The following general provisions apply to the uses outlined
in Table 4.1-1, Use Table.
A.
Permitted uses. Uses are either permitted by right, permitted with
development standards, or permitted if a special use permit is granted
from the Planning Commission.
|
Table 4.1-1
Use Table
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Use
|
Node
|
LW1
|
LW2
|
D1
|
D2
|
D3
|
CNode
|
CC2
|
CC
|
|
Key:
| |||||||||
|
P = Permitted
| |||||||||
|
S = Special Use
| |||||||||
|
PD = Permitted - Development Standards Required
| |||||||||
|
Blank cell means the use is not permitted.
| |||||||||
|
Residential/Lodging
| |||||||||
|
Bed-and-breakfast
|
P
|
P
|
PD
|
P
|
P
|
P
| |||
|
Hotel/motel
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Nursing home/assisted living/rehabilitation center/adult foster
care
|
PD
|
P
|
PD
|
P
|
P
|
PD
|
P
| ||
|
Residential (1 and 2 units)
|
PD
|
P
|
PD
|
PD
|
PD
|
P
|
PD
|
P
|
PD
|
|
Residential (3 and 4 units)
|
PD
|
P
|
P
|
PD
|
P
|
P
|
PD
|
P
|
PD
|
|
Residential: Multifamily (5 and more units)
|
PD
|
P
|
P
|
PD
|
P
|
P
|
PD
|
P
|
PD
|
|
Rooming house
|
PD
|
P
|
P
|
PD
|
P
|
P
|
PD
|
P
|
PD
|
|
Transitional residence
|
P
|
P
|
P
|
P
|
PD
| ||||
|
Civic/Institutional Uses
| |||||||||
|
Assembly
|
PD
|
P
|
P
|
PD
|
P
|
P
|
P
|
P
|
P
|
|
Assembly, religious
|
S
|
S
|
P
|
S
|
PD
|
P
| |||
|
College and university
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Hospital
|
P
|
P
|
P
|
P
|
P
| ||||
|
Library and museum
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Parks, open space, and preserve
|
P
|
P
|
PD
|
P
|
P
|
P
| |||
|
Police and fire station
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
School
|
P
|
P
|
P
|
P
|
P
| ||||
|
Commercial
| |||||||||
|
Adult regulated use
|
PD
| ||||||||
|
Agriculture
|
PD
|
PD
|
PD
|
PD
|
P
| ||||
|
Day-care center
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |
|
Entertainment sports (participant - indoor)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Entertainment sports (participant - outdoor)
|
S
|
S
|
S
|
S
|
PD
|
P
| |||
|
General retail
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
General services
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Kennels
|
PD
|
PD
|
PD
|
PD
|
P
| ||||
|
Office
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Outdoor sales and storage
|
S
|
S
|
S
|
S
|
PD
| ||||
|
Package liquor
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |
|
Parking (stand alone)
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |||
|
Vehicle service
|
PD/S
|
PD/S
|
PD/S
|
PD/S
|
PD/S
| ||||
|
Industrial
| |||||||||
|
Craftsman industrial
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
|
Industrial
|
PD
| ||||||||
|
Warehouse and distribution
|
S
|
S
| |||||||
|
Marihuana, Adult-Use Establishments
| |||||||||
|
Grower, all classes
|
PD
| ||||||||
|
Processor
| |||||||||
|
Safety compliance
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |||
|
Secure transporter
|
PD
| ||||||||
|
Retailer
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |||
|
Microbusiness, all classes
|
PD
|
PD
|
PD
| ||||||
|
Designated consumption lounge
|
PD
|
PD
|
PD
|
PD
| |||||
|
Marihuana, Medical
| |||||||||
|
Grower, all classes
| |||||||||
|
Processor
| |||||||||
|
Safety compliance
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |||
|
Secure transporter
|
PD
|
PD
| |||||||
|
Provisioning center
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |||
B.
Lot type required. Refer to Article 5, Zoning Standards: Lot Types,
for additional use standards that may differ based on a ground or
upper floor location within a building.
C.
Required licenses. Any facility that is required to be licensed by
the State of Michigan shall have a valid license at all times. It
is a violation of this Code to operate at any time without a valid
license.
Uses not listed in Table 4.1-1 shall be interpreted as follows:
A.
Unlisted similar uses. If a use is not listed, but is similar in
character and impact to a use in the permitted, permitted with development
standards, or permitted with a special use permit, it may be interpreted
by the City Planner as similar.
B.
Unlisted dissimilar uses. If a use is not listed and cannot be interpreted
as similar to a listed use, the use is not permitted.
Table 4.1-1 outlines the permitted uses by zoning district.
Uses are permitted in one of the following ways.
A.
Permitted. Uses in the table noted with "P" are permitted by right
in the zoning district(s) in which they are listed.
B.
Permitted, development standards required. Uses in the table noted
with "PD" are permitted by right in the zoning district(s) in which
they are listed, provided that they are developed with the listed
development standards. The development standards listed are intended
to manage potential impacts associated with it, making it appropriate
in a location where it might otherwise have not been allowed.
C.
Special use. Uses in the table noted with "S" are permitted with
the approval of a special use permit from the Planning Commission
in the zoning district(s) in which they are listed.
The following details the uses listed in Table 4.1-1 and describes
any development standards necessary.
A.
Residential/lodging uses.
(1)
Bed-and-breakfast: an establishment providing short-term lodging
and service of at least one meal per day to guests. The owner or operator
must live on the same lot or a lot directly adjacent to the lot containing
the bed-and-breakfast.
(2)
Hotel/motel: an establishment that permits short-term lodging with
or without an in-room kitchen where the rooms are accessed from an
interior corridor or hallway (hotel) or exterior passageway (motel).
Restaurant, meeting spaces, and retail are commonly associated with
this use.
(3)
Nursing home/assisted living/rehabilitation center/adult foster care:
residence that provides short- or long-term lodging with services
such as meals, personal care, supervision of self-administered medication,
medical care, and therapy. This type of facility would not meet the
definition of a hospital. In the districts where it is permitted with
development standards (PD), the following standards apply:
(4)
Residential: dwelling units located within a primary structure on
a lot. In the districts where residential is permitted with development
standards (PD), the following standards apply:
(a)
In Nodes and Downtown 1 (D1) Districts, residential units are not permitted in a building's occupied space. (Refer to the definition of "occupied space" in § 50-1.3.) Refer to Article 5, Zoning Standards; Lot Types, for details and exceptions.
(b)
In Live-Work 2 (LW2) and Downtown 3 (D3), yard - detached lot
type is permitted only when the building(s) contains two or more units.
(c)
In Community Commercial (CC), residential is permitted as follows:
[1]
Detached, single-unit residential is not permitted.
[2]
Residential units in the CC District are only permitted in conjunction
with a commercial use(s), creating a mix of uses on the site.
[3]
Residential units are not permitted in the ground floor occupied
space that directly fronts the front property line.
(d)
In Community Commercial (CC) and Community Commercial 2 (CC2)
Districts, residential units must have access to usable outdoor space
on-site.
(5)
Residential, multifamily: five or more dwelling units located within
a primary structure on a lot. In the districts where residential multifamily
is permitted with development standards (PD), the following standards
apply:
(a)
Multifamily units are not permitted in a building's ground floor occupied space. (Refer to § 50-1.3, the definition of "occupied space.") Refer to Article 5, Zoning Standards; Lot Types for details and exceptions.
(b)
In Community Commercial (CC), multifamily residential is permitted
as follows:
(c)
In Community Commercial (CC) and Community Commercial 2 (CC2)
Districts, residential units must have access to usable outdoor space
on-site.
(6)
Rooming house: a type of group living use in which space is let primarily
for sleeping purposes, with or without meals, by the owner or agent
to persons who are not related to the owner or operator by blood,
marriage, or adoption. In the districts where a rooming house is permitted
with development standards ("PD"), the following standards apply.
(a)
Rooming house units are not permitted in a building's ground floor occupied space. (Refer to § 50-1.3, the definition of "occupied space.") Refer to Article 5, Zoning Standards; Lot Types for details and exceptions.
(b)
In Community Commercial (CC), a rooming house is permitted as
follows:
(c)
In Community Commercial (CC) and Community Commercial 2 (CC2)
Districts, residential units must have access to usable outdoor space
on-site.
(7)
Transitional residence: a residential facility that provides temporary
accommodations and on-site management, including twenty-four-hour
care, for its residents. Transitional residences can accommodate both
individuals and families and can serve a variety of populations, such
as the homeless, domestic violence victims, or those recovering from
addictions. Residency often requires attendance at classes, trainings,
or counseling sessions which may occur on-site. Residents typically
do not keep personal vehicles on site. In districts where a transitional
residence is permitted with development standards ("PD"), the following
standards apply:
(a)
In Community Commercial (CC), a transitional residence is permitted
as follows:
B.
Civic/institutional uses.
(1)
Assembly: a use that has organized services, meetings, or programs
to educate, entertain, or promote discussion amongst the community.
It can be a public or private facility. Examples of assembly include
a club, lodge, or community center. In the districts where assembly
is permitted with development standards (PD), the following standards
apply:
(2)
Assembly, religious: an assembly use that focuses on religion, a
house of worship. Residential uses accessory to the religious assembly
use, such as convent, rectory, or caretaker's residence, are permitted
with this use. In the districts where religious assembly is permitted
with a special use permit (S) or permitted with development standards
(PD), the following standards apply.
(a)
Facilities that accommodate fewer than 50 persons are permitted
without obtaining a special use permit.
(3)
College and university: an educational institution authorized to
award associate, baccalaureate, or other higher degrees and certificates.
(4)
Hospital: a state-licensed facility providing in-patient accommodations;
a wide range of medical and surgical care; and other in-patient health
services for sick or injured persons. Permitted secondary uses with
this type of facility may include laboratories, outpatient department,
training facilities, central services, offices, residences, dining
areas, and retail.
(5)
Library and museum: an establishment housing educational, cultural,
artistic, or historic information resources, and exhibits that is
open to the public. Permitted secondary uses with this type of facility
include retail space, food sales, dining, and meeting rooms.
(6)
Parks, open space and preserve. An area of land designed and equipped
for passive or active recreation, open air gathering, and/or natural
areas. This use may include secondary uses such as retail or service
uses, community center, and museum or interpretative center.
(7)
Police and fire stations: a facility that provides protection to a district or entity according to fire, life, and safety code sections. Permitted secondary uses with this type of facility include storage of equipment, indoor and outdoor parking of vehicles, offices, and residences. Police and fire stations are exempt from any entrance bay and vehicle access standards noted in § 50-5.6, Lot type standards; the use of these standards is encouraged to support this use blending within the neighborhood location.
(8)
School: a public or private education facility, including elementary,
middle, and high schools. Schools may include space for classrooms,
laboratories, gymnasium, pools, theaters, dining services, and outdoor
athletic or recreational facilities.
C.
Commercial.
(1)
Adult
regulated uses.
(a)
Purpose.
[1]
In the development and execution of this subsection, it is recognized
that there are some uses, commonly known as "adult uses" or "sexually
oriented businesses," which, because of their very nature, have serious
objectionable operational characteristics. The impacts of these objectionable
characteristics are exacerbated when several adult uses are concentrated
under certain circumstances or when one or more of them are located
in near proximity to a residential use or zone, religious assembly,
school, park, playground or public recreational area, thereby having
a deleterious effect upon the adjacent areas. Special regulation of
these uses is necessary to prevent these adverse effects and to ensure
that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood. The controls contained
within this subsection are for the purpose of preventing the negative
secondary effects associated with adult uses and to prevent a concentration
of these uses within any one area, or to prevent deterioration or
blighting of a nearby residential neighborhood.
[2]
It is the purpose of this subsection to regulate sexually oriented
businesses in order to promote the health, safety, and general welfare
of the citizens of the City, and to establish reasonable and uniform
regulations to prevent the deleterious secondary effects of sexually
oriented businesses within the City. The provisions of this subsection
have neither the purpose nor effect of imposing a limitation or restriction
on the content or reasonable access to any communicative materials,
including sexually oriented materials. Similarly, it is neither the
intent nor effect of this subsection to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment,
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this subsection to condone or legitimize the distribution
of obscene material.
(b)
Applicability. The following adult regulated uses are subject
to these controls:
[1]
Adult arcade or mini motion-picture theaters;
[2]
Adult bookstores, adult novelty stores, or adult video stores;
[3]
Adult booths;
[4]
Adult cabarets;
[5]
Adult motels;
[6]
Adult motion-picture theaters;
[7]
Adult outdoor motion-picture theaters;
[8]
Adult model studios;
[9]
Adult physical culture businesses;
[10]
Adult theaters; and
[11]
Adult personal service businesses.
(c)
(Reserved)
(d)
Conditions. All adult regulated uses shall comply with all of
the following conditions:
[1]
No person or entity shall operate or maintain or cause to be
operated or maintained an adult regulated use within 750 feet of:
[a]
A religious assembly.
[b]
A public or private educational facility, including
but not limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges and universities. "School" shall include the school
grounds, but does not include facilities used primarily for another
purpose and only incidentally as a school.
[c]
Family day-care homes or group day-care homes.
[d]
An entertainment use that has as its principal
use children or family entertainment as demonstrated by business activity
that caters predominantly to on-site patronage by minors and is open
for such business at least 25 hours per week.
[e]
A lot or parcel of land in any zone primarily devoted
to a residential use.
[f]
Any other adult regulated use as defined in this
chapter.
[g]
A public park or recreational area that has been
designated for park or recreational activities, including, but not
limited to, a park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball, tennis court, wilderness areas, or other
similar public land within the City that is under the control, operation,
or management of the City or other unit of government.
[h]
A zoning district boundary of a residential district
as defined in the City Zoning Ordinance.
[2]
For purposes of the uses listed in Subsection C(1)(d)[1][a]
through [f] above, the distance limitations above shall be measured
in a straight line without regard to intervening structures or objects
from the lot occupied by the adult regulated use to the nearest point
of the lot occupied by any of the uses so listed in Subsection C(1)(d)[1][a]
through [f].
[3]
For purposes of Subsection C(1)(d)[1][g] and [h] the distance
limitations shall be measured in a straight line without regard to
intervening structures or objects from the property line of the lot
occupied by the adult regulated use to the nearest point of the property
line occupied by the public park or other recreational areas so listed
in Subsection C(1)(d)[1][g] or the zoning district boundary of the
residential district as provided in Subsection C(1)(d)[1][h].
[4]
No building, premises, structure, or other facility that contains
any adult regulated use shall contain any other kind of adult regulated
use. The Zoning Board of Appeals may grant permission for more than
one adult regulated use to operate in a single building, provided
that an equal or greater number of adult regulated uses are removed
from elsewhere in the City. The location where an adult regulated
use is removed pursuant to this section shall not be reused for any
adult regulated use in the future. If the Zoning Board of Appeals
grants permission for more than one adult regulated use to operate
in a single building, it shall not be construed to be a violation
of Subsection C(1)(d)[1][f].
[5]
Adult regulated uses shall comply with all sign requirements.
Refer to Article 9, Signs.
[6]
No advertisement, display of product or entertainment on the
premises, signs or other exhibits that display specified sexual activities
and/or specified anatomical areas shall be displayed in window areas
or other area where the same can be viewed by pedestrians and motorists
on any street, sidewalk, or other public place.
[7]
No person shall reside in, or permit any person to reside in,
the premises of an adult regulated use.
[8]
No person operating an adult regulated use shall knowingly permit
any person under the age of 18 to be on the premises of said business,
either as an employee or as a customer.
[9]
No person shall become the lessee or sublessee of any property
for the purpose of using said property for an adult regulated use
without the express written permission of the owner of the property
for such use and appropriate approvals from the City of Kalamazoo.
[10]
The building and site, including building openings,
entries, exits and windows, shall be designed, constructed, and maintained
so that material, entertainment, and/or performances that display
specified sexual activities and/or specified anatomical areas cannot
be observed by pedestrians and motorists on any street, sidewalk,
or public right-of-way, or from an adjacent land use.
[11]
The adult regulated use shall satisfy all requirements for a full site plan and all landscaping requirements of the City Zoning Ordinance. The adult regulated use shall also demonstrate that the site meets all of the traffic and access management standards of the City of Kalamazoo. The site plan shall include a diagram that shows all land use zoning districts and any of the uses described in Subsection C(1)(d)[1] above which are located within 750 feet of the proposed adult regulated use.
[12]
No adult regulated use shall operate until it
has satisfied all provisions of this chapter, all other applicable
provisions of the Zoning Ordinance, and any other federal, state or
local regulations.
(e)
Change of use by lessee or sublessee. No lessees or sublessee of any property shall convert that property from any other use to an adult regulated use unless the location of the property conforms to the standards in Subsection C(1)(d) above.
(f)
Certain uses exempt. The following uses are exempt from the
provisions of the terms and conditions of this chapter and are subject
to the other provisions of the City Zoning Ordinance, and the following
uses shall not be construed to be included in any of the definitions
of this chapter:
[1]
Accredited hospitals, nursing homes, sanitariums or other licensed
health care facilities, physicians, surgeons, chiropractors, osteopaths,
physical therapists, registered nurses, and other establishments or
professionals duly licensed under the laws of the state while engaged
in the activities for which they are so licensed.
[2]
Barbers, beauticians, barbershops, and beauty parlors licensed
under the laws of the state that also offer massages, provided that
massages involved are limited to the head, shoulders, scalp, neck,
hands, and feet. Such establishments that also provide activities
that fall under the definition of "adult personal service business"
in this chapter shall, however, be governed by the provisions, terms,
and conditions of this chapter.
[3]
Public and parochial school and college or professional athletic
coaches and trainers while acting within the scope of their school
employment; and
[4]
Professional massage therapy enterprises, where each massage
therapist has met the following criteria:
[a]
Proof of graduation from a school of massage licensed
by the State of Michigan or another state with equivalent standards,
consisting of at least 500 classroom hours of instruction and practical
training that include 300 hours of theory and practice of massage
therapy, 100 hours of anatomy and physiology, and 100 hours of elective
subjects; or proof of completion of a comprehensive course of study
in a massage training program at an American community college or
university that requires at a minimum the training and curriculum
above; and
[b]
Proof of current professional membership in the
American Massage Therapy Association, International Myomassethics
Federation, Associated Bodywork and Massage Professionals, or other
national massage therapy organization with comparable prerequisites
for certification, including liability insurance and testing.
[5]
Nonprofit organizations operating a community center, swimming
pool, tennis court, or other educational, cultural, recreational,
or athletic facilities that are used primarily for the welfare of
the residents of the area.
[6]
Unlawful activities. Nothing contained in this subsection is
intended, or shall be construed, to permit or authorize activities
that are unlawful under state law or City ordinance.
(2)
Agriculture: growing of food crops indoors or outdoors for personal use, donation, or sale (on or off site); this excludes the growth of marihuana plants for medicinal or recreational purposes. (Refer to § 50-4.4E and F for marihuana regulations.) In the districts where agriculture is permitted with development standards (PD), the following standards apply.
(a)
Size. The maximum lot size is 10,000 square feet.
(b)
Lot type. No lot type applies unless a hoop house, greenhouse, or farm stand is constructed, then § 50-5.6, outdoor market lot type shall apply.
(c)
Other secondary buildings: sheds, garages, and other secondary buildings not noted in § 50-4.4C(1)(b) shall follow the standards for accessory structures. Refer to § 50-4.5B.
(d)
Intensity. Use of outdoor farm machinery is not permitted.
(3)
Day-care center: a use providing care, protection, and supervision
for children or adults on a regular basis away from their primary
residence for periods of less than 24 hours. Refer to § 50-5.5D(5)(k)
for in-home day care. In the districts where a day-care center is
permitted with development standards (PD), the following is required.
(a)
Outdoor play area. At least one outdoor play area will be provided
on-site as follows:
[1]
Size. The size of this play area will be measured at a rate
of 100 square feet for each child the facility is permitted to have
at maximum attendance.
[2]
Enclosure requirement. The on-site play area must be enclosed
on all sides by building or fencing.
[3]
Shared space. In Downtown, Live-Work, and Node Districts, public
parks or private parks with written permission can be used to meet
the outdoor play area requirement, provided that the park is located
within a walkable distance of the day-care facility.
(4)
Entertainment and sports: an establishment that provides entertainment,
sports, and recreation activities for participants. These may occur
indoors, including such indoor facilities as bowling alleys, escape
rooms, pool, billiards, arcade, theater, and outdoors, such as mini
golf, ropes courses, swimming pools, and driving ranges. In the districts
where entertainment and sports is permitted with a special use permit
(S) or permitted with development standards (PD), the following is
required:
(5)
General retail: a category of uses involving the sale of goods and
merchandise. General retail includes such uses as those listed in
Table 4.4-1.
(6)
General services. A category of uses that provides patrons services
and often retail products related to those services. General services
includes such uses as those listed in Table 4.4-1.
|
Table 4.4-1. Examples of General Retail and Service Uses
| |
|---|---|
|
General Retail Uses
|
General Service Uses
|
|
Apparel and accessories
|
Animal board, day care (no outdoor kennels)
|
|
Art, craft, hobby store
|
Bank, financial services
|
|
Automotive supply (no service)
|
Catering
|
|
Bakery
|
Dance or music studio
|
|
Bicycle, scooter, moped sales
|
Dry cleaning, laundry-mat
|
|
Book magazine, newspaper
|
Eating and drinking establishment, cafe, coffee shop, brewpub,
tavern, lounge
|
|
Convenience store
|
Fitness (example: gym, yoga, pilates, dance studio)
|
|
Drugstore/pharmacy
|
Framing
|
|
Florist
|
Funeral home
|
|
Home furnishing and accessories
|
Locksmith
|
|
Grocery store, specialty foods
|
Mail system, copying, printing
|
|
Hardware store
|
Medical services, optical, urgent care
|
|
Office supplies
|
Pet grooming
|
|
Paper, stationery store
|
Personal services (salon, spa, barbershop)
|
|
Pet and pet supply shop
|
Repair of small goods, household goods, electronics
|
|
Sporting goods sales and rental
|
Tailor and seamstress
|
|
Toy shop
|
Tattoo, piercing
|
|
Video games and electronic sales
|
Training center
|
|
Travel agency
| |
|
Veterinarian services
| |
(7)
Kennels: care of domestic and small animals, such as dogs and cats,
that can include day or overnight care. Kennels can be located inside
a building or outside and may also provide grooming and training services.
In the districts where a kennel is permitted with development standards
(PD), the following standards shall apply:
(8)
Office: a category of uses that involve the transactional affairs
of a profession, service, industry, or government. Patrons of these
uses typically have set appointment or meeting times; these businesses
do not typically rely on walk-in customers.
(9)
Outdoor sales and storage: a use that involves the sale, rental, and minor repair of items where the majority of the goods are stored or displayed outdoors. This includes such uses as sale and rental of vehicles with less than 10,000 pounds gross cargo weight, motor homes, and boats and the sale of building or landscape materials such as plants, gravel, or rocks. Sale or rental of vehicles over 10,000 pounds gross cargo weight is considered an industrial use; refer to § 50-4.4D. In the districts where outdoor sales and storage is permitted with special use permit (S) or permitted with development standards (PD), the following standard applies.
(a)
Street type restriction. Outdoor sales and storage uses are
not permitted to primarily front on Local or Enhanced Neighborhood
street types.
(b)
Setback of items or materials. Outdoor sales and storage items
or materials, including both vehicles and loose items, shall adhere
to the following setback requirements:
(c)
Minimum lot size. Outdoor vehicle sales lots are only permitted
in Live Work 1 (LW1) or Community Commercial 2 (CC2) on lots larger
than half an acre.
(d)
Improved surface. Storage of items or materials must be on an
improved surface, such as concrete or asphalt.
(e)
Loose items. The following standards apply to the storage of
loose items or materials, including, but not limited to rocks, dirt,
stone, and other landscape materials and scrap or recycling materials.
(f)
Structure. Structures associated with outdoor sales and storage
shall adhere to the following:
[1]
A building is required to house the office, sales management,
on-site security, or other similar functions.
(g)
Screening. Storage of outdoor items or material must be screened
from view as follows:
(10)
Packaged liquor: a retail establishment licensed by the Michigan
Liquor Control Commission selling packaged alcoholic liquors, including
beer, wine, and spirituous liquors, for consumption off-site. This
use does not include establishments meeting the definition of an eating
and drinking establishment and grocery store. In the districts where
packaged liquor is permitted with development standards (PD), the
following standards apply:
(a)
A minimum distance of 2,640 feet is required between locations
of packaged liquor uses.
(b)
A minimum distance of 500 feet is required from parcels containing
a religious assembly and school use.
(c)
Calculations to determine the required distance are made along
the adjacent street center lines by measuring between two fixed points
located on the center line(s) that are determined by drawing perpendicular
lines from the closest edge of the building containing the use in
question to the center line of the adjacent street.
(d)
Street type restriction. Package liquor is not permitted to
primarily front on Local Neighborhood or Enhanced Neighborhood street
types.
(11)
Parking lot (stand alone): a lot in which the primary use is
parking of vehicles for public use or private use of adjacent businesses
and residences. In the districts where parking lot is permitted with
development standards (PD), the following standards apply:
(a)
Parking lots may not be used as towing service storage and storage
for inoperable vehicles.
(b)
Corner lot. In Live-Work 1 (LW1), Live-Work 2 (LW2), Community
Commercial 2 (CC2), Downtown 2 (D2), and Downtown 3 (D3), a parking
lot is not permitted on a corner lot.
(12)
Vehicle services: a category of uses that involve the servicing
of vehicles and/or the sale of fuel. General retail is often associated
with vehicle service uses. This category includes vehicle service
shops, car wash, and gas stations. In the districts where vehicle
service is permitted with development standards (PD), the following
standards apply:
(a)
Street type restriction. Vehicle service uses are not permitted
to primarily front on Local Neighborhood or Enhanced Neighborhood
Street types.
(b)
Screening. Perimeter landscaping or fencing is required along side and rear yards. Refer to § 50-8.5, Fences, walls, and screening.
(c)
Lot types. In Live Work 1 (LW1), Downtown 3(D3), and Community Commercial 2 (CC2) gas stations shall follow the outdoor market lot type and have the front facade of the building located within 15 feet of the front property line. Refer to § 50-5.6G, Outdoor market lot type.
(d)
Vehicle bays. Bays may not face a primary street.
(e)
Outdoor activities. Outdoor activities are permitted as follows:
[1]
Outdoor vacuuming areas are permitted in the side and rear yards
only.
[3]
Washing areas are not permitted outside.
[4]
Repair or service activities or equipment are not permitted
outside.
[5]
Outdoor storage of vehicles awaiting service is not permitted.
Vehicles awaiting pickup are permitted on-site for up to three days
and shall be located in the rear or side yard.
(h)
Over-sized vehicles. Services for semitrucks and other oversized
vehicles are only permitted in Community Commercial (CC) and Manufacturing
(M) Districts.
D.
Industrial. Industrial uses are not permitted to front on Local Neighborhood
or Enhanced Neighborhood street types.
(1)
Craftsman industrial. a use involving small-scale manufacturing,
production, assembly, and/or repair that includes a showroom or retail
space open to the public with no environmental or nuisance impact;
may also be referred to as "maker spaces." Refer to Table 4.4-2 for
examples of uses permitted in craftsman industrial. In the districts
where craftsman industrial is permitted with development standards
(PD), the following standards apply:
|
Table 4.4-2
Examples of Craftsman Industrial
|
|---|
|
Apparel, accessories, and finished fabrics
|
|
Art, glass, textiles, ceramics, pottery, woodworking
|
|
Brewing, distilling, and roasting
|
|
Commercial copying and printing
|
|
Construction, special trades
|
|
Electronic assembly
|
|
Food preparation and production: bakery, beverages, desserts,
canning, preserving, pasta, dairy, etc.
|
|
Furniture and fixtures, household textiles, home furnishing
and accessories
|
|
Metal products: engraving, welding
|
|
Music instruments, recording studio
|
|
Small good manufacturing and repair
|
(b)
Size requirements. Maximum facility size of 10,000 square feet
is permitted in Live-Work 1, Node Districts, Community Commercial
(CC2), Downtown 1, and Downtown 2 Districts.
(c)
Outdoor storage. Outdoor storage of goods is permitted in Live-Work 2 and Community Commercial (CC) with Craftsman Industrial uses provided the area used for storage is less than or equal to 5% of the site's lot area. Refer to § 50-4.4C(9) for additional requirements.
(2)
Industrial: a category of uses that allow for the production, processing,
assembling, and packaging of goods. This category of uses does not
have environmental or nuisance conditions that are detectable at the
property lines of the site. Associated with the category are uses
such as offices, warehousing, and loading or service bays. In the
districts where industrial is permitted with development standards
(PD), the following standards apply:
(a)
Entrance bays. Entrance bays are not permitted on facades facing
primary streets unless they are located more than 50 feet beyond the
building's front facade.
(b)
Outdoor activities.
[1]
Fuel pumps are not permitted.
[2]
Outdoor storage is permitted. Refer to § 50-4.4C(9) for additional requirements.
(c)
Size. The maximum size of a manufacturing facility is 20,000
square feet. Larger facilities require review through a special use
permit.
(3)
Warehouse and distribution: an industrial use involving significant
commercial vehicle access and large-scale storage, both indoors and
outside. In the districts where warehouse and distribution is permitted
with special use permit (S), the following standards apply:
(a)
Size requirements. The maximum facility size is 20,000 square
feet.
(b)
Outdoor activity. Fuel pumps and outdoor storage are permitted
as follows:
[1]
Must be located in the rear yard.
[3]
Outdoor storage shall follow the standards in § 50-4.4C(9).
(c)
Vehicle entrance bays. Entrance bays are not permitted on facades
facing primary streets in the Live-Work 2 (LW2) District.
E.
Adult-use marihuana. A category of uses permitting adult use establishments licensed pursuant to the MRTMA and Chapter 20B of the City ordinances.
(1)
General provisions. The following apply to all adult use marihuana
establishments, unless otherwise noted.
(a)
General requirements.
[1]
All location criteria and required separation distances apply
to both new marihuana establishments and to any proposed change in
the location of an existing marihuana establishment.
[2]
All location criteria and required separation distances apply
to both marihuana establishments and similar protected uses located
in adjacent governmental jurisdictions.
[3]
A marihuana establishment is prohibited from operating in any
residential zoning district or in a residential unit.
[4]
Drive-throughs are not permitted with any establishment.
[5]
Street type restriction. Adult-use marihuana uses are not permitted
to primarily front on Local Neighborhood or Enhanced Neighborhood
street types.
[6]
Co-location. Where permitted, marihuana establishments may operate
from a location shared with an equivalent licensed marihuana establishment.
The following are required for this co-location.
[a]
Entrances to each establishment shall be physically
separated.
[b]
Each establishment must have distinct and identifiable
areas designated within the structure.
[c]
Each establishment suite or tenant space must have
a separate address.
[d]
Each establishment must have separate inventory,
recordkeeping, and point of sale operations.
[7]
A licensee may not operate a marihuana establishment at any
place in the City other than the address provided in the application
on file with the City Clerk.
[8]
A licensee must operate the licensed establishment in compliance
with all applicable state and City regulations for that type of establishment.
(b)
Location criteria. All marihuana establishment types must meet
the following location criteria, except safety compliance operations:
[1]
Required distance.
[a]
A marihuana establishment must not operate within
1,000 feet of a preexisting private or public school, providing education
in kindergarten or any grades 1 through 12.
[b]
A marihuana establishment must not operate within
500 feet of a preexisting state-licensed childcare center, public
playground, public pool, or youth center.
[2]
Measuring the required distance. The required distance is measured
in a straight line from the nearest property line of a protected use
to the nearest portion of the building or unit in which the marihuana
establishment is located.
(c)
Shared location. Marihuana establishments may operate from a
location shared with an equivalent licensed marihuana facility, except
where a separation distance is required.
(2)
Grower establishments. Growers are licensed to cultivate marihuana
and sell or otherwise transfer marihuana to marihuana establishments
The three grower license types are Class A (authorized to grow up
to 100 plants); Class B (authorized to grow up to 500 plants); and
Class C (authorized to grow up to 2,000 plants). An excess grower
holds five Class C adult use marihuana grower and at least two Class
C medical marihuana grower licenses. In the zoning districts where
a grower establishment is permitted with development standards, the
following standards apply:
(b)
Class B and Class C grower establishments are permitted in Zones
Limited Manufacturing (M1), and General Manufacturing (M2).
(c)
Excess grower establishments are permitted in Zone General Manufacturing
(M2).
(d)
Permitted outdoor activities. All grower facilities and operations
must be within an enclosed building, except cultivation may occur
in an outdoor area under the following conditions.
[1]
Area is contiguous with the facility building.
[2]
Area is fully enclosed by fences or barriers that block outside
visibility of the marihuana plants from public view.
[3]
Marihuana plants cannot grow above the height of the fence or
barrier.
[4]
The fence is secured and only accessible to authorized persons
and emergency personnel.
[5]
Area is located at least 500 feet from a residential zone district.
(3)
Processor establishments. Processors are licensed to obtain marihuana
from marihuana establishments; process and package marihuana; and
sell or otherwise transfer marihuana to marihuana establishments.
In the zoning districts where a processor establishment is permitted
with development standards, the following standards apply:
(4)
Safety compliance operations establishment. Safety compliance establishments
are licensed to test marihuana, including certification for potency
and the presence of contaminants. In the districts where safety compliance
facility is permitted with development standards, the following standards
apply:
(a)
Permitted in the following zones: Community Commercial (CC), Community
Commercial 2 (CC2), Live-Work 1 (LW1), Live-Work 2 (LW2), Downtown
3 (D3), Business Technology, and Research (BTR), Limited Manufacturing
(M1), and General Manufacturing (M2).
(b)
Street type limitations. In Downtown 2 (D2), a safety compliance
facility cannot be located in the occupied space along an Event/Festival
and Urban Center street side of a building.
(5)
Secure transporter establishment. Secure transporter establishments
are licensed to obtain marihuana from marihuana establishments in
order to transport marihuana to marihuana establishments. In the zoning
districts where secure transporter establishment is permitted with
development standards, the following standards apply:
(6)
Retailer establishment. Retailer establishments are licensed to obtain
marihuana from marihuana establishments and to sell or otherwise transfer
marihuana to marihuana establishments and to individuals who are 21
years of age or older. In the zoning districts where a retailer establishment
is permitted with development standards, the following standards apply:
(a)
Permitted in Community Commercial (CC), Community Commercial
2 (CC2), Live-Work 1 (LW1) and Downtown Districts 1 through 3.
(b)
Permitted in Zones Limited Manufacturing (M1) and General Manufacturing
(M2) when operated as part of a single establishment engaged in grower
and processor operations.
(c)
All retailer activities must be conducted within an enclosed
building.
(e)
A separation distance of 1,000 feet is required from any other
provisioning center or retailer, except when the retailer is co-located
with a provisioning center, as provided by state regulations and this
ordinance, and except in the following situations.
(f)
A retailer is not allowed within 660 feet of the following intersections:
East Cork Street and South Burdick Street, the intersection of East
Cork Street and Portage Street, and the intersection of West Ransom
Street and North Westnedge Avenue.
(g)
The consumption of marijuana products is not permitted on the premises
of a retailer.
(7)
Microbusiness establishment. There are two types of microbusiness
licenses. A microbusiness is licensed cultivate not more than 150
marihuana plants; process and package their own grown marihuana; and
sell or otherwise transfer marihuana to individuals who are 21 years
of age or older or to a marihuana safety compliance establishment,
but not to other marihuana establishments. Class A microbusinesses
are similar, except that they are licensed to cultivate not more than
300 marihuana plants; process and package either their own plants
or marihuana products obtained from other licensed processors. In
the zoning districts where a microbusiness establishment is permitted
with development standards, the following standards apply:
(a)
Permitted districts.
[1]
Class A microbusinesses are permitted in Zones Community Commercial
(CC), Live-Work 2 (LW2), Limited Manufacturing (M1), and General Manufacturing
(M2).
[2]
Microbusiness licenses are permitted in permitted in Community Commercial
(CC), Community Commercial 2 (CC2), Live-Work 2 (LW2), Limited Manufacturing
(M1), and General Manufacturing (M2).
(c)
A separation distance of 500 feet is required from another microbusiness
establishment with the following exceptions:
(8)
Designated consumption establishment. A designated consumption establishment
is a commercial space that is licensed for the consumption of marihuana
products by persons 21 and older. In the zoning districts where a
designated consumption establishment is permitted with development
standards, the following standards apply.
F.
Medical marihuana. A category of uses permitting medical marihuana facilities licensed to operate pursuant to the MMFLA and Chapter 20B of the City ordinances.
(1)
General provisions. The following apply to all medical marihuana
facilities, unless otherwise noted.
(a)
General requirements.
[1]
All location criteria and required separation distances apply
to both new medical marihuana facilities and to any proposed change
in the location of an existing medical marihuana facility.
[2]
All location criteria and required separation distances apply
to both medical marihuana facilities and similar protected uses located
in adjacent governmental jurisdictions.
[3]
A medical marihuana facility must not operate in any residential
zoning district or in a residential unit.
[4]
Drive-throughs are not permitted with any facility.
[5]
Street type restriction. Medical marihuana uses are not permitted
to primarily front on Local Neighborhood or Enhanced Neighborhood
street types.
[6]
Co-location. Where permitted, marihuana facilities may operate
from a location shared with an equivalent licensed marihuana facility.
The following are required for this co-location.
[a]
Entrances to each facility shall be physically
separated.
[b]
Each facility must have distinct and identifiable
areas designated within the structure.
[c]
Each facility suite or tenant space must have a
separate address.
[d]
Each facility must have separate inventory, recordkeeping,
and point of sale operations.
[7]
A licensee may not operate a marihuana facility at any place
in the City other than the address provided in the application on
file with the City Clerk.
[8]
A licensee must operate the licensed facility in compliance
with all applicable state and City regulations for that type of facility.
(b)
Location criteria. All marihuana facility types must meet the
following location criteria from protected uses, except safety compliance
facilities.
[1]
Required distance.
[a]
A marihuana facility must not operate within 1,000
feet of a preexisting private or public school providing education
in kindergarten or any grades 1 through 12.
[b]
A marihuana facility must not operate within 500
feet of a preexisting state-licensed child-care center, public playground,
public pool, or youth center.
[2]
Measuring the required distance. The required distance is measured
in a straight line from the nearest property line of a protected use
to the nearest portion of the building or unit in which the marihuana
facility is located.
(c)
Shared location. Marihuana facilities may operate from a location
shared with an equivalent licensed marihuana establishment, except
where a separation distance is required.
(2)
Grower facility. A licensee that is a commercial entity located in
this state that cultivates, dries, trims or cures and packages marihuana
for sale to a processor or provisioning center. The three grower license
types are Class A (authorized to grow up to 500 plants); Class B (authorized
to grow up to 1,000 plants); and Class C (authorized to grow up to
1,500 plants). In the districts where grower facility is permitted
with development standards, the following standards apply:
(a)
Grower facilities are permitted in Limited Manufacturing (M1)
and General Manufacturing (M2).
(b)
Permitted outdoor activities. All grower facilities and operations
must be within an enclosed building, except cultivation may occur
in an outdoor area under the following conditions.
[1]
Area is contiguous with the facility building.
[2]
Area is fully enclosed by fences or barriers that block outside
visibility of the marihuana plants from public view.
[3]
Marihuana plants cannot grow above the height of the fence or
barrier.
[4]
The fence is secured and only accessible to authorized persons
and emergency personnel.
[5]
Area is located at least 500 feet from a residential zone district.
(c)
Multiple facilities on a lot. The following applies for multiple
facilities on one lot.
(3)
Processor facility. A licensee that is a commercial entity located
in this state that purchases marihuana from a grower and that extracts
resin from the marihuana or creates a marihuana-infused product for
sale and transfer in packaged form to a provisioning center. In the
districts where processor facility is permitted with development standards,
the following standards apply:
(a)
A processor facility is permitted in Limited Manufacturing (M1)
and General Manufacturing (M2).
(b)
Only one medical marihuana processor facility license permitted
per parcel or lot.
(c)
All processing operations must be conducted within an enclosed
building.
(d)
Licensees may occupy the same premises if holding separate grower
and processor licenses for the premises.
(4)
Secure transporter facilities. A licensee that is a commercial entity
located in this state that stores marihuana and transports marihuana
between marihuana facilities for a fee. In the districts where a secure
transporter facility is permitted with development standards, the
following standards apply:
(5)
Safety compliance facility. A licensee that is a commercial entity
that receives marihuana from a marihuana facility or registered primary
caregiver, tests it for contaminants and for tetrahydrocannabinol
and other cannabinoids, returns the test results, and may return the
marihuana to the marihuana facility. In the districts where safety
compliance facility is permitted with development standards, the following
standards apply.
(a)
Permitted in the following zones: Community Commercial (CC), Community
Commercial 2 (CC2), Live-Work 1 (LW1), Live-Work 2 (LW2), Downtown
3 (D3), Business, Technology, and Research (BTR), Limited Manufacturing
(M1), and General Manufacturing (M2).
(b)
Street type limitations. In Downtown 2 (D2), a safety compliance
facility cannot be located in a building's occupied space fronting
an Event/Festival or Urban Center street.
(6)
Provisioning center. A licensee that is a commercial entity located
in this state that purchases marihuana from a grower or processor
and sells, supplies, or provides marihuana to registered qualifying
patients, directly or through the patients' registered primary caregivers.
Provisioning center includes any commercial property where marihuana
is sold at retail to registered qualifying patients or registered
primary caregivers. A noncommercial location used by a primary caregiver
to assist a qualifying patient connected to the caregiver in accordance
with the Michigan Medical Marihuana Act, MCLA § 333.26421
et seq., is not a provisioning center for purposes of this article.
In the districts where provisioning center facility is permitted with
development standards, the following standards apply:
(a)
Permitted in the following zones:
[1]
Community Commercial (CC), Live-Work 1 (LW1), and Community Commercial
2 (CC2) Districts.
[a]
Live-Work 1 (LW1) and Community Commercial 2 (CC2) when not
located on an Enhanced Neighborhood or Local Neighborhood Street street
type.
[2]
Downtown 1 (D1), Downtown 2 (D2), Downtown 3 (D3). In D3, only when
not located on an Enhanced Neighborhood or Local Neighborhood Street
street type.
(b)
Only one provisioning center license is permitted per parcel
or lot.
(c)
All provision center activities must be conducted within an
enclosed building.
(d)
A provisioning center is not allowed within 660 feet of the
following intersections: East Cork Street and South Burdick Street,
the intersection of East Cork Street and Portage Street, and the intersection
of West Ransom Street and North Westnedge Avenue.
(e)
A separation distance of 1,000 feet is required from any other
provisioning center or retailer, except when the provisioning center
is co-located with a retailer as provided by state regulations and
this subsection.
(g)
The consumption of marihuana products is not permitted on the
premises of retail facility.
A.
General provisions. Accessory uses and structures listed in Table
4.5-1 are permitted in the following ways:
(1)
Permitted. Uses in the table noted with "P" are permitted by right
in the zoning district(s) in which they are listed.
(2)
Permitted, development standards required. Uses in the table noted
with "PD" are permitted by right in the zoning district(s) in which
they are listed, provided that they are developed with the listed
development standards. The development standards listed for a use
are intended to manage any potential impacts associated with it, making
it appropriate in a location where it might otherwise have not been
allowed.
(3)
Special use. Uses in the table noted with "S" are permitted with
the approval of a special use permit from the Planning Commission
in the zoning district(s) in which they are listed.
|
Table 4.5-1
Accessory Uses and Structures
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Key:
| ||||||||||
|
P = Permitted
| ||||||||||
|
S = Special Use
| ||||||||||
|
PD = Permitted - Development Standards Required
| ||||||||||
|
Uses and Structures
|
District
| |||||||||
|
Node
|
LV1
|
LV2
|
D1
|
D2
|
D3
|
Com Node
|
CC2
|
CC
|
All R
| |
|
Accessory dwelling units (ADU)
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |
|
Agriculture
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| |
|
Drive-through
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| ||
|
Food truck
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| ||
|
Home occupation
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
|
Kiosk
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| ||
|
Outdoor storage
|
PD
|
PD
|
PD
|
PD
|
PD
|
P
| ||||
|
Poultry/rabbits
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
|
Secondary building
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
|
Sidewalk cafe
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
|
PD
| ||
B.
Unlisted
uses and structures. Uses not listed in Table 4.1-5 shall be interpreted
as follows:
(1)
Unlisted similar uses. If a use or structure is not listed but is
similar in character and impact to one that is permitted, permitted
with development standards, or permitted with a special use permit,
it may be interpreted by the City Planner as similar.
(2)
Unlisted dissimilar uses. If a use or structure is not listed and
cannot be interpreted as similar to one listed, the use is not permitted.
C.
Development requirements. All accessory structures will meet the
following standards, unless otherwise noted.
(1)
Front yard. Accessory structures are not permitted in the front yard
unless otherwise noted.
(2)
Corner side yard. Accessory structures shall be set back 15 feet
from a corner side property line or the setback distance of the principal
structure if it is less than 15 feet, unless otherwise stated in this
article.
(3)
Setback. Accessory structures shall be set back three feet from side
and rear property lines.
(4)
Height. Accessory structures shall not exceed the height of the principal
structure unless otherwise stated in this article.
(5)
Lot coverage. Accessory structures count toward a lot's impervious
coverage. Placement of an accessory structure cannot make a lot exceed
its impervious coverage requirement.
D.
Use definition and standards. The following details the accessory
uses and structures listed in Table 4.5-1 and detail any development
standards necessary.
(1)
Accessory dwelling unit: a secondary dwelling unit on a lot; it may
be located in a secondary building and interior to the principal building.
(b)
Interior units: An interior accessory dwelling unit is located
in the primary dwelling structure with a separate exterior entrance.
(c)
Parking. Space for one car per accessory dwelling unit is required.
On-street parking, if available overnight, can be used to meet this
requirement if located within 660 feet.
(2)
Agriculture: growing of food crops indoors or outside for personal
use, donation, or sale; this excludes the growth of marihuana plants
for medicinal or recreational purposes as an accessory use on the
lot. In the districts where agriculture is permitted with development
standards (PD), the following standards apply.
(a)
Agriculture as an accessory use shall not prevent a lot from
meeting its lot type or dimensional requirements; refer to Article
5, Zoning Standards; Lot Types.
(b)
Agriculture as an accessory use is permitted in all yards.
(c)
Agriculture as an accessory use is permitted within a building,
provided that it is not in the occupied space of a building; it is
permitted on a building's roof.
(3)
Drive-through. Drive-throughs provide service to customers who remain
in their vehicles and may be used in conjunction with a variety of
uses including financial institutions and restaurants. In the districts
where a drive-through is permitted with development standards (PD),
the following standards apply: Refer to Figure 4.5-1, Drive-Through
Design.
 Figure 4.5-1. Drive-Through Design
|
(a)
Permitted locations. A drive-through is permitted as follows:
[1]
Nodes, Downtown 2, and Downtown 3. A drive-through is permitted
only in the rear yard, fully screened from property lines by structure,
screening and/or landscaping.
[2]
Community Commercial (CC). A drive-through is permitted in the side
and rear yards, screened from property lines by structure, screening,
and/or landscaping, and corner side yards.
[3]
Other districts. A drive-through is permitted in the rear yard.
If the lot does not front Neighborhood Network and Neighborhood Business
streets, a drive-through is also permitted in the side yard when screened
from property lines by structure, screening, and/or landscaping.
(c)
Stacking space. A minimum of three stacking spaces are required,
measured from the drive-through window or entrance into the stall
or loading area.
(4)
Food truck: vehicle or trailer used to prepare and/or serve food.
In the districts where a food truck is permitted with development
standards (PD), an approved site plan is required as follows:
(a)
Single food truck. Site plan approval is required when one food
truck operates on a lot three or more days a week for a period of
five or more consecutive weeks and utilizes the lot's utilities, such
as electrical or water services.
(b)
Multiple food trucks. Site plan approval is required if multiple
food trucks operate on a lot three or more days a week for a period
of five or more consecutive weeks.
(5)
Home occupation: types of work that can be conducted in a residence
with little to no impact on the surrounding lots. Home occupations
are secondary to the primary use of the lot, residential.
(a)
Prohibited uses. Prohibited uses include animal boarding, dispatch
center, restaurants, sale or storage of firearms, outdoor storage,
vehicle or large equipment storage and repair, and all uses listed
under High Hazard Group H Uses in the Building Code.
(b)
Resident-operator. The operator of the home occupation must
be a full-time resident of the dwelling unit in which the business
is associated.
(c)
Employees. A maximum of two nonresident employees are permitted
on the premises at one time.
(d)
Signs. No more than one nameplate sign is permitted with a maximum
size of one square foot. It may not be internally illuminated.
(e)
Secondary building. A home occupation may be located in a secondary
building.
(f)
Exterior building appearance. No exterior building changes are
permitted; there must be no visible evidence of the existence of a
home occupation beyond the permitted signage, including outdoor storage
of materials related to the use.
(g)
Operational impacts. No home occupation or equipment used with
a home occupation may cause odor, vibration, noise, electrical interference,
interference or fluctuation in voltage measured at the lot line.
(h)
Customers. Customers or clients are permitted at the home occupation
during the hours of 8:00 a.m. to 8:00 p.m.
[1]
No more than two customers or clients are permitted at a given
time, except in the case of classes, such as art, music, cooking,
or fitness classes, where up to four clients are permitted at one
time.
[2]
A special use permit is required for a home occupation providing
classes with five or more clients at a time.
(i)
Customer parking. Customer parking may occur off-street or on-street,
where permitted.
(j)
Deliveries. Deliveries are permitted during the hours of 8:00
a.m. to 8:00 p.m. and are permitted through the common residential
delivery services.
(k)
In-home day-care facility. In-home day-care facility is a permitted
home occupation. There are two types: a family day-care serving up
to six participants and a group day-care serving seven to 12 participants.
[1]
An active license is required to operate any size in-home day-care.
[2]
Group day-care facilities require approval through a special
use permit.
[3]
Refer to § 50-4.4C(3), Day-care center, for outdoor play area requirements.
(l)
Medical marihuana. Medical marihuana is a permitted home occupation
when a primary caregiver is registered with the State of Michigan
to assist with a qualifying patient's use of medical marihuana. In
the districts where medical marihuana is permitted or is permitted
with development standards (PD), the following standards apply:
[1]
Michigan Medical Marihuana Act compliance. The medical use of
marihuana and marihuana-infused products shall comply at all times
and in all circumstances with the Michigan Medical Marihuana Act,
2008 Initiated Law No. 1, MCLA § 333.26421 et seq. (Act)
and the Administrative Rules promulgated by the State of Michigan
("Administrative Rules") pursuant to the Act, as they may be amended
from time to time.
[2]
Location criteria. Medical marihuana as a home occupation must
comply with the following location criteria.
[a]
A primary caregiver must be located 1,000 feet
from an existing public or private elementary, vocational, or secondary
school; public or private college, junior college, or university;
playground; housing facility owned by a public housing authority;
or public library or private library open to the public.
[b]
A primary caregiver must be 100 feet from an existing
public or private youth center, public swimming pool, or video arcade
facility to ensure community compliance with state and federal Drug-Free
School Zone requirements.
[3]
Number of caregivers. One primary caregiver is permitted within
a dwelling unit to service qualifying patients who do not reside with
the primary caregiver.
[4]
Number of patients permitted. A primary caregiver is permitted
up to five qualifying patients.
[5]
Consent of the property owner. If the primary caregiver is not
the owner of the property in which they live and operate from, written
consent must be obtained from the property owner to ensure the owner's
knowledge of the use of the premises as permitted and the primary
caregiver shall maintain written proof that the use of the property
as a home occupation under this section is not prohibited by the property
owner.
[6]
Growing. All medical marihuana plants shall be secured in one
of the following ways.
[a]
Contained within a structure that is an enclosed,
locked facility inaccessible on all sides and equipped with locks
or other security devices that permit access only by the primary caregiver
or qualifying patient.
[b]
Plants cultivated outdoors must be fully enclosed
by fences or barriers that blocks the plants from public view, with
no plants visibly growing above the fence or barrier, and the fence
or barrier is locked or otherwise secured to limit access only to
the primary caregiver or qualifying patient engaged in cultivating
the plants.
[7]
Processing. The separation of plant resin from a marihuana plant
using any substances with a flashpoint below 100° F. for processing
is prohibited.
[8]
Lighting. If a room with windows is utilized as a marihuana-growing
location, any lighting methods that exceed usual residential use between
the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods,
without alteration to the exterior of the residence, to prevent ambient
light spillage that causes or creates a distraction or nuisance to
adjacent residential properties.
[9]
Required permits. All necessary building, electrical, plumbing
and mechanical permits shall be obtained for any portion of the residential
structure in which electrical wiring lighting, and/or watering devices
are located, installed or modified that support the cultivation, growing
or harvesting of marihuana.
[10]
Nothing in this subsection, or in any companion
regulatory provision adopted in any other provision of this Code,
is intended to grant, nor shall they be construed as granting, immunity
from criminal prosecution for growing, sale, consumption, use, distribution,
or possession of marihuana not in strict compliance with that Act
and the Administrative Rules and this subsection. Also, since federal
law is not affected by that Act or the Administrative Rules, nothing
in this chapter, or in any companion regulatory provision adopted
in any other provision of this Code, is intended to grant, nor shall
they be construed as granting, immunity from criminal prosecution
under federal law. Neither this ordinance nor the Michigan Medical
Marihuana Act protects users, caregivers or the owners of properties
on which the medical use of marihuana is occurring from federal prosecution,
or from having their property seized by federal authorities under
the Federal Controlled Substances Act.
(6)
Kiosk: semipermanent structure that permits a variety of general
retail and service uses; may be associated with the use of shipping
containers or pop-up shops and sheds; may also be referred to as "vendor
pods." In the districts where a kiosk is permitted with development
standards (PD), the following is required.
(7)
Outdoor storage. Storage of goods for sale or items related to the
use(s) on the lot located outside of a structure. In the districts
where outdoor storage is permitted with development standards (PD),
the following standards apply:
(8)
(9)
Secondary building. Secondary buildings include such structures as
detached garages, sheds, accessory dwellings, greenhouses, and hoop
houses. In the districts where secondary buildings are permitted with
development standards (PD), the following standards apply:
(b)
Agricultural uses. A secondary building associated with an agriculture
use, such as a greenhouse, hoop house, or shed, shall set back at
least 10 feet from the front and corner side property lines.
(c)
Garage. Secondary buildings serving as garages or car ports
are permitted in corner side yards with a setback of 10 feet from
the corner side property line or the setback distance of the principal
structure if it is less than 15 feet.
(10)
Sidewalk cafe: outdoor eating areas permitted within the right-of-way
and on the property in question. In the districts where a sidewalk
cafe is permitted with development standards (PD), the following standards
apply.
(a)
Clear pedestrian pathway. A minimum pedestrian pathway width
of five feet must be maintained free of all obstacles. This clear
pedestrian pathway shall be located adjacent to the building facade
unless otherwise approved through the City Planner.
(b)
Permit. If located in the public right-of-way, a temporary encroachment
permit is required from the City of Kalamazoo.
