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City of Royal Oak, MI
Monday, October 14, 2019

Chapter 770. Zoning

Article IV. Zone Regulations and General Provisions

§ 770-42. Central Business District.

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, subject to requirements set forth in § 770-52, Sale of alcoholic beverages.
(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, 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.
C. 
Special land uses.
(1) 
Residential dwelling units on a ground floor or on an aboveground floor of parking or a special land use.
(2) 
Outdoor cafe service or dining, operated by a restaurant or other food establishment which sells food or drinks for immediate consumption, subject to the requirements set forth in § 770-52, Sale of alcoholic beverages, if applicable, and § 770-70, Outdoor cafe service.
(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, 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, Sale of alcoholic beverages.
[Amended 4-21-2014 by Ord. No. 2014-04]
(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]
(15) 
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]
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]