L. Broadcasting of continuous music or announcements over any loudspeaker or public address system is prohibited.

M. All exterior accessory equipment shall be identified on the site plan, including but not limited to air pumps, public telephones, ice machines, etc.

N. The Plan Commission may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, traffic, obnoxious and unhealthy odors and any detrimental effects from the general operation of such filling station.

§ 770-65 Automobile service stations.

Automobile service stations shall be subject to all of the requirements included in § 770-64, Automobile filling stations, and the following additional requirements:

A. The minimum lot area required for such use shall be 12,000 square feet. However, in its sole discretion, the Plan Commission may determine a lesser or greater amount is required to support the proposed operation.

B. Any work including repairs, servicing, greasing and/or washing motor vehicles shall be conducted within an enclosed building. All equipment and service bays shall be located entirely within an enclosed building.

C. Overhead doors shall be kept closed at all times except when being used for vehicle access and shall not face property zoned for residential use unless otherwise permitted by the Plan Commission in the course of its review.

D. Outdoor storage or parking of vehicles, except for two private automobiles per indoor stall or service area of the facility, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., unless otherwise revised by the Plan Commission in the course of its review.

E. All outdoor areas used for the storage of motor vehicles waiting for service shall be effectively screened from view from abutting properties and public streets. Such screening shall be in accordance with the requirements of § 770-90, Landscaping, greenbelts, buffers and screening. Parking areas for employees and customers shall be separate and apart from the storage area.

F. A landscaped greenbelt adjacent to all public rights-of-way measuring a minimum of 10 feet in width shall be provided. At a minimum, landscaping of the front greenbelt in accordance with the standards set forth in § 770-90F, Front yard landscape or greenbelts, shall be provided, unless otherwise modified by the Plan Commission in accordance with § 770-90M, Plan Commission modifications to requirements.

G. Partially dismantled vehicles, damaged vehicles, new and used parts and discarded parts shall be stored within a completely enclosed building.

H. The Plan Commission may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, vibrations, traffic, obnoxious and unhealthy odors and any detrimental effects from the general operation of such service station.

I. Vehicle sales which are clearly incidental to the automobile service station, shall comply with § 770-84, Outdoor display and sales. The location of all vehicles intended for sale shall be identified on the site plan.

§ 770-66 Automobile repair garage.

Automobile repair garages shall be subject to the following requirements:

A. The Plan Commission, as part of site plan review, shall determine that the lot area and frontage is adequate to support the operation in compliance with all ordinance requirements.

B. A landscaped greenbelt adjacent to all public rights-of-way measuring a minimum of 10 feet in width shall be provided. At a minimum, landscaping of the front greenbelt in accordance with the standards set forth in § 770-90F, Front yard landscape or greenbelts, shall be provided, unless otherwise modified by the Plan Commission in accordance with § 770-90M, Plan Commission modifications to requirements.

C. Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which does not create a traffic safety or congestion problem.

D. Any work including repairs, servicing, greasing and/or washing of motor vehicles shall be conducted within an enclosed building. The Plan Commission as part of site plan review may determine if additional building setback is necessary to provide sufficient area to support the operation and mitigate the impact on adjacent properties.

E. All outdoor areas used for the storage of motor vehicles waiting for service shall be effectively screened from view from abutting properties and public streets. Such screening shall be in accordance with the requirements of § 770-90D, Screening between land uses. Parking areas for employees and customers shall be separate and apart from the storage area.

F. The Plan Commission may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, vibrations, traffic, obnoxious and unhealthy odors and any detrimental effects from the general operation of such automobile repair garage.

G. Vehicle sales which are clearly incidental to the automobile service station, shall comply with § 770-84, Outdoor display and sales. The location of all vehicles intended for sale shall be identified on the site plan.

§ 770-67 Automobile washes.

Automobile washes shall be subject to the following requirements:

A. The Plan Commission, as part of site plan review, shall determine that the lot area and frontage is adequate to support the operation in compliance with all ordinance requirements.

B. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes and exit aprons shall be located on the site. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash without City approval.

C. No more than one curb opening shall be permitted for each 50 feet of street frontage. No driveway or curb opening shall be located nearer than 20 feet to any corner or exterior lot line. No driveway shall be located nearer than 30 feet to any other driveway serving the site. However, in its sole discretion, the Plan Commission may determine an alternate design as determined necessary.

D. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other building or uses or its location near a vehicular or pedestrian entrances or crossings, or similar concerns.

E. A landscaped greenbelt adjacent to all public rights-of-way measuring a minimum of 10 feet in width shall be provided. At a minimum, landscaping of the front greenbelt in accordance with the standards set forth in § 770-90F, Front yard landscape or greenbelts, shall be provided, unless otherwise modified by the Plan Commission in accordance with § 770-90M, Plan Commission modifications to requirements.

F. Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner, which does not create a traffic safety or congestion problem.

G. All washing activities shall be carried on within a building. Vacuuming activities shall be located as far as practicable from residentially zoned property, and in no case shall they be located closer than 50 feet from an adjacent residential zone.

H. All car wash facilities shall provide a drainage system installed midway from the exit door of the wash structure to the nearest exit drive at a low point to limit water runoff.

I. The Plan Commission may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, vibrations, traffic, obnoxious and unhealthy odors and any detrimental effects from the general operation of such automobile washes.

§ 770-68 General, building and landscape contractor's offices and yards.

Contractor's offices and yards shall be subject to the following requirements:

A. A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage. Storage of all motorized equipment shall be on a paved surface.

B. A landscaped greenbelt adjacent to all public rights-of-way measuring a minimum of 10 feet in width shall be provided, unless otherwise modified by the Plan Commission in accordance with § 770-90M, Plan Commission modifications to requirements.

C. Storage shall not be located within the front yard. Stored materials shall not be located in any required parking or loading space(s). Storage of any kind shall not interfere with ingress and egress of fire and emergency vehicles and apparatus.

D. Storage shall be screened from the view of a public street and adjacent properties in accordance with the requirements of § 770-90, Landscaping, greenbelts, buffers and screening.

E. The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including a description of materials, height, and typical elevation of the enclosure, shall be provided as part of the information submitted under § 770-12, Site plan review.

F. The loading and unloading of equipment shall be conducted entirely within the site and shall not be permitted within a public right-of-way.

§ 770-69 Seasonal and transient display of products or materials intended for sale. [1]

The sale of seasonal items such as Christmas trees, flowers and plants, pumpkins and other such seasonal items, and the sale of any other merchandise by persons other than the owner or occupant of the premises, shall be subject to the following standards and conditions:

A. Transient or seasonal sales may be located within any required yard, provided a ten-foot landscaped greenbelt meeting the requirements of § 770-90F, Front yard landscape or greenbelts, is provided between any outdoor display and any public road right-of-way. Where outdoor displays abut residentially zoned property, landscape screening in accordance with § 770-90D, Screening between land uses, shall also be provided.

B. Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of Article IX or Subsection A or create a traffic or safety hazard.

C. Off-street parking and maneuvering lanes shall meet minimum ordinance requirements for the retail use based upon the area designated for display and storage of products as determined by the Zoning Administrator. All loading and unloading areas and off-street parking and maneuvering lanes shall be located within the boundaries of the site.

D. All such sales shall be conducted in a manner so as not to create a nuisance to neighboring properties through adequate on-site parking and ingress and egress to the site.

E. Upon discontinuance of the seasonal use, any temporary structures shall be removed within 48 hours.

F. Signs shall conform to the provisions of the district in which the seasonal use is located.

[1] Editor's Note: See also Ch. 244, Christmas Trees.

§ 770-70 Outdoor cafe service.

An outdoor cafe service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted, on private property of the principal use, subject to the following conditions:

A. An outdoor cafe shall be allowed only during normal operating hours of the establishment.

B. All food preparation shall take place inside the establishment.

C. If alcoholic beverages are to be served, the current Liquor Control Commission Rules and Regulations shall apply.

D. The gross area of the cafe shall be included in the required parking calculation.

E. No music, intercom or other noise shall be permitted that impacts adjacent properties.

F. Appropriate screening and/or fencing shall be provided as determined to be necessary and advisable by the Plan Commission in the course of its site plan review process.

G. Cafe service areas shall comply with all regulations and provisions required for the establishment/building.

§ 770-71 Senior accessory housing.

A single-family dwelling unit may be converted to allow the incorporation (within or attached to an existing dwelling) of one additional dwelling unit for an elderly related person in a residential district subject to the following conditions:

A. The dwelling shall be owner-occupied during the duration of the special use permit. The special use permit shall be reviewed by the City every two years from the date of occupancy to determine compliance with all related provisions. The City shall require proof that an elderly family member continues to occupy the additional dwelling unit. This may include but is not limited to a state identification card and/or mail addressed to the individual from federal, state or local agencies or a physician's office. If it is determined by the Zoning Administrator that the permit is in violation of any of the provisions of the Zoning Ordinance or of any other ordinances or regulations of the City, the special land use permit may be suspended or revoked pursuant to § 770-11D, Duration, voiding and extensions of permit.

B. The additional dwelling unit shall not exceed 600 square feet of floor area, unless such parts of an existing dwelling are otherwise arranged or designed to be reasonably, conveniently and safely transformed into a slightly larger one-bedroom unit.

C. A dedicated off-street parking space shall be provided for the senior accessory unit.

D. All residential zoning district bulk and setback requirements shall apply to the site.

E. The property owner shall record with the Oakland County Register of Deeds that the property was used under the provisions of § 770-71, Senior accessory housing, contained within the City of Royal Oak Zoning Ordinance and may not be continued as a two-family land use.

§ 770-72 Senior housing, adult foster care congregate facility and convalescent centers.

A. Intent. These provisions are intended to permit the development of senior housing, adult foster care congregate facility and convalescent centers upon site plan approval by the Plan Commission. The location, size, design, and operating characteristics of the use will be compatible with the character of the surrounding neighborhood, with consideration given to the scale, bulk, coverage, and density of development; to the availability of services and utilities; to the generation of traffic and the capacity of surrounding streets; and to any other relevant impacts of the use.

B. Senior housing, adult foster care congregate facility and convalescent centers shall be subject to the following conditions:

(1) Perimeter setbacks. The minimum yard setbacks from the perimeter property boundaries shall be no less than 25 feet from any public road right-of-way, 50 feet from any adjacent property zoned for single-family residential, and 25 feet from all other property lines. These requirements shall apply in all zoning districts with the exception of the Central Business District; however, the Plan Commission may approve modified perimeter setbacks under the following conditions:

(a) Landscape screening is provided in accordance with the requirements of § 770-90, Landscaping, greenbelts, buffers and screening.

(b) The scale and size of the building is complementary to the adjacent residentially zoned land.

(2) Internal spacing.

(a) Minimum spacing between buildings shall be in accordance with the following requirements:

	Building Orientation	Distance Between Buildings (feet)
	Side/side orientation	20
	Side/front, side/rear orientation	20
	Front/front, front/rear orientation	30

(b) The Plan Commission, in its sole discretion, may reduce building spacing requirements where enclosed, heated walkways are provided and applicable building and fire code requirements are met.

(3) Minimum floor area. Each unit shall comply with the following minimum floor area requirements. In order to provide variation in the size of units offered to prospective residents, at least 25% of the units in each category of room offered (i.e., one- or two-person rooms) shall be 10% larger than the minimum.

	Number of Residents	Minimum Floor Area (square feet)
	One resident per unit	250
	Each additional resident per unit	150

(4) Building design.

(a) No building shall exceed 250 feet in overall length, measured along any continuous elevation. The Plan Commission may permit buildings of greater length when it can be demonstrated that architectural design and natural and topographic features ensure that the building is in scale with the site and surrounding areas.

(b) Building facades of greater than 100 feet in length shall incorporate recesses or projections to break up the expanse of the building elevation.

(c) Architectural interest shall be provided through the use of repeating patterns of change in color, texture and material. All senior housing facilities shall utilize residential exterior materials and design features.

(d) All roofs shall be sloped with a pitch of no less than 5:12. There shall be variations in rooflines to reduce the scale of the building and add interest.

(5) Lighting. All parking areas, building entrances, sidewalks, and ramps shall be illuminated to ensure the security of property and safety of persons using such areas, in accordance with the requirements set forth in § 770-96, Glare and exterior lighting.

(6) Resident and emergency access. The dropoff/pickup of residents shall be provided at the front entrance of the building with a covered canopy. Access to all entry/exit doors and all sides of a building shall be provided in a manner acceptable to the Plan Commission, based on a recommendation from the Fire Department.

§ 770-73 Residential accessory off-street parking lots.

These provisions are intended to limit the development of an accessory parking area within residentially zoned properties as a special land use in accordance with the standards and procedures set forth in § 770-11, Special land uses; permit procedures, provided the final determination of approval, approval with conditions, or denial shall be made by the City Commission following a recommendation from the Plan Commission. Furthermore, residential off-street parking lots shall be subject to the following conditions:

A. No encroachment is permitted unless the City Commission determines that additional encroachment would not be detrimental to the neighborhood as based upon the following criteria:

(1) Complies with the goals, objectives and policies of the Master Plan.

(2) Is designed and constructed to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(3) Will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future.

B. All applicable Article IX, Off-Street Parking and Loading, requirements shall apply unless otherwise stated in this section.

C. No parking shall be permitted between the property line and the front setback prevailing in the zone in which such lot is located or a lesser setback as determined advisable by the City Commission. The resulting open area shall be planted with grass, or otherwise landscaped in accordance with § 770-90, Landscaping, greenbelts, buffers and screening.

D. A six-foot-high masonry wall shall be built along the mutual boundary of the residential accessory parking area and adjacent land zoned to a residential classification, except for the boundary included within a required front setback.

(1) Whenever a lot located in a residential zone and used for accessory parking purposes is located across the street from other land in any residential zone, that portion of the lot used for parking purposes shall be enclosed with a masonry wall. The wall shall be placed along the property line, and the height of said wall shall be no less than 30 inches or greater than six feet or a height as determined to be necessary by the City Commission.

(2) The City Commission may also require additional landscaping in accordance with § 770-90, Landscaping, greenbelts, buffers and screening.

E. Ingress and egress for vehicles to premises used for parking shall be by private drives through the business that the parking is accessory to the alley adjacent to the business and residential property, or by means of streets adjacent to such parking premises where such means of ingress and egress can be established adjacent to an alley and not adjacent to land designated for residential use or as determined advisable by the City Commission.

F. Parking facilities shall be considered as a necessary accessory use, and the required parking area shall be used only for the parking of vehicles of customers, patrons and employees.

G. Not more than two buildings for shelter of attendants shall be erected upon any given parking area, and each such building shall be not more than 50 square feet in area, and no more than 10 feet in height.

H. Not more than one directional sign may be erected at each point of ingress or egress. Such signs shall not exceed four square feet in area and four feet in height and may also bear the name of the enterprise serviced thereby.

§ 770-74 Churches and other institutions for religious worship.

A. A church or other institution for religious worship may be permitted in the residential zones, subject to the following conditions:

(1) Front and side yard setbacks shall be a minimum of 25 feet. Rear yard setbacks shall be a minimum of 35 feet.

(2) The site shall have access from the parking lot to an urban collector as defined in the City's Master Plan.

(3) Accessory uses shall be limited to those permitted and special land uses identified for the zone district. Principal and accessory land uses shall be subject to regulations and general and special provisions outlined in this chapter.

B. A church or other institution for religious worship located in other zones shall be subject to the requirements of the zone in which it is located.

§ 770-75 Materials recovery facility.

A materials recovery facility is for the receipt, temporary storage, handling, sorting, and distribution of solid recyclable materials, subject to the following conditions:

A. All recyclable materials shall at all times be stored within a completely enclosed building.

B. The proposed use must be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding area. A minimum three-acre site is required.

C. The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it shall be such that traffic to and from the use and uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the area nor unduly conflict with the normal traffic of the area. Vehicles loading or unloading shall be contained within the property. All driveways and parking areas on the site shall be hard surfaced to specifications of the Engineering Department.

D. The location and height of buildings or structures and the location, nature, and height of doors, walls and screening devices must be such that the proposed use will not have a detrimental effect upon the neighboring property or the neighboring area in general, nor impair the value of the neighboring property, nor interfere with or discourage the appropriate development and use of adjacent land or buildings or unreasonably affect their value. Such buildings shall be completely enclosed.

E. The location, size, intensity, site layout and periods of operation of any such proposed use must be designed to eliminate any possible nuisance likely to emanate therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights, or the presence of toxic materials.

F. The proposed use must comply in every respect with the special requirements and regulations provided for such use.

G. The proposed use must provide for proper yard space, parking facilities, loading space, setbacks, screening walls, size of buildings, lot area and width and other requirements of this chapter.

H. The proposed use must be in accord with the spirit and purpose of this chapter and not be inconsistent with or contrary to the objectives sought to be accomplished by this chapter and the principles of sound planning.

I. The following activities shall be prohibited, except as noted:

(1) Incineration or open burning in any building or on the site shall be prohibited.

(2) Overnight storage of any refuse material, other than recyclable materials, in any building shall be prohibited.

(3) Dumping or storage of material on the site outside the buildings at any time shall be prohibited.

J. Materials such as recyclable glass, fiber, household appliances and scrap metal temporarily stored outside the buildings must be in transport vehicles or transportable containers.

K. The Plan Commission may impose such reasonable conditions as it deems necessary to protect the public health, safety, and general welfare from excessive noises, vibrations, traffic, obnoxious and unhealthy odors, and any detrimental effects from the general operation of such transfer station.

L. The Plan Commission may impose additional conditions and safeguards as it deems necessary to minimize any adverse effect of a proposed installation on the character of the surrounding area.

§ 770-76 Adult-oriented commercial enterprises and specified services. [1]

In the preparation and enactment of this chapter, it is recognized that there are some uses, which, because of their very nature, have operational characteristics that have a serious and deleterious impact upon residential, office and commercial areas. Regulation of the locations of these uses is necessary to ensure that the negative secondary impact that such businesses have been documented to have will not cause or contribute to the blighting or downgrading of the City's residential neighborhoods, community uses which support a residential environment, and commercial centers. The regulations in this section are for the purpose of locating these uses in areas where the adverse impact of their operations may be minimized by the separation of such uses from one another and from residential neighborhoods and places of public congregation. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

A. Uses subject to these controls are as follows (hereinafter referred to as "regulated uses"):

(1) Adult-oriented commercial enterprises.

(2) Escort services and/or escort agencies.

(3) Massage parlors and/or massage establishments.

(4) Pawnbrokers and/or pawnshops.[2]

[2] Editor's Note: See also Ch. 521, Pawnbrokers.

(5) Tattoo and/or body piercing and/or branding studios.

B. Location. The location of regulated uses within the City shall be subject to the following conditions:

(1) No regulated use shall be permitted within a one-thousand-foot radius of an existing regulated use. Measurement of the one-thousand-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the respective uses are or would be situated.

(2) No regulated use shall be permitted within a one-thousand-foot radius of a school, library, park, playground, licensed group day-care home or center, or church, convent, monastery, synagogue or similar place of worship. Measurement of the one-thousand-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the respective uses are or would be situated.

(3) No regulated use shall be permitted within a one-hundred-fifty-foot radius of any residential zone. Measurement of the one-hundred-fifty-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the respective uses/zones are or would be situated.

C. Miscellaneous requirements.

(1) No person shall reside in or permit any person to reside in the premises of a regulated use.

(2) An adult-oriented commercial enterprise use is in violation of this section if:

(a) The merchandise or activities of the establishment are visible from any point outside the establishment.

(b) The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawings or pictorial representations of any specified anatomical area or sexually explicit activity as defined in this chapter.

(3) The provision of this section regarding massage establishments shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor and osteopath licensed to practice their respective professions in the State of Michigan, or who are permitted to practice temporarily under the auspices of an associate who is duly licensed in the State of Michigan and is normally on the same premises.

[1] Editor's Note: See also Ch. 213, Books, Magazines and Videos, Sale of.

§ 770-77 Gunshops.

A. The property upon which a gunshop is located shall have frontage upon a primary or secondary thoroughfare, as designated in the City of Royal Oak Master Plan.

B. All customer entrances and exits to the gunshop, and all entrances and exits to the gunshop parking lot, shall be directly from the right-of-way of the primary or secondary thoroughfare.

§ 770-78 Bed-and-breakfast facilities.

Bed-and-breakfast facilities shall be subject to the following requirements:

A. Each premises must be occupied and operated by its owner. Banquets, parties and receptions shall not be permitted in bed-and-breakfast facilities located in a residential zoning district.

B. One bathroom for every three bedrooms shall be provided. Guest rooms may share toilet and bathing facilities; however, in no instance shall the owner and guests have shared bathrooms.

C. The maximum number of bedrooms for guests shall not exceed six. Each bedroom shall be no less than 100 square feet.

D. The stay for an individual guest shall be no more than 14 consecutive days and not more than 30 days in a twelve-month period.

E. The operator shall keep a list of all guest stays. The list shall be available for inspection by the City.

F. In addition to the parking required for the residence, one parking space shall be provided for each guest room. The Plan Commission may, as part of its review, modify the number of off-street parking spaces and driveway requirements if it determines that alternate parking requirements and safe and efficient circulation can be provided. These parking requirements may be modified by the Plan Commission based upon site constraints, including, but not limited to, small yards, inadequate space for parking, and the availability of on-street parking.

G. Breakfast service shall be for guests only. No separate cooking facilities shall be allowed in guest bedrooms.

§ 770-79 Hospitals and outpatient medical clinics.

[Amended 10-1-2012 by Ord. No. 2012-16]

A. Hospitals shall be subject to the following requirements:

(1) Such hospitals shall be developed only on sites consisting of at least five acres in area, and no such hospital is permitted on a lot of record.

(2) The proposed site shall have at least one property line abutting a major thoroughfare or collector street, as designated by the City of Royal Oak's Master Plan, and all access to and egress from the site shall be by such thoroughfare or collector street.

(3) The minimum distance of any main or accessory building from adjacent lot lines or rights-of-way shall be 100 feet for front, rear and side yards.

(4) Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence along with a landscape buffer, both in accordance with § 770-90D, Screening between land uses.

(5) Building height shall not exceed 140 feet.

B. Outpatient medical clinics shall be subject to the following requirements:

(1) The proposed site shall have at least one property line abutting a major thoroughfare or collector street, as designated by the City of Royal Oak's Master Plan, and all access to and egress from the site shall be by such thoroughfare or collector street.

(2) Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence along with a landscape buffer, both in accordance with § 770-90D, Screening between land uses.

§ 770-80 Heliopads.

A. No helicopter in excess of 6,000 pounds shall be permitted on a heliopad.

B. Heliopads shall not be permitted within 600 feet of any land in a residential zone.

C. Heliopads shall be designed and constructed in accordance with all applicable federal, state and local ordinances and licensing requirements.

§ 770-81 Miniature golf courses.

A. The Plan Commission, as part of site plan review, shall determine that the lot area and frontage is adequate to support the operation in compliance with all ordinance requirements. Consideration shall be given to the arrangement of outdoor recreation areas, off-street parking and dropoff and pickup drives.

B. The proposed site shall have at least one property line abutting a major thoroughfare or collector street, and all access to and egress from the site shall be by such thoroughfare or street as designated in the City of Royal Oak Master Plan.

C. Any and all recreation equipment shall be setback a minimum of 50 feet and effectively screened from any residential zoned property.

D. Lights used to illuminate the miniature golf course must be so arranged and shielded or hooded as to reflect light away from adjoining premises.

E. No music, intercom or other noise shall be permitted that exceeds the noise standards in 770-94, Noise and vibrations.

F. A surety bond or cash deposit, in an amount not less than $1,000 shall be posted guaranteeing that the premises will be cleared of the miniature golf course should such enterprise be abandoned or discontinued for a period of more than one year.

§ 770-82 Large scale retail facilities.

These provisions are intended to regulate large retail establishments, whether located as an individual use on a single site or as part of a shopping center with a grouping of attached and/or detached buildings. While it is recognized that large scale retail establishments may provide goods and services to City residents, such stores are primarily focused on attracting consumers from a market area larger than the City. Therefore, specific standards are required to ensure that large scale retail stores can be adequately served by and do not create an inordinate impact upon roads, utilities, storm drainage and police and fire services and are subject to the following conditions:

A. Building design standards.

(1) Facades and exterior walls:

(a) Facades greater than 100 feet in length, measured horizontally, shall incorporate projections or recesses extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

(b) Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 50% of their horizontal length.

(c) Building facades must include a repeating pattern that includes no less than two of the following elements:

[1] Color change;

[2] Texture change; and

[3] An expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib.

(2) Roofs. Roofs shall have no less than two of the following features:

(a) Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view are required. Parapets shall not exceed 1/3 of the height of the supporting wall at any point. Such parapets shall feature three-dimensional cornice treatment;

(b) Overhanging eaves, extending no less than three feet past the supporting walls;

(c) Sloping roofs with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run; and

(d) Three or more roof slope planes.

(3) Materials and colors.

(a) Predominant exterior building materials shall be high-quality material, including, but not limited to, brick, stone, and integrally tinted/textured concrete masonry units.

(b) Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.

(c) Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

(d) Exterior building materials shall provide texture to at least 50% of the facade and shall not be completely made up of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.

(4) Entryways. Each principal building on a site shall have clearly defined, highly visible customer entrances.

B. Site design standards.

(1) Parking lot location. No more than 50% of the off-street parking area devoted to the large scale retail establishment shall be located between the front facade of the principal building and the abutting streets.

(2) Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses. Pavement/material changes at drive crossings should be installed where possible to better define pedestrian crosswalks.

(3) Pedestrian circulation.

(a) Internal pedestrian walkways, no less than six feet in width, shall be provided connecting the public sidewalk to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flowerbeds, ground covers or other such materials for no less than 50% of the length of the walkway.

(b) Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least 10 feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

(c) All internal pedestrian walkways which cross or are incorporated with vehicular driving surfaces shall be distinguished from such driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Surface materials used for internal pedestrian walkway shall be designed to accommodate shopping carts.

(4) Central features and community space. Each large scale retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the City, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

(5) Outdoor storage areas shall be prohibited.

§ 770-83 Salvage yards.

In addition to other regulations set forth in this chapter, all salvage yards shall conform to the following requirements:

A. All materials stored outside shall be enclosed within a solid, unpierced fence or wall at least eight feet in height, and not less in height than the materials. The fence or wall shall meet all setback requirements of the district in which the salvage yard is located. All gates, doors, and accessways through said fence or wall shall be of solid, unpierced materials. In no event shall any stored materials be in the area between the lines of said lot and the solid, unpierced fence or wall.

B. All ingress or egress shall be limited to one entrance to an urban collector, as designated by the City of Royal Oak's Master Plan.

C. On the lot on which a salvage yard is to be operated, all roads, driveways, parking lots, and loading and unloading areas shall be paved, so as to limit the nuisance caused by wind-borne dust on adjoining lots and public roads.

§ 770-84 Outdoor display and sales.

A. Outdoor sales and display areas shall be located behind the front face of the building. Outdoor sales and display areas shall be permitted within the required side or rear yard setbacks, provided a minimum ten-foot setback is maintained between the sales and display area and the side and rear lot lines abutting properties. Alternatively, the Planning Commission during the course of its special land use permit and site plan review may establish alternative locations for outdoor sales and display areas as it determines necessary and advisable.

[Amended 4-21-2014 by Ord. No. 2014-04]

B. Outdoor sales and display areas which abut residentially zoned property shall be screened in accordance with § 770-90, Landscaping, greenbelts, buffers and screening.

C. Outdoor sales and display areas shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of Article IX, Off-Street Parking and Loading, or Subsections A and B or create a traffic or safety hazard.

[Amended 4-21-2014 by Ord. No. 2014-04]

(1) Off-street parking and maneuvering lanes shall meet minimum ordinance requirements for the retail use based upon the area designated for display and storage of products as determined by the Zoning Administrator. All loading and unloading areas and off-street parking and maneuvering lanes shall be located within the boundaries of the site.

(2) All areas intended for the outdoor sales and display of vehicles and manufactured homes shall be designed and constructed in accordance with § 770-109, Off-street parking lot design and construction.

D. Outdoor storage of vehicle parts, parts salvage or supplies is prohibited.

E. The applicant shall file a pollution incidence protection plan (PIPP) for storage of any petroleum products and hazardous materials in accordance with Rule 162 of the Michigan Water Resources Commission Act (PA 245 of 1929, as amended).[1]

[1] Editor's Note: PA 245 of 1929 (MCLA § 323.1 et seq.) was repealed by PA 1994, Act No. 451. See now MCLA § 324-3101 et seq.

F. All such outdoor sales and display areas shall be conducted in a manner so as not to create a nuisance to neighboring properties through adequate on-site parking and ingress and egress to the site.

[Added 4-21-2014 by Ord. No. 2014-04]

G. The Planning Commission may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, traffic, obnoxious and unhealthy odors and any detrimental effects to the general operation of any outdoor sales and display areas.

[Added 4-21-2014 by Ord. No. 2014-04]

§ 770-85 Mixed use development regulations.

Uses within the Mixed Use 1 and 2 Zones shall be subject to the following development regulations:

A. Site access. Access to public roads shall be controlled in the interest of public safety. Each building or group of buildings and its parking or service area shall be subject to the following restrictions:

(1) Provisions for circulation between adjacent parcels are encouraged through coordinated or joint parking systems.

(2) Driveway placement must be such that loading and unloading activities will not hinder vehicle ingress or egress.

(3) When applicable, the major access to the site shall be located through a rear access drive to be shared by all adjoining uses, provided said access would not result in more traffic onto a residential neighborhood.

(4) In most cases, a maximum of one two-way driveway opening or a pair of one-way driveway openings shall be permitted to a particular site from each adjacent public road. Common driveways shall be considered to be one driveway.

B. Pedestrian pathways and sidewalks. Such systems shall provide safe, all-weather, efficient, and aesthetically pleasing means of on-site movement and shall be an integral part of the overall site design concept. Pedestrian pathway connections to parking areas, buildings, other amenities and between on-site and perimeter pedestrian systems shall be planned and installed wherever feasible. All paths and sidewalks shall be a minimum of five feet in width, and paved.

C. Landscaping/streetscape elements. It is the intent of this section to ensure that the image of the City is promoted by the organization, unification and character of the landscaping used. In an attempt to unify the building sites and their architecture, landscaping as a design element will play a key role in creating and conveying a user-friendly environment. The landscape/streetscape requirements are as follows:

(1) Street intersections. The streetscape at intersections is to be treated with elements of pavers, lighting, accent plants and low-growing shrubs, provided the site distance requirements are maintained. Each of the elements shall be reviewed simultaneously with the site plan by the Plan Commission.

D. General site design/architectural guidelines. It is the intent of the special use to provide an environment of high-quality and complementary building architecture and site design. Special emphasis shall be placed upon methods that tend to reduce the large-scale visual impact of buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with the streetscape and neighboring residential areas in terms of design, scale and use.

(1) Site planning design criteria.

(a) Minimum conflict shall exist between service vehicles, private automobiles, and pedestrians within the site, as well as with respect to the character of any neighboring residential uses.

(b) Special architectural features, such as bay windows, decorative roofs and entry features may project up to three feet into a required setback, provided that they are not less than nine feet above any public sidewalk or private walkway. Trellises, canopies and fabric awnings may project up to five feet into front setbacks, provided that they are not less than eight feet above any public sidewalk or private walkway. No such improvements shall encroach into a right-of-way.

(2) Building roofs.

(a) In instances where flat roof areas can be viewed from above, care should be taken that all roof vents, roof-mounted mechanical equipment, pipes, etc., are grouped together and painted to match roof color to reduce their appearance. Location of such mechanical equipment shall be as far removed from all neighboring residential uses as is possible.

(b) Slope roof treatments are preferred. If required to conceal mechanical equipment, parapets at least 42 inches high or higher, shall enclose flat roofs.

(c) There shall be variations in rooflines to reduce the massive scale of the structure and add visual interest.

(3) Color and texture.

(a) Simple and uniform texture patterns are encouraged.

(b) Variations in color shall be kept to a minimum.

(c) Colors shall be subdued in tone and of a low reflectance.

(d) Accent colors may be used to express corporate identity.

§ 770-86 Utilities and communication devices.

A. All exterior on-site utilities, and communication devices, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment, shall be installed and maintained underground whenever possible.

B. On-site underground utilities, and communication devices, shall be designed and installed to minimize disruption of off-site utilities, communication devices, paving, and landscape during construction and maintenance.

C. Satellite dishes and antennas shall be as far removed from all neighboring residential uses as is possible, and otherwise comply with the setback standards.

D. Wireless communications devices are regulated by § 770-88, Wireless communications devices.

§ 770-87 Special redevelopment projects.

A. Intent.

(1) Several properties within the City were improved many years ago for hotel and motel use. At the time such uses were approved, the needs and specifications for them were considerably different than they are at present. Land use regulations applicable to such uses have been modified in order to reflect the changing needs and realities. Consequently, the properties and structures initially designed and constructed for hotel and motel use many years ago are now materially nonconforming and are no longer capable of properly serving for their intended purposes.

(2) In addition to hotel and motel land uses, this section shall also address the recent closure of several public schools. Declining enrollment and older facilities have prompted the Royal Oak School District to discontinue use of several schools in the few years. These schools are located within the One-Family Residential Zone District.

(3) The City of Royal Oak Plan Commission has also identified other sites that are obsolete or materially nonconforming.

(4) Therefore, in the interest of promoting a productive use of such properties, as contemplated in Public Act 110 of 2006, as amended, MCLA § 125.3201, this section is intended to authorize redesign and redevelopment of such older uses consistent with the adaptability of the land on which they are situated, and compatible with surrounding residences, properties and uses.

B. Qualification for treatment under this section.

(1) The applicant shall demonstrate compliance § 770-11C, Basis of determinations, for a special land use permit, as well as the following:

(a) The existing structures on the property were initially constructed for hotel and/or motel use, public schools, or other sites identified by the Plan Commission as possible for a special redevelopment district.

(b) For hotels and/or motels, public schools and other sites as identified by the Plan Commission, the applicant proposes to redevelop the property by removing or making material modifications, discontinuing the existing use(s) on the property, and establishing a new use consistent with the intent and provisions of this section.

(c) A recognizable and material benefit to the City will result from the redevelopment.

(d) The proposed use and improvements shall not result in an unreasonable increase in the need for or burden upon public services, facilities, streets and utilities.

(e) The proposed use and improvements will result in an advantageous economic impact upon surrounding properties.

(f) The current structures on the property are materially nonconforming and/or the use is obsolete. For the purposes of this subsection, obsolete are those hotels and motels existing or built prior to the adoption of the chapter, those schools identified by the Royal Oak School Board as obsolete and those properties identified by the Plan Commission as special redevelopment sites.

(g) The proposed use and improvements shall be consistent with the goals and policies of the Master Plan and consistent with the intent of this section, as set forth in Subsection A, above.

(h) The proposed use is compatible with adjacent and nearby residential uses.

C. Procedure for review.

(1) Preapplication conference. Prior to the submission of an application under this section, the applicant shall meet with the Planning Director, together with any staff and consultants the Director deems appropriate. The applicant shall present at such conference a sketch plan of the proposed redevelopment, along with other information and specifications to adequately inform the City of the intended application.

(2) Preliminary plan. Following the preapplication conference, the applicant shall submit a preliminary site plan of the proposed redevelopment. The preliminary site plan shall be prepared and a public hearing held in accordance with § 770-12 (intent statement), § 770-12C(2) and (3), site plan. In addition, a narrative report prepared by the applicant shall accompany the site plan, providing a description of the redevelopment, and discussing the market concept and feasibility of the project, and discuss and describe the manner in which each of the criteria under Subsection B, above, have been and will be met.

(3) Plan Commission action. The preliminary plan shall be noticed for public hearing as a special land use before the Plan Commission. Following the hearing, the Plan Commission shall review the preliminary plan and shall either approve, deny or approve with conditions.

(4) Final plan. Within six months following receipt of Plan Commission approval of a preliminary plan, the applicant shall submit a final plan and supporting materials conforming to this subsection. If a final plan is not submitted by the applicant within such six-month period, the preliminary plan approval shall be null and void. The information required as part of a final plan shall be as follows:

(a) All the information required for preliminary plan purposes.

(b) A schedule of intended development and construction details, including phasing and timing.

(c) A specific schedule of the general improvements to constitute a part of the redevelopment, including, without limitation, lighting, signage, and all mechanisms designed to promote the character and adaptability of the development.

(d) A specification of the exterior building materials with respect to the structures proposed in the project.

(5) Plan Commission action. The final plan shall be reviewed by the Plan Commission and either approved, denied or approved with conditions.

D. Project design standards. Subject to the qualifications for treatment under this section, set forth in Subsection B, above, and provided that the development and proposed uses are consistent with the intent and provisions of this section, any land use or a combination of land uses may be proposed for approval under this section.

(1) For proposed residential uses, the project density shall be determined by the Plan Commission, and based on the applicant demonstrating the following: consistency with the Master Plan; innovative planning and design excellence; positive relationship to adjacent land uses; adequate provision for pedestrian and vehicular safety; promotion of aesthetic beauty; internal compatibility on the property; adequate provisions to accommodate the health, safety, and welfare of the users of the project. Moreover, deviations from the applicable setbacks, parking and loading, general provisions, and other requirements may be granted as part of the overall approval, provided there are features or elements demonstrated by the applicant and deemed adequate by the Plan Commission designed into the project plan for the purpose of achieving the promotion and protection of the users of the project, all surrounding land uses, and the general public health, safety, and welfare.

(2) For proposed nonresidential uses, there shall be adequate separation and buffering from adjoining residential uses, as determined in the discretion of the Plan Commission, and all development design standards and regulations of the district in which the property is situated shall be met, provided that deviations from the applicable setbacks, parking and loading, general provisions, and other requirements may be granted as part of the overall approval, provided there are features or elements demonstrated by the applicant and deemed adequate by the Plan Commission designed into the project plan for the purpose of achieving the promotion and protection of the users of the project, all surrounding land uses, and the general public health, safety, and welfare. Separation and buffering of uses may, in the discretion of the Plan Commission, be required to achieve noise reduction and visual screening by means of earthen and/or landscape berms and/or decorative walls, or other mechanisms found in the discretion of the Plan Commission to be appropriate. Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development, and natural features of the area, and shall be subject to review and approval by the Plan Commission.

E. Conditions. Reasonable conditions may be required with the approval of a special land use under this section, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by the proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, ensuring capability with adjacent land uses, and promoting the use of land in a socially and economically desirable manner.

F. Approval initiated by City administration. In the event the City administration determines that it would promote the intent of this section, and otherwise be in the interest of the City, the City administration may initiate the process of review and approval of a special land use under this section with regard to any one or more properties in the City. In the event of an approval of a special land use under this section initiated by the City administration, the property owner shall not be obligated to use or develop the property consistent with such approval, but shall have the right to do so. In addition, a property owner shall be authorized to seek an amendment of any special land use granted under this section at the initiation of the City administration, provided that the approval remains effective.

G. Effect of approval. When approved, the special land use, with all conditions, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such authorization. In connection with the approval of a final plan, the Plan Commission shall require the preparation and execution of a development agreement, containing the basic terms and provisions of the approval, a clarification of the mutual understanding of the parties with regard to the lawfulness of the development approval and any conditions imposed. The development agreement shall be prepared by the City Attorney and approved by the Plan Commission as part of the final plan approval. An approval of a special land use under this section initiated by the City Administrator shall remain valid for the period of time specified in the approval. All other approvals under this section shall remain valid for a period of one year.

§ 770-88 Wireless communication facilities.

[Amended 10-1-2012 by Ord. No. 2012-14]

A. Purpose and intent.

(1) It is the general purpose and intent of the City to authorize communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the City to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.

(2) Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:

(a) Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

(b) Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.

(c) Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones.

(d) Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

(e) Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way.

B. Authorization.

[Amended 3-30-2020 by Ord. No. 2020-03]

(1) Permitted uses. Subject to the standards and conditions set forth in Subsection C, wireless communication facilities shall be permitted uses in the following circumstances, and in the following zoning districts:

(a) Co-location of attached wireless communication facilities.

[1] Co-location of an attached wireless communication facility shall be a permitted use in the following circumstances:

[a] When attached upon an existing wireless communication support structure or within an existing wireless communication equipment compound within any zoning district.

[b] When attached upon an existing building or structure other than a wireless communication support structure within any zoning district other than One-Family Residential or One-Family Large Lot Residential.

[c] When attached upon a utility pole, transmission tower, water supply tower, or structure other than a wireless communication support structure located within a right-of-way or upon municipally owned property, regardless of zoning district.

[2] Any co-location allowed under Subsection B(1)(a)[1][a] through [c] above shall be considered a permitted use and not subject to approval of a special land use permit, provided the support structure, equipment compound, building, pole, or tower are in compliance with this chapter or have been previously approved by the Planning Commission, and further provided:

[a] The proposed co-location will not increase the originally approved overall height of any support structure within a right-of-way or any wireless communication equipment by more than 10 feet or 10% of its original height, whichever is greater, or the originally approved overall height of any support structure outside of a right-of-way by more than 10% or the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;

[b] The proposed co-location will not increase the width of any support structure outside of a right-of-way by more than 20 feet or the width of the support structure at the level of the additional antenna array, whichever is greater, or the width of any support structure within a right-of-way or any wireless communication equipment by more than six feet;

[c] The proposed co-location will not increase the area or height of the existing equipment compound by more than 10%, will not increase the number of any equipment shelters, cabinets, or emergency generators by more than four feet, or will not add any equipment shelters, cabinets, or emergency generators where none currently exist;

[d] The proposed co-location will not involve excavation or deployment beyond the current boundaries of the leased or owned property surrounding any support structure outside of a right-of-way, including any access or utility easements, or beyond the area in proximity of any support structure within a right-of-way and any wireless communication equipment already deployed on the ground;

[e] The proposed co-location will not defeat the concealment elements of any landscaping or screening required under Subsection C(1)(h) or D(2), or any alternative support structure design required under Subsection C(1)(i); and

[f] The proposed co-location complies with the terms and conditions of any previous special land use permit and/or site plan approval of the support structure or equipment compound by the Planning Commission and/or Zoning Administrator, unless any noncompliance is due to an increase in height or width, the addition of equipment, or new excavation allowed under Subsection B(1)(a)[2][a] through [e] above.

[3] Such applications shall be reviewed administratively by the Zoning Administrator; however, such applications shall still be subject to the required standards and conditions of Subsection C(1) and the application requirements of Subsection D, and all other applicable standards of this section and chapter. The Zoning Administrator shall approve or deny such applications not more than 60 days after determining they are administratively complete. If the Zoning Administrator fails to timely approve or deny the application, the application shall be considered approved, and the Zoning Administrator shall be considered to have made any determination required for approval.

(b) Wireless communication support structures. Wireless communication support structures shall be a permitted use in the following circumstances: in the General Industrial Zoning District; or upon any municipally owned property, regardless of zoning district. Such applications shall require, at a minimum, site plan review before the Planning Commission according to § 770-12, Site plan review, and be subject to all other applicable standards of this section and chapter.

(2) Special land uses. If it is demonstrated by an applicant that a wireless communication facility may not be reasonably established as a permitted use and is required to be established at a location other than those identified in Subsection B(1)(a) and (b) above in order to operate, such wireless communication facilities may be permitted elsewhere in the City as a special land use, subject to the requirements and standards of § 770-11, Special land uses; permit procedures, and further subject to the standards and conditions in Subsection C(2) and the application requirements in Subsection D. At the time of the submittal, the applicant shall demonstrate that a location within the areas identified in Subsection B(1)(a) and (b) cannot reasonably meet the coverage and/or capacity needs of the applicant.

C. General regulations.

[Amended 3-30-2020 by Ord. No. 2020-03]

(1) Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed, constructed and maintained in accordance with the following standards and conditions, along with any additional conditions imposed by the Planning Commission as it deems necessary and advisable in the course of its site plan review process:

(a) Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare; shall be located and designed to be harmonious with the surrounding areas; and shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

(b) The maximum height of any new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to co-locate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

(c) Any accessory building enclosing wireless communication equipment shall be limited to the maximum permitted height for accessory structures within the respective zoning district.

(d) The setback of a support structure from any One-Family Residential or One-Family Large Lot Residential Zoning District shall be no less than the height of the structure. The setback of a support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure. The Planning Commission may allow lesser setbacks in order to reduce the impact of a support structure, or if it is demonstrated by an applicant under Subsection D(3) that, if damaged, the support structure will either collapse on itself or fall within a distance less than its height.

(e) There shall be an unobstructed access drive to the support structure for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of 14 feet in width and shall be hard surfaced as required in Subsection A of § 770-109, Off-street parking lot design and construction.

(f) The division of property for the purpose of locating a wireless communication facility is prohibited unless all requirements and conditions of this chapter are met.

(g) Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.

(h) The base of a support structure and its equipment compound shall be screened as required in § 770-90D, Screening between land uses, unless the Planning Commission in the course of its site plan review process determines alternate requirements are necessary and advisable. Any fencing required for protection of the support structure or equipment compound and security from unauthorized access shall comply with Chapter 323, Fences, as amended, unless modified by the Planning Commission in the course of its site plan review process.

(i) Support structures may be of an alternative design, if determined necessary and advisable by the Planning Commission in the course of its site plan review process, such as but not limited to a statue or sculpture, steeple, bell or clock tower, flagpole, tree, or other form which is determined by the Planning Commission to be compatible with the existing character of the proposed site and surrounding neighborhood. The Planning Commission shall review and approve the color of the support structure and all accessory buildings, so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings.

(j) Support structures shall be constructed in accordance with all applicable building codes. The requirements of the Federal Aviation Administration, Federal Communications Commission, and Michigan Aeronautics Commission shall be noted.

(k) It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

(2) Standards and conditions applicable to special land use facilities. Applications for wireless communication facilities which may be approved as special land uses shall be reviewed and, if approved, constructed and maintained in accordance with the standards and conditions in Subsection C(1) and in accordance with the following standards:

(a) The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors: proximity to an interstate or a major thoroughfare; areas of population concentration; concentration of commercial, industrial, and/or other business centers; areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions; topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate; and other specifically identified reasons creating facility need.

(b) The proposal shall be reviewed in conformity with the co-location requirements of Subsection E below.

(c) After an application for a special land use approval is filed with the City, the Zoning Administrator shall determine whether the application is administratively complete. Unless the Zoning Administrator proceeds as provided under Subsection C(2)(d), the application shall be considered to be administratively complete when the Zoning Administrator makes that determination or 14 business days after the Zoning Administrator receives the application, whichever is first.

(d) If, before the expiration of the fourteen-day period under Subsection C(2)(c), the Zoning Administrator notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the fourteen-day period under Subsection C(2)(c) is not tolled until the applicant submits to the Zoning Administrator the specified information or fee amount due. The notice shall be given in writing or by electronic notification.

(e) The Planning Commission shall approve or deny an application not more than 90 days after the application is determined by the Zoning Administrator to be administratively complete for all facilities requiring a special land use permit. If the Planning Commission fails to timely approve or deny the application, the application shall be considered approved, and the Planning Commission shall be considered to have made any determination required for approval.

(f) The fee for an application for wireless communication facilities which may be approved as special land uses shall be as set by state or federal law or regulations.

D. Application requirements.

[Amended 3-30-2020 by Ord. No. 2020-03]

(1) An application for a wireless communication facility shall include a site plan prepared in accordance with § 770-12, Site plan review.

(2) A site plan for a support structure and/or equipment compound shall also include a detailed landscaping plan illustrating screening, aesthetic enhancement, and security fencing for the support structure base, accessory buildings and enclosure.

(3) An application for a support structure shall also include a signed certification by a licensed professional engineer with regard to the manner in which the proposed support structure will fall or collapse, which certification will be utilized, along with other criteria such as applicable regulations for the zoning district in question, in determining the appropriate setback to be required for the support structure and related facilities.

(4) An application shall include, at the discretion of the Zoning Administrator, a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in Subsection F below. In this regard, the security shall, at the election of the Zoning Administrator, be in the form of cash; surety bond; letter of credit; or an agreement in a form approved by the City Attorney and recordable at the office of the Oakland County Registrar of Deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section of this chapter, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the City in securing removal.

(5) An application shall also include a map showing existing and known proposed wireless communication facilities within the City, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the City in the location, and in the area, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the City, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with MCLA § 15.243(1)(g). This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the City.

(6) An application shall also include the name, street address, telephone number, and email address of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

E. Co-location.

[Amended 3-30-2020 by Ord. No. 2020-03]

(1) Statement of policy. It is the policy of the City to minimize the overall number of newly established locations for wireless communication support structures and encourage the co-location of attached wireless communication facilities on existing structures.

(2) Feasibility of co-location. Co-location shall be deemed to be "feasible" for purposes of this section where all of the following are met:

(a) The wireless communication provider entity under consideration for co-location will undertake to pay market rent or other market compensation for co-location.

(b) The site on which co-location is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

(c) The co-location being considered is technologically reasonable, e.g., the co-location will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

(d) The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the City, taking into consideration the standards set forth in this section.

(3) Requirements for co-location.

(a) Approval for the construction and use of a new wireless communication support structure shall not be granted unless and until the applicant demonstrates that a feasible co-location is not available for the coverage area and capacity needs.

(b) All new and modified wireless communication facilities, including support structures, shall be designed and constructed so as to accommodate co-location.

(c) If a party who owns or otherwise controls a facility shall fail or refuse to alter it so as to accommodate a proposed and otherwise feasible co-location, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect in accordance with § 770-115, Nonconforming structures.

F. Removal.

(1) The City reserves the right to request evidence of ongoing operation at any time after the construction of an approved support structure.

(2) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

(a) When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

(b) Six months after new technology is available at reasonable cost as determined by the City Commission, which permits the operation of the communication system without the requirement of the support structure.

(3) The situations in which removal of a facility is required, as set forth in Subsection F(1) above, may be applied and limited to portions of a facility.

(4) Upon the occurrence of one or more of the events requiring removal, specified in Subsection F(2) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Administrator.

(5) If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.