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Rochester Hills, MI Business Licensing & Operations: Adult Entertainment (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer from residential/school/church/park
1,000 feet
Permitted zoning district
B-3 shopping center business only
Approval required
City Council special land use
Review body before Council
Planning Commission, public hearing
Civil fine range
$70 to $500 (§ 66-37)

Summary

Rochester Hills confines adult motion picture theaters, adult bookstores or video stores and adult cabarets to the B-3 shopping center business district and requires 1,000 feet of separation from residential districts, schools, churches, parks and other adult businesses. The City Council may approve one only through special land use review under Zoning Ordinance § 138-4.400.

An adult motion picture theater, adult bookstore or video store or adult cabaret shall not be located:1.Within 1,000 feet of any residential zoning district (R-1, R-2, R-3, R-4, R-5, RE, RCD, RM-1 or RMH) or the property line of any single-family, two-family or multiple-family residential use. ... 2.Within 1,000 feet of the property line of any public or private school, college or university, or of any nursery school, day nursery or child care center.3.Within 1,000 feet of the property line of any church or other religious facility or institution.4.Within 1,000 feet of any public park.5.Within 1,000 feet of any other adult motion picture theater, adult bookstore or video store, or adult cabaret. ... D.An adult motion picture theater, adult bookstore or video store, or adult cabaret shall be located only within a B-3 shopping center business district.

Full Breakdown

Section 138-4.400 defines adult bookstores/video stores, adult cabarets and adult motion picture theaters by their emphasis on specified sexual activities or specified anatomical areas, and the City Council makes findings that such uses near homes, schools, churches and parks lower property values and create police and safety problems. Subsection C bars locating any of these uses within 1,000 feet of any residential district (R-1 through R-4, R-5, RE, RCD, RM-1 or RMH) or the property line of a single-family, two-family or multi-family residential use (including retirement and nursing homes); within 1,000 feet of any school, college, university, nursery school, day nursery or child care center; within 1,000 feet of a church or religious institution; within 1,000 feet of a public park; and within 1,000 feet of any other adult use.

Distances are measured in a straight line, ignoring intervening buildings, from the nearest point of the building or tenant space to the nearest property line, use or district boundary. Subsection D further restricts these uses to the B-3 shopping center business district, and subsection E requires special land use approval from the City Council, after Planning Commission review and a public hearing under § 138-2.302, with findings that the use complies with all Code provisions and will not have a deleterious effect on the area.

Violations & Fines

Operating an adult motion picture theater, bookstore, video store or cabaret outside the B-3 district, inside a 1,000-foot buffer, or without special land use approval is a Chapter 138 zoning violation. Under § 138-1.401 it is a municipal civil infraction, punishable by the § 66-37 civil fine schedule for code 138-7 (Zoning): $70 for a first violation, $150 for a first repeat, and $500 for a second or subsequent repeat, plus prosecution costs. The City may also seek a court order under § 138-1.402 declaring the unpermitted use a nuisance per se and ordering it abated.

Frequently Asked Questions

Can an adult bookstore open anywhere in Rochester Hills?
No. It must be located in the B-3 shopping center business district and receive special land use approval from the City Council after a Planning Commission review and public hearing under Zoning Ordinance § 138-4.400(D)-(E).
How far must an adult cabaret be from a school or church in Rochester Hills?
At least 1,000 feet from the property line of any public or private school, college, university, church or religious institution, measured in a straight line to the nearest property line under § 138-4.400(C).
What happens if an adult business opens in Rochester Hills without approval?
It is a municipal civil infraction under § 138-1.401, fined $70 to $500 per the § 66-37 schedule, and the City can also go to court to have the unapproved use declared a nuisance and abated under § 138-1.402.

Sources & Official References

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