Roseville City Zoning Code
ARTICLE XI
B-2 Community Business District
§ 370-35 Intent.
The B-2 Community Business District is designed to cater to the needs of a larger consumer population than is served by the Local Business District, and is generally characterized by an integrated or planned cluster of establishments served by a common parking area and generating large volumes of vehicular and pedestrian traffic.
§ 370-36 Principal permitted uses .
The following regulations shall apply to all B-2 Districts, and no building, structure, or premises, except as otherwise provided in this chapter, shall be erected, altered, or used except for one or more of the following specified uses:
A.
Any principal permitted retail business or service use in B-1 Districts.
B.
All retail business or service establishments or processing uses as follows:
(1)
Any retail business whose principal activity is the sale of merchandise in an enclosed building.
(2)
Any service establishment of an office, showroom, or workshop nature of an electrician, decorator, dressmaker, tailor, baker, printer, upholsterer; or any establishment doing radio or home appliance repair, photographic reproduction, and similar service establishments that require a retail adjunct.
(3)
Fraternities, clubs, lodges, social or recreational buildings and facilities.
(4)
Dining, drinking, and reception facilities:
[Amended 2-26-2019 by Ord. No. 1308]
(a)
Restaurants, including those with carry-out, and fast food sit-down without drive-through. (Accessory lounges are permitted.)
(5)
Restaurant (carry-out), as defined in this chapter, except that seating for customers may be provided as regulated in § 370-33B of this chapter.
(6)
Theaters, assembly halls, concert halls or similar places of assembly when conducted completely within enclosed buildings.
(7)
Business schools and colleges or private schools operated for profit.
(8)
Other uses similar to the above uses.
(9)
Accessory structures and uses customarily incident to the above-permitted uses.
§ 370-37 Permitted uses subject to special conditions.
The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Building Department.
A.
Conditional uses permitted in the B-1 Districts, subject to the conditions set forth in the B-1 Districts for each use.
B.
Open-air business uses when developed in conjunction with a planned commercial center within the B-2 District as follows:
(1)
Retail sales of plant material not grown on the site, and sales of lawn furniture, playground equipment and garden supplies, provided further that such uses shall be located at the exterior end of the building mass, but not in any minimum setback requirement of the district.
(2)
Recreational space providing children's amusement park and other similar recreation when part of a planned development, provided further that such use be located at the exterior end of the building mass located in a B-2 District, but not at the intersection of two major thoroughfares. Such recreation space shall be fenced on all sides with a minimum four-foot chain-link-type fence.
C.
Bowling alleys, billiard halls, indoor archery ranges, indoor tennis courts, indoor skating rinks, or similar forms of indoor commercial recreation except arcades when located at least 100 feet from the nearest wall of the building to any front, rear, or side yard of any residential lot in an adjacent residential district.
D.
Arcades, provided they are located within a planned commercial center as defined in this chapter and subject further to the applicable requirements of Chapter 73, Amusements, of the Roseville Code of Ordinances.
E.
Automobile service centers, when developed as part of a planned commercial center designed so as to integrate the automobile service center within the site plan and architecture of the total shopping center; and provided further that a building permit shall not be issued separately for the construction of any automobile service center within the B-2 District.
F.
Freestanding accessory uses such as offices, banks and savings and loan outlets and their accessory drive-through facilities, medical offices, or clinics, sit-down, drive-through fast food carry-out and fast food sit-down restaurants as defined in this chapter, as well as retail commercial uses, except gasoline service stations as provided.
(1)
They must be accessory to a principal permitted use on the land and shall be erected only in conjunction with or subsequent to erection of the principal use on the land.
(2)
Only an accessory office bank savings and loan or medical clinic shall be permitted on any accessory use site next to a residential district.
(3)
If an interior access road is provided for the principal use, all access to any accessory use permitted herein shall be only from the interior access road. If an interior access road is not provided, one of the following alternatives shall apply.
(a)
If the site for the accessory use lies next to a driveway entrance to the principal use, access for the accessory use shall be via that entrance.
(b)
If the land along the principal site's frontage is available for two or more contiguous accessory uses, provisions shall be made for the location of an access drive to serve the accessory uses. The access drive may be located at the front or at the rear of the site of the accessory use, but its location shall be uniformly the same for all accessory uses.
(c)
If access cannot be gained in either manner outlined above, access to an accessory use may be gained directly from a road fronting the site, provided such access is at least 60 feet from any other entrance to the principal use.
(4)
The use shall meet the applicable numerical off-street parking requirements and the off-street parking layout standards, as well as loading and unloading requirements of this chapter, and all such requirements will be met within the lot, parcel or area of a site specifically designated for the use. For uses having drive-up or drive-through window services, see §§ 370-76 and Section 370-77 of the Ordinance Code.
(5)
Existing off-street parking spaces for the principal use of the site may not be used to meet the off-street parking requirement of a secondary use unless they are in excess of the minimum number of parking spaces required for the principal use.
(6)
Whenever existing excess parking may be used for a secondary use on the site, that parking shall be physically separated from parking used for the principal use by means of raised (curbed) landscape islands, except nothing herein is intended to discourage direct limited access to a secondary use from the off-street parking area of the principal use.
(7)
Whenever an accessory use as permitted herein shall be attached in any way or manner to the principal building or use of the property, the minimum building setback requirements of the district shall apply. Whenever a secondary use shall be housed in a building detached and physically independent of the principal building or use, the following minimum building setback requirements may be applied to the secondary use,
(a)
Front yard setback: 40 feet. Within this setback, a minimum of 10 feet of landscaped lawn panel shall be provided between the front property line and any intersecting service drive or off-street parking space if a site access service drive is required as set forth in Subsection F(3)(b) above the drive shall be 22 feet wide and shall be set back 10 feet from the nearest accessory site line and shall extend in a continuous manner and at a continuous elevation from one accessory site to the next.
(b)
Side yard setback (each side): 20 feet, except in the case of an exterior side yard, the minimum setback shall be the same as the front yard and all conditions applicable to the front yard setback shall apply.
(c)
Rear yard setback: 20 feet, except in the case of a double frontage lot, the minimum setback shall be the same as a front yard and all conditions applicable to the front yard setback shall apply.
(8)
Except as otherwise permitted herein, all loading, unloading, as well as the location of a trash receptacle shall be restricted to the rear yard area. The trash receptacle shall be screened in accordance with the screening requirements of this chapter. Loading, unloading and the trash receptacle with corresponding screening structure may be located in the interior side yard when the Building Department or the Planning Commission shall determine that:
(a)
The site of the accessory use is a double frontage site.
(b)
The size or configuration of the site, or the required location of the accessory use on the site, results in a less desirable rear yard location for these operations.
(c)
In determining if the interior side yard alternative is preferred to the required rear yard location, the Building Department or the Planning Commission shall be satisfied that an interior side yard location will result in a more efficient use of both functions. The Building Department or the Planning Commission shall also be satisfied that the alternative location shall not have an adverse visual or functional impact on any adjacent use and that all such interior side yard functions will be effectively screened from view.
(9)
The minimum building height limitations of the district notwithstanding, the maximum building height of all secondary uses shall be 25 feet.
G.
Dining, drinking, and reception facilities:
[Added 2-26-2019 by Ord. No. 1308[1]]
(1)
Bars, taverns, lounges, breweries, and distilleries.
(2)
Restaurants with a liquor license, drive-in or drive-through, meeting the following standards:
(a)
Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.
(b)
All lighting shall be shielded from adjacent residential districts.
(c)
A completely obscuring architectural masonry screen wall as required in Article XXII of this chapter shall be provided when abutting or adjacent to R, OS, B-1, B-2 or B-3 Districts. For OS, B-1, B-2, B-3 Districts, the applicant can submit evidence to demonstrate that a waiver of the screen wall does not result in any unnecessary hardship on surrounding properties and businesses. The Plan Commission may approve such waiver upon finding that such waiver does not result in any unnecessary hardship of surrounding properties and businesses.
(3)
Outdoor cafes are allowed in accordance with the following regulations:
(a)
An outdoor cafe may be set up and used from March 15 through October 31. The permitted hours of operation are from 10:00 a.m. to 12:00 midnight in B-3 Business Districts unless longer hours are specifically approved by the Planning Commission and the City Council. Noise radiating from an outdoor café which exceeds 50 DBA between 8:00 p.m. and 12:00 midnight, or other approved hours, or 55 DBA between 7:00 a.m. and 8:00 p.m. shall constitute prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area. The "DBA" represents the sound pressure level in decibel measured on the "A" scale of a standard sound level meter. Noise level measurements shall be taken at the zoning district boundary of any residential zoning district, recreation unit district and any planned development as may be appropriate. In all other districts, noise level measurements shall be taken at the property line of an affected property. The City Council may, by resolution, extend the dates of operation or the hours of operation for a stipulated number of days, not to exceed a total of 30 days per calendar year.
(b)
A site drawing showing the detailed plan of the outdoor cafe must be submitted to and approved by the Planning Commission. The detailed plan is to include the design, relevant details and location of all temporary structures such as awnings, planters, landscaping, railing, tables, chairs and other equipment, as well as lighting and electrical outlet locations. The layout shall show all seating, tables and chairs and shall be used to determine maximum occupancy load for the outdoor cafe. The occupancy load shall be posted in a conspicuous location.
(c)
Outdoor cafes, including any canopy or cover associated with such a cafe, shall be permitted within the required setback.
(d)
Outdoor cafes within the required setback shall not be enclosed, except as specified elsewhere in this chapter.
(e)
Outdoor cafes shall be exempt from any parking requirement if they have less than 30 seats. Outdoor cafe seating areas that have more than 30 seats shall provide one space for each three outdoor seats provided above 30 seats.
(f)
If alcohol is being served, it will include a fence, subject to approval of the Planning Commission.
(g)
No food and beverage preparation would occur in the outdoor cafe. All food and beverage preparation will incur inside the building housing the principal use and brought to the customer or carried by the customer to the outdoor cafe.
(h)
All fixtures associated with an outdoor cafe must be portable and related, as well as limited to food service (e.g., tables, chairs, serving trays). Furnishings of an outdoor cafe shall consist solely of readily removable awnings, covers, canopies, railings, tables, chairs, planters containing plants and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property, except that canopies and railings, if specifically approved by the Planning Commission and the City Council, may be secured by means of flush-mounted anchors or other methods approved by the Building Director. No objects which are part of an outdoor cafe, except lighting fixtures, railings, awnings, or other nonpermanent covers or canopies, may be attached, even in a temporary manner, to any building or structure on which the outdoor cafe abuts.
(i)
The outdoor cafe must be part of a licensed restaurant and meet all the requirements of the Department of Health and any other local, county or state requirements, including the Michigan Liquor Control Commission (if applicable).
(j)
Outdoor cafes are typically located immediately adjacent to the building housing the principal use.
(k)
Outdoor cafes do not have to be removed daily or on any regular schedule.
(l)
Outdoor cafes can have heating as long as they are not enclosed and the heating can be removed.
(m)
No signs or any other forms of advertising are permitted in the outdoor dining area with the exception of an identification or menu sign. The name of the establishment may appear on the valance of an umbrella.
(n)
Plans for setting up the outdoor cafe must be approved by the Building Department to provide for the free passage of pedestrians along the sidewalks, by the Police Department to provide for traffic and pedestrian safety, and by the Fire Department for fire safety issues. If alcohol is served, entrance to the outdoor cafe is required to be from inside the building. An outdoor cafe which is adjacent to residential properties or shares an alley with residential properties shall be screened with a solid fence a minimum of six feet high.
[1]
Editor's Note: This ordinance also redesignated former Subsection G as Subsection H.
H.
Permitted and special uses allowed in the B3 and OS Districts shall be allowed on property containing an enclosed mall on at least 40 acres of land, subject to the conditions set forth in the appropriately noted District. The Building Director or his or her designee may request a public hearing at the Planning Commission level.
[Added 8-11-2015 by Ord. No. 1285]
§ 370-38 Required conditions.
A.
All business establishments shall be retail or service establishments dealing directly with consumers. All goods provided on the premises shall be sold at retail on the premises where produced.
B.
All business, servicing or processing, except for off-street parking; loading and those open-air uses indicated as being subject to special conditions in § 370-37 above, shall be conducted within completely enclosed buildings.
C.
Except as permitted in § 370-37 above, the outdoor storage of goods or materials of any kind shall be expressly prohibited.
D.
See Article XVIII, Schedule of Regulations; District Options, limiting the height and bulk of buildings, the minimum size of a lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.