These regulations shall be officially known as the "City of
Kalamazoo Zoning Ordinance," and may be referred to as "the Ordinance"
or "this Ordinance."
This Ordinance is enacted pursuant to the powers granted by
laws of the state of Michigan, including the statutory authority granted
in the Michigan City and Village Zoning Act, Public Act 207 of 1921,
as amended (Michigan Compiled Law (MCL) § 125.581 et seq.,
as amended) and other relevant laws of the state.
This Ordinance was adopted by the City Commission of the City
of Kalamazoo on July 18, 2005. This Ordinance became effective on
October 18, 2005, 90 days after adoption by City Commission.
A.
General. The provisions of this Ordinance shall apply to all development
and the use of all land and structures on all lands and waters within
the City of Kalamazoo, including land owned by county, state or federal
agencies to the extent permitted by law.
B.
Application to City. Use of all structures and land owned by the
City or by City agencies or departments shall be permitted uses in
all zoning districts. Such uses shall comply with density, intensity
and dimensional standards of Chapter 5 unless specifically waived
or modified by the Zoning Board of Appeals or by resolution of the
City Commission.
C.
No Development until Compliance with this Ordinance. No structure,
land or water, shall be used and no structure or part of a structure
shall be located, erected, moved, reconstructed, extended, converted
or structurally altered except for normal repairs of existing structures,
without full compliance with the provisions of this Ordinance and
all other applicable city, state and federal regulations.
A.
General. This Ordinance is adopted to guide and regulate the appropriate
use or development of all lands and structures in a manner that will
promote the public health, safety and general welfare.
B.
Specific. These regulations are specifically intended to:
1.
Classify all land in such manner as to reflect its suitability for
particular uses.
2.
Regulate the location, construction, reconstruction, alteration,
and use of buildings, structures, and land.
3.
Ensure adequate light, air, privacy, and convenience of access to
property.
4.
Conserve property values.
5.
Protect all areas of the City from harmful encroachment by incompatible
uses.
6.
Prevent the overcrowding of land with buildings.
7.
Avoid undue congestion of population.
8.
Fix reasonable standards to which buildings, structures and uses
shall conform.
9.
Lessen congestion in the public streets by providing for off-street
parking of motor vehicles and for off-street loading and unloading
of commercial vehicles.
10.
Facilitate the adequate provision of transportation, water, sewage
disposal, education, recreation, and other public facilities.
11.
Provide for the elimination of nonconforming buildings and structures
and for the elimination of nonconforming uses of land.
12.
Promote a desirable visual environment through creative development
techniques and good civic design and arrangement.
13.
Protect natural resources and environmentally sensitive areas.
14.
Define the powers and duties of the administrative officers and review
bodies.
15.
Provide penalties for violations of the provisions of this Ordinance
or any subsequent amendment.
A.
Authority for Interpretation. The City Planner is responsible for
interpreting the text of this Ordinance in accordance with the standards
set forth in this section and applicable Ordinance standards and requirements,
and applicable state law. Interpretations made by the City Planner
may be appealed to the Zoning Board of Appeals.
B.
Meaning and Intent. All provisions, terms, phrases, and expressions
contained in this Ordinance shall be construed according to this Ordinance's
stated purpose and intent, and applicable state law.
C.
Text Controls. In case of any difference of meaning or implication
between the text of this Ordinance and any heading, drawing, table,
or figure, the text shall control.
D.
Statutory References. All references to state law in this Ordinance
refer to the Michigan Compiled Law (MCL), as amended.
E.
Computation of Time. Periods of time defined by a number of days
shall mean a number of consecutive calendar days. Any deadline that
falls on a weekend or national holiday shall be extended to the next
business day.
F.
Delegation of Authority. Whenever a provision appears requiring the
head of a department, City Planner, or another officer or employee
of the City to perform an act or duty, that provision shall be construed
as authorizing the department head or officer to delegate the responsibility
to subordinates, unless the terms of the provision specify otherwise.
G.
Technical and Nontechnical Words. Words and phrases not otherwise
defined in this Ordinance shall be construed according to the common
and approved usage of the language, but technical words and phrases
not otherwise defined in this Ordinance that may have acquired a peculiar
and appropriate meaning in law shall be construed and understood according
to such meaning.
H.
Mandatory and Discretionary Terms. The words "shall" and "must" are
always mandatory, and the words "may" or "should" are always permissive.
I.
Conjunctions. Unless the context clearly suggests the contrary, conjunctions
shall be interpreted as follows: (1) "And" indicates that all connected
items, conditions, provisions, or events shall apply; (2) "Or" indicates
that one or more of the connected items, conditions, provisions, or
events shall apply.
J.
Tense and Usage. Words used in one tense (past, present, or future)
include all other tenses, unless the context clearly indicates the
contrary. The singular shall include the plural, and the plural shall
include the singular.
K.
Gender. The masculine shall include the feminine.
A.
Conflict with State or Federal Regulations. If the provisions of
this Ordinance are inconsistent with those of the state or federal
government, the more restrictive or specific provision shall control,
to the extent permitted by law.
B.
Conflict with Other City Regulations. If the provisions of this Ordinance
are inconsistent with one another or if they conflict with provisions
found in other adopted City ordinances, development plans or historic
regulations of the City, the more restrictive provision shall control.
C.
Conflict with Private Agreements. It is not the intent of this Ordinance
to interfere with, abrogate, or annul any easement, covenant, deed
restriction, or other agreement between private parties. If the provisions
of this Ordinance impose a greater restriction than imposed by a valid
private agreement, the provisions of this Ordinance will control.
If the provisions of a valid private agreement impose a greater restriction
than this Ordinance, the provisions of such private agreement shall
control. The City shall not be responsible for monitoring or enforcing
private agreements, to the extent allowed by law.
A.
Zone District Map. The Zone District Map designates the location
and boundaries of the various zone districts established in this Ordinance
within the City and is incorporated into this Ordinance by reference.
The Zone District Map shall be kept on file in the office of the City
Planner and is available for public inspection during normal business
hours.
B.
Incorporated by Reference. The Zone District Map and all the notations
thereon are hereby incorporated by reference and made part of this
Ordinance.
C.
Zone District Boundaries. Unless otherwise specified, zone district
boundaries are lot lines or the center line of streets, alleys, railroad
rights-of-way, or such lines extended. Where a zone district boundary
divides a land parcel under a single ownership into two or more zone
districts, then the entire parcel shall be zoned to the district that
consists of the most land area on the entire parcel. Boundaries indicated
as parallel to, or extensions of, features indicated above shall be
so construed. Distances not specifically indicated on the Official
Zone District Map shall be determined by the scale of the map, if
not indicated in the text of this Ordinance. Where physical or natural
features existing on the ground are at variance with those shown on
the Zone District Map, or in other circumstances are not covered above,
the City Planner shall interpret the zone district boundaries. This
paragraph shall not apply to any parcel that was purposefully rezoned
in a manner where a zone district boundary divides a land parcel for
the purpose of providing a buffer between land uses.
[Amended 3-19-2007 by Ord. No. 1822]
D.
Boundary Disputes. The City Planner shall have the authority to interpret
the Zone District Map and determine where the boundaries of the different
zone districts fall, if in dispute. The interpretation of the district
boundaries by the City Planner may be appealed to the Zoning Board
of Appeals pursuant to § 8.3F: Appeals of Administrative
Decisions.
E.
Changes to Zone District Map. Changes made in zone district boundaries
or other matters portrayed on the Zone District Map shall be made
in accordance with the provisions of this Ordinance (See § 8.3B:
Amendments to Text of Ordinance or Zone District Map). Changes shall
be entered on the Zone District Map promptly after the amendment has
been approved by the City Commission with an entry on the Zone District
Map. No amendment to this Ordinance that involves matters portrayed
on the Zone District Map shall become effective until after such change
entries are made on the Zone District Map by the City Planner.
A.
Violations Continue. Any violation occurring under the previous Zoning Ordinance, which was repealed on October 18, 2005, will continue to be a violation under this Ordinance and be subject to penalties and enforcement pursuant to Chapter 10: Violations, Penalties and Enforcement, unless the use, development, construction, or other activity complies with the provisions of this Ordinance.
B.
Nonconformities Under Prior Ordinance. Any nonconformity under the
previous Zoning Ordinance, which was repealed on October 18, 2005,
will also be a legal nonconformity under this Ordinance, as long as
the situation that resulted in the nonconforming status under the
previous Ordinance continues to exist If a nonconformity under the
previous Ordinance becomes conforming because of the adoption of this
Ordinance, then the situation will no longer be a nonconformity.
C.
Approved Projects.
1.
Validity. Except for Planned Unit Developments approved prior to
October 18, 2005 (See § 1.9D: Planned Unit Developments
Approved Prior to October 18, 2005), permits and approvals that are
valid on October 18, 2005 shall remain valid until their expiration
date. Projects with valid approvals or permits may be carried out
in accordance with the development standards in effect at the time
of approval, provided that the permit or approval is valid and has
not lapsed.
2.
Changes. No provision of this Ordinance shall require any change
in the plans, construction, or designated use of any structure for
which a building permit has been issued prior to October 18, 2005.
3.
Extensions. The decision-making body that granted original approval may renew or extend the time of a previous approval if the required findings or standards for approval remain valid. Any extension granted shall not exceed the time specified for the extension of the specific permit approval in Chapter 8: Review and Approval Procedures.
4.
Reapplication. Any reapplication for an expired project approval
shall meet the standards in effect at the time of re-application.
D.
Planned Unit Developments (PUDs) Approved Prior to October 18, 2005.
1.
Final approval required. Any Planned Unit Development (PUD) approved
prior to October 18, 2005, shall remain valid until its expiration
date if it has received final approval for at least one phase of the
PUD prior to October 18, 2005. PUDs that receive final approval for
at least one phase of the PUD prior to October 18, 2005 may be carried
out in accordance with the development standards in effect prior to
such date.
2.
Final approval not granted. If a PUD approved prior to October 18,
2005 fails to receive final approval for at least one phase of the
PUD within 12 months after October 18, 2005, the PUD Plan, and PUD
Agreement if applicable, shall lapse and become invalid. Prior to
proceeding with any development within such PUD Overlay zone district,
the owner or applicant shall be required to obtain approval of a new
PUD Plan through the same procedure required for approval of the original
PUD Plan, and such new PUD Plan shall be required to comply with all
applicable provisions of this Ordinance.
E.
Applications in Progress.
1.
Completed applications. Complete applications for permits and other
approvals, submitted before October 18, 2005, and pending approval
at the time of adoption of this Ordinance on October 18, 2005, may,
at the applicant's option, be reviewed wholly under the terms of the
previous Ordinance. If approved, these projects may be carried out
in accordance with the development standards in effect at the time
of application. Any re-application for an expired permit shall meet
the standards in effect at the time of re-application.
2.
No applications submitted. Projects for which no application has
been submitted and accepted as complete prior to October 18, 2005
shall be subject to all requirements and standards of this Ordinance.
F.
Severability. If any section, subsection, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by a Court
of competent jurisdiction, for any reason, the remaining portions
of this Ordinance shall not be affected. It is expressly declared
that this Ordinance and each section, subsection, sentence, and phrase
would have been adopted regardless of the fact that one or more other
portions of the Ordinance would be declared invalid or unconstitutional.
