Royal Oak City Zoning Code
ARTICLE IV
Zone Regulations and General Provisions
§ 770-19 Zone designations.
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 |
§ 770-20 Zoning Map.
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.
§ 770-21 Application of Zoning District regulations.
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.
§ 770-22 Accessory buildings.
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.
§ 770-23 Minimum floor area of dwelling units.
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 |
§ 770-24 One-family dwelling unit standards.
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.
§ 770-25 Home occupations.
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.
§ 770-26 Family day-care homes.
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.
§ 770-27 Essential services.
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.
§ 770-28 Restrictions on parking of commercial vehicles.
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.
§ 770-29 Visibility at intersections.
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.
§ 770-30 General building design and project compatibility.
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.
§ 770-34 One-Family Residential.
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]
§ 770-35 One-Family Large Lot Residential.
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]
§ 770-36 Two-Family Residential.
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%.
§ 770-37 Multiple-Family Residential.
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.
§ 770-38 Office Service.
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.
§ 770-39 Neighborhood Business.
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.
§ 770-40 Neighborhood Business II.
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.
§ 770-41 General Business.
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.
§ 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 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]
§ 770-43 Regional Business.
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.
§ 770-44 General Industrial.
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.
§ 770-45 Mixed Use 1.
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.
§ 770-46 Mixed Use 2.
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.
§ 770-47 Planned Unit 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.
§ 770-48 Special redevelopment.
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.