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

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

Applicable licenses with the State of Michigan shall be maintained.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Height.

Location and setbacks.

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

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

Location and setbacks.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Placement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Findings.

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

Incentives.

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

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

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

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

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

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

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

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

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

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

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

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.

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.

Applicable licenses with the State of Michigan shall be maintained.

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

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

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

Appropriate licenses with the State of Michigan shall be maintained.

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

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

Internal spacing.

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

Building design.

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

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

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

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

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

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

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

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

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

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

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

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

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

Adult-oriented commercial enterprises.

Escort services and/or escort agencies.

Massage parlors and/or massage establishments.

Pawnbrokers and/or pawnshops.[2]

Tattoo and/or body piercing and/or branding studios.

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

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

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

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

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

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

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

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

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

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

Building height shall not exceed 140 feet.

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

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

Facades and exterior walls:

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

Materials and colors.

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

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

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

Pedestrian circulation.

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

Outdoor storage areas shall be prohibited.

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

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

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

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

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

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

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

Site planning design criteria.

Building roofs.

Color and texture.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Requirements for co-location.

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

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

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

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

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