City of Kalamazoo, MI
Kalamazoo County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
The overlay districts of this chapter are intended to apply in combination with the underlying base district to impose regulations and standards that address special geographic areas or land use issues.
B. 
In the event of conflict between overlay district regulations and the regulations of the underlying (base) district, the overlay district regulations govern. In all other cases, both the overlay district and base district regulations apply.
C. 
Overlay districts are established in accordance with the Zoning Map Amendment procedures of § 8.3B, Amendments to Text of Ordinance or District Map.
D. 
The following overlay districts are included in this Ordinance:
Table 3.1-1 Overlay Districts
NC-O
Neighborhood Conservation Overlay
PUD-O
Planned Unit Development Overlay
THD-O
Traditional Housing Density
WP-O
Wellhead Protection Overlay
HP-O
Historic Preservation Overlay
RF-O
Riverfront Overlay
A. 
Purpose. The NC-O, Neighborhood Conservation Overlay district is intended to:
1. 
Encourage development that conforms to the type, scale, orientation and physical design of existing development in the neighborhood;
2. 
Foster development and redevelopment that is compatible with the type, scale, orientation and physical design of original buildings in the neighborhood through the use of development standards, design standards and guidelines; and
3. 
Conserve cultural, historic and property values within identified neighborhood areas.
B. 
Selection Standards. An NC-O district must be a geographically defined area that has a significant concentration, linkage or continuity of sites that are united by physical development, architecture or history. To be eligible for an NC-O district designation, the area must comply with the following standards.
1. 
The general pattern of development, including streets, lots and buildings, must have been established at least 25 years prior to creation of the district.
2. 
The area must possess built environmental characteristics that create an identifiable setting, character and association.
3. 
The designated area must be a contiguous area of at least five acres in area. Areas of less than five acres may be designated in accordance with the procedures of this section if they abut an existing NC-O district.
C. 
Uses. The NC-O may not allow additional uses other than allowed by the underlying zoning district(s). The NC-O may exclude or limit uses allowed by the underlying zoning district(s).
D. 
Development/Design Standards. In establishing an NC-O district, the Historic District Commission, the Planning Commission, and staff are authorized to propose, and the City Commission is authorized to adopt district-specific development and design standards to guide development and redevelopment within NC-O districts. When development and design standards are approved, each application for alteration within the designated NC-O must comply with those standards. When there are conflicts between the standards of the underlying base district and adopted NC-O district design/development standards, the NC-O design/development standards govern.
E. 
Establishment of District. NC-O Districts are established in accordance with the Zoning Map Amendment procedures of § 8.3.B: Amendments to Text of Ordinance or District Map, except as modified by the following provisions:
1. 
An application to establish an NC-O district may be initiated by City staff, the Historic District Commission, the Planning Commission, or the City Commission.
2. 
Applications may also be initiated by petition when signed either by the owners of 51% of the area within the proposed NC-O district or by at least 51% of the property owners within the proposed district.
3. 
The Historic District Commission and the Planning Commission must submit written recommendations to the City Commission regarding the creation of NC-O districts.
4. 
The Historic District Commission is responsible for reviewing NC-O zoning applications for compliance with the Selection Criteria of § 3.2B: Selection Standards, and for recommending development/design standards and guidelines for the district.
5. 
The Planning Commission is responsible for reviewing the application for its planning and zoning implications.
6. 
The City Commission is responsible for making a final decision to approve or deny NC-O zoning.
F. 
Procedures.
1. 
Unless otherwise expressly stated, the Zoning Map amendment procedures of § 8.3B: Amendments to Text of Ordinance or District Map apply.
2. 
Public hearings on NC-O district designation applications must be held by the Historic District Commission, Planning Commission and City Commission in accordance with the hearing procedures of § 8.2: Public Hearing Procedures.
3. 
Following its hearing, the Historic District Commission must adopt, by resolution, a recommendation that NC-O district designation be approved, approved with conditions, or denied. The Historic District Commission's recommendation must be in the form of a resolution and be submitted to the Planning Commission and City Commission. The resolution must be accompanied by a report containing the following information:
a) 
An explanation of whether and how the area complies with § 3.2B: Selection Standards,
b) 
Proposed uses, Development/Design Standards, including a description of the general pattern of development, including streets, lots and buildings in the area; district-specific development and design standards pertaining to elements such as building scale, massing, and height; building elements and projections (e.g., front porches, bay windows, detached garages), setbacks, and open space to guide redevelopment and development within the district;
c) 
A map showing the recommended boundaries of the NC-O district; and
d) 
A record of the proceedings before the Historic District Commission.
4. 
Following the public hearing and recommendation of the Historic District Commission, the Planning Commission must hold a public hearing and adopt, by resolution, a recommendation that the NC-O district designation be approved, approved with modifications, or denied. The Planning Commission's recommendation must be in the form of a resolution and be submitted to the City Commission. The resolution must be accompanied by a report containing the following information:
a) 
An explanation of the planning and zoning implications related to the designation of the proposed area and district-specific development and design standards recommended by the Historic District Commission;
b) 
Recommendations for changes to the district-specific development and design standards to guide redevelopment and development within the district recommended by the Historic District Commission;
c) 
A map showing the recommended boundaries of the NC-O district; and
d) 
A record of the proceedings before the Planning Commission.
5. 
Following the public hearings by the Historic District Commission and the Planning Commission, the City Commission must hold a public hearing and act to approve, approve with modifications, or deny the application for NC-O district designation.
G. 
NC-O Districts Established. The following NC-O districts are established:
Table 3.1-2 NC-O Districts Established
Conservation Overlay District Name
Boundaries
A. 
Description. The THD-O Traditional Housing Density Overlay district is intended to stabilize and preserve the character of the neighborhoods without downzoning and without creating widespread nonconformities.
B. 
Use Regulations. The uses allowed in the underlying district are allowed in the THD-O district.
C. 
Density/Intensity/Dimensional Standards. The Density/Intensity and Development standards of the underlying zoning district apply to development within the THD-O district.
D. 
Existing Uses.
1. 
All legally conforming established residential uses in existence on October 18, 2005, will be considered conforming under this Ordinance. Any residential building (legally conforming or legally nonconforming) may be rebuilt with the same number of dwelling units, but it may not be rebuilt to contain a greater number of dwelling units than (a) the number of dwelling units that existed at the time of its demolition, or (b) the number of dwelling units allowed by the density and dimensional standards of the underlying zoning district, whichever is greater.
2. 
If a structure in the THD-O district contains more residential dwelling unit than are permitted by the density/intensity standards of Secs. 5.1 or 5.2 (as applicable), and one or more of such dwelling units are later removed from the structure through remodeling, renovation, or any other means, then such dwelling units may not subsequently be re-constructed or otherwise made available for occupancy as a separate dwelling unit unless the residential structure would still comply with the standards of § 5.1 or 5.2 (as applicable) after such re-construction, remodeling, or occupancy. Once a dwelling unit that would not be permitted under the density/intensity standards of § 5.1 or 5.2 is removed from a structure by any means, it may not be re-constructed or made available for occupancy through any means.
3. 
Any conforming building containing a conforming use that has been destroyed or damaged by fire, explosion, or Act of God may be rebuilt to its pre-damage state, notwithstanding the requirements of § 9.2: Nonconforming Uses.
A Planned Unit Development Overlay district may be approved for residential, commercial, public, or industrial development, or for a mix of such uses, pursuant to the following standards and requirements.
A. 
Purpose. The PUD-O, Planned Unit Development Overlay District regulations are intended to:
1. 
Promote consistency with the Comprehensive Plan;
2. 
Promote development that can be conveniently, efficiently and economically served by existing and planned utilities and services;
3. 
Promote design flexibility that results in greater public benefits than could be achieved using conventional district regulations;
4. 
Encourage the preservation of environmental and historic resources;
5. 
Promote a mix of attractive and functional residential and nonresidential developments that are compatible with surrounding development.
B. 
Development Review and Approval. A PUD-O district may be approved only when the City Commission determines that a proposed Planned Unit Development complies with all the relevant and appropriate standards of § 3.4H: Standards, the procedures of § 8.3C: Planned Unit Development Overlay (PUD-O) District, and would result in a greater benefit to the City than would development under conventional district regulations.
C. 
Developer's Statement. Each PUD-O application must include a comparison of the proposed development with the standards of underlying district and the otherwise applicable standards of this Ordinance. Applications must also include a statement by the applicant describing how the proposed development provides greater benefits to the City than would a development carried out in accordance with otherwise applicable district and development standards.
D. 
Effect of other District Standards. Except as expressly authorized by the regulations of this section and approved as part of a PUD Plan (in accordance with the procedures of § 8.3C: Planned Unit Development Overlay (PUD-O) District), all of the standards of this Ordinance apply to development within a PUD-O district.
E. 
Minimum Land Area. A PUD-O district classification containing only residential and related land uses may only be applied to lands that comprise a minimum of five contiguous acres in area, or a contiguous city block, whichever is less. A PUD O district classification containing commercial uses or a mix of commercial and residential uses may be applied without a minimum area requirement.
F. 
Location. A PUD-O zoning classification may be established on any land located in the City that complies with all of the applicable standards of this section.
G. 
Unified Ownership or Control. The title to all land that is part of a PUD-O district classification containing only residential and related land uses must be owned or controlled by one person at the time of application and approval. A person will be considered to control all lands in the PUD-O district either through ownership or by written consent of all owners of land within the proposed PUD-O district boundary that is subject to the conditions and standards of the adopting ordinance, the PUD Plan and PUD-O District Agreement. A PUD-O district classification containing commercial uses or a mix of commercial and residential uses need not be owned or controlled by one person at the time of application and approval.
H. 
Standards. All development in a PUD-O district shall comply with (1) all provisions of this Code applicable to the underlying zone district unless such provisions are expressly varied by the terms of the PUD Plan. In addition, before approving a PUD-O district classification, the City Commission must find that the PUD Plan and district classification complies with those standards identified in § 8.3C.7: Planned Unit Development Overlay (PUD-O) Zone District. The City may require additional building design standards, landscaping standards and site development standards to ensure that a PUD-O classification containing commercial uses or a mix of commercial and residential uses are compatible with and enhance the appearance of surrounding areas.
[Added 5-21-2007 by Ord. No. 1825]
A. 
Intent/Purpose. The intent of the City of Kalamazoo Wellhead Protection Overlay Ordinance is to safeguard the health, safety, and welfare of persons served by the City of Kalamazoo Public Water Supply System by protecting groundwater that serves as drinking water, thus providing a safe potable water supply now and for future generations.
B. 
Definitions. The following definitions apply to this ordinance:
BEST MANAGEMENT PRACTICES (BMP)
The best available methods, activities, maintenance procedures, technologies, operating methods or management practices for preventing or reducing the quantity of regulated substances entering groundwater and surface water from a particular land use activity.
CAPTURE ZONE
That area through which water travels below the surface and reaches a City well or wellfield within a specified period of time (under specified conditions set by the MDEQ). This ordinance addresses both a one-year and ten-year time-of-travel capture zone.
CITY
The City of Kalamazoo.
GROUNDWATER
The water below the land surface in a zone of saturation, excluding those waters in underground piping for water, wastewater, or stormwater distribution/collection systems.
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ)
Shall include its predecessors and successors.
PERFORMANCE STANDARDS
Those BMPs and engineering controls contained within the document "City of Kalamazoo Performance Standards for Groundwater Protection within Wellhead Protection Capture Zones and Stormwater Quality Management."
RCRA
Means the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580; 42 U.S.C. 6901 et seq.), as amended.
1. 
Shall include:
a) 
Substances for which there is a material safety data sheet (MSDS), as established by the United States Occupational Safety and Health Administration, and the MSDS cites possible health hazards for said substance;
b) 
Hazardous waste, as defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended;
c) 
Hazardous substances, as defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with the U.S. EPA regulations;
d) 
Radiological materials; and
e) 
Biohazards.
2. 
Regulated substances shall not, however, include:
a) 
Substances in an amount equal or less than 2,200 pounds that are in an area capable of fully containing a total release of said substance or an area that would drain the substance to a wastewater treatment system, excluding septic tanks systems, capable of treating the released substance(s);
b) 
Substances in a parked or stopped vehicle in transit, provided the vehicle is stopped or parked for less than 72 hours;
c) 
Substances, such as gasoline or oil, in operable motor vehicles or boats so long as used solely for the operation of the vehicle, but not the tanker portion of a tank truck;
d) 
Pressurized gases such as chlorine, propane, hydrogen, and nitrogen when in a chemical storage tank;
e) 
Refrigerants contained within equipment and used for on-site air cooling or in household appliances;
f) 
Substances contained within electrical utility transformers/switches; or
g) 
Substances used in construction for which all necessary permits have been obtained, and in accordance with the "Performance Standards."
RELEASE
The spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of one or more regulated substances upon or into any land or water within a capture zone. Release includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site sewage disposal system, dry-well, catch basin, or landfill. The term "release" when used and applied herein does not include:
1. 
Disposal in accordance with all applicable legal requirements, including those in RCRA and CERCLA, of hazardous wastes in a facility that has received and maintained all necessary legal approvals for that purpose;
2. 
Disposal of any substance in compliance with applicable legal requirements, including, without limitation, the terms and provisions of a valid municipal, state, or federal permit;
3. 
Disposal, in accordance with all legal requirements, of any substance to a sanitary sewer system that has received and maintained all necessary legal approvals for that purpose;
4. 
Disposal, in accordance with all legal requirements, of "sanitary sewage" to subsurface sewage disposal systems as defined and permitted by the State of Michigan or Kalamazoo County Environmental Health;
5. 
A release for which there is no obligation to report under federal, state, or other local regulations that occurs on an impervious ground surface (e.g., building floor or concrete driveway) that is effectively cleaned up before reaching permeable ground (e.g., unpaved), a dry well, a storm sewer, or surface water body; or
6. 
The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc. as used in routine agricultural operations and applied under the "Generally Accepted Agricultural Management Practices," and consistent with label directions approved by the United States Environmental Protection Agency or the Michigan Department of Agriculture.
SPILL CONTINGENCY PLAN
A written site-specific plan conforming to the specifications contained in the "Performance Standards," including the documentation of general site operations; regulated substance storage areas; potential for releases of regulated substances and an analysis of the potential destination of such releases; and procedures to be followed in the event of a release.
WELLHEAD
Any individual well used for supplying water.
C. 
Responsibility for Administration. The City's Department of Public Services ("Department") shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the Department may be delegated in writing by the Department Director to third parties as said Director deems appropriate.
D. 
Prohibitions within Ten-Year Time-of-Travel (TOT) Capture Zone. Within a ten-year time-of-travel capture zone, no person shall, nor cause or allow another over whom he/she or she has control to:
1. 
Release or allow the release of a regulated substance, alone or in combination with other materials (such as fill) in such a manner that the substance gains access to the ground, to a storm sewer or surface water or in any other way such that the substance might enter the groundwater if doing so creates a reasonable likelihood of an adverse impact upon the groundwater;
2. 
Possess a regulated substance, including fuels (e.g., gasoline, diesel, kerosene, etc.) exceeding 55 gallons aggregate for liquid materials, or 440 pounds aggregate for dry weights, unless prepackaged and intended for retail sale or for commercial or household use (such as salt used in water softeners, fertilizers, pesticides, herbicides, etc.), or unless engineering controls are designed and implemented consistent with the City's "Performance Standards," BMPs, the City's Fire Code, and applicable State of Michigan laws and regulations. The following, however, shall not be considered prohibited activities:
a) 
The use of underground oil and water separators and stormwater treatment structures which meet the conditions of the "Performance Standards";
b) 
The use of current hazardous waste storage areas at RCRA permitted facilities;
c) 
Laboratory activities, consistent with all Federal, state, and local regulations.
3. 
Operate a scrap and recycling yard;
4. 
Operate a sanitary/solid waste landfill;
5. 
Use oil, waste oil or similar liquid petroleum-type products for dust suppression;
6. 
Install a private water well for the purpose of drinking water or irrigation if, in the determination of the Department, public water service is reasonably available;
7. 
Install or use a private water well not installed for the purpose of drinking water or irrigation unless it is determined by the Department that the well owner (or representative) has scientifically demonstrated that the well will not cause an adverse impact to the public water supply;
8. 
Use any private well if said use is likely to cause an adverse impact to the public water supply;
9. 
Excavate, extract, or mine sand, gravel, bedrock or any other type of earth if a permit or site plan review is required unless the property owner has established, to the Department's satisfaction, that the activity will not cause an adverse impact to the public water supply;
10. 
Allow the presence of an abandoned well, which is defined as any well which has either been discontinued for more than one year, is in such disrepair that its continued use for obtaining groundwater is impractical, has been left uncompleted, is a threat to groundwater resources, or is a health or safety hazard. A well shall not be considered abandoned if it has been properly plugged pursuant to The Groundwater Quality Control Act, Part 127, 1978 PA 368; or
11. 
Drill for natural gas or petroleum, whether for exploration, production or otherwise.
E. 
Prohibitions Within One-Year Time-of-Travel (TOT) Capture Zone. Within a one-year time-of-travel capture zone, no person shall, nor cause or allow another over whom he/she or she has control to:
1. 
Engage in any activity prohibited in the ten-Year TOT Capture Zone;
2. 
Possess regulated substances, including fuels (e.g., gasoline, diesel, kerosene, etc.), exceeding 55 gallons aggregate for liquid materials or 440 pounds aggregate for dry weights, such as sometimes occurs with activities such as fueling service establishments, motor vehicle repair, body repair; trucking or bus terminals; primary metal product industries; metal plating, polishing, etching, engraving, anodizing or similar processes; lawn, garden, pesticide and agricultural services with on-site bulk mixing or blending of fertilizers, pesticides and other industry-related chemicals for commercial application; and dry-cleaning facilities with on-site cleaning service; or
3. 
Construct or replace any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of domestic or non-domestic wastewater.
F. 
Well Isolation Distance Restrictions. Within either capture zone, no person shall cause or allow uses or activities that would violate the terms and conditions set forth in the document "Minimum Well Isolation Distances (From Contamination Sources and Buildings), Part 127, Act 368, P.A. 1978 and Act 399, PA 1976" as prepared by the MDEQ, Water Division, as it may be amended, which, for the purpose of this section, shall be deemed to apply to all persons, unless approved in writing by the Department Director or his or her designee.
G. 
Determination of Capture Zone Boundaries. In determining whether a property is within a capture zone, the following shall apply:
1. 
Where a capture zone line that delineates the boundary of one or more zones passes through a property, the entire parcel shall be subject to the restrictions that apply to the more restrictive zone.
2. 
The Environmental Services Superintendent, or his or her designee, shall have the authority to interpret the capture zone and determine where the boundaries of the different zones fall, if in dispute. Said interpretation may be appealed to the Director.
H. 
Continuation of Existing Nonconforming Facilities and Land Uses.
1. 
Existing nonconformities for land uses/activities will be allowed within a capture zone only if in accordance with Chapter 9, "Nonconformities," of Appendix A (Zoning Ordinance) of the City of Kalamazoo Code of Ordinances.
2. 
In addition, the facility must meet the requirements of the "Performance Standards" and/or shall prepare a Spill Contingency Plan within two years from the adoption date of this ordinance or one year from the date of contact from the City regarding recognition of nonconforming status, whichever is sooner. The City reserves the right to approve/determine which option(s) is to be implemented for the specific circumstance.
I. 
Requirements Regarding Release of Regulated Substance.
1. 
Upon discovery of a release within a capture zone, the owner and person in control of the property on which a release occurred, as well as the person responsible for the release, shall take appropriate reasonable actions to mitigate the potential impact of the release on groundwater and remediate the release. Remediation must be conducted in a timely manner and in accordance with applicable law. Wastes generated during remediation of a regulated substance release must be handled in accordance with all applicable legal requirements. Storage of these materials for a period of greater than 90 days must be reported to, and approval obtained from, the Environmental Services Superintendent or designee by said persons.
2. 
All releases shall be documented in writing and mailed to the Department within 10 business days of said incident. Initial release notification shall include, at a minimum, the following:
a) 
Location of the release (name, address, and phone);
b) 
Reporting party's name, address, and phone (if different from above);
c) 
Emergency contact and phone;
d) 
Description of the nature of the incident, including date, time, location, and cause of the incident; type, concentration, and volume of substance(s) released;
e) 
Map showing exact release location, and relevant site features (i.e., paved area, storm sewer catch basins/inlets, water features, etc.), scale, and North arrow;
f) 
All measures taken to clean up the release; and
g) 
All measures proposed to be taken to reduce and prevent any future release.
3. 
The Environmental Services Superintendent or his/her designee shall use the Regulated Substance Release Report to determine if and where any additional investigative work needs to be completed to assess the potential impact of the release. The owner or operator shall retain a copy of the written notice for at least three years.
J. 
Inactive Operations. This section applies to any business or other operation ("operation") that is inactive, is within a capture zone, and at which there are regulated substances. For purposes of this section, "inactive" is defined to include those businesses/operations that are unoccupied and have no activity for at least 30 days. Those who own or control such an inactive operation shall do the following:
1. 
Within seven days of the operation becoming inactive, take such steps as necessary to secure the site such that vandals and all other persons cannot gain access to the regulated substances;
2. 
Within 30 days of the operation becoming inactive, provide to the Superintendent a document that identifies the site, the date of inactivity, the regulated substances that exist on site, and the name, address and telephone number of both the owner and the person in control of the site; and
3. 
Within six months of the operation becoming inactive, remove all regulated substances from the site; this does not include those substances used for heating, cooling, or electrical lighting.
K. 
Enforcement.
1. 
Whenever the Department determines that a person has violated a provision of this Ordinance, the Department may order compliance by issuing a written Notice of Violation to the responsible person/facility.
2. 
If the Department requires abatement of a violation and/or restoration of affected property, the notice shall set forth a deadline by which such action must be completed. Said notice may further advise that, should the violator fail to remediate or restore within the established deadline, the work will be performed by the Department, with the resulting expense thereof charged to the violator.
L. 
Variance/Appeal Rights.
1. 
If an owner of property within a capture zone believes the requirements of this ordinance impose an unreasonable burden on the use of the owner's property, the owner may seek a variance from the Department Director (or his or her designee). Such a request must be in writing with enough detail to allow the Director to understand the situation and proposed variance. If the Director determines that additional information is needed, the request for additional information shall be made within 30 days of the owner's request. Within 30 days of the receipt of such additional information, or, if no such request is made, within 30 days of the owner's request, the Director shall issue a written response to the owner. The response shall grant, deny, or partially grant the request. A grant, partial or complete, may relieve the property owner from strict compliance with this ordinance. Reasonable conditions may be imposed as part of such a grant. The Director shall be guided by the primary goal of protecting the City's wellfields without creating undue hardship upon the property owners affected.
2. 
Any person receiving a Notice of Violation may appeal the determination set forth within the notice to the Department Director by submitting a written notice of appeal to the Department. The notice of appeal must be received by the Director within 30 days from the date of the Notice of Violation, with enough detail to allow the Director to understand the situation. Within 30 days of the receipt of such an appeal the Director shall issue a written response to the appeal unless additional information is requested by the Director, in which case the response shall issue within 30 days of receipt of the information. The Director's response shall affirm, reverse, or modify the Notice of Violation being appealed.
3. 
If the person who has made a variance request or an appeal of a Notice of Violation does not agree with the Director's decision, said person may appeal the matter by filing an action in the Kalamazoo Circuit Court, which may affirm, reverse or modify the decision being appealed. Such an appeal must be filed within 30 days of the Director's final decision.
M. 
Abatement/Remedial Activities by the Department.
1. 
The Department is authorized to take or contract with others to take reasonable and necessary abatement or remedial activities whenever the Department determines a violation of this Ordinance has occurred and that the responsible party cannot or will not timely correct the violation, or when no known responsible party exists. The responsible party shall reimburse the City for all reasonable expenses thus incurred by the City.
2. 
If the City desires the responsible party to reimburse it for reasonable abatement activity expenses, the City shall, within 90 days of the completion of said activities, mail to that person a Notice of Claim outlining the expenses incurred, including reasonable administrative costs, and the amounts thereof. The person billed shall pay said sum in full within 30 days of receipt of the claim. If the person billed desires to object to all or some of the amount sought by the Department, said person may file, within the same thirty-day period, a written objection so stating. The Department shall, within 30 days of its receipt of the objection, provide an opportunity for the objecting party to present facts or arguments supporting said objection. If the Department determines that some or the entire amount originally billed is appropriate, the person shall pay said sum within 30 days of receipt of that determination. If the amount due is not timely paid, the City may cause the charges to become a special assessment against the property and shall constitute a lien on the property. In the alternative, the City may attempt collection of the sum due by filing a civil lawsuit.
N. 
Injunctive Relief. If a person has violated or continues to violate the provisions of this Ordinance, the Department may petition the appropriate court for injunctive relief restraining the person from activities that would create further violations, or compelling the person to perform necessary abatement or remediation.
O. 
Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.
P. 
Criminal Prosecution. Any violation of this Ordinance shall be considered a misdemeanor, punishable by a fine of not more than $500 or imprisonment of not more than 90 days. Each day a violation exists shall be deemed a separate violation. A citation charging such a misdemeanor may be issued by the Director, his or her designee, or a member of Public Safety.
Q. 
Remedies Not Exclusive. The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the Department to seek cumulative remedies.
The HP-O, Historic Preservation Overlay is intended to be applied to areas that are subject to the City's historic preservation ordinance. The regulations that apply within the HP-O are those contained within Chapter 16, Historic Districts, of the Kalamazoo Code of Ordinances. The local historic districts within the City of Kalamazoo are listed below:
1. 
Haymarket Historic District.
2. 
Rose Place Historic District.
3. 
South Burdick Historic District.
4. 
South Street/Vine Area Historic District.
5. 
Stuart Area Historic District.
[Amended 7-31-2006 by Ord. No. 1809]
A. 
Purpose. The RF-O district is intended to implement The Kalamazoo Riverfront Redevelopment Plan (Riverfront Plan) adopted by the City on April 14, 2003. The RF-O district has specific purposes including:
1. 
To protect and preserve the Kalamazoo River and its frontage for public use, providing benefits to the entire City.
2. 
To encourage the redevelopment of areas adjacent to the riverfront in an urbanist style and to strengthen connections to and from the remainder of the City.
3. 
To encourage the transformation over time of certain industrial areas towards residential and mixed use development.
4. 
To encourage the creation of stable residential and mixed use neighborhoods including a wide variety of residential housing types on both the east and west sides of the Kalamazoo River.
5. 
To improve the quality of development throughout the area, and particularly along higher volume streets providing public views of the RF-O district.
6. 
To create a balanced and integrated transportation system that relies less on automobiles and more on bus transit, biking, and walking, and to create a mix of land uses and intensities that support that balanced transportation system.
7. 
To encourage patterns of development that support a mix of living, working, and recreational activities close to one another.
8. 
To encourage patterns of development that enclose and define street spaces, through the use of appropriate building heights and relatively small front setbacks.
9. 
To provide required parking to the rear or to the side of primary structures wherever possible, in order to reduce auto-oriented street frontages.
10. 
To encourage innovative and high quality architecture, and exceptional landscaping, lighting, signage, fixtures, and furnishings.
B. 
Subareas and Intended Character. The RF-O district has been divided into the following eight subareas, each of which is intended to achieve the general character described below. The boundaries of each subarea are shown on the following map.
A Riverfront Zoning Sub-Areas.tif
1. 
Subarea 1 (Northwest Manufacturing/Residential). Subarea 1 currently has an industrial character, but is intended to transition to a residential area over time. All accessory scrap and salvage operations shall be inside an enclosed structure. Residential units should be constructed close to the street frontage of each lot to help define and enclose street spaces.
2. 
Subarea 2 (West Residential). Subarea 2 is intended for future single-family residential uses and neighborhood-specific commercial uses, with residential units constructed close to the street frontage of each lot to help define and enclose street spaces.
3. 
Subarea 3 (West Park Mixed Use). Subarea 3 is intended for future residential and mixed uses, with structures constructed close to the street frontage of each lot to help define and enclose street spaces and park areas. Structures may include live/work units, residential neighborhood commercial, and office uses, and shall be two or three stories in height. No single-story structures shall be permitted.
4. 
Subareas and Intended Character, 4. Subarea 4 (Southwest Commercial). Subarea 4 is intended for mixed use, including lower-intensity industrial uses, as well as commercial, office, and residential uses. High-quality design will be required, and for the portion of Subarea 4 which falls within the boundaries of the Downtown Development Authority, design will be guided by the Downtown Design Review Guidelines.
[Amended 1-3-2012 by Ord. No. 1887]
5. 
Subarea 5 (Park). Subarea 5 is intended to be used for park areas and open space along the Kalamazoo River. Existing homes may remain and shall be deemed to be conforming land uses, but new principal and accessory structures shall be required to comply with applicable design standards.
6. 
Subarea 6 (Riverview Commercial). Subarea 6 is intended for mixed use of high design quality, with commercial uses predominating. As redevelopment occurs, parking lots shall be located behind or beside (but not in front of) primary structures. New development shall orient to Riverview Drive.
7. 
Subarea 7 (East Bank Mixed Use). Subarea 7 is intended to accommodate an urban-style residential neighborhood with residential uses along the river and neighborhood scale commercial uses around the edges of the area. The amount of commercial development shall be limited to ensure the predominantly residential character of the area.
8. 
Subareas and Intended Character, 8. Subarea 8 (Southeast Mixed Use). Subarea 8 is a highly visible location with excellent transportation access, and is intended for redevelopment with a mix of office, restaurants or retail uses, or general industrial uses that are combined with restaurant or retail/commercial uses.
[Amended 1-3-2012 by Ord. No. 1887]
9. 
Subarea 9 (South Mixed Use). Subarea 9 is a highly visible location with excellent transportation access, and is intended for redevelopment with a mix of office, restaurant, retail, multiple-family, attached housing, and mixed uses.
[Added 8-6-2018 by Ord. No. 1969]
C. 
Permitted Uses.
1. 
Different land uses are permitted in each subarea of the RF-O district as shown in the attached Table 3.7-1. Abbreviations used in the table shall have the same meanings assigned to them in § 4.1. A "P" indicates that a use is permitted by right, subject to compliance with all other applicable local, state and federal regulations, including the regulations of this Ordinance. A "C" indicates that the use may not be established after October 18, 2005, but if the use was legally established and in existence on that date it may continue to exist as a legal conforming use. An "S" indicates that a use is allowed only if reviewed and approved in accordance with the special use permit procedures of § 8.3D: Special Use Permit. A blank cell indicates that the listed use is not allowed in the respective subarea.
2. 
Some uses are subject to additional requirements set forth (a) in the right-hand column of Table 3.7-1[1] (which cross-references materials in Chapter 4), and/or (b) subarea-specific use standards set forth in § 3.7D below. In the event of any conflict between Table 3.7-1 and Table 4.2-1, the materials in Table 3.7-1 shall apply.
[1]
Editor's Note: Table 3.7-1 is included as an attachment to this chapter.
D. 
Subarea-Specific Use Regulations. The standards in this Subsection D apply in specific subareas of the RF-O district. In the event of a conflict between the use-specific standards in § 4.2 and the subarea-specific standards in § 3.7D, the stricter provision shall apply. Where the standards below reference termination or abandonment, it shall be presumed that a termination, abandonment, or relocation has occurred if there has been a complete cessation of the use continuously for a period of 180 days. Maintaining of utility services or payment of taxes during this one-hundred-eighty-day period is insufficient to overcome this presumption unless other factors clearly showing that the use was not terminated, abandoned, or relocated is provided to the City Planner.
1. 
Subarea 1 (Northwest Industrial/Residential).
a) 
If a use categorized as an industrial use in Table 3.7-1 terminates, is abandoned, or relocates out of Subarea 1, no industrial use shall occupy any part of such property.
b) 
Residential uses shall be developed pursuant to an overall development plan or a PUD requiring that at least five dwelling units be developed in each phase.
1) 
Construction of single-family homes unrelated to an approved overall development plan is not permitted.
2. 
Subarea 2 (West Residential).
a) 
Uses categorized as commercial uses in Table 3.7-1 shall only be permitted if they have a gross floor area of less than 2,500 square feet and primarily provide services to residents in the surrounding area.
3. 
Subarea 3 (West Park Mixed Use).
a) 
Uses categorized as commercial uses in Table 3.7-1 shall only be permitted if they have a gross floor area of less than 3,500 square feet, are oriented towards and adjacent to a public park or open space, and primarily provide services to residents in the immediately surrounding area.
4. 
Subarea 4 (Southwest Commercial).
a) 
Uses categorized as industrial uses or commercial-vehicle and equipment sales and service uses in Table 3.7-1 shall only be permitted after issuance of a special use permit.
b) 
Uses categorized as eating and drinking establishments in Table 3.7-1[2] shall be required to have sit-down facilities as well.
[2]
Editor's Note: Table 3.7-1 is included as an attachment to this chapter.
c) 
Residential uses shall only be developed pursuant to an overall development plan or a PUD requiring that at least five dwelling units be developed in each phase. Construction of single-family homes unrelated to an approved overall development plan is not permitted.
5. 
Subarea 5 (Park).
a) 
If an existing industrial or commercial use terminates, is abandoned, or relocates out of Subarea 5, no industrial or commercial use shall occupy any part of such property.
6. 
Subarea 6 (Riverview Commercial).
a) 
Uses categorized as industrial uses or commercial-vehicle and equipment sales and service uses in Table 3.7-1 shall only be permitted after issuance of a special use permit.
b) 
Uses categorized as eating and drinking establishments in Table 3.7-1 shall be required to have sit-down facilities as well.
c) 
Residential uses shall only be developed pursuant to an overall development plan or a PUD requiring that at least five dwelling units be developed in each phase. Construction of single-family homes unrelated to an approved overall development plan is not permitted.
7. 
Subarea 7 (East Bank Mixed Use).
a) 
New residential uses may only be developed pursuant to an overall development plan or a PUD requiring that at least six dwelling units be developed in each phase. Residential units may include live/work units and attached units, and all residential units shall be two to four stories in height. Residential units with more than four stories shall not be located closer than 300 feet from the Kalamazoo River. No single-story structures shall be permitted.
b) 
Uses categorized as industrial uses in Table 3.7-1 shall not be permitted in Subarea 7. Uses categorized as commercial uses in Table 3.7-1 that are not oriented towards and adjacent to Riverview Drive or Gull Road shall only be permitted if they have a gross floor area of less than 3,500 square feet and provide services to residents in the immediately surrounding area.
8. 
Subarea 8 (Southeast Mixed Use).
a) 
Residential uses may be permitted as part of a mixed-use development where ground floor uses are nonresidential.
9. 
Subarea 9 (South Mixed Use).
[Added 8-6-2018 by Ord. No. 1969]
a) 
Mixed-use buildings are encouraged with first floors containing office and retail uses, and upper floors containing residential uses.
b) 
Buildings shall be constructed close to the street frontages with parking at the rear or side. No parking in the front of the building is allowed.
c) 
Buildings shall be a minimum of 20 feet in height, and shall be no more than two stories taller than adjacent buildings.
d) 
Sidewalks shall be provided on all properties, and bike lanes shall be included in the street areas whenever possible.
e) 
Whenever possible, building and site design shall take advantage of the Portage Creek by including balconies that face the creek, porches, sitting areas, and outdoor customer areas for business uses.
f) 
The street network in Subarea 9 shall have a high degree of connectivity and shall offer multiple circulation routes within the district and to adjacent areas.
g) 
Residential uses shall require that at least five dwelling units be developed in each phase. Residential units may include live/work units and attached units. All residential units shall be two to four stories in height. Residential units with more than four stories shall not be located closer than 300 feet from the Kalamazoo River.
h) 
Drive-through designs will not impact the walkability of the area and will be located to the rear or side of the building. A primary entry from the frontage street must be maintained for pedestrian access. Primary building face shall be located along street frontage. Front yard may only contain café style seating, landscaping, and pedestrian infrastructure. (See Figure 1.)
Figure 1
E. 
Development and Design Standards. All new development in the RF-O district shall comply with the following standards:
1. 
Street Network. The street network, including sidewalks, in the RF-O district shall have a high degree of connectivity and shall create multiple circulation routes both within the district and to adjacent areas outside the RF-O district boundaries.
2. 
Street Design. The RF-O zone district is intended to have relatively narrow streets in order to encourage slower automobile travel, a friendlier pedestrian environment along the right-of-way, and to encourage primary buildings to be built close to the street. Typical street dimensions are illustrated below.
A Typical street dimensions.tif
3. 
Parking. The requirements of § 6.1: Off-Street Parking and Loading, shall apply within the RF-O zone district, except that:
a) 
Minimum off-street parking requirements for all uses that are categorized as commercial uses in Table 3.7-1 and that are not oriented to and adjacent to Riverview Drive, Michigan Avenue, Walbridge Street, or Gull Road may be reduced by 25% to reflect expectations of increased walkability and reduce auto-dependence within the district.
b) 
Uses categorized as commercial uses in Table 3.7-1 may count on-street parking spaces immediately adjacent to or directly in front of the subject property towards the minimum off-street parking requirements. Each qualifying on-street parking space shall reduce the minimum required off-street parking by 1/2 space.
4. 
Drive-In and Drive-Through Facilities. All drive-in and drive-through facilities shall comply with the following standards. In the event these standards conflict with those standards in § 6.1C.3, Stacking Spaces for Drive-In or Drive-Through Uses, or § 6.3E, Screening of Drive-Through Facilities, or with any other standard in this Ordinance, these standards shall govern.
a) 
Service areas and stacking lanes for all new drive-in or drive-through facilities must be set back a minimum of five feet from all lot lines. When abutting residential uses, a six-foot-tall, opaque privacy fence is required to be installed on or near the common border to screen the drive-in or drive-through facility from the residential structure. A row of six-foot-tall evergreen trees that provide a continuous opaque screen may be substituted for the fence. All driveway entrances, including stacking lane entrances, must be located at least 50 feet from any intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.
b) 
Stacking lanes must contain a minimum of 90 feet for a single stacking lane or 54 feet per lane when there is more than one stacking lane. A stacking lane is measured from the curb cut to the service area. Stacking lanes do not have to be linear.
c) 
When abutting residential parcels, drive-in or drive-through facilities with noise-generating equipment must document in advance that the facility will meet the City Noise Ordinance regulations.[3] Noise-generating equipment includes items such as speakers and exterior air handling devices.
[3]
Editor's Note: See Ch. 21, Noise.
5. 
Outdoor Display Areas. Indoor retail sales and service uses may have small outdoor display areas, with a total area not to exceed 10% of the total sales floor area. These outdoor display areas must be located on the same parcel as the primary business location. All outdoor display areas must be properly identified and contained, and must be open only during store hours. Outdoor display areas must be either removed when the retail sales and service use is closed, or completely contained within a decorative fence at least four feet in height. In the event these standards conflict with any other standard in this Ordinance, these standards shall govern.
6. 
Dimensional Standards.[4]
[4]
Editor's Note: Table RF-O.1 is included as an attachment to this chapter.
7. 
Building Design Standards. All development within the RF-O zone district shall comply with all applicable design standards in § 6.5: Design Standards, unless such standards are inconsistent with the design standards in Subsections E7(a) through (d) below — in which case the standards below shall govern.
a) 
All Development and Structures.
1) 
All primary structures shall be oriented to a street or driveway (rather than an internal courtyard), and shall have direct walking access from the front door of the primary structure to the street sidewalk system.
2) 
All development shall incorporate the open space corridors and trails identified in the Kalamazoo Riverfront Redevelopment Plan. No applicant shall be required to dedicate to the City or to public use any portion of any such open space system or trail if the amount of such dedication would violate state or federal law regarding development exactions.
3) 
Residential garages with access from alleys are preferred. Where lots receive garage access from the street, garages should be designed so that the plane of the garage door is roughly perpendicular to the street. Where a garage door(s) is located roughly parallel to and visible from the street, such garage door(s) shall not occupy more than 45% of the total width of the front elevation of the residential structure. The front plane of the garage shall not extend closer to the street than the front plane of the primary structure.
4) 
A wide variety of building materials may be used for building exterior surfaces, including but not limited to metal, granite, stone, terra cotta, concrete, glass, brick, stucco, decorative concrete block, and wood clapboard. Alternate or new materials may also be used as long as they are compatible with the physical characteristics of the historic materials which lend character to this area of the City.
5) 
The use of the following materials requires review and approval as set forth in Subsection E8(b) below: horizontal or vertical rough-textured wood siding, stone and gravel aggregate, shingles, vinyl or aluminum siding, and TI-II (plywood).
b) 
Residential Structures. All new residential structures shall comply with the standards in this Subsection E7(b). Multifamily structures shall be required to comply with the multifamily design standards in § 6.5A, Multifamily Residential.
1) 
Residential Forms (Single-Family and Duplex). All new residential structures shall closely resemble the design and character of the residential examples illustrated in the document: Recommended Housing Styles for the Riverfront Target Area.
2) 
Residential Design Menu (Single-Family and Duplex). Each single-family detached or duplex dwelling unit (a) shall be between 1 1/2 and three stories in height and (b) shall include a front door area designed to be the dominant feature on the front facade of the house through the use of clerestory windows, sidelight windows, double doors, or front porch columns, and (c) shall contain at least two of the following three architectural features:
Front or side porch with a minimum depth of five feet, and minimum floor area of at least 50 square feet.
Total area of brick, stucco, or stone veneer (or a combination thereof) equal to at least 50% of the entire area of all facades visible from public streets or adjacent residential properties.
A house design where garage doors do not appear on the front elevation of the house but are perpendicular to the street or located behind the primary structure.
c) 
Mixed Use Structures. New mixed-use structures shall incorporate at least two of the following four architectural features.
A minimum of 10% of each facade area that faces a public street shall be composed of transparent materials, unless the Site Plan Review Committee determines that such transparency would be inconsistent with the operational requirements of the building. At least one-half of this required amount of transparent materials shall be provided so that the lowest edge of the transparent materials is no higher than four feet above the street level. In areas used to meet this transparency requirement, glazing shall have a visible light transparency percentage of at least 60%.
Each facade greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet. Walls whose elevations include 25% of their surface area in balconies, patios, windows, or natural materials shall be exempt from this requirement.
Each building with commercial or retail uses shall have clearly defined, highly visible customer entrances with features designed to emphasize the importance of the entrance, which may include but are not limited to canopies or porticos, overhangs, recesses or projections, arcades, arches, peaked roof forms, outdoor patios, display windows, architectural tilework or moldings integrated into the building design, or integrated planters or wing walls that incorporate landscaped areas or seating areas.
The primary structures shall have a sloping roof with a pitch of three in 12 or greater, which shall incorporate either projecting gables or one horizontal or vertical break in the roofline per 60 linear feet of roof length.
d) 
Commercial Structures.
1) 
Commercial structures in Subsections 1, 2, 3, and 7 shall comply with those standards in § 6.5A, Neighborhood Commercial, as applicable to the CN-1 zone district. In case of any conflict between the requirements of § 6.5A and the requirements of this RF-O zone district, the latter shall govern. Loading areas shall be located where they are not visible from public streets or from adjacent properties with residential uses. If this is not possible, screening of loading areas shall comply with the requirements of § 6.2.
2) 
Commercial structures in Subsections 4, 6, and 8 shall comply with those design standards in § 6.5A, Neighborhood Commercial, as applicable to the CN-2 zone district. In case of any conflict between the requirements of § 6.5A and the requirements of this RF-O zone district, the latter shall govern. Loading areas shall be located where they are not visible from public streets or from adjacent properties with residential uses. If this is not possible, screening of loading areas shall comply with the requirements of § 6.2.
e) 
Industrial Structures.
1) 
All industrial structures shall comply with those design standards in § 6.5B, Large Retail Establishments, regardless of whether the industrial structure contains retail uses, and regardless of whether the gross floor areas of the structure exceed 50,000 square feet. In case of any conflict between the requirements of § 6.5B and the requirements of this RF-O zone district, the latter shall govern.
2) 
Administrative/office portions of the structure shall be located in the portion of the building facing the street.
3) 
Loading areas and overhead doors shall be located where they are not visible from public streets or from adjacent properties with residential uses. If this is not possible, screening of loading areas shall comply with the requirements of § 6.2.
8. 
Procedure.
a) 
All proposed development in the RF-O district shall be subject to the requirements of the site plan review process set forth in § 8.3H, as applicable. The comments and recommendations made during that process shall be incorporated into the design review process, and compliance with the design standards and guidelines of § 3.7E. shall be required.
b) 
All residential and other development in the RF-O district that does not require site plan review under § 8.3H shall require the prior approval of the City Planner to ensure that such development is in compliance with the design standards and guidelines under § 3.7E.