For the purpose of this chapter, the City of
Royal Oak is hereby divided into the following zones:
|
One-Family Residential
|
|
One-Family Large Lot Residential
|
|
Two-Family Residential
|
|
Multiple-Family Residential
|
|
Office Service
|
|
Neighborhood Business
|
|
Neighborhood Business II
|
|
Central Business District
|
|
Regional Business
|
|
General Business
|
|
General Industrial
|
|
Mixed Use 1
|
|
Mixed Use 2
|
|
Planned Unit Development
|
|
Special Redevelopment
|
A.
Identified. The zoning districts as provided in § 770-19, Zone designations, are bounded and defined as shown on the map entitled "Zoning Map of the City of Royal Oak." The Zoning Map, along with all notations, references, and other explanatory information, shall accompany and be made a part of this chapter.
B.
Authority. Regardless of the existence of purported
copies of the Zoning Map which may be published, a true and current
copy of the Zoning Map available for public inspection shall be located
in and maintained by the office of the City Clerk. The Clerk's copy
shall be the final authority as to the current status of any land,
parcel, lot, zone, use, building, or structure in the City.
C.
Interpretation of district boundaries. Where uncertainty
exists with respect to the boundaries of any of the districts indicated
on the Zoning Map, the following rules shall apply:
(1)
A boundary indicated as approximately following the
center line of a street, highway, alley, easement, or right-of-way
shall be construed as following such center line. Upon vacation of
a public right-of-way, the adjacent zone district to which the vacated
land is distributed shall govern the zone designation for the vacated
land.
(2)
A boundary indicated as approximately following a
recorded lot line or the line bounding a parcel shall be construed
as following such line.
(3)
A boundary indicated as approximately following a
municipal boundary line shall be construed as following such line.
(4)
A boundary indicated as following a railroad line
shall be construed as being located at the center line of said right-of-way.
Upon vacation of a public right-of-way, the adjacent zone district
from which the vacated land is distributed shall be construed as the
new boundary line.
The regulations herein established within each
zoning district shall be the minimum regulations for promoting and
protecting the public health, safety, and general welfare and shall
be uniform for each class of land, buildings, structures, or uses
throughout each district. Except as hereinafter provided, district
regulations shall be applied in the following manner:
A.
Uses in zoning districts.
(1)
Permitted uses. Permitted uses shall be permitted by right only if specifically listed in the various zones or as determined in compliance with Subsection A(4).
(2)
Accessory uses. Accessory uses are permitted only
if such uses are clearly incidental to the permitted principal uses
and specifically permitted in the zone district.
(3)
Special land uses. Special land uses are permitted at the discretion of the Plan Commission, or as otherwise specified herein, according to the terms of § 770-11, Special land uses; permit procedures, and only if specifically listed in the various zones.
(4)
Determination of similar use.
(a)
In recognition that every potential land use
cannot be specifically addressed in this chapter, land uses may also
be permitted in a given zone if the Zoning Administrator determines
that the use is similar to a permitted or special land use within
the respective zone; the use is not specifically listed as either
a permitted or special land use in any other zone; and, the use is
not specifically prohibited by this chapter.
(b)
The Zoning Administrator shall select the use
listed in that zone which most closely resembles the proposed use
and the proposed use shall comply with all requirements and standards
applicable to that similar use. The determination as to whether a
proposed use is similar in nature and class to another permitted or
special land use within a zone shall be considered an expansion of
the use regulations. Any use determined by the Zoning Administrator
to be a similar use shall thereafter be included in the enumerations
of permitted or special land uses in that zone.
(5)
Outdoor uses and activities. All permitted uses, special land uses,
and accessory uses shall be conducted entirely and completely within
an enclosed building, except as expressly permitted by this chapter.
[Added 4-21-2014 by Ord. No. 2014-04]
B.
Application of area, width and frontage regulations.
(1)
The area and width of a lot shall not be reduced below the minimum requirements herein established for the zone in which such lot is located, except as set forth in Subsection B(2). For purposes of this chapter, two or more contiguous lots held under common ownership shall be considered one lot.
(2)
In One-Family Residential and One-Family Large Lot
Residential Zoning Districts, a single lot of record or two or more
contiguous lots under the same ownership shall not be further divided
for the purpose of erecting a single-family dwelling unless the following
conditions are met:
(a)
The Zoning Administrator shall determine that
the proposed lot(s) are the same size or larger than the majority
(50% or more) of the developed lots in the area. The Zoning Administrator
shall evaluate the width, depth and area of the lot(s) when determining
compatibility with the developed lots in the area. The proposed lot
shall be equal to or greater in width, depth and area than the developed
lots in the area to be considered under this provision. For purposes
of this subsection, "area" shall mean the following:
[1]
Lots with the same zoning; and
[2]
The "area" shall be determined as follows:
[a]
Interior lots, within a defined
block: analysis shall include interior lots on both sides of a street
upon which the subject property is located; or
[b]
Interior lots, when no defined
block exists: analysis shall include interior lots on both sides of
the street within 300 linear feet upon which the subject property
is located; or
[c]
Corner lots: analysis shall include
the corner lots located at the same intersection upon which the property
is located.
(b)
All other ordinance requirements shall apply.
(c)
If all the criteria are not met, such lot(s)
shall not be developed, divided, utilized or sold in a matter which
diminishes compliance with lot and/or area requirements of this chapter.
(3)
Every lot shall have direct access to and required
frontage upon a public or private street which has been approved by
the City and constructed to City standards.
C.
Application of setback regulations.
(1)
No part of a required setback for any building or
use shall be included as a part of a required setback for another
building or use.
(2)
All required front yard setback lines shall be the
minimum perpendicular distance measured from the right-of-way of the
road upon which a lot or parcel fronts to the nearest point of the
principal structure.
(3)
All required side and rear yard setback lines shall
be the minimum perpendicular distance between the nearest point on
the side or rear of the structure and the side or rear lot line parallel
thereto.
(4)
On all corner lots, the required front setbacks shall
be provided along both street frontages, unless otherwise noted herein.
(5)
Exceptions.
(a)
Terraces, patios, decks and similar structures
that are unroofed, without walls or other continuous enclosure and
located at grade: no setback shall be required. Terraces, patios,
decks and similar structures that are unroofed, without walls or other
continuous enclosure and located six inches or more above grade shall
be located a minimum of three feet from the rear lot line and a minimum
of three feet from the side lot line if located entirely within the
rear yard. If located in the side yard, all required setbacks for
the principal structure shall apply.
(b)
Unenclosed porches and steps may extend from
the face of the building into a required front yard setback a distance
not more than seven feet, and shall not exceed one story in height.
Enclosed porches and other enclosed appurtenances shall be considered
an integral part of the building to which they are attached and shall
be subject to all yard requirements thereof.
(c)
Chimneys, flues, belt courses, leaders, sills,
pilasters, cornices, eaves, gutters, bay windows, buttresses and similar
features may project into any required yard setback a maximum of 24
inches. Cantilevers, bays and other similar projections containing
floor area shall meet the minimum setbacks for the building.
D.
Application of height regulations.
(1)
No building shall be erected, converted, enlarged,
reconstructed, or structurally altered to exceed the height limit
hereinafter established for the zone in which the building is located.
(2)
Measuring height. The height of a building is the distance between the average of the finished grade at the base of the front of the building to the mid-point of the roof surface for pitched roofs and to the roofline for flat roofs. (See § 770-8, definition of "building height," Figure 2.[1])
[1]
Editor's Note: Figure 2 is included at the end of this chapter.
(3)
Exceptions. Roof structures for the housing of elevators,
stairways, tanks, ventilating fans, or similar equipment required
to operate and maintain the building, and fire or parapet walls, skylights,
towers, steeples, screens, chimneys, smokestacks, water tanks, television,
radio and satellite antennae, belfries, stage towers or scenery lofts,
ornamental spires, flagpoles, wind or solar energy systems, or similar
structures may be erected above the height limits herein prescribed,
but shall remain proportional to the principal building. To reduce
the impact on adjacent properties and public rights-of-way, all roof
structures shall be effectively screened and setback from the building
edge a distance equal to its height or a distance as determined necessary
by the Zoning Administrator. No such structure shall exceed by more
than 15 feet above the height limit of the district in which it is
located.
[Amended 6-15-2009 by Ord. No. 2009-06]
E.
Location and number of buildings on a lot of record.
(1)
Every building erected, altered, or moved shall be
located on a lot of record as defined herein.
(2)
There shall be only one single-family dwelling permitted
per lot, unless otherwise permitted elsewhere in this chapter. Where
there is more than one single-family dwelling located on a lot of
record at the time of adoption of this chapter, said lot shall not
be divided except in conformity with the requirements of this chapter.
A.
Requirements applicable to accessory buildings within
residential districts.
(1)
No accessory building shall be built upon a lot or
parcel unless and until a principal building is erected, and shall
not exceed two accessory structure(s) per lot.
(2)
Accessory buildings shall only be located within the
side or rear yards. Accessory buildings not located entirely within
the rear yard shall comply with all setbacks required for the principal
building.
(3)
The accessory building may extend beyond the first
floor of the front building line by no more than seven feet, provided
it does not encroach into the required front yard setback.
(4)
Accessory buildings shall be located a minimum of
three feet from the adjacent rear lot line and a minimum of three
feet from the side lot line when located entirely within the rear
yard.
(5)
The sum total floor area of all accessory buildings
shall not exceed 10% of the lot area, provided that in no instance
shall the total ground floor area of all accessory buildings exceed
800 square feet.
(6)
Accessory buildings shall be included in the total
lot coverage limitations.
(7)
Accessory buildings shall not exceed 13 feet in height.
Additional height may be permitted of up to 15 feet, provided one
additional foot of setback is provided beyond the minimum required
setback for each additional one foot in height.
(8)
The width of an accessory building shall not be greater
than 50% of the total width of the principal building's primary facade
as determined by the Zoning Administrator.
(9)
Where a corner lot adjoins the side boundary of a
lot in a residential zone, no part of any accessory building within
25 feet of the common lot line shall be nearer the street bounding
the front lot line than the required front yard setback along such
street.
(10)
Where a public alley lies to the rear of the lot and a garage is entered at right angles to a public alley, it shall be setback no less than 10 feet from the rear lot line. Accessory buildings shall comply with § 770-29, Visibility at intersections.
(11)
An accessory building does not include a combination
of services, which makes it easily convertible to habitable space.
The combination of services may include water, sewer, gas, electric,
telephone, and/or cable as determined by the Zoning Administrator.
(12)
All accessory buildings shall have either a
mansard, hip, gambrel or gable roof and shall be compatible with the
principal structure.
B.
Requirements applicable to accessory buildings within
all other zones. Accessory buildings shall be subject to the same
placement, coverage and height requirements as principal buildings
in the zone district in which it is located.
A.
One-Family Residential and One-Family Large Lot Residential
Zones. The minimum usable floor area for a single-family dwelling
unit shall be determined by the minimum usable floor area of the existing
adjacent single-family dwelling units. The adjacent single-family
dwelling unit with the smallest usable floor area shall establish
the minimum usable floor area; however, in no case shall the minimum
usable floor area as contained in the records of the City Assessor's
office be less than 1,000 square feet for a one-family dwelling or
1,300 square feet for a one-family large lot dwelling. Adjacent dwelling
units shall be those units located to the side or front of the subject
parcel. The front and side property line of the subject parcel shall
be extended in either direction, crossing no more than one street
right-of-way until an adjacent parcel with an existing structure is
reached. Single-family dwelling units adjacent to the rear property
line shall not be considered and are hereby specifically excluded
from consideration when determining minimum usable floor area.
B.
Two-Family Residential Zone. Every building hereafter erected or structurally altered for a one-family dwelling shall conform to the usable floor area requirements given in Subsection A; for two-family residences the usable floor area for each dwelling shall be determined by the minimum usable floor area of the existing adjacent two-family residences. The adjacent two-family dwelling unit with the smallest floor area in an individual unit shall establish the minimum usable floor area; if none exists, the adjacent single-family dwellings shall be used, and each dwelling unit within the proposed two-family unit shall be 80% of that required for the one-family dwelling as determined by Subsection A. However, in no case shall a two-family dwelling unit have an individual unit with a usable floor area below 800 square feet. Adjacent two-family dwelling units shall be those units located to the side or front of the subject parcel. The front and side property line of the subject parcel shall be extended in either direction, crossing no more than one street right-of-way until an adjacent parcel with an existing two-family dwelling unit is reached. Two-family dwelling units adjacent to the rear of property line shall not be considered and are hereby specifically excluded from consideration.
C.
Multiple-Family Residential Zone. Every building hereafter erected or structurally altered for a one-family dwelling shall conform to the usable floor area requirement given in Subsection A; for two-family residences, the usable floor area for each unit shall conform to the requirements established in Subsection A; for multiple dwellings other than special group-housing developments, the minimum square feet of living space for each family shall be subject to the following space requirements:
|
Number of Bedrooms
|
Minimum Living Space
(square feet)
| |
|---|---|---|
|
Efficiency
|
250
| |
|
1-bedroom unit
|
450
| |
|
2-bedroom unit
|
600
| |
|
3-bedroom unit
|
750
|
No site built, mobile homes, modular housing,
or prefabricated housing located outside a mobile home park shall
be permitted unless said dwelling unit conforms to the following standards:
A.
Square footage. A dwelling unit shall comply with
the minimum floor area requirements of this chapter.
B.
Dimensions. A dwelling unit shall have a minimum width
across any front, side, or rear elevation of 20 feet.
C.
Foundation. A dwelling unit shall be firmly attached
to a permanent foundation constructed on the site in accordance with
the Building Code and shall be securely anchored to the foundation
in order to prevent displacement during windstorms. Dwelling units
shall not be installed with attached wheels. Additionally, no dwelling
shall have any exposed towing mechanism, undercarriage, or chassis.
All home occupations shall be subject to the
following requirements:
A.
A home occupation must be clearly incidental to the
principal use of the dwelling unit for dwelling purposes. No more
than 10% of the floor area of the dwelling shall be devoted to a home
occupation. All activities shall be carried on within an enclosed
structure. There shall be no outside display of any kind, or other
external or visible evidence of the conduct of a home occupation.
B.
A home occupation shall not change the residential
character of the premises or surrounding residential area, both in
terms of use and appearance.
C.
A home occupation use shall not create a nuisance
or endanger the health, safety, welfare, or enjoyment of any other
person in the area, by reason of noise, vibration, glare, fumes, odor,
unsanitary or unsightly conditions, fire hazards, or the like, involved
in or resulting from such home occupation.
D.
Only a resident of the dwelling shall be engaged or
employed in the home occupation.
E.
There shall be no vehicular traffic permitted for
the home occupation, other than domestic trips and routine deliveries
normally expected for a single dwelling in a residential area.
F.
The home occupation shall be carried on wholly within the dwelling, and no such occupation may be conducted in any accessory building whether detached or attached. There shall be no exterior operations, storage or display of materials, products, inventory or equipment of any kind, and no exterior signage, except one commercial vehicle may be parked on the premises pursuant to the requirements of § 770-28, Restrictions on parking of commercial vehicles.
G.
The home occupation shall not require, or result in,
any interior or exterior alterations to the dwelling or property upon
which the dwelling is located.
H.
No material or mechanical or electrical equipment
may be utilized except that which is necessarily, customarily and
ordinarily used for household or leisure purposes.
I.
Direct sales of products to individuals on the premises
of a home occupation shall not be permitted.
J.
No storage or display of goods within the dwelling
unit shall be visible from outside the dwelling unit.
K.
The home occupation shall not require additional off-street
parking spaces or loading/unloading areas.
A.
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.
B.
Standards for family day-care homes. Family day-care
homes are subject to the following requirements:
(1)
The subject parcel shall meet the minimum lot area
requirements for the zone in which it is located.
(2)
The property is maintained in a manner that is consistent
with the character of the neighborhood.
(3)
There shall be an outdoor play area of at least 300
square feet provided on the premises. Said play area shall not be
located within the front yard setback.
(4)
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.
(5)
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.
(6)
Applicable licenses with the State of Michigan shall
be maintained.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City. The construction of buildings associated with essential services shall be subject to the provisions of § 770-12, Site plan review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this chapter.
In districts zoned One-Family, Two-Family or
Multiple-Family Residential, for each dwelling unit on a lot not more
than one commercial vehicle, owned by an occupant, and having a weight
fully equipped of not more than 6,000 pounds may be parked on the
premises.
No structure, wall, fence, or landscaping shall be erected, maintained or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection of a street, highway, alley or a driveway. A ten-foot triangular area measured along the public right-of-way line and driveway line shall be provided from the intersection of any street, highway, alley and driveway. Landscaping under 30 inches and deciduous trees where all branches are not less than 12 feet above the street level may be permitted within the triangular area. (See Figure 9, Visibility at Intersections.[1]) All landscaping shall comply with City of Royal Oak Chapter 710, Trees, Art. I, Tree, Shrub and Plant Protection, Planting in Public Areas. The Plan Commission, at its discretion and as part of site plan review, may approve an alternate setback if deemed necessary based on the site conditions.
[1]
Editor's Note: Figure 9 is included at the end of this chapter.
A.
Intent.
(1)
The intent of this section is to ensure that the physical
characteristics of proposed new commercial and multiple-family building(s),
construction or significant facade renovations are compatible when
considered within the context of the surrounding area. Facade renovations
determined by the Zoning Administrator to be a significant change
in character and materials shall require site plan review to ensure
compatibility. Design guidelines are further intended to ensure building
designs are compatible with and/or enhance the characteristics of
the surrounding area in terms of scale, mass, building patterns, facade
articulation, and incorporating design elements of prevalent neighborhood
architectural style; and that building additions are compatible with
the principal building.
(2)
These standards are further intended to:
(a)
Stabilize and reinforce property values to protect
private and public investment.
(b)
Preserve and reinforce the natural, historic,
and architectural qualities of neighborhoods.
(c)
Establish and enhance aesthetic and architectural
compatibility within neighborhoods and commercial areas.
(d)
Attract residential, business and industrial
development and redevelopment by establishing neighborhood and commercial
conditions that make for an aesthetic and pleasant living and working
environment.
B.
General standards.
(1)
Architectural character. New buildings and expansion
and/or alteration of existing buildings in or adjacent to existing
developed areas shall be compatible with and/or enhance the established
architectural character of such areas by using a design that is complementary.
Compatibility may be achieved through techniques related to rooflines,
building mass, outdoor spaces, relationships to the street, window
and door patterns, and/or the use of building materials.
(2)
Building orientation and entrances. To the maximum
extent feasible, primary facades and entries shall face the adjacent
street. Primary building entrances shall be readily identifiable and
accessible, with at least one main entrance facing and open directly
onto a connecting walkway with pedestrian frontage.
(3)
Quality of materials. Building materials used shall
be an enhancement of the area in terms of durability, appearance and
performance and shall be appropriate for the function of the building.
In the selection of materials, the following additional considerations
shall apply:
(a)
Low maintenance shall be a major consideration.
(b)
Materials shall blend with or enhance those
existing on adjacent properties.
(c)
One dominate material shall be selected, with
a preference towards masonry and stone. Exterior insulation and finish
systems (EFIS) are discouraged at the ground floor building level.
(4)
Variation in massing. To avoid large and dominant
building mass, the following measures shall be applied:
(a)
Horizontal masses shall not exceed a height/width
ratio of 1:3 without substantial variation in massing that may include
a change in height and/or projecting or recessed elements.
(b)
Changes in mass shall be related to entrances,
the integral structure and/or the organization of interior spaces
and activities and not merely for cosmetic effect. False fronts or
parapets create an insubstantial appearance and are prohibited.
(5)
Character and image. Building design shall contribute
to the uniqueness of a district, and/or the community as a whole with
predominant materials, elements, features, color range and activity
areas tailored specifically to the site and its context.
C.
Standards specific to multiple-family uses.
(1)
Architectural character.
(a)
In the case of a multiple-building development,
each individual building shall include predominant characteristics
shared by all buildings in the development so that the development
forms a cohesive place within the zoning district or community.
(b)
Exterior building walls shall be subdivided
and proportioned to human scale, using offsets, projections, overhangs
and recesses, in order to add architectural interest and variety and
avoid the effect of a single, massive wall with no relation to human
size.
(2)
Privacy considerations. Elements of the development
shall be arranged to maximize the opportunity for privacy by the residents
of the project and minimize infringement on the privacy of adjoining
land uses.
(3)
Outdoor spaces. Buildings and extensions of buildings
shall be designed to form outdoor spaces such as balconies, arcades,
terraces, decks or courtyards, and to integrate development with the
landscape to the extent reasonably feasible.
D.
Standard specific to office and commercial uses outside
of the Central Business District.
(1)
Facade treatment.
(a)
In order to add architectural interest and variety
and avoid the effect of a single, long or massive wall with no relation
to human size, the following standards shall apply:
[1]
Architectural interest shall be provided through
the use of repetitious patterns of color, texture and material modules,
at least one of which shall repeat horizontally.
[2]
Building facades shall incorporate recess projections,
cornice work, decorative finish or spandrel windows. Blank walls shall
not face a public street. The ground floor windows, awnings, and arcades
shall be incorporated to encourage pedestrian activity at the street
facing level.
[3]
Primary building entrances shall be clearly
defined and recessed or framed by a sheltering element such as an
awning, arcade or portico in order to provide shelter from the summer
sun and winter weather.
(b)
Base and top treatments. All facades shall have:
[1]
A recognizable "base" consisting of (but not
limited to) thicker walls, ledges or sills; integrally textured materials
such as stone or other masonry; integrally colored and patterned materials
such as smooth-finished stone or tile; lighter or darker colored materials,
mullions or panels; or planters.
[2]
A recognizable "top" consisting of (but not
limited to) cornice treatments, other than just colored "stripes"
or "bands," with integrally textured materials such as stone or other
masonry or differently colored materials; sloping roof with overhangs
and brackets; or stepped parapets.
E.
Standard specific to uses within the Central Business
District.
(1)
Storefronts.
(a)
Storefronts shall be integrally designed with
the upper floors to be compatible with the overall facade character.
Buildings with multiple storefronts shall be unified though the use
of architecturally compatible materials, colors, details, awnings,
signage and lighting fixtures.
(b)
Ground floor retail, service and restaurant
uses shall have large pane display windows. Such windows shall be
framed by the surrounding wall and relate to the original building's
architecture.
(2)
Awnings. Awnings shall be no longer than a single
building front.
(3)
Build-to lines for streetfront buildings. Build-to
lines based on a consistent relationship of buildings to the street
sidewalk shall be established for new buildings and, to the extent
reasonably feasible, for additions or modifications of existing buildings,
in order to form visually continuous, pedestrian-oriented streetfronts
with no vehicle use area between building faces and the street.
(a)
To establish build-to lines, buildings shall be built to the
front right-of-way line, and in case of corner lots, both street rights-of-way,
or located and designed to align or approximately align with any previously
established building/sidewalk relationships that are consistent with
this standard.
[Amended 4-21-2014 by Ord. No. 2014-04]
(b)
Exceptions to the build-to line standards shall
be permitted in the following circumstances:
[1]
In order to form an outdoor space such as a
plaza, courtyard, patio or garden between a building and the sidewalk;
such a larger front yard area shall have landscaping, low walls, fencing
or railings, a tree canopy, and/or other similar site improvements
along the sidewalk designed for pedestrian interest, comfort and visual
continuity.
[2]
If the building is adjacent to a full arterial
or major arterial street, and the City has determined that an alternative
streetfront building should be considered due to high volume and/or
speed of traffic on the adjacent street(s); and/or an established
pattern of existing buildings that makes a pedestrian-oriented streetfront
nonfeasible.
[3]
In the case of a large building with employment,
vehicle-related or other uses that have little relationship to pedestrians,
or that have a need to limit ground floor windows, where the build-to
line is not feasible for the entire building.
[4]
Such an alternative to the street sidewalk must
include a connecting walkway(s) and may include internal walkways
or other directly connecting outdoor spaces such as plazas, courtyards,
squares or gardens.
(4)
Facade orientation. The front facades of all structures shall be
oriented towards the streets they front, with a principal, functional
entrance for the public or direct-entry access into the structure
from the street frontage. A secondary access may be provided to the
side or rear facade. In the case of corner lots, a corner entrance
may be provided in lieu of a front entrance, or a second entrance
may be provided to the side street.
[Added 4-21-2014 by Ord. No. 2014-04[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
E(4) as Subsection E(6).
(5)
Streetfront width. The entire streetfront of a property shall be
occupied by a structure or building, unless a lesser percentage is
determined to be necessary and advisable by the Planning Commission
in the course of its site plan review process, but in no case shall
such percentage be less than 50%.
[Added 4-21-2014 by Ord. No. 2014-04]
(6)
Parking structure design. To the extent reasonably
feasible, all parking structures shall meet the following design criteria:
(a)
Where parking structures front streets, retail
and other uses shall be required along the ground level frontage to
minimize interruptions in pedestrian interest and activity. The Plan
Commission may grant an exception to this standard for all or part
of the ground level frontage on streets with low pedestrian interest
or activity.
(b)
Awnings, signage and other architectural elements
shall be incorporated to encourage pedestrian activity at the street
facing level.
(c)
Architectural elements, such as openings, sill
details, emphasis on vertical proportions such as posts, recessed
horizontal panels and other architectural features shall be used to
establish human scale at the street facing level.
(d)
The architectural design of structures shall
be compatible in architectural design with adjacent buildings in terms
of style, mass, material, height, roof pitch and other exterior elements.
(e)
Auto entrances shall be located to minimize
pedestrian/auto conflicts.
F.
Plan Commission modifications to requirements. The
Plan Commission in the course of its site plan review process may
determine design standards as deemed necessary and advisable to ensure
compliance with this chapter and/or minimize impact on the surrounding
area and existing characteristics and development patterns.
A.
Purpose. This zone is composed in those areas of the
City where the principal use is intended to be single-family detached
dwellings. In addition to the dwellings permitted in this zone, there
are certain nonresidential uses which may be compatible with and supportive
of a medium-density residential environment and may be permitted either
by right or through the special land use approval.
B.
Permitted uses.
(2)
Public parks and playgrounds.
(4)
Public and private schools with curriculum equivalent
to kindergarten through 12th grade.
(5)
Publicly owned and operated museums or libraries.
(6)
Accessory buildings and structures, subject to the requirements set forth in § 770-22, Accessory buildings.
(7)
Family day-care homes as an accessory use and subject to the requirements set forth in § 770-26, Family day-care homes.
(8)
Adult foster care family homes and small group homes
with a capacity to receive six or fewer adults, child foster care
family homes and child foster care family group homes subject to the
conditions of the state regulatory agencies.
C.
Special land uses.
(1)
Group family day-care homes and day-care centers, when incorporated with an existing church or school, subject to the requirements set forth in § 770-59, Day-care facilities.
(2)
Police and fire stations, public safety buildings,
public utility buildings, telephone exchange buildings, electric transformer
stations and gas regulator stations, but not including service or
storage yards.
(3)
Churches and other institutions for religious worship, subject to the requirements set forth in § 770-74, Churches and other institutions for religious worship.
(4)
Bed-and-breakfast operations, subject to the requirements set forth in § 770-78, Bed-and-breakfast facilities.
(5)
Residential accessory parking lots, subject to the requirements set forth in § 770-73, Residential accessory off-street parking lots.
(6)
Senior accessory housing subject to the requirements set forth in § 770-71 Senior accessory housing.
(7)
Golf courses and country clubs.
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Lot size. No lot shall be less than 6,000 square feet in area, unless otherwise modified by § 770-21B, Application of area, width and frontage regulations.
(2)
Lot width. No interior lot shall be less than 50 feet in width, while a corner lot shall be no less than 60 feet in width unless otherwise modified by § 770-21B, Application of area, width and frontage regulations.
(3)
Lot depth. No lot shall have a depth of less than 100 feet, unless otherwise modified by § 770-21B, Application of area, width and frontage regulations.
(4)
Height. No principal building shall exceed a height
of 30 feet.
(5)
Front yard setback.
(a)
Interior lot. All principal buildings shall
be set back the greater of 25 feet or the average setback of adjacent
dwellings, but shall not exceed 50 feet from the front property line.
(b)
Corner lot. A front yard abutting the side street
of a corner lot where the adjacent lot does not front upon said side
street shall not be less than 10 feet in width; provided a lot with
frontage of less than 50 feet in width may have the side yard abutting
the street reduced to not less than eight feet. A front yard abutting
the side street of a corner lot where the adjacent lot does front
upon said side street shall maintain the minimum setbacks as required
for an interior lot.
(6)
Side yard setback.
(a)
For lots equal to or greater than 45 feet in
width at the building line, all principal buildings shall be set back
no less than five feet from the side property line. The total of the
two side yard setbacks shall equal no less than 15 feet if no attached
accessory building is provided in the side yard.
(b)
For lots less than 45 feet in width at the building
line, the side yard setback shall be a minimum of four feet. The total
of the two side yard setbacks shall be no less than 12 feet if no
attached accessory building is provided.
(c)
For all lots without accessory buildings located
in the side yard, an open area a minimum of eight feet in width unoccupied
and unobstructed from the ground upward and suitable for a driveway
shall be provided in one side yard.
(7)
Rear yard setback. All principal buildings shall be
set back no less than 35 feet from the rear property line.
(8)
Lot coverage. On lots less than 6,000 square feet, the lot coverage
of all buildings shall not exceed 35% of the site, provided that in
no instance shall the total ground floor area of all buildings exceed
1,800 square feet. On lots equal to or larger than 6,000 square feet,
the lot coverage of all buildings shall not exceed 30% of the site.
[Amended 5-20-2013 by Ord. No. 2013-08]
(9)
Maximum floor area. No single-family residential structure
shall exceed 3,500 square feet of usable floor area.
[Amended 4-21-2014 by Ord. No. 2014-04]
A.
Purpose. This zone is composed of those areas of the
City where the principal use is intended to be single-family detached
dwellings on large lots. In addition to the dwellings permitted in
this zone, there are certain nonresidential uses which may be compatible
with and supportive of a low-density residential environment and may
be permitted either by right or through special land use approval.
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Lot size. No lot shall be less than 13,000 square feet in area, unless otherwise modified by § 770-21B, Application of area, width and frontage regulations.
(2)
Lot width. No interior lot shall be less than 70 feet in width, unless otherwise modified by § 770-21B, Application of area, width and frontage regulations.
(3)
Lot depth. No lot shall have a depth of less than 100 feet, unless otherwise modified by § 770-21B, Application of area, width and frontage regulations.
(4)
Height. No principal building shall exceed a height
of 30 feet.
(5)
Front yard setback.
(a)
Interior lot. All principal buildings shall
be set back the greater of 25 feet or the average setback of adjacent
dwellings, but shall not exceed 50 feet from the front property line.
(b)
Corner lot. A front yard abutting the side street
of a corner lot where the adjacent lot does not front upon said side
street shall not be less than 10 feet in width A front yard abutting
the side street of a corner lot where the adjacent lot does front
upon said side street shall maintain the minimum setbacks as required
for an interior lot.
(6)
Side yard setback.
(a)
All principal buildings shall be set back no
less than five feet from the side property line. The total of the
two side yard setbacks shall equal no less than 15 feet if no attached
accessory building is provided in the side yard.
(b)
For all lots, an open area a minimum of eight
feet in width, unoccupied and unobstructed from the ground upward
and suitable for a driveway, shall be provided in one side yard.
(7)
Rear yard setback. All principal buildings shall be
set back no less than 35 feet from the rear property line.
(8)
Lot coverage. The lot coverage of all buildings shall
not exceed 30%.
(9)
Maximum floor area. No single-family residential structure
shall exceed 3,500 square feet of usable floor area.
[Amended 4-21-2014 by Ord. No. 2014-04]
A.
Purpose. This zone is composed of those areas of the
City where the principal use is intended to be two-family dwellings.
The regulations of this zone are designed to permit a higher density
than is allowed in the One-Family Residential Zone. In addition to
the dwellings permitted in this zone, there are certain nonresidential
uses which may be compatible with and supportive of a residential
environment and may be permitted either by right or through special
land use approval.
B.
Permitted uses.
D.
Area and bulk regulations. The following minimum requirements,
shall apply to all permitted and special uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Lot size. No lot shall be less than 9,000 square feet
in area.
(2)
Lot width. No interior lot shall be less than 50 feet
in width, while a corner lot shall be no less than 60 feet in width.
(3)
Lot depth. No lot shall have a depth of less than
100 feet.
(4)
Height. No principal buildings shall exceed a height
of 30 feet.
(5)
Front yard setback.
(a)
Interior lot. All principal buildings shall
be set back the greater of 25 feet or the average setback of adjacent
dwellings, but shall not exceed 50 feet from the front property line.
(b)
Corner lot. A front yard abutting the side street
of a corner lot where the adjacent lot does not front upon said side
street shall not be less than 10 feet in width. A front yard abutting
the side street of a corner lot where the adjacent lot does front
upon said side street shall maintain the minimum setbacks as required
for an interior lot.
(6)
Side yard setback.
(a)
All principal buildings shall be set back no
less than five feet from the side property line. The total of the
two side yard setbacks shall equal no less than 15 feet if no attached
garage is provided.
(b)
For all lots, an open area a minimum of eight
feet in width, unoccupied and unobstructed from the ground upward
and suitable for a driveway, shall be provided in one side yard.
(7)
Rear yard setback. All principal buildings shall be
set back no less than 35 feet from the rear property line.
(8)
Lot coverage. The lot coverage of all buildings shall
not exceed 30%.
A.
Purpose. This zone is composed of those areas of the
City where the principal use is intended to be multiple-family dwellings
at a higher density than permitted in Two-Family Residential Zone.
These areas would be located near major streets for good accessibility
and be designed to be compatible with adjacent single-family areas.
Various types and sizes of residential units, for ownership or rental,
would thereby be provided to meet the needs of the different age and
family groups in the community without creating an unreasonable burden
to existing community facilities, utilities, or services. In addition
to the dwellings permitted in this zone, there are certain nonresidential
uses which may be compatible with and supportive of a residential
environment and may be permitted either by right or through special
land use approval.
B.
Permitted uses.
(1)
All permitted uses allowed in the Two-Family Residential
Zone.
C.
Special land uses.
(1)
All special land uses allowed in the Two-Family Residential
Zone.
(2)
Senior housing, convalescent centers and adult foster care congregate facilities subject to the requirements set forth in § 770-72, Senior housing, adult foster care congregate facility and convalescent centers.
(3)
Small, medium and large adult foster care group homes subject to the requirements set forth in § 770-60, Adult foster care facilities.
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Single-family detached dwellings. Single-family detached
dwellings shall be subject to the requirements set forth in the One-Family
Residential Zone.
(2)
Two-family dwellings. Two-family dwellings shall be
subject to the requirements set forth in the Two-Family Zone.
(3)
Multiple-family dwellings shall be subject to the
following:
(a)
Lot size. Multiple-family dwellings shall provide
9,000 square feet for the first two units and 3,000 square feet for
each additional unit.
(b)
Height. No principal building shall exceed a
height of 36 feet.
[Amended 12-6-2021 by Ord. No. 2021-11]
(c)
Setbacks. All building shall be setback from
the front, side and rear property line no less than 25 feet or a setback
as may be determined to be necessary and advisable by the Plan Commission
during the course of its site plan review process.
(d)
Distance between buildings. No principal buildings
shall be closer than 20 feet from another principal building or a
distance as may be determined to be necessary and advisable by the
Plan Commission during the course of its site plan review process.
A.
Purpose. This zone is intended to provide locations
for uses which primarily consist of office uses. The Office Service
Zone is intended to provide for a compatible transition between commercial
and residential areas and/or between thoroughfares and residential
areas. The uses within the zone shall be characterized by the following:
either operates during normal business hours or has operating characteristics
which do not adversely affect adjacent residential areas; produce
a low volume of traffic; and are located in buildings which are architecturally
compatible with the surrounding area.
B.
Permitted uses.
(1)
Business, administrative, and professional offices.
[Amended 10-1-2012 by Ord. No. 2012-16]
(2)
Medical and dental offices, including outpatient medical clinics, medical laboratories, and home health care services, subject to the requirements set forth in § 770-79, Hospitals and outpatient medical clinics, if applicable.
[Amended 10-1-2012 by Ord. No. 2012-16]
(3)
Banks, credit unions, savings and loan associations
without drive-through facilities.
(4)
Public buildings, parks and playgrounds.
(5)
Retail sale of drug and health care products, when
occupying no more than 25% of the floor area or 5,000 square feet,
whichever is less, of a building containing medical and dental offices,
clinics and medical laboratories.
(6)
Business, technical or trade schools and automobile
driving schools.
(7)
Libraries, museums and fine art centers.
C.
Special land uses.
(1)
Hospitals subject to the requirements set forth in § 770-79, Hospitals and outpatient medical clinics.
[Amended 10-1-2012 by Ord. No. 2012-16]
(2)
Veterinary offices and hospitals, including accessory
boarding, provided no outdoor exercise runs or pens are permitted.
(4)
Public utility transformer stations and substations,
telephone exchanges, and public utility offices.
(5)
Research laboratories, provided that no heavy mechanical
equipment is used.
(6)
Drive-through facilities for banks, credit unions,
savings and loan associations.
(7)
Funeral homes.
(8)
Heliopad when accessory to a hospital and subject to the requirements set forth in § 770-80, Heliopads.
(9)
Ambulance services.
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Height. No principal building shall exceed a height
of 36 feet.
[Amended 12-6-2021 by Ord. No. 2021-11]
(2)
Setbacks.
(a)
Front yard setback. All buildings shall be set
back no less than 25 feet.
(b)
Side yard setback. All buildings shall be set
back no less than 10 feet, except when a property abuts a street,
upon which the abutting property is a residential zone that fronts
on said street, the side and/or rear yards as measured from said street
shall be not less than the lesser of 25 feet or the average of the
actual setbacks of said adjacent residence(s) from said street.
(c)
Rear yard setback. All buildings shall be set
back no less than 25 feet, unless one additional foot is granted within
the front yard setback for each foot decreased from the rear yard
setback, not to be less than 15 feet.
(d)
Alternately, the Plan Commission during the
course of its site plan review process may establish a greater or
lesser setback as it determines necessary and advisable. In determining
such yard setbacks, the Plan Commission shall consider the size and
configuration of the proposed buildings, their relationship to the
existing and proposed buildings and uses of land, and their relationship
to existing and proposed thoroughfares; in order to maximize vehicular
and pedestrian safety and reduce any negative impact on adjacent land
uses.
A.
Purpose. This zone is designed primarily for the convenience of persons residing in the City by providing office, limited retail and service-oriented businesses that serve the adjacent and surrounding neighborhoods. It is the purpose of these regulations to permit development of the enumerated functions in a manner which is compatible with the adjacent residences. Specifically excluded from this zone are uses which are regulated by § 770-82 of this chapter as large scale retail establishments or uses that may generate significant nuisance conditions.
B.
Permitted uses.
(1)
All permitted uses allowed in the Office Service Zone.
(2)
Food and beverage sales, including convenience grocery
stores without sales of packaged alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04]
(3)
Photographic, art and music lesson studios.
(4)
Retail sales of flowers, gifts, antiques, art and
collectibles.
(5)
Small appliance and electronic sales and repair, such
as vacuum cleaners, lamps, television and video and audio equipment
and computers and other nonmotorized home and garden equipment.
(6)
Standard and carry-out restaurants that do not dispense alcoholic beverages and are not located within a shopping center, or those serving alcohol for which the City Commission has approved a plan of operation that are not located within a shopping center, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Amended 5-20-2013 by Ord. No. 2013-08; 1-23-2023 by Ord. No. 2022-08]
(7)
Retail sales of drug and health care products, music,
books and personal attire, musical instruments, sporting goods, pet
shops, hardware, paint and home decorating supplies, home accessories,
floor coverings, furniture, automotive parts and accessories.
(8)
Laundromats and dry-cleaning outlets.
(9)
Personal service establishments, such as barber, hair
salons, nail salons, tanning salons, watch and jewelry repair, small
electronic appliance and computer repair, tailors and alteration shops,
shoe repair, locksmith, exterminators, janitorial services, carpet
and upholstery cleaning services, copy shops without off-set printing,
dog grooming facilities with no outdoor exercise runs or pens.
(10)
Video rental and sales.
(11)
Photographic film processing and camera shops.
(12)
Fitness centers/training studios including use
of equipment or space for the purpose of physical exercise, including
activities such as aerobics, court sports, weight lifting/strength
training and dance and martial arts training with a gross floor area
of 2,500 square feet or less.
(13)
Nonmotorized vehicle, such as bicycles and skateboards,
sales and repair.
(14)
Rental leasing storefronts for consumer electronics,
appliances, attire, home health care and small-scale personal recreational
equipment.
(16)
Tobacconists, provided they comply with the Dr. Ron Davis Smoke-Free
Air Law, Michigan Public Act 188 of 2009.
[Added 10-1-2012 by Ord. No. 2012-15]
(17)
Shopping centers without standard or fast-food restaurants.
[Added 5-20-2013 by Ord. No. 2013-08]
(18)
Establishments serving alcohol for which the City Commission has approved a plan of operation that are not located within a shopping center, such as, but not limited to, restaurants, bars, and lounges, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Added 1-23-2023 by Ord. No. 2022-08]
C.
Special land uses.
(1)
Veterinary offices and hospitals, including accessory
boarding, provided no outdoor exercise runs or pens are permitted.
(2)
Public utility transformer stations and substations,
and telephone exchanges.
(3)
Outdoor cafe service operated by a restaurant or other food establishment which sells food or drinks for immediate consumption, subject to the requirements set forth in § 770-70, Outdoor cafe service.
(4)
Establishments serving alcohol for which the City Commission has not approved a plan of operation, such as, but not limited to, restaurants, bars, and lounges, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04; 1-23-2023 by Ord. No. 2022-08]
(5)
Residential dwelling units above a first floor of
a permitted use when the ground floor street frontage is a permitted
use other than parking or a special land use.
(6)
Bed-and-breakfast operations, subject to the requirements set forth in § 770-78, Bed-and-breakfast facilities.
(8)
Funeral homes.
(9)
Drive-through facilities for any permitted or special
land use.
(10)
Interior decorators, upholsterers, design and
building contractors with workshops and repair facilities and similar
professions conducted entirely within an enclosed building.
(11)
Temporary or transient outdoor sales of seasonal goods, subject to the requirements set forth in § 770-69, Seasonal and transient display of products or materials intended for sale.
(12)
Caterers.
(13)
Fitness centers/training studios including use
of equipment or space for the purpose of physical exercise, including
activities such as aerobics, court sports, weight lifting/strength
training, swimming and dance and martial arts training with a gross
floor area greater than 2,500 square feet.
(14)
Cigar bars, provided they comply with the Dr. Ron Davis Smoke-Free
Air Law, Michigan Public Act 188 of 2009.
[Added 10-1-2012 by Ord. No. 2012-15]
(15)
Standard or fast-food restaurants located within a shopping center, with or without service of alcoholic beverages, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Added 5-20-2013 by Ord. No. 2013-08; amended 1-23-2023 by Ord. No. 2022-08]
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Height. No principal building shall exceed a height
of 36 feet.
[Amended 12-6-2021 by Ord. No. 2021-11]
(2)
Setbacks.
(a)
No setback shall be required except where the
property is adjacent to a residential zone. If a setback is to be
provided, it shall not be less than five feet. Where the property
is adjacent to a residential zone, the setback shall be as follows:
[1]
Front yard setback. Where the property is on
the same side of a street, in the same block, as a property zoned
residential, with or without an intervening alley, the required front
yard setback shall be equal to that setback required in the residential
zone.
[2]
Rear and side yard setback. Where there is no
intervening alley, the side and rear yard setbacks shall be 25 feet.
Where a public alley is adjacent to a side or rear lot line, the setback
shall be 25 feet measured from the center line of said public alley.
(b)
Alternately, the Plan Commission during the
course of its site plan review process may establish a greater or
lesser setback as it determines necessary and advisable. In determining
such yard setbacks, the Plan Commission shall consider the size and
configuration of the proposed buildings, their relationship to the
existing and proposed buildings and uses of land, and their relationship
to existing and proposed thoroughfares; in order to maximize vehicular
and pedestrian safety and reduce any negative impact on adjacent land
uses.
A.
Purpose. This zone is designed to primarily benefit persons residing in the adjacent neighborhoods by providing office, limited retail and service-oriented businesses. The land uses within this district should have limited impact on the adjacent neighborhood regarding the number of vehicle trips per day, parking demands, and similar land use related issues. Specifically excluded from this zone are uses which are regulated by § 770-82 of this chapter as large scale retail establishments or uses that may generate significant nuisance conditions.
B.
Permitted uses.
(1)
Business, administrative, and professional offices.
[Amended 10-1-2012 by Ord. No. 2012-16]
(2)
Public buildings, parks and playgrounds.
(3)
Photographic, art and music lesson studios.
(4)
Small appliance and electronic sales and repair, such
as vacuum cleaners, lamps, television and video and audio equipment
and computers and other nonmotorized home and garden equipment.
(5)
Retail sales of drug and health care products, music,
books and personal attire, musical instruments, sporting goods, pet
shops, hardware, paint and home decorating supplies, home accessories,
floor coverings, furniture, automotive parts and accessories and 2,500
square feet or less of gross floor area.
(6)
Laundromats and dry-cleaning outlets.
(7)
Personal service establishments, such as barber, hair
salons, nail salons, tanning salons, watch and jewelry repair, small
electronic appliance and computer repair, tailors and alteration shops,
shoe repair, locksmith copy shops without off-set printing
(8)
Video rental and sales.
(9)
Photographic film processing and camera shops.
(10)
Nonmotorized vehicle, such as bicycles and skateboards,
sales and repair.
C.
Special land uses.
(1)
Food and beverage sales, including convenience grocery stores, with or without sales of packaged alcoholic beverages, subject to the requirements set forth in § 770-52, Sale of alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04]
(2)
Standard and carry-out restaurants, with or without service of alcoholic beverages, subject to the requirements set forth in § 770-52, Sale of alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04]
(3)
Outdoor cafe service operated by a restaurant or other food establishment which sells food or drinks for immediate consumption, subject to the requirements set forth in § 770-70, Outdoor cafe service.
(4)
Residential dwelling units above a first floor of
a permitted use when the ground floor street frontage is a permitted
use other than parking or a special land use.
(5)
Bed-and-breakfast operations, subject to the requirements set forth in § 770-78, Bed-and-breakfast facilities.
(6)
Retail sales of drug and health care products, music,
books and personal attire, musical instruments, sporting goods, pet
shops, hardware, paint and home decorating supplies, home accessories,
floor coverings, furniture, automotive parts and accessories and 2,500
square feet or greater of gross floor area.
(7)
Interior decorators, upholsterers, design and building
contractors with workshops and repair facilities and similar professions
conducted entirely within an enclosed building.
(8)
Temporary or transient outdoor sales of seasonal goods, subject to the requirements set forth in § 770-69, Seasonal and transient display of products or materials intended for sale.
(9)
Fitness centers/training studios including use of
equipment or space for the purpose of physical exercise, including
activities such as aerobics, court sports, weight lifting/strength
training, swimming and dance and martial arts training with a gross
floor area no greater than 2,500 square feet.
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Height. No principal building shall exceed a height
of 36 feet.
[Amended 12-6-2021 by Ord. No. 2021-11]
(2)
Setbacks.
(a)
No setback shall be required except where the
property is adjacent to a residential zone. If a setback is to be
provided, it shall not be less than five feet. Where the property
is adjacent to a residential zone, the setback shall be as follows:
[1]
Front yard setback. Where the property is on
the same side of a street, in the same block, as a property zoned
residential, with or without an intervening alley, the required front
yard setback shall be equal to that setback required in the residential
zone.
[2]
Rear and side yard setback. Where there is no
intervening alley, the side and rear yard setbacks shall be 25 feet.
Where a public alley is adjacent to a side or rear lot line, the setback
shall be 25 feet measured from the center line of said public alley.
(b)
Alternately, the Plan Commission during the
course of its site plan review process may establish a greater or
lesser setback as it determines necessary and advisable. In determining
such yard setbacks, the Plan Commission shall consider the size and
configuration of the proposed buildings, their relationship to the
existing and proposed buildings and uses of land, and their relationship
to existing and proposed thoroughfares; in order to maximize vehicular
and pedestrian safety and reduce any negative impact on adjacent land
uses.
A.
Purpose. This zone is intended to accommodate office,
business service, and retail uses at a larger scale than the Neighborhood
Business Zone, including the City and portions of the surrounding
communities. It is the purpose of these regulations to permit development
of the enumerated functions in a manner which is compatible with uses
in the surrounding area. To these ends, certain uses are excluded
which would function more effectively in other zones.
B.
Permitted uses.
(1)
All permitted and special land uses, unless specifically
listed herein as a special land use, allowed in the Neighborhood Business
Zone.
(2)
Multimodal transportation facilities.
(3)
Retail garden centers, when all sales and activities
are conducted entirely within an enclosed building.
(4)
Retail sale and service of motorized home and garden
equipment, such as lawnmower and lawn maintenance equipment conducted
entirely within an enclosed building.
(5)
Printing shops and newspaper plants.
(6)
Radio broadcasting and television stations, studios
and offices.
(7)
Recreation centers that do not dispense alcoholic beverages, or those serving alcohol for which the City Commission has approved a plan of operation, such as amusement arcades, theaters, bowling alleys, roller and ice skating rinks, conducted within an enclosed building, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Amended 1-23-2023 by Ord. No. 2022-08]
(8)
Research labs, provided no heavy mechanical equipment
is used.
C.
Special land uses.
(1)
Adult business and entertainment subject to the requirements set forth in § 770-76, Adult-oriented commercial enterprises and specified services.
(2)
Adult day-care centers which are stand-alone facilities not associated with a permitted principal use subject to the requirements set forth in § 770-59, Day-care facilities.
(3)
Vehicle dealers and leasing agencies, subject to requirements set forth in § 770-63, Vehicle dealers.
(4)
Automobile filling stations, subject to requirements set forth in § 770-64, Automobile filling stations.
(5)
Automobile service and installation stations, subject to requirements set forth in § 770-65, Automobile service stations.
(6)
Automobile repair garage, subject to requirements set forth in § 770-66, Automobile repair garage.
(9)
Outdoor recreation such as driving ranges and miniature golf courses, subject to the requirements set forth in § 770-81, Miniature golf courses.
(10)
Residential dwelling units above a first floor
of a permitted use when the ground floor street frontage is a permitted
use other than parking or a special land use.
(11)
Drive-through or drive-in facilities for any
permitted or special land use.
(12)
Wholesale sales, storage and service/repair
of home center building materials, power equipment, contractor's equipment,
furniture, food, fabrics, hardware, garden nursery and similar goods
contained within an enclosed building or displayed, stored or serviced
outside.
(13)
Large scale retail establishments subject to the requirements set forth in § 770-82, Large scale retail facilities.
(14)
Establishments serving alcohol 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, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04; 1-23-2023 by Ord. No. 2022-08]
(15)
Public utility transformer stations and substations,
telephone exchanges, and public utility offices.
(16)
Bed-and-breakfast operations, subject to the requirements set forth in § 770-78, Bed-and-breakfast facilities.
(17)
Temporary or transient outdoor sales of seasonal goods, subject to the requirements set forth in § 770-69, Seasonal and transient display of products or materials intended for sale.
(18)
Pet day-care facilities with no overnight boarding
and no outdoor exercise runs or pens.
(19)
Temporary employment agencies that require day
laborers to meet on-site.
(20)
Hotels, provided they are no less than two stories.
[Added 10-1-2012 by Ord. No. 2012-13]
(21)
Smoking lounges, when not conducted as an accessory use to a
tobacconist, provided they comply with the Dr. Ron Davis Smoke-Free
Air Law, Michigan Public Act 188 of 2009.
[Added 10-1-2012 by Ord. No. 2012-15]
(22)
Standard or fast-food restaurants located within a shopping center, with or without service of alcoholic beverages, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Added 5-20-2013 by Ord. No. 2013-08; amended 1-23-2023 by Ord. No. 2022-08]
(23)
Food and beverage sales, including convenience grocery stores with sales of packaged alcoholic beverages, subject to the requirements set forth in § 770-52, Sale of alcoholic beverages.
[Added 4-21-2014 by Ord. No. 2014-04]
(24)
Sales of packaged alcoholic beverages by any permitted or special land use, subject to the requirements set forth in § 770-52, Sale of alcoholic beverages.
[Added 4-21-2014 by Ord. No. 2014-04]
(25)
Outdoor display and sales by a large-scale retail establishment or retail garden center, subject to the requirements set forth in § 770-84, Outdoor display and sales.
[Added 4-21-2014 by Ord. No. 2014-04]
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter.
(1)
Height. No principal building shall exceed a height
of 36 feet.
[Amended 12-6-2021 by Ord. No. 2021-11]
(2)
Setbacks.
(a)
No setback shall be required except where the
property is adjacent to a residential zone. If a setback is to be
provided, it shall not be less than five feet. Where the property
is adjacent to a residential zone the setback shall be as follows:
[1]
Front yard setback. Where the property is on
the same side of a street, in the same block, as a property zoned
residential, with or without an intervening alley, the required front
yard setback shall be equal to that setback required in the residential
zone.
[2]
Rear and side yard setback. Where there is no
intervening alley, the side and rear yard setbacks shall be 25 feet.
Where a public alley is adjacent to a side or rear lot line, the setback
shall be 25 feet measured from the centerline of said public alley.
(b)
Alternately, the Plan Commission during the
course of its site plan review process may establish a greater or
lesser setback as it determines necessary and advisable. In determining
such yard setbacks, the Plan Commission shall consider the size and
configuration of the proposed buildings, their relationship to the
existing and proposed buildings and uses of land, and their relationship
to existing and proposed thoroughfares; in order to maximize vehicular
and pedestrian safety and reduce any negative impact on adjacent land
uses.
A.
Purpose. This zone is designed to provide for a variety
of office, business service, entertainment and retail uses which occupy
the prime retail frontage, by serving the comparison, convenience,
and service needs of the market area which includes the City and surrounding
communities. The regulations of the Central Business District are
designed to promote convenient pedestrian shopping and the stability
of retail development by encouraging a continuous retail frontage
and by prohibiting automotive-related services and nonretail uses
which tend to break up such continuity.
B.
Permitted uses.
(1)
All permitted uses allowed in the Neighborhood Business
Zone.
(2)
Private service clubs, social organizations and lodge halls that do not serve alcohol, or those serving alcohol for which the City Commission has approved a plan of operation subject to requirements set forth in § 770-52, Alcoholic beverages.
[Amended 1-23-2023 by Ord. No. 2022-08]
(3)
Hotels, provided they are no less than four stories.
(4)
Residential dwelling units above a first floor of
a permitted use when the ground floor street frontage is a permitted
use other than parking.
(5)
Retail sale of used clothing and furniture.
(6)
Standard and carry-out restaurants that do not serve alcohol, or those serving alcohol for which the City Commission has approved a plan of operation, provided that they are located with direct access to a public alley and able to provide adequate provisions for loading and unloading and refuse collection, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Amended 1-23-2023 by Ord. No. 2022-08]
C.
Special land uses.
(1)
Residential dwelling units on a ground floor or on
an aboveground floor of parking or a special land use.
(3)
Entertainment facilities, including performing arts
and cinematic theaters, and billiard halls, excluding mechanical amusement
arcades with all activities conducted within an enclosed building.
(4)
Licensed dance hall when associated with a restaurant.
(5)
Funeral homes.
(6)
Multimodal transportation facilities.
(7)
Senior housing, adult foster care congregate facility and convalescent centers, subject to the requirements of § 770-72, Senior housing, adult foster care congregate facility and convalescent centers.
(8)
Bed-and-breakfast operations, subject to the requirements set forth in § 770-78, Bed-and-breakfast facilities.
(9)
Establishments serving alcohol 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, provided that they are located with direct access to a public alley and able to provide adequate provisions for loading and unloading and refuse collection and subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04; 1-23-2023 by Ord. No. 2022-08]
(10)
Convention and exhibition halls and conference
and banquet centers.
(11)
Food and beverage sales, including convenience grocery stores with sales of packaged alcoholic beverages, subject to the requirements set forth in § 770-52, Sale of alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04]
(12)
Fitness centers/training studios including use
of equipment or space for the purpose of physical exercise, including
activities such as aerobics, court sports, weight lifting/strength
training, swimming and dance and martial arts training with a gross
floor area greater than 2,500 square feet.
(13)
Private parking structure, when not associated
with a permitted use.
(14)
Cigar bars, provided they comply with the Dr. Ron Davis Smoke-Free
Air Law, Michigan Public Act 188 of 2009.
[Added 10-1-2012 by Ord. No. 2012-15]
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Height. Subject to a determination of the Plan Commission,
height shall be subject to the following:
(a)
All buildings, or portions of buildings, on lots immediately
adjacent to a residentially zoned parcel and not separated by any
street, alley, or other right-of-way, or separated by only an alley,
shall be maintained at no greater than 30 feet in height;
[Added 5-20-2013 by Ord. No. 2013-08[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection D(1)(a) through (e) as Subsection D(1)(b) through
(f), respectively.
(b)
All buildings, or portions of buildings, less
than 100 feet from a residentially zoned parcel shall be maintained
at no greater than 50 feet in height;
(c)
All buildings, or portions of buildings, between
100 and 150 feet from a residential zoned parcel shall be maintained
at no greater than 75 feet in height;
(d)
All buildings, or portions of buildings, between
150 feet and 300 feet from a residential zoned parcel shall be maintained
at no greater than 100 feet in height;
(e)
All buildings, or portions of buildings, greater
than 300 feet from a residential zoned parcel shall be maintained
at no greater than 125 feet in height;
(f)
Or, a total height as determined to be advisable
by the Plan Commission in the course of its site plan review process.
(2)
Setbacks. When a property is abutting or adjacent to a One-Family
Residential Zone with or without an intervening alley or street, the
setback shall be 25 feet or a setback as may be determined to be necessary
and advisable by the Planning Commission in the course of its site
plan review process. Portions of a structure or building over 40 feet
in height shall be set back a minimum of 15 feet from any right-of-way,
except for a public alley, or a distance as may be determined to be
necessary and advisable by the Planning Commission in the course of
its site plan review process.
[Amended 4-21-2014 by Ord. No. 2014-04]
A.
Purpose.
(1)
The Regional Business Zone is intended to provide
for the combining of office, high-density multiple-family, and hotels
in a planned development, and to provide for the combining of ancillary
retail and service uses with the office, hotel and/or residential
development. The zone is established in order that the public health,
safety and general welfare will be furthered through redevelopment
efforts intended to correct and prevent physical deterioration and
obsolescence, and promote economic growth in the City. The zone is
also established to further the public health, safety and general
welfare of the Detroit region through the provision of regionally
oriented facilities in an urbanized area where necessary infrastructure
improvement already exists, thus relieving the general public of the
costs of providing such improvements in rural or semi-rural areas.
(2)
It is further intended that this zone complement and
enhance the City's Central Business District, rather than competing
with it. Therefore, secondary retail business or service establishments
are permitted only as set forth below and subject to the requirements
set forth in subsequent sections of this chapter.
B.
Permitted uses.
(1)
Business, administrative, and professional offices.
[Amended 10-1-2012 by Ord. No. 2012-16]
(2)
Hotels with no less than two stories and 100 units/suites, each containing
no less than 300 square feet. All hotels shall also contain conference/banquet
room facilities to accommodate at least 500 persons, or a lesser number
of people determined necessary and advisable by the Planning Commission.
[Amended 10-1-2012 by Ord. No. 2012-13]
(3)
Multiple-family dwellings at a density of no less
than 10 units per acre.
(4)
Enclosed theaters, assembly halls, concert halls,
auditoriums, convention halls, exhibition halls and, fitness centers/training
studios including use of equipment or space for the purpose of physical
exercise, including activities such as aerobics, court sports, weight
lifting/strength training, swimming, and similar activities. Such
uses shall contain a minimum of 20,000 square feet or be associated
and ancillary to a permitted use.
(5)
Establishments serving alcohol for which the City Commission has approved a plan of operation, such as, but not limited to, hotels, theaters, assembly halls, concert halls, auditoriums, convention halls, and exhibition halls, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Added 1-23-2023 by Ord. No. 2022-08]
(6)
The
following uses shall be considered secondary uses and shall not exceed
10% of the total combined gross floor area of all primary and secondary
uses:
[Added 1-23-2023 by Ord. No. 2022-08]
(a)
Standard restaurants for on-site consumption that do not serve alcohol, or those serving alcohol for which the City Commission has approved a plan of operation, subject to the requirements set forth in § 770-52, Alcoholic beverages.
(b)
Retail sale of prepackaged food and beverages without sales of packaged
alcoholic beverages, drug and health care products, jewelry, tobacco,
clothing, clothing accessories, shoes, eyeglasses, books, newsstands,
prerecorded music, luggage, hobby, toy, games, gifts, small electronics,
office and household supplies.
(c)
Florist shops.
(d)
Retail sales of gifts, books, and jewelry.
(e)
Personal service establishments: small scale postal, courier and
messenger services dropoff centers; photographic studios; barber and
hair salons, nail shops, and tanning salons; watch and jewelry repair,
tailors and alteration shops and shoe repair; laundry or dry-cleaning
outlets; print shops or copiers without offset printing; and similar
establishments.
(f)
Day-care centers or nursery schools which are ancillary to a principal
use.
C.
Special land uses.
(2)
The following uses shall be considered secondary uses
and shall not exceed 10% of the total combined gross floor area of
all primary and secondary uses:
[Amended 1-23-2023 by Ord. No. 2022-08]
(a)
Standard restaurants for on-site consumption serving alcohol for which the City Commission has not approved a plan of operation, subject to the requirements set forth in § 770-52, Alcoholic beverages.
(b)
Retail sales of packaged alcoholic beverages, subject to the
requirements set forth in § 770- 52, Alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04]
(c)
Florists shops.
(d)
Retail sales of gifts, books and jewelry.
(e)
Personal service establishments: small scale
postal, courier and messenger services drop-off centers, photographic
studios, barber and hair salons, nail shops, and tanning salons, watch
and jewelry repair, tailors and alteration shops and shoe repair,
laundry or dry cleaning outlets, print shops or copiers without off-set
printing, and similar establishments.
(f)
Day-care centers or nursery schools which are
ancillary to a principal use.
(3)
Hospitals and outpatient medical clinics, subject to the requirements set forth in § 770-79, Hospitals and outpatient medical clinics.
[Amended 10-1-2012 by Ord. No. 2012-16]
(6)
Motels with no less than two stories and 100 units/suites, each containing
no less than 300 square feet. All motels shall also contain conference/banquet
room facilities to accommodate at least 500 persons, or a lesser number
of people determined necessary and advisable by the Planning Commission.
[Amended 10-1-2012 by Ord. No. 2012-13]
(7)
Establishments serving alcohol for which the City Commission has not approved a plan of operation, such as, but not limited to, hotels, theaters, assembly halls, concert halls, auditoriums, convention halls, and exhibition halls, subject to the requirements set forth in § 770-52, Alcoholic beverages.
[Added 1-23-2023 by Ord. No. 2022-08]
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Lot size. No lot shall be less than 15 acres in area.
(2)
Height. No principal building shall be taller than
50 feet unless the Plan Commission determines that the following conditions
have been met:
(a)
The number of buildings so excepted shall not
be detrimental to the site or surrounding properties and shall be
consistent with an approved Master Plan for the area.
(b)
The excepted buildings are consistent and compatible
with the general character of the building development in the City.
(c)
The excepted buildings serve a defined and generally
recognized architectural purpose, i.e., creation of a focal point
for the project, establishment of a view or vista, etc., which is
central to the overall design concept of a regional business zone
development.
(d)
The excepted buildings shall not be detrimental
to adjacent properties outside of the Regional Business District Zone.
(3)
Setbacks.
(a)
No setback shall be required except where the
property is adjacent to a residential zone. If a setback is to be
provided, it shall not be less than five feet. Where the property
is adjacent to a residential zone, the setback shall be as follows:
[1]
Front yard setback. Where the property is on
the same side of a street, in the same block, as a property zoned
residential, with or without an intervening alley, the required front
yard setback shall be equal to that setback required in the residential
zone.
[2]
Rear and side yard setback. Where there is no
intervening alley, the side and rear yard setbacks shall be 25 feet.
Where a public alley is adjacent to a side or rear lot line, the setback
shall be 25 feet measured from the center line of said public alley.
(b)
Alternately, the Plan Commission in the course
of its site plan review process may establish a greater or lesser
setback as it determines necessary and advisable. In determining such
yard setbacks, the Plan Commission shall consider the size and configuration
of the proposed buildings, their relationship to the existing and
proposed buildings and uses of land, and their relationship to existing
and proposed thoroughfares; in order to maximize vehicular and pedestrian
safety and reduce any negative impact on adjacent land uses.
A.
Purpose. This zone is designed to provide the location
and space for all manner of industrial, wholesale, and industrial
storage uses. It is the purpose of these regulations to permit the
development of certain functions, to protect the surrounding areas
from incompatible industrial activities, to restrict the intrusion
of nonrelated uses such as residential, retail business and commercial,
and to encourage the discontinuance of uses presently existing in
the zone which are nonconforming by virtue of the type of use. To
these ends, certain uses are excluded which would function more effectively
in another zone and which would interfere with the operation of the
uses permitted in this zone.
B.
Permitted uses.
(1)
All permitted and special land uses unless specifically
listed herein as a special land use allowed in the Office Service
Zone.
(2)
Bottling of soft drinks and other beverages.
(3)
Lithographic and blueprinting.
(4)
Warehouse, distribution centers or cold storage plant
completely contained within an enclosed building.
(5)
Commercial laundry and dry-cleaning plants.
(6)
Manufacturing, research, packaging, treatment fabrication,
assembly, testing and repair of the following:
(a)
Previously prepared materials, including bone,
cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass,
hair, horn, leather, paper, cardboard, plastic, precious or semiprecious
metals or stones, shell, textiles, tobacco, wood (excluding planing
mill), wax, wire, yarns and paint not requiring a boiling process.
(b)
Data processing equipment and systems, office,
computing, and accounting machines.
(c)
Musical instruments, glass, novelties, pottery,
figurines or similar ceramic products, small electrical parts (excluding
signs), rubber or metal stamps, hardware, tools cutlery, electronics,
audio and video equipment, small household appliances, and similar
items.
(d)
Baking goods, beverages, candy, cosmetics, dairy
products, perfumes, toiletries, tobacco manufacturing, condiments
and other packaged food products (except butchering, slaughtering,
fish, sauerkraut, cornstarch, vinegar and yeast).
(e)
Biological products, drugs, medicinal chemicals,
and pharmaceutical preparation.
(7)
Research and design centers.
(8)
Metal fabrication.
[Amended 4-21-2014 by Ord. No. 2014-04]
(9)
Pet kennels and day-care facilities with overnight
facilities and conducted entirely within an enclosed building.
(10)
Printing (off-set included), publishing, book
binding and engraving shops.
(11)
Self-service storage facilities subject to requirements set forth in § 770-62, Self-storage facilities.
(12)
Above ground tanks for inflammable fluids, provided
they comply with the Inflammable Liquids Regulations of the City of
Royal Oak.
(13)
Above-ground tanks for flammable, cryogenic, class I, and class II liquids and liquefied petroleum gas, provided they comply with Chapter 340, Fire Prevention.
[Amended 4-21-2014 by Ord. No. 2014-04]
(15)
Motion-picture studios contained within an enclosed building,
provided that there is no on-site housing of personnel and talent.
[Added 1-24-2011 by Ord. No. 2011-01]
C.
Special land uses.
(1)
Storage yards for lumber, coal, brick, stone and contractor's supplies subject to the requirements set forth in § 770-68, General, building and landscape contractor's offices and yards.
(3)
Machine shop or blacksmith shop, wrought iron shop,
tool and die shop, stone/marble/granite grinding, dressing or cutting
operations, finished carpentry, including painting and varnishing,
excluding punch presses over 20 tons' rated capacity, drop hammer
and screw machines.
(4)
Material recovery facility for the receipt, temporary storage, handling, sorting and distribution of solid recyclable materials subject to the requirements set forth in § 770-75, Materials recovery facility
(5)
Acetylene gas, alcohol, paint, oil (including linseed),
shellac, turpentine, lacquer, varnish, shoe polish, and oxygen manufacture.
(6)
Solvent recovery centers.
(8)
Battery manufacture, tire recapping or retreading.
(9)
Rock, sand, gravel distribution, excavation or crushing.
(10)
Wholesale storage of petroleum, gasoline or
oil.
(11)
Salt works or sodium compounds manufacture.
(12)
Motor freight depot or trucking terminal.
(13)
Standard and carry-out restaurants, provided that all establishments serving alcohol shall be subject to the requirements set forth in § 770-52, Sale of alcoholic beverages.
(14)
Indoor commercial recreation such as fencing, court sports, large scale gymnastics facilities, gun and archery ranges, subject to § 770-53, Indoor commercial recreation facilities.
(17)
Automobile repair garage subject to the requirements set forth in § 770-66, Automobile repair garage.
(18)
Crematorium.
(19)
Heliopad when accessory to a hospital and subject to the requirements set forth in § 770-80, Heliopads.
(20)
Churches and other institutions for religious worship, subject to the requirements set forth in § 770-74, Churches and other institutions for religious worship.
(21)
Hospitals and outpatient medical clinics, subject to the requirements set forth in § 770-79, Hospitals and outpatient medical clinics.
[Amended 10-1-2012 by Ord. No. 2012-16]
(22)
Drive-through facilities for banks, credit unions,
savings and loan associations.
(23)
Residential, commercial, industrial and large
scale recreational/amusement machinery and equipment rental and leasing
agencies, with or without outdoor storage.
(24)
Truck, utility trailer and recreational vehicle
rental or leasing.
(25)
Transportation service providers (taxi, limousine,
private or charter bus).
(26)
Public utility substations and transmission
facilities.
(27)
Pet kennels and day-care facilities with overnight
facilities and/or outdoor exercise runs or pens.
(28)
Auto storage lots and vehicle towing centers.
(29)
Automobile dealerships when associated with a repair/service facility subject to the requirements set forth in § 770-66, Automobile repair garage.
(30)
Motion-picture studios with outdoor sets, production facilities,
or storage of materials, provided that there is no on-site housing
of personnel and talent.
[Added 1-24-2011 by Ord. No. 2011-01]
(31)
Marihuana establishments (except for designated consumption establishments, excess marihuana growers, marihuana event organizers, and temporary marihuana events, all of which are specifically prohibited), subject to the requirements set forth in § 770-52.1, Marihuana establishments.
[Added 7-27-2020 by Ord.
No. 2020-07]
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special land uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Height. No building shall be taller than four stories
or 50 feet.
(2)
Setbacks:
(a)
No setback shall be required except where the
property is adjacent to a residential zone. If a setback is to be
provided, it shall not be less than five feet. Where the property
is adjacent to a residential zone, the setback shall be as follows:
[1]
Front yard setback. Where the property is on
the same side of a street, in the same block, as a property zoned
residential, with or without an intervening alley, the required front
yard setback shall be equal to that setback required in the residential
zone.
[2]
Rear and side yard setback. Where there is no
intervening alley, the side and rear yard setbacks shall be 25 feet.
Where a public alley is adjacent to a side or rear lot line, the setback
shall be 25 feet measured from the center line of said public alley.
(b)
Alternately, the Plan Commission in the course
of its site plan review process may establish a greater or lesser
setback as it determines necessary and advisable. In determining such
yard setbacks, the Plan Commission shall consider the size and configuration
of the proposed buildings, their relationship to the existing and
proposed buildings and uses of land, and their relationship to existing
and proposed thoroughfares; in order to maximize vehicular and pedestrian
safety and reduce any negative impact on adjacent land uses.
A.
Purpose. This zone is intended to provide for a mixture of residential, office and low-intensity public/institutional uses in an urban design pattern. While permitting redevelopment and reuse of certain areas of the City, uses within the Mixed Use 1 District are intended to be compatible with the established residential neighborhoods. In order to be eligible for approval under this section, a proposed development must meet the standard set forth in § 770-85, Mixed use development regulations, and all of the following criteria:
(1)
The property shall be located within an area planned
for mixed use residential/office/public/institutional in the Master
Plan.
(2)
In general, the proposed development shall be consistent
with the Master Plan. In particular, the proposed development shall
be compatible with adjacent uses and improvements, shall minimize
adverse impact to traffic circulation, and shall be of overall benefit
to the community. A single use may be proposed; however, said proposed
use shall be consistent and compatible with the mixed use intent of
this section.
(3)
The proposed development shall not be in conflict
with a development agreement entered into with the City relative to
the property.
B.
Permitted uses.
(1)
All permitted and special land uses in and subject
to all requirements of the One-Family Residential Zone.
(2)
Two-family dwellings, provided each dwelling has an
exclusive principal entry from the exterior at grade and is attached
to the other dwelling solely by common walls, subject to all requirements
of the Two-Family Residential Zone.
(3)
Senior housing subject to the requirements set forth in § 770-72, Senior housing, adult foster care congregate facility and convalescent centers.
(4)
Single-family attached dwellings.
(5)
All permitted uses in the Office Service Zone.
C.
Special land uses.
(1)
Multiple-family dwellings subject to the requirements set forth for multiple-family dwelling in § 770-37, Multiple-Family Residential. Regarding multiple-family and senior housing properties which are located at least 150 feet from all established residential zones, a density bonus of up to 100% by the Plan Commission if it finds that:
(a)
The proposed density will not adversely impact
adjacent properties or nearby residential neighborhoods.
(b)
The added density is necessary to support redevelopment
of an area, which currently contains uses that have an adverse impact
upon adjacent properties.
(c)
The proposed development is designed to facilitate
the objectives and strategies of the Master Plan.
(2)
Special land uses in the Office Service Zone.
(3)
Recreational areas or social facilities, institutions
or community recreational centers, and swimming pools, or tennis clubs
as a component of a mixed use development.
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Lot area and width. No lot shall have a minimum frontage
of less than 50 feet, while the minimum area shall be established
by the restrictions governing lot coverage, setbacks, screening, and
parking requirements.
(2)
Height. No building shall exceed a height of 36 feet. The Planning
Commission may allow a greater height of no more than 56 feet, if
it finds that:
[Amended 12-6-2021 by Ord. No. 2021-11]
(a)
The proposed height will not adversely impact adjacent properties
or nearby residential neighborhoods.
(b)
The added height is necessary to support redevelopment of an
area which currently contains uses that have an adverse impact upon
adjacent neighborhoods.
(c)
The proposed development is designed to facilitate the objectives
and strategies of the Master Plan.
(3)
Setback (excluding single-family detached and two-family
dwellings).
(a)
No setback shall be required except where the
property is adjacent to a residential zone. If a setback is to be
provided, it shall not be less than five feet. Where the property
is adjacent to a residential zone the setback shall be as follows:
[1]
Front yard setback. Where the property is on
the same side of a street, in the same block, as a property zoned
residential, with or without an intervening alley, the required front
yard setback shall be equal to that setback required in the residential
zone.
[2]
Rear and side yard setback. Where there is no
intervening alley, the side and rear yard setbacks shall be 25 feet.
Where a public alley is adjacent to a side or rear lot line, the setback
shall be 25 feet measured from the center line of said public alley.
(b)
Multiple-family yard setbacks shall be a minimum
of 10 feet.
(c)
Alternately, the Plan Commission in the course
of its site plan review process may establish a greater or lesser
setback as it determines necessary and advisable. In determining such
yard setbacks, the Plan Commission shall consider the size and configuration
of the proposed buildings, their relationship to the existing and
proposed buildings and uses of land, and their relationship to existing
and proposed thoroughfares; in order to maximize vehicular and pedestrian
safety and reduce any negative impact on adjacent land uses.
(4)
Distance between buildings. The minimum distance between
two multiple-family buildings on a single lot or on contiguous property
under the same ownership shall be 20 feet, or such distance determined
necessary by the Plan Commission to enhance the character of development.
A.
Purpose. This zone is intended to provide for a mixture of residential, office, low-intensity public/institution uses, and neighborhood business uses in an urban design pattern. Such uses are intended to link the Central Business District with residential neighborhoods and the Woodward/I-696 Regional Business District. Upper floor residential uses are encouraged above lower level retail or office uses. In order to be eligible for approval under this section, a proposed development must meet the standard set forth in § 770-85, Mixed use development regulations, and all of the following criteria:
(1)
The property shall be located within an area planned
for mixed use residential/office/commercial in the City of Royal Oak
Master Plan.
(2)
In general, the proposed development shall be consistent
with the Master Plan. In particular, the proposed development shall
be compatible with adjacent uses and improvements, shall minimize
adverse impact to traffic circulation, and shall be of overall benefit
to the community. A single use may be proposed; however, said proposed
use shall be consistent and compatible with the mixed use intent of
this section.
(3)
The proposed development shall not be in conflict
with a development agreement entered into with the City relative to
the property.
B.
Permitted uses.
(1)
All permitted uses set forth in the Mixed Use 1 Zone.
(2)
All permitted land uses set forth in the Neighborhood
Business Zone.
(3)
Multiple-family dwellings subject to the requirements set forth for multiple-family dwelling in § 770-37, Multiple-Family Residential. Regarding multiple-family and senior housing properties which are located at least 150 feet from all established residential zones, a density bonus of up to 100% by the Plan Commission if it finds that:
(a)
The proposed density will not adversely impact
adjacent properties or nearby residential neighborhoods.
(b)
The added density is necessary to support redevelopment
of an area, which currently contains uses that have an adverse impact
upon adjacent properties.
(c)
The proposed development is designed to facilitate
the objectives and strategies of the Master Plan.
C.
Special land uses.
(1)
All special land uses set forth in the Neighborhood
Business Zone, except drive-through facilities which are specifically
prohibited.
D.
Area and bulk regulations. The following minimum requirements
shall apply to all permitted and special uses unless a more restrictive
requirement is provided for in this chapter:
(1)
Lot area and width. No lot shall have a minimum frontage
of less than 50 feet, while the minimum area shall be established
by the restrictions governing lot coverage, setbacks, screening, and
parking requirements.
(2)
Height. No building shall exceed a height of 36 feet. The Planning
Commission may allow a greater height of no more than 56 feet, if
it finds that:
[Amended 12-6-2021 by Ord. No. 2021-11]
(a)
The proposed height will not adversely impact adjacent properties
or nearby residential neighborhoods.
(b)
The added height is necessary to support redevelopment of an
area which currently contains uses that have an adverse impact upon
adjacent neighborhoods.
(c)
The proposed development is designed to facilitate the objectives
and strategies of the Master Plan.
(3)
Setback (excluding single-family detached and two-family
dwellings).
(a)
No setback shall be required except where the
property is adjacent to a residential zone. If a setback is to be
provided, it shall not be less than five feet. Where the property
is adjacent to a residential zone the setback shall be as follows:
[1]
Front yard setback. Where the property is on
the same side of a street, in the same block, as a property zoned
residential, with or without an intervening alley, the required front
yard setback shall be equal to that setback required in the residential
zone.
[2]
Rear and side yard setback. Where there is no
intervening alley the side and rear yard setbacks shall be 25 feet.
Where a public alley is adjacent to a side or rear lot line, the setback
shall be 25 feet measured from the center line of said public alley.
(b)
Multiple-family yard setbacks shall be a minimum
of 10 feet.
(c)
Alternately, the Plan Commission in the course
of its site plan review process may establish a greater or lesser
setback as it determines necessary and advisable. In determining such
yard setbacks, the Plan Commission shall consider the size and configuration
of the proposed buildings, their relationship to the existing and
proposed buildings and uses of land, and their relationship to existing
and proposed thoroughfares; in order to maximize vehicular and pedestrian
safety and reduce any negative impact on adjacent land uses.
(4)
Distance between buildings. The minimum distance between
two multiple-family buildings on a single lot or on contiguous property
under the same ownership shall be 20 feet, or such distance determined
necessary by the Plan Commission to enhance the character of development.
A.
Purpose. This zone is intended to provide for various types of land uses planned in a manner which shall encourage the use of land in accordance with its character and adaptability; encourage innovation in land use planning; provide enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the people of the City; and bring about a greater compatibility of design and use. All planned unit development projects are subject to the criteria and standards set forth in Article VIII.
A.
Purpose. This zone is intended to address developments proposed as a result of obsolete or materially nonconforming hotel or motel sites, school sites or other sites as identified by the Plan Commission. This zone is intended to provide for various types of land uses planned in a manner which shall encourage the use of land in accordance with its character and adaptability; encourage innovation in land use planning; provide enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the people of the City; and bring about a greater compatibility of design and use. All special redevelopment projects are subject to the criteria and standards set forth in § 770-87, Special redevelopment projects.
