City of Kalamazoo, MI Chapter 4 Use Regulations

§ 4.1 Use Table.

The Use Table of this section lists the principal uses allowed within the Base Zoning Districts. The symbols used in the Use Table are defined in the following paragraphs.[1]

[1] Editor's Note: The Use Table is included as an attachment to this chapter.

§ 4.2 Use-Specific Standards.

A. Adult Foster Care Family Home and Group Home. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license. Any facility with seven or more residents must be located at least 1,500 feet from any adult foster care facility with seven or more residents.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, Adult Regulated Uses, was repealed 6-6-2022 by Ord. No. 2049.

C. Assisted Living Facility, Foster Family Group Home, Foster Family Home, Nursing/Convalescent Home; Rehabilitation Center. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

D. Attached Dwelling.

1. General. An attached house is a dwelling unit, located on its own lot that shares one or more common or abutting walls with one or more dwelling units. The common or abutting wall must be shared for at least 50% of the length of the side of the dwelling units. An attached house does not share common floor/ceilings with other dwelling units. An attached house is also called a rowhouse. Attached houses must comply with the Density, Intensity and Dimensional standards of § 5.1: Residential District Standards, except where such standards are expressly modified by the provisions of this section.

2. Standards that Apply in the RD Districts. The following standards apply to attached housing in the RD districts:

a) No more than two units may be attached by a common wall. Structures containing three or more attached dwelling units are prohibited in the district.

b) Each attached house must be on a lot that complies with the lot area and width standards for new lots in the underlying RD district.

c) The minimum required interior side setback on the side of the dwelling unit containing the common wall is reduced to zero. The (interior) side and rear setback standards of the underlying district apply around the perimeter of the project.

d) On corner lots, either the rear setback or interior side setback may be reduced to zero. However, the remaining interior side or rear setback must comply with the rear setback standards of the underlying RD district.

Figure 4-1: Corner Lots

e) Garage door areas may not comprise more than 40% of the width of the street-facing facade of the structure containing the attached housing units. The maximum continuous, uninterrupted length of a garage door (or combination of smaller, one-car garage doors) along the street-facing facade may not exceed 25 feet in width. All garage doors must be recessed at least five feet from the front building plane. The intent of these standards is to prevent garages and blank walls from being the dominant visual feature on the front of the structure.

f) Facades and roofs must be designed in a manner that provides distinguishing characteristics and relief between attached dwelling units. Such variety may consist of occasional relief in facade depth from unit to unit, unique articulations in architectural elements such as windows, entries and decorative facade building materials, and variations in roof design such as cornice articulation and roof pitch/direction.

[Added 3-19-2007 by Ord. No. 1822]

g) Attached dwelling units in the RD districts shall be oriented toward, and be directly accessible from, the public way or street on which the building fronts.

[Added 3-19-2007 by Ord. No. 1822]

3. Standards that Apply in the RM-15, RM-24, RM-36, and RMU Districts. The following standards apply to attached housing in the RM districts:

a) Up to eight dwelling units may be attached (have common walls) in the RM-15 district. There is no limit on the number of attached units in the RM-24, RM-36, and RMU districts. Attached dwelling units in all RM districts must be oriented toward, and be directly accessible from, the public way or street on which the building fronts.

b) The minimum lot area and width standards do not apply to attached houses in the RM districts. The minimum lot area for an attached house in the RM district is 3,000 square feet or the minimum lot area per dwelling unit of the underlying district, whichever is greater.

c) The minimum interior side setback on the side containing a common wall is reduced to zero. The (interior) side and rear setback standards of the underlying district apply around the perimeter of the project.

d) On corner lots, either the rear setback or interior side setback may be reduced to zero. However, the remaining interior side or rear setback must comply with the rear setback standards of the underlying district.

e) Facades and roofs must be designed in a manner that provides distinguishing characteristics and relief between attached dwelling units. Such variety may consist of occasional relief in facade depth from unit to unit, unique articulation in architectural elements such as windows, entries and decorative facade building materials, and variations in roof design such as cornice articulation and roof pitch/direction.

f) A common access to the rear of the lots for common or individual parking is required and may take the form of an alley or an easement. Common access drives must be at least 12 feet wide if designed for one-way traffic and at least 20 feet wide if designed for two-way traffic.

g) Garage door areas may not comprise more than 40% of the width of the street-facing facade of the structure containing the attached housing units. The maximum continuous, uninterrupted length of a garage door (or combination of smaller, one-car garage doors) along the street-facing facade may not exceed 25 feet in width. A minimum separation of six feet is required between such expanses of garage doors. All garage doors must be recessed at least five feet from the front building plane. The intent of these standards is to prevent garages and blank walls from being the dominant visual feature on the front of the structure.

4. Standards That Apply in the RM-15C District.

a) At least 50% of front and side exteriors (excluding the area of doors or windows) must be comprised of natural brick, stone, wood siding, or other natural materials (excluding plywood or concrete block).

b) The roof line of each dwelling unit must be distinct through either a separation of roof pitches (minimum difference of at least 5°), a difference in roof direction, a difference in roof height (minimum of two vertical feet), or a combination of methods.

c) The front facade of each attached unit must be distinct through either the use of different facade materials, staggered building lines (minimum of two feet), an identifiable permanent architectural design element such as a chimney, pilaster or column (excluding gutter spouts or siding trim), or a combination of methods.

d) Garage door areas may not comprise more than 40% of the width of the street-facing facade of the structure containing the attached housing units. The maximum continuous, uninterrupted length of a garage door (or combination of smaller, one-car garage doors) along the street-facing facade may not exceed 25 feet in width. A minimum separation of six feet is required between such expanses of garage doors. All garage doors must be recessed at least five feet from the front building plane. The intent of these standards is to prevent garages and blank walls from being the dominant visual feature on the front of the structure.

e) For all dwelling facades that face streets, all windows shall contain shutters on each side or other decorative window features.

[Added 3-19-2007 by Ord. No. 1822]

E. Brewpub, Sit Down Restaurant, Tavern or Lounge. In the CN-1 district, a brewpub, sit down restaurant, tavern or lounge may not exceed occupancy load of 100 persons per floor (not including outdoor seating, which is allowed provided that a minimum pedestrian clear space of four feet is maintained along all public walkways at all times and provided that all trash receptacles related to such outdoor seating area are emptied and moved to a secure area off the public walkways after business hours).

F. Car Wash. All car wash facilities shall comply with the following conditions:

1. A car wash facility is prohibited at the intersection of two arterial streets, unless it is located in a center occupying at least two acres and containing other commercial establishments occupying at least 12,000 square feet gross floor area.

2. The car wash facility, including all driveways, entrances, parking areas, and appurtenant structures, shall be set back a minimum of 10 feet from any adjacent street. The entire 10 foot setback shall be landscaped pursuant to § 6.2.H.2: Buffer Area Landscaping Between Land Uses.

3. The car wash facility, including all driveways, entrances, parking areas, and appurtenant structures, shall be set back a minimum of 20 feet from the boundary of any residential zone district, and from any property with a current residential use. In addition, where the car wash facility is located adjacent to a residential zone district or any property in current residential use, a six foot high opaque wall shall be erected and maintained along such boundary. Such wall shall comply with all applicable requirements for walls in § 6.3: Screening and Fences.

4. To enhance appearance from the street, and to reduce noise impacts on properties sharing a rear lot line with the property, wash bays shall be sited parallel to the adjacent street as illustrated below.

Figure 4-2: Car Wash Bays Parallel to Street

5. A hard surfaced driveway of one or more lanes shall be constructed on the property to provide for continuous movement of vehicles into the wash tack or wash bay.

6. The car wash facility shall comply with all applicable requirements for parking and stacking spaces contained in § 6.1: Off-Street Parking and Loading.

7. The car wash facility shall comply with those Operational Performance Standards related to noise set forth in § 6.6.B: Noise.

G. Cluster Housing Developments.

1. Purpose. The cluster housing standards of this section have several potential public benefits. They:

a) Provide flexible development options where the standard rectilinear lot pattern is not practical because of physical constraints;

b) Promote the preservation of open and natural areas;

c) Allow for common open areas within a development project while still achieving the density of the underlying district; and

d) Support reductions in development costs.

2. Approval Procedure. Cluster housing developments are allowed by-right. Review for compliance with applicable regulations will occur as part of the land division review process or site condominium process.

3. Density. The overall development may not exceed the maximum density allowed by the underlying district or the maximum density that could be achieved through a conventional subdivision (where all lots comply with minimum lot area and width standards). The City Planner is authorized to require that the developer prepare a density yield analysis comparing the number of dwelling units that could be developed under a conventional subdivision with the number that could be prepared under a cluster housing development.

4. Lot Size. There is no minimum lot size (area or width) requirement for cluster housing developments. Lot sizes must be adequate to meet all applicable standards of this Ordinance.

5. Housing Types.

a) Attached and detached houses are the only type of housing allowed in a cluster housing development. The proposed building envelope for all houses must be shown on the site plan with enough detail so that compliance with required density and dimensional standards can be determined.

b) The number of attached houses that may be attached by a common wall is limited as follows:

Zone District	Maximum Number of Attached Units
RS-4, RS-5 and RS-7	Maximum 4 units attached by a common wall
RD-8 and RD-19	Maximum 6 units attached by a common wall
RM	Maximum 8 units attached by a common wall

6. Setbacks.

a) A setback equal to the minimum street front of the underlying district must be provided along the entire perimeter of the cluster housing development that is adjacent to any street or right-of-way.

b) A setback equal to the minimum rear setback of the underlying district must be provided along the entire perimeter of the cluster housing development that is adjacent to any street or right-of-way.

c) Within the development, the distance between detached houses must be at least 10 feet.

d) These required front and side yard setbacks may not be counted as open space for the purpose of meeting the minimum open space standards for cluster housing developments.

7. Building Coverage. The building coverage standards of the underlying district do not apply to each individual lot, but the total building coverage of all lots (in aggregate) may not exceed the maximum building coverage standard of the underlying district.

8. Designated Open Space.

a) At least 50% of the gross land area within a cluster housing development must be preserved as open space.

b) Open space may include active or passive recreation areas for residents or conservation areas for natural resources such as wetlands, steep slopes, floodplains, and woodlands.

c) All of the required open space must be set aside through conveyance or other means as is approved as to form by the City Attorney, such as:

1) Recorded deed restrictions.

2) Covenants that run perpetually with the land.

3) A conservation easement.

4) Land trusts.

d) Such conveyance or other means must assure that the designated open space will be protected from all forms of development, except as shown on the approved site plan, and may not be changed to another use without express, prior approval by the decision-making body that approved it. Such conveyance or other means must also:

1) Indicate the proposed allowable use of the designated open space.

2) Require that the designated open space be maintained by parties who have an ownership interest in the designated open space.

3) Provide standards for scheduled maintenance of the designated open space.

4) Provide for maintenance to be undertaken by the City in the event that the dedicated open space is inadequately maintained, or is determined by the City to be a public nuisance, with the assessment of costs upon the property owners within the cluster.

H. Community Service Center, Cultural Exhibits, Libraries, and Museums; Neighborhood Centers; Religious Assembly. In the RS-4, RS-5, RS-6, RD-8, and RD-19 districts, (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 500 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 50,000 square feet of gross floor area. In the RM-15, RM-15C, RM-24, RM-36, and RMU districts (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 1,000 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 100,000 square feet of gross floor area. All facilities shall comply with the Operational Performance Standards for noise set forth in § 6.6.B: Noise

I. Convenience Stores; Fire, Insurance, and Real Estate; Food Sales (Grocery); Personal Convenience Services; Personal Improvement Services.

[Amended 6-2-2014 by Ord. No. 1922]

1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.

2. A convenience store which sells packaged alcoholic beverages for consumption off the premises or a package liquor store shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment without vehicle service or repair, when those uses sell packaged alcoholic beverages for consumption off the premises

c) Within 2,640 feet of another package liquor store.

J. Day-care center (Commercial or Institutional).

1. If such use is required to be licensed by the State of Michigan, a valid license shall be in effect at all times that the use is in operation.

2. In the M-1 and M-2 Districts, day-care centers are allowed only when developed as an accessory use to a permitted use. Such accessory shall occupy not more than 25% of the gross floor area of the principal building, or shall be located in a freestanding building in a mixed use development.

3. At least one outdoor play area shall be provided, consisting of at least one 100 square feet for each child in the average daily attendance and enclosed by a fence of at least three feet six inches in height.

K. Day Care Homes (Group and Family).

1. If such use is required to be licensed by the State of Michigan, a valid license shall be in effect at all times that the use is in operation.

2. If a Group Day Care Home is proposed for property in a residential district after October 18, 2005, then:

a) The structure in which it is located shall be similar in appearance to the character of the neighborhood in terms of architectural style, predominant building materials, building mass and height, and setbacks; and

b) At least one outdoor play area shall be provided, consisting of at least 100 square feet for each child in the average daily attendance and enclosed by a fence of at least three feet and six inches in height.

c) All the development standards of this Ordinance shall be met, and the use shall be located on property that fronts a collector or arterial street.

L. Detached Dwelling. In RM-15C District, at least 50% of front and side exteriors (excluding the area of doors or windows) must be comprised of natural brick, stone, wood siding, or other natural materials (excluding plywood or concrete block).

M. Fast-Order Food. Outdoor seating is allowed provided that a minimum pedestrian clear space of four feet is maintained along all public walkways at all times and provided that all trash receptacles related to such outdoor seating area are emptied and moved to a secure area off the public walkways after business hours).

N. Gasoline and Fuel Sales (Without Vehicle Service or Repair).

1. Fuel pumps, pump islands, detached canopies, compressed air connections, and similar equipment shall be set back a minimum of 15 feet from any street right-of-way, and a minimum of 20 feet from all property lines abutting a residential zoning district, use, or property.

2. The principal service station building and any accessory structures, except for fuel pumps, pump islands, detached canopies, compressed air connections, and similar equipment, shall be set back a minimum of 40 feet from all street rights-of-way and from all property lines abutting a residential zoning district or a parcel containing residential uses.

3. When gasoline and fuel sales abuts a residential zoning district, or a property in actual residential use, buffering between such uses shall be provided as set forth in § 6.2H.2.b, Option B, and all trees and shrubbery shall be planted on that portion of the buffer located between the wall and the residential property.

4. Outdoor display of merchandise shall be limited to only the display of automotive fluids and new tires sold and/or installed on the premises.

5. A single-bay car wash is allowed as an accessory use to a permitted service station subject to the following development and design standards:

a) To the maximum extent practicable, the entrance to the car wash bay shall be sited so as not to be visible from the lot's primary street frontage;

b) The car wash bay shall be limited in size to accommodate a single vehicle at a time;

c) The car wash bay shall be located outside of all required setback and buffer areas;

d) In addition to any other off-street parking requirements or vehicle stacking requirements, the subject property shall contain adequate space to allow a minimum of three cars to stack in a line for car wash services without using or obstructing any portion of an adjacent public sidewalk or right-of-way; and

e) Where the use abuts a residential zoning district or a parcel containing residential uses, the hours of operation for the car wash shall be limited to between 7:00 a.m. and 8:00 p.m.

6. A canopy over the fuel pumps may be erected subject to the following standards:

a) The canopy may be either attached or detached from the principal building.

b) The height of the canopy from the ground to the underside of the canopy shall not exceed 18 feet.

c) The canopy structure shall comply with all minimum building setback standards applicable to the principal structure.

d) The canopy structure shall not be enclosed.

e) The canopy shall utilize the same architectural and design treatment, including materials and colors, as the principal building.

f) All lighting on the underside of the canopy shall be recessed. A maximum of 25% of each canopy facade area visible from a public street may be internally illuminated. No portion of any canopy facade area may be externally illuminated. Each side of a fuel pump canopy shall be considered a separate facade area.

7. All such uses shall comply with all other applicable requirements of this code, including without limitation § 6.1C.3: Stacking Spaces, § 6.1H: Restrictions on Parking Areas in Nonresidential Districts, § 6.2; Landscaping and Open Spaces, § 6.3: Screening and Fencing, § 6.4: Lighting, and § 6.6: Operational Performance Standards.

8. Any such use which sells packaged alcoholic beverages for consumption off the premises shall not be located:

[Added 6-2-2014 by Ord. No. 1922]

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of:

1) A gasoline and fuel sales establishment, without vehicle service or repair, which sells packaged alcoholic beverages;

2) A convenience store which sells packaged alcoholic beverages for consumption off the premises; or

3) A package liquor store.

O. Gasoline and Fuel Sales (With Vehicle Service or Repair). All uses in this category shall comply with those requirements in Subsection N above, and in addition shall comply with the following requirements.

1. Hydraulic hoists, pits, and all lubrications, greasing, automobile washing, or repairing equipment shall be entirely enclosed within a building. When any such building or portion of a building faces, abuts, or is adjacent to residentially zoned property, the closest, adjacent building wall or face shall consist of a solid wall with no openings other than those required by applicable building codes.

2. All minor repair work, vehicle washing, lubrication, and installation of parts and accessories shall be wholly performed within an enclosed building or structure.

3. All vehicle parts, dismantled vehicles, and similar materials, and all discarded materials such as tires, cans, and drums, shall be stored within an enclosed building, or shall be screened from view by complying with the requirements in § 6.2H.2: Buffer Area Landscaping Between Land Uses.

4. All vehicles awaiting repair shall be stored on site in approved parking spaces and under no circumstances shall such vehicles be stored on or obstruct access to a public right-of-way.

P. Light Equipment Sales/Rental.

1. In the CCBD, M-1, and M-2 districts, the lot area for outdoor sales must be provided with a concrete or asphalt surface and must be graded and drained to dispose of all water accumulated within the area.

[Amended 3-19-2007 by Ord. No. 1822; 6-6-2022 by Ord. No. 2049]

2. Vehicle or equipment displays shall not be located within a required setback or buffer area, or on top of any building.

3. A suitable building of a permanent nature shall be erected, having at least 200 square feet of gross floor area, constructed of wood, masonry, or other approved building material, set on proper foundation; except that frame and all metal buildings less than 200 square feet of gross floor area may be erected as outlined in the Building Code.

4. Accessory service facilities shall be permitted as an accessory use; however, in the event of cessation of motor vehicle sales, said accessory uses may not continue except upon issuance of a permit for said uses as the principal use of the land.

5. If any portion of a storage lot accessory to a salesroom or sales lot for new or used motor vehicles is designed or used for the storage of inoperable vehicles, such use shall comply with all requirements of § 4.2.Y, Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities, and such use shall cease upon the termination of the salesroom or sales lot to which it is accessory.

[Amended 3-19-2007 by Ord. No. 1822]

6. If any portion of a storage lot accessory to a salesroom or sales lot for new or used motor vehicles is designed or used for storage of commercial vehicles or semi-trucks, such portion of the storage lot shall be located a minimum of 25 feet from (a) any adjacent properties used for residential purposes, and (b) any property located across an alley and used for residential purposes.

7. The premises shall be screened by a six foot high opaque wall or fence along any lot boundary adjacent to, or across any alley from, land in a residential zone district, or from land in actual use for residential purposes. Any wall or fence erected shall meet the requirements of § 6.3: Screening and Fencing.

8. All such uses shall comply with all other applicable requirements of this code, including without limitation § 6.1H: Restrictions on Parking Areas in Nonresidential Districts, § 6.2: Landscaping and Open Spaces, § 6.3: Screening and Fences, § 6.4: Lighting, and § 6.6, Operational Performance Standards.

Q. Multi-Unit Residential.

1. Generally Applicable Standards.

a) Site Layout. To the greatest degree practicable, multifamily residential structures shall be located so that:

1) Common open space amenities are located between buildings and are visible from residences within the development and from circulation routes within the development; and

2) Garage doors, carports, and parking garages are not located between a multifamily building and a required street frontage, but are instead internalized within building groups so as not to be directly visible from the street frontage.

b) Facades.

1) Length. The length of any multifamily primary residential building shall not exceed 200 feet.

2) Articulation of Townhouse Facades. No more than eight townhouse units may be attached in any single row or building group. Each group of attached adjacent townhouses shall be separated from the next group by a walkway leading from the street in front of the townhome or to an alley, public street, or common access area behind the group of townhouses. The facades of a primary structure containing townhouse units shall be articulated to differentiate the individual units.

3) Articulation of Facades Other Than Townhouses. At least three of the following design features shall be provided for visual relief along all facades of each primary multifamily building; roof dormers; gables; recessed entries; covered porches; cupolas; pillars, pilasters or posts; bay windows (minimum twelve-inch projection); eaves (minimum six-inch projection) or a parapet wall with an articulated design (decorative cornice, etc.); multiple windows with minimum four-inch trim; or recesses/shadow lines.

4) Four-Sided Design. A primary building's special architectural features and treatments shall not be limited to a single facade. All sides of a building open to view by the public, whether viewed from public or private property, shall display a similar level of quality and architectural interest.

5) Windows. All elevations shall contain windows, and the area of such windows shall equal at least 20% of the total wall area on the facade where the windows are located.

6) Materials. At least 50% of the surface of exterior walls, excluding areas for windows, doors, and other similar openings, shall be of brick, decorative precast, or a decorative masonry surface, concrete siding, or natural materials such as wood.

[Amended 3-19-2007 by Ord. No. 1822]

c) Roof Design.

1) Rooflines longer than 100 horizontal feet shall include at least one vertical elevation change of at least two feet.

2) All sloped roofs shall have a minimum slope of 4:12, and shall have overhanging eaves of at least one foot.

3) Roofs of clay or concrete tiles, slate, Masonite, or heavy duty/hail resistant dimensional composition are preferred to convention asphalt (3-tab) roofs. All composition shingle roofing shall be constructed using high profile, textured shingles.

4) Rooftop mechanical equipment and appurtenances shall be screened so that they are not visible from any location within 200 feet of the building when viewed from five feet above grade level. Screening enclosures shall be composed of one or more predominant materials used in the facades of the primary structure and one of the predominant colors used in the primary structure.

d) Garages and Carports.

1) All accessory carport structures shall be constructed of materials compatible with the principal structure on the lot, and shall not be constructed from salvage doors, corrugated or sheet metal, vinyl, canvas, nondurable materials, or other prohibited materials as designated by the City.

2) Detached garages and carports shall have pitched roofs with a minimum slope of 4:12.

3) No more than six garage doors may appear on any multifamily primary building elevation containing entry doors. No more than four garage doors may be grouped together without an intervening wall surface of at least 20 linear feet (measured horizontally).

e) Sidewalks. Sidewalks at least four feet wide shall be required along all public streets adjacent to a development site. Required sidewalks shall be separated from the street by a curb lawn at least five feet wide; provided, however, that if the predominant width of existing curb lawns on adjacent blocks is less than five feet, then curb lawns along the proposed development may match that predominant width.

f) Walkways. Every primary residential structure shall have a paved walkway at least four feet wide connecting the primary building entrance (in most cases the front door) to the sidewalk system or parking area. In the case of multifamily or attached dwellings, a common walkway may be used to satisfy this requirement so long as it provides a direct and convenient route to every residence served.

2. Additional Standards for the RM-15C District. The following standards shall apply to multifamily development in the RM-15C district. In the event of any inconsistency between these standards and other standards in § 4.2.Q: Multi-Unit Residential, these standards shall govern.

a) At least 50% or more of front and side exteriors (excluding the area of doors or windows) must be comprised of natural brick, stone, wood siding, decorative pre-cast, decorative masonry, or other natural materials (excluding plywood or concrete block).

b) For every two dwelling units the building is wide, the roof line must be distinct through either a separation of roof pitches (minimum difference of at least 5°), a difference in roof direction, a difference in roof height (minimum of two vertical feet), or a combination of methods.

c) For every two dwelling units the building is wide, the front facade must be distinct through either the use of different facade materials, staggered building lines (minimum of two feet), an identifiable permanent architectural design element such as a chimney, pilaster or column (excluding gutter spouts or siding trim), or a combination of methods.

d) For all dwelling facades that face streets, all windows shall contain shutters on each side or other decorative window features.

[Added 3-19-2007 by Ord. No. 1822]

3. Additional Requirements for CMU, CN-1, CO, and CN-2 Districts. Dwelling units are allowed in the CMU, CN-1, CO, and CN-2 districts only when part of a mixed-use project and only when located above the ground floor of buildings containing retail or other commercial floor space on the ground floor.

[Amended 6-6-2022 by Ord. No. 2049]

4. Multifamily Dwelling Design Standards.

a) Application. The standards set forth in § 6.5.A shall apply to all construction of multifamily dwellings (a) in any zone district where such multifamily dwellings are a permitted or special use, and (b) in all PUD-O Districts where multifamily dwellings are permitted, unless explicitly modified by the terms of the PUD-O zone district or related plans approved by the City. In addition, such developments shall comply with all other applicable requirements of this Ordinance.

b) (Reserved)[2]

[2] Editor's Note: Former Subsection Q4(b), Distance and Height Requirements, as amended 3-19-2007 by Ord. No. 1822, was repealed 1-29-2019 by Ord. No. 1978.

c) (Reserved)[3]

[3] Editor's Note: Former Subsection Q4(c), Impermeable Space Limitation, as amended 3-19-2007 by Ord. No. 1822, was repealed 1-29-2019 by Ord. No. 1978.

d) Off-Street Parking Requirements. In addition to complying with the off-street parking requirements in § 6.1: Off-Street Parking and Loading, all driveways, service areas and open parking areas abutting property located in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone district shall not be located closer than 10 feet to any property line except where driveways enter or exit the site, nor closer than five feet to any property line for abutting properties in any other zoning district.

[Amended 3-19-2007 by Ord. No. 1822]

e) Utilities. All public utilities shall be placed underground.

f) Accessory Structures and Uses. Only the following types of accessory structures shall be permitted in connection with a multifamily residential development, and all permitted accessory structures shall meet the standards set forth in Subsection b) below.

1) Permitted accessory structures and uses:

(a) Community buildings;

(b) Pools;

(c) Tennis courts;

(d) Garages and carports;

(e) Storage structures; and

(f) Similar recreational and accessory structures and uses.

2) Height and Location. Accessory buildings shall not exceed 16 feet in height. Accessory structures and uses, except garages and carports, shall be located at least 25 feet from all property lines that abut property in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone district. Where a property line abuts property located in any zone district other than those listed in the preceding sentence, garages and carports may be located three feet from the property line. A carport must have a wall at least four feet high on the side facing the property line if it is located within 10 feet of the property line where the property line abuts property located in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone district. Garages and carport walls shall be considered as providing the required screening. Garages and carports shall not exceed 112 feet in length.

Figure 4-3: Multifamily Site Design

R. Parking, Commercial.

1. Commercial parking lots are limited to the parking of operable private passenger vehicles. All such vehicles shall bear current and valid license plates.

2. No parking lot or parking area may be used as a towing service storage yard.

3. Commercial parking lots shall not be used as sites for vending of any kind.

4. Commercial parking lots shall comply with all standards and requirements applicable to accessory parking lots, as set forth in § 6.1: Off-Street Parking and Loading, except for the requirements of Subsection C: Minimum Amounts of Off-Street Parking Required and Subsection G: Location of Parking Facilities.

5. Commercial parking lots shall comply with all requirements of § 6.2 Landscaping and Open Space, applicable to parking areas.

S. Retail Sales and Services (Indoor).

1. CMU and CN-1 Districts. In the CMU and CN-1 districts, the gross floor area of retail sales and services (indoor) may not exceed 3,500 square feet.

2. RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O Districts. In the RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O districts, retail sales (a) shall only be permitted in structures that are more than 50 years old and that contain more than 3,500 square feet of gross floor area, and (b) shall be limited to sales of finished pieces of art or crafts.

T. Retail Sales and Services (Outdoor).

1. Retail sales and services (outdoor) shall be located on the same private property containing the primary use unless an encroachment permit has been obtained from the City to allow use of public right-of-way.

2. In the R districts, outdoor cafes shall not operate after 9:00 p.m.

3. In the R districts, outdoor sales of items, including but not limited to fruits, flowers, and vegetables raised on the property, shall be limited to no more than 10% or 500 square feet of the front yard area of the property, whichever is less.

[Added 3-19-2007 by Ord. No. 1822]

U. Roominghouse/Boardinghouse. In CN-1, CO, CN-2, and CCBD districts, roominghouses and boardinghouses must be located at least 1,500 feet from any other roominghouse or boardinghouse with seven or more residents. Any facility required to be licensed by the State of Michigan shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

[Amended 3-19-2007 by Ord. No. 1822; 6-6-2022 by Ord. No. 2049]

V. Tearoom/Cafe. In the RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O districts, tearooms and cafes (a) shall only be permitted in structures that are more than 50 years old and that contain more than 3,500 square feet of gross floor area, and (b) shall be limited to a maximum of 10 tables for customer use, and (c) shall only operate between the hours of 10:00 am and 9:00 pm. Outdoor seating shall not continue past 9:00 p.m.

W. Telecommunications Facilities.

1. Purpose. The purpose of these regulations is to regulate the placement, construction, and modification of transmission towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Kalamazoo. The specific purposes are as follows:

a) To regulate the location of transmission towers and telecommunications facilities in the City;

b) To protect residential areas and land uses from potential adverse impact of transmission towers and telecommunications facilities;

c) To minimize adverse visual impact of transmission towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;

d) To promote and encourage shared use/collocation of transmission towers and antenna support structures as a primary option rather than construction of additional single-use transmission towers;

e) To avoid potential damage to property caused by transmission towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound; and

f) To ensure that transmission towers and telecommunications facilities are compatible with surrounding land uses.

g) Nothing in this section applies to amateur radio antennas, or facilities, used exclusively for the transmission of television or radio signals.

2. Siting; Permitted and Special Uses. No telecommunication facility or transmission tower may be constructed, modified to increase its height, installed or otherwise located within the City except as provided in this section. Depending on the type and location of the telecommunication facility, the telecommunication facility will be either a permitted use, subject to building review procedures, or a special use.

a) No special use permit is required for a telecommunication facility or transmission tower that is allowed as a permitted use pursuant to § 4.2W.3: Collocation on Existing Towers, § 4.2W.4: Collocation on Other Structures, and § 4.2W.5: Construction of New Transmission Towers. Such telecommunication facilities will require site plan review and any permits required by the Kalamazoo City Code.

b) A telecommunication facility or transmission tower that, pursuant to § 4.2W.3: Collocation on Existing Towers, § 4.2W.4: Collocation on Other Structures, and § 4.2W.5: Construction of New Transmission Towers, requires a special use permit, must be processed in accordance with § 8.3D: Special Use Permit and in accordance with established administrative policies, including review by appropriate City of Kalamazoo advisory boards. No permits may be issued prior to completion of the special use permit and site plan process, including any appeals.

3. Collocation on Existing Towers.

a) Collocation of an additional antenna on an existing transmission tower will be considered a permitted use in any M-1, M-2, CCBD, CO, CBTR, CN-1, CN-2, CMU, P or IC district, or if the transmission tower is in any other zoning district, and the City specifically approved, as part of a special use permit process authorizing the transmission tower, collocation of additional antennas.

[Amended 6-6-2022 by Ord. No. 2049]

b) Collocation of an additional antenna on an existing transmission tower requires a special use permit in any RS, RD, RM, RMU, RMHP or CNO district if approval for collocation was not granted through a prior special use permit process.

4. Collocation on Other Structures.

a) In addition to collocation on an existing transmission tower, an antenna may be collocated on existing buildings, light poles, utility poles, and water towers.

b) Such collocation on a building, light pole, utility pole, or water tower, will be considered a permitted use provided that the antennas and ancillary facilities comply with all applicable building codes, the color of the antennas blends in with the existing structure and surroundings, the antennas do not exceed the height limitation of the zoning district, and the property is located in any M-1, M-2, CCBD, CO, CBTR, CN-1, CN-2, CNU, P or IC district.

[Amended 6-6-2022 by Ord. No. 2049]

c) Such collocation on a building, light pole, utility pole, or water tower requires a special use permit in any RS, RD, RM, RMU, RMHP, or CNO district. Said antenna(s) may not exceed the building height allowed in the district, or 18 feet above the structure, whichever is less. Said antenna(s) may project no more than two feet away from the existing structure, and the color of the antenna(s) must blend in with the existing structure and surroundings.

5. Construction of New Transmission Towers. Construction of a transmission tower or a modification of an existing transmission tower to increase its height will be allowed as follows:

a) Such construction or modification is considered a permitted use in M-1 and M-2.

b) Such construction requires a special use permit in any CCBD, CO, CN-1, CN-2, CMU, P or IC district. Such construction also requires a special use permit in any RS, RD, RM, RMHP, CNO or IC district, but only in the following locations:

[Amended 6-6-2022 by Ord. No. 2049]

1) Religious assembly, but only when designed as a steeple, bell tower, or similar accessory structure compatible with the principal use on the property.

2) Parks.

3) Government, public utility, or public school sites.

c) Such construction shall be prohibited in the CBTR district.

d) Any new transmission tower must be built, constructed, or erected with the capability of supporting a minimum of two other telecommunication facilities, comparable in weight, size, and surface area to the applicant's facilities, pursuant to § 4.2W.7.c: Standards for Transmission Towers and Antennas.

6. Application Requirements. Application requirements shall be set forth by the City Planner and may be modified from time to time as necessary. If a special use permit is required, the application requirements shall also include all materials required for a special use permit pursuant to § 8.3D: Special Use Permit.

7. Standards for Transmission Towers and Antennas. Installation, construction or modification of all transmission towers and antennas must comply with the following standards, unless a waiver is obtained pursuant to the provisions of § 4.2W.9: Waiver.

a) No transmission tower may be constructed within one-mile of any existing transmission tower. Tower separation must be measured by following a straight line from the portion of the base of the proposed transmission tower that is closest to the base of any preexisting transmission tower. For purposes of this paragraph, an existing tower includes any transmission tower for which the City has issued a building permit, or for which an application has been filed and not denied. Transmission towers constructed or approved prior to August 1, 1997, may be modified to accommodate additional providers consistent with provisions for collocation in this section.

b) Transmission tower and antenna heights are governed by this section except as provided for below:

1) If located within any M-1 or M-2 district, the height limitation for that zoning district applies.

2) If located within any CO, CN-1, CN-2, CMU, P or IC district, the maximum height of a transmission tower, including antennas, is 100 feet, unless a waiver is granted pursuant to the provisions of § 4.2W.9: Waiver.

[Amended 6-6-2022 by Ord. No. 2049]

3) If located within any RS, RD, RM, RMHP, RMU, CNO or IC district, the maximum height of a transmission tower, including antennas, is 75 feet, unless a waiver is granted pursuant to the provisions of § 4.2W.9: Waiver.

c) New transmission towers must be designed to accommodate collocation of additional providers:

1) New transmission towers of a height of 100 feet or more must be designed to accommodate collocation of a minimum of two additional providers either outright or through future modification to the transmission tower.

2) New transmission towers of a height of at least 60 feet and no more than 100 feet must be designed to accommodate collocation of a minimum of one additional provider either outright or through future modification to the transmission tower.

d) The following setbacks from adjacent property lines and adjacent streets are required unless a waiver is granted pursuant to the provisions of § 4.2W.9: Waiver:

1) If located within any RS, RD, RM, RMHP, RMU, CNO or IC district, the transmission tower must be set back from adjacent property lines a minimum number of feet that is equal to the height of the transmission tower.

2) If the transmission tower is located on a parcel in any nonresidential zoning district that abuts residentially zoned property, the transmission tower must be set back from the adjacent residentially zoned property line a minimum number of feet that is equal to the height of the transmission tower.

3) In any RS, RD, RM, RMHP, RMU, CNO or IC district, transmission towers must be set back from adjacent public streets a minimum number of feet that is equal to the height of the transmission tower. In all other zoning districts, the setback from adjacent public streets must be a minimum of 25 feet.

e) In all zoning districts, existing vegetation must be preserved to the maximum extent possible. In all zoning districts, landscaping must be placed completely around the transmission tower and ancillary facilities located at ground level except as required to access the facility. Such landscaping must consist of evergreen vegetation with a minimum planted height of six feet placed densely so as to form a screen. Landscaping must be compatible with other nearby landscaping and must be kept healthy and well maintained. Landscaping must be installed on the outside of any fencing.

f) In any CN-1, CN-2, RS, RD, RM, RMHP, RMU, or CNO district and in all other zoning districts when the adjacent property is zoned residentially or occupied by a dwelling, hospital, school, library, or nursing home, noise generating equipment must be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 45 dBa. In all other locations, noise must be regulated by applicable City ordinances.

g) Transmission towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential uses located within a distance that is 300% of the height of the transmission tower from the transmission tower, and when required by federal law, dual mode lighting must be requested from the FAA.

h) The transmission tower and attached antennas must be unpainted galvanized steel or painted neutral colors or such shades as are appropriate and compatible with the surrounding environment, as approved by the City.

i) No signs, striping, graphics or other attention getting devices are permitted on the transmission tower or ancillary facilities except for warning and safety signage with a surface area of no more than three square feet. Such signage must be affixed to a fence or ancillary facility and the number of signs is limited to no more than two.

8. Standards for Ancillary Facilities to a Transmission Tower. All ancillary facilities must comply with the standards of Subsections (e) and (f) of § 4.2W.7: Standards for Transmission Towers and Antennas. In addition, all ancillary facilities within any RS, RD, RM, CNO or IC district must be located underground to the maximum extent technology allows, unless a waiver is obtained pursuant to the provisions of § 4.2W.9: Waiver. This underground restriction does not apply within other zoning districts.

9. Waiver.

a) Any waiver to the requirements of this section may be granted only pursuant to the following provisions. The criteria for granting a waiver are as set forth in this section only, and may not include the criteria in § 8.3D: Special Use Permit.

b) The City may grant a waiver from the provisions of § 4.2W.7: Standards for Transmission Towers and Antennas, provided the applicant demonstrates that:

1) It is technologically impossible to locate the proposed transmission tower on available sites more than one-mile from a preexisting transmission tower and still provide the approximate coverage the transmission tower is intended to provide;

2) The preexisting transmission tower that is within one mile of the proposed transmission tower cannot be modified to accommodate another provider; and

3) There are no available buildings, light or utility poles, or water towers on which antennas may be located and still provide the approximate coverage the transmission tower is intended to provide.

4) The City may grant a waiver to the setback and undergrounding requirements of Subsection (d) of § 4.2W.7: Standards for Transmission Towers and Antennas or § 4.2.W8: Standards for Ancillary Facilities to a Transmission Tower, upon finding that stealth design, proposed landscaping, configuration of the site, or the presence of mature trees obviates the need for compliance.

5) The City may grant a waiver to the one-hundred-foot height limitation in any CO, CN-2, CN-1, or CMU district, or to the seventy-five-foot height limitation in any RS, RD, RM, RMU, CNO, or IC district if the applicant shows, through written documentation provided by an engineer, that the proposed height is the minimum height needed to meet service needs and to accommodate future collocations per Subsection (c) of § 4.2W.7: Standards for Transmission Towers and Antennas.

[Amended 6-6-2022 by Ord. No. 2049]

6) If the proposed transmission tower, ancillary facility or other telecommunication facilities require a special use permit, the request for waiver must be considered as part of the special use permit process. If the proposed transmission tower, ancillary facility or other telecommunication facilities are a permitted use, the request for a waiver must be decided by the City Planner and must be based on the criteria in this section.

10. Removal of Facilities.

a) All transmission towers, antennas, transmission tower substructures and ancillary facilities must be removed within six months of the time that the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices. The owner and operator of the tower, antenna, substructure or facility and the real property owner upon which the tower, antenna, substructure or facility is located are responsible for removing such facilities. The site must be restored with appropriate landscaping to its pre-transmission tower appearance. The City Planner may grant one six-month extension where a written request has been filed, within the initial six month period, to reuse the transmission tower or antennas.

b) The City may require the posting of an open-ended bond or accept some other performance guarantee suitable to the City before building permit issuance to insure removal of the transmission tower, substructure or antennas after the facility no longer is being used.

11. Fees. Notwithstanding any other provision of this code, the City Planner may require, as part of application fees for building or special use permits for telecommunication facilities, an amount sufficient to recover all of the City's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunications expertise. This amount of this fee shall be set by City Commission resolution.

X. Transitional Residence. In the CN-2 and CCBD districts, transitional residences must be located at least 1,500 feet from any other transitional residence, adult foster-care group home, and any other adult foster-care facility with seven or more residents. Any facility required to be licensed by the State of Michigan shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

[Amended 6-6-2022 by Ord. No. 2049]

Y. Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities. Wrecking and towing services, scrap and salvage yards and storage areas for one or more impounded, damaged or inoperable vehicles (whether licensed or unlicensed) for a period of more than 24 hours, and recycling facilities, must comply with the following standards:

[Amended 3-19-2007 by Ord. No. 1822]

1. The development must contain a minimum of two acres.

2. The use must be completely screened from view of public rights-of-way and adjacent properties by a vertical wall or fence (and associated gates and doors) with a uniform height of no less than eight feet and a maximum height of not more than 12 feet. The wall or fence must be plumbed vertically and squared and constructed of masonry material with natural or painted finish, wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence must resist the exterior wall wind loads prescribed in Chapter 9, Building Regulations, Code of Ordinances of Kalamazoo. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer. Gates must be constructed of materials as prescribed for the nonmasonry walls or fences. Gates must be supported so as to maintain level and plumb when closed.

3. Walls or fences and gates and doors must be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of six feet from property lines abutting public rights-of-way. Gates and doors may not extend into the public right-of-way and must be closed when the facility is not in use or operation. The area outside of the walls or fences, on the property of the establishment, must be covered with grass or ground cover and kept in reasonable and safe condition.

4. Notwithstanding the other standards and requirements of this section, wrecking and towing services, scrap and salvage yards and storage areas in existence on November 18, 1996:

a) That are less than two acres in area do not need to acquire additional area.

b) That have any walls or fences that are in full compliance with the standards in this subsection, but that are not set back a minimum of six feet from the property line, are not required to comply until they are replaced or substantially repaired.

Z. Wind Energy Units.

[Added 9-20-2010 by Ord. No. 1872]

1. General.

a) Building-mounted wind energy units shall be permitted in all zoning districts. Approval of a site plan is required for such units, except in the RS and RD zones.

b) Small, freestanding wind energy units that are not the primary use on a parcel shall be permitted in all zoning districts except the CCBD zone. Approval of a site plan is required for such units, except in the RS and RD zones.

c) Large and multiple freestanding wind energy units that are not the primary use on a parcel shall be permitted in all zoning districts except the RS, RD, and CCBD zones. Approval of a site plan is required for such units.

d) Freestanding wind energy units that are the primary use on a parcel shall be permitted in all zoning districts except the RS, RD, and CCBD zones, but a special use permit is required from the Planning Commission. Approval of a site plan is also required for such units.

e) In all zoning districts, freestanding wind energy units shall be set back from all property lines a distance equal to at least the height of the unit as measured from the ground level to the top of the monopole or rotor blade in the vertical position, whichever is higher.

2. Height and Location of Equipment.

a) Building-mounted wind energy units shall not exceed 10 feet in height above the highest portion of the roofline for buildings in the RS and RD zoning districts, and shall not exceed 20 feet in height above the highest portion of the roofline for buildings in all other zoning districts.

b) A maximum of one, building-mounted wind energy unit is allowed for every 900 square feet of the footprint for each building on a parcel.

c) Building-mounted wind energy units shall be placed on top of the building roof or attached to the side or rear of the building. Such units shall not be mounted on any building wall that faces a public street. No portion of the structure or blades of a wind energy unit shall project over the property lines of the parcel.

d) Small, freestanding wind energy units shall not exceed 60 feet in height as measured from the ground level to the top of the monopole or rotor blade in the vertical position, whichever is higher.

e) Large, freestanding wind energy units shall not exceed 200 feet in height as measured from the ground level to the top of the monopole or rotor blade in the vertical position, whichever is higher.

f) A maximum of one, freestanding wind energy unit is allowed for each parcel containing one acre or less, and a maximum of one, freestanding wind energy unit is allowed for each acre for parcels containing more than one acre.

g) Freestanding wind energy units on a parcel must be separated from each other by a distance equal to at least three times the maximum diameter of the blade rotation space of the unit or 100 feet, whichever is greater.

h) The minimum distance between the ground level and the tip of the rotor blade in the downward vertical position for freestanding wind energy units shall be 20 feet.

i) Freestanding wind energy units shall only be allowed in side and rear yards, and not within building setbacks. They shall not be allowed in front yards or front setbacks.

3. Design and Operation.

a) Freestanding wind energy units shall be monopole or tubular design only. They shall have nonreflective surfaces. Lattice-type units or units with guy wires are not permitted.

b) Building-mounted and freestanding wind energy units shall not contain lettering, advertisements, or commercial graphics. Information regarding the manufacturer and/or emergency contacts may be placed on the unit within a maximum one-square-foot area. Exterior lighting shall not be allowed except as required by the FAA.

c) Braking/feathering systems are required for all wind energy units to prevent high and potentially dangerous levels of rotation.

d) Electrical wiring between freestanding wind energy units and electrical storage or transfer equipment shall be placed underground when feasible.

e) Operation of all wind energy units shall comply with the City's noise and nuisance ordinance standards. All wind energy units shall be installed and shall operate such that no flicker effects occur on adjacent building windows or doors, roads, or public/private occupied areas. The City Planner may require a flicker effect study be completed for a proposed wind energy unit if deemed necessary.

f) A visual analysis shall be provided for all wind energy units that require site plan review. Such analyses shall show depictions of the proposed unit from four different vantage points, and shall be included as part of the site plan review process.

g) For all wind energy units, a written statement shall be submitted to the City indicating that the unit will not interfere with the local police/fire communications, or television/radio/cellular phone signaling.

4. Decommission Plan. A decommission plan is required for all freestanding wind energy units detailing the equipment removal process when the unit is no longer used. The equipment shall be removed within six (6) months of cessation of operation, unless an extension is granted by the City Planner. Such plans are required at the time of site plan review or building permit submittal.

5. Fees for review. The standard permit and review fees shall be applied to wind energy unit projects as applicable.[4]

[4] Editor's Note: Former Subsection AA, Marihuana Facilities, added 4-2-2018 by Ord. No. 1957, as amended, which immediately followed this subsection, was repealed 5-18-2020 by Ord. No. 2007.

§ 4.3 Accessory and Temporary Uses and Structures.

The standards of this section apply to all accessory and temporary uses and structures unless otherwise expressly stated.

A. Purpose. This section regulates uses and structures that are incidental to principal uses and buildings to prevent them from becoming the predominant element of the site. The standards provide for necessary access around structures, help maintain privacy to abutting lots, and maintain open front setbacks.

B. General Standards.

1. Subordinate to Principal Use. Accessory uses and structures must be subordinate to the principal use and structure on the subject lot in terms of area, extent and purpose.

2. Time of Establishment and Removal. Accessory structures must be constructed in conjunction with or after the principal building. They may not be built prior to the construction of the principal structure. No accessory use or structure may continue in use or operation after the principal primary structure or principal to which it is accessory has been removed or ceased operation, unless the accessory use is also listed as a permitted use in the zone district.

3. Compliance with District Standards. Unless otherwise expressly stated, the setback, height, and building coverage standards of the underlying district apply to both principal and accessory structures.

C. Building Coverage.

1. The combined footprint of all detached covered accessory buildings may not exceed 20% of the total area of the lot, unless a larger lot coverage is specifically permitted by another provision of this Ordinance.

2. A detached accessory building may not have a larger building footprint than the building footprint of the principal structure.

D. Location in Required Setbacks.

1. Accessory structures not more than 16 feet in height may be located in required rear setbacks if they do not occupy more than 33% of the actual rear yard area and are located at least three feet from any lot line. Preexisting, detached, conforming accessory structures located in rear yards shall not become nonconforming if the primary structure on the site is expanded causing any portion of the accessory structure to be in the side yard.

[Amended 3-19-2007 by Ord. No. 1822]

2. Trellises that provide entry into a property may be located in required front yard setbacks if they are no more than eight feet tall, eight feet wide, and eight feet deep, are not located in the public right-of-way, do not obscure or block vehicular traffic lines of sight, do not impede or block pedestrian circulation, and do not hinder access to the property by emergency services and equipment. One such trellis is allowed per pedestrian entrance into a property. When required by the Building Official, a building permit shall be obtained prior to the erection of a trellis.

[Amended 3-19-2007 by Ord. No. 1822]

3. Mechanical structures, such as heat pumps, air conditioners, emergency generators, and water pumps are not allowed in required front setbacks, but may be located in rear or side setbacks if located at least three feet from rear and side lot lines.

4. No ornamental or other lawn feature, including but not limited to statues, figurines, decorations, art objects, animal shelters, containers, or other similar items, over 2 1/2 feet in height shall be installed or maintained within 25 feet of any public street, or within any triangular area defined by the following three types of points:

[Amended 3-19-2007 by Ord. No. 1822]

a) Point 1: The point of intersection of intersection of any public street with (i) any other public street, or (ii) any railroad right-of-way with an at-grade crossing, or (iii) any private driveway (other than a driveway for a single- or two-family residential structure);

b) Point 2: A point along the side right-of-way line of the first public street located 25 feet away from the point of intersection; and

c) Point 3: A point along the side line of second public street, or the railroad right-of-way, or the private driveway, located 25 feet away from the point of intersection.

E. Height of Accessory Buildings. Unless otherwise expressly stated, no accessory building in a residential district may exceed 16 feet in height. In a nonresidential district, no accessory building may exceed the height of the principal building on the same lot.

F. Setbacks. Unless otherwise expressly stated, accessory structures may not be located in the front yard. Detached garages and carports can be located in front yards but not in required front yard setbacks.

G. Home Occupations.

1. General. Some types of work can be conducted at home with little or no effect on the surrounding neighborhood. The home occupation regulations of this subsection are intended to permit residents to engage in customary home occupations, while ensuring that such home occupations will not be a detriment to the character and livability of the surrounding area. The regulations require that home occupations (an accessory use) remain subordinate to the allowed principal use (residential) and that the residential viability of the dwelling unit is maintained.

2. Allowed uses. The home occupation regulations of this subsection establish performance standards rather than detailed lists of allowed home occupations. Except as otherwise provided in this subsection, businesses located in a residential dwelling that comply with all of the standards of this subsection will be allowed as home occupations unless they are specifically prohibited. The home occupation must be clearly subordinate and incidental to the use of the dwelling as a residence.

[Amended 9-20-2010 by Ord. No. 1873]

3. Where Allowed. Home occupations that comply with the regulations of this section will be allowed as an accessory use to any allowed residential use.

4. Size. A home occupation may not occupy more than 25% of the floor area of the principal dwelling unit.

5. Prohibited Uses.

a) Vehicle and Large Equipment Storage/Repair. Any type of repair, assembly or storage of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain, saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to motor vehicles and their parts is prohibited as a home occupation.

b) Dispatch Centers. Dispatch centers, where employees come to the site to be dispatched to other locations, are not allowed as home occupations.

c) Animal Boarding Facilities. Animal boarding facilities are not allowed as home occupations. This includes kennels, commercial stables and all other types of animal boarding facilities.

d) Restaurants. All types of restaurants are prohibited as home occupations.

e) Firearms. All uses involving the distribution of firearms or the storage of firearms intended for sale or distribution are prohibited as home occupations.

f) Barber and Beauty Shops. All types of barber and beauty shops are prohibited as home occupations.

6. Resident-Operator. The operator of a home occupation must be a full-time resident of the subject dwelling unit and be on the premises during the hours of operation of the home occupation.

7. Employees. A maximum of one nonresident employee may be on the premises at any one time. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.

8. Signs. No more than one nameplate sign with a maximum size of one square foot is allowed. Such sign must be attached to the building and may not be illuminated.

9. Location. All work areas and activities associated with home occupations must be conducted and located inside the principal dwelling unit, and not on the ground floor in accessory buildings or garages, whether attached or detached.

10. Exterior Appearance. There may be no visible evidence of the conduct of a home occupation (other than an allowed sign) when viewed from the street right-of-way or from an adjacent lot. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting.

11. Operational Impacts. No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage that is perceptible beyond the lot line of the lot upon which the home occupation is conducted. No hazardous substances may be used or stored in conjunction with a home occupation.

12. Retail Sales and Display. No stock in-trade may be stored or sold upon the premises, other than those produced on the premises.

13. Customers. Customers or clients may visit the site only during the hours of 8:00 a.m. to 8:00 p.m. No more than eight customers or clients may visit the site in any single day, and no more than two customers or clients shall be on the premises at any one time.

[Amended 9-20-2010 by Ord. No. 1873]

14. Deliveries. Deliveries or pickups of supplies or products associated with Home Occupations are allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. Tractor-trailers are expressly prohibited.

15. Other Codes. All Building, Housing, Fire, and other local or state codes and ordinances shall be adhered to for home occupations.[1]

[Added 9-20-2010 by Ord. No. 1873]

[1] Editor's Note: Former Subsection G.16, Medical Marihuana, added 9-20-2010 by Ord. No. 1873, as amended, which immediately followed this subsection, was repealed 5-18-2020 by Ord. No. 2007.

H. Accessory Dwelling Units. [Reserved]

I. Accessory Residential Swimming Pools. Accessory residential swimming pools are accessory structures that must meet the following additional standards. In the event of a conflict between any of the provisions below and any other provision of this Ordinance, the provisions below shall govern:

1. No accessory residential swimming pool shall cover more than 50% of any required side or rear yard area. No accessory swimming pool shall be located in any portion of a required front yard area.

2. Required swimming pool fences shall meet all applicable requirements of the building code, and may be combined with any other fence permitted in a side or rear yard area (e.g. a perimeter fence) meeting all applicable requirements of this Ordinance.

J. Temporary Sales and Service (Outdoor).

1. Outdoor temporary sales or service uses are permitted only in the C districts, the M districts, the P district, the IC districts, or on a property containing a permitted primary nonresidential use in an R zone district.

2. No outdoor temporary sales or service use may operate on a commercial parking lot (i.e., a parking lot on a property on which there is no other permitted primary use).

3. Except in the CCBD district, each temporary outdoor sales or service use shall be accessory to a permitted primary use on the property. Sales of merchandise or provision of services unrelated to such permitted primary use is not permitted, except as follows.

[Amended 6-6-2022 by Ord. No. 2049]

a) Any permitted primary use may permit a grill or outdoor food stand to operate on the property.

b) Any permitted primary use may permit an outdoor temporary sales or service use operated by, or in support of, or as a fund-raiser for, a nonprofit institution.

4. No outdoor temporary sales or service use shall be located in the public right-of-way or on public property unless an encroachment permit has been obtained from the City.

5. Outdoor temporary sales or service uses may only operate after obtaining a temporary use permit pursuant to § 8.3J: Temporary Use Permit.

6. Each operator of a temporary sales or service use shall obtain a license or permit from the City Clerk, as applicable.

7. No property shall have outdoor temporary sales or services uses operating on the property for more than 30 days in any calendar year.

8. The property on which an outdoor temporary sales or service use operates shall be kept clean and sanitary condition at all times, and all litter and trash shall be removed at the end of each day.

9. If the outdoor temporary sales or service use involves a vending cart or a motorized vehicle, such cart or vehicle shall be stored in a permanent structure whenever the use is not in operation.

10. The location of the outdoor temporary sales or service activity shall allow customers to drive into an existing off-street parking area. No temporary outdoor sales may interrupt the flow of traffic on public streets or access ways into a shopping area.

11. No outdoor sales or service use may operate from a tent without prior approval from the Kalamazoo Public Safety Department.

12. The area occupied by the outdoor temporary sales and service activity, plus any required area for emergency vehicle access, shall occupy no more than 20% of any required off-street parking spaces or area. In no event shall any such area occupied by the outdoor temporary sales or service use be greater than 7,500 square feet. In all cases, the applicant shall demonstrate that there will be adequate parking for the existing structures as well as the temporary outdoor sales.

13. All trucks, carts, motorized vehicles, or tents and associated parking shall be located on asphaltic, concrete, or equivalent surface unless the applicant demonstrates no adverse effect on drainage, access, or the intent of this Ordinance, as determined by the City Planner.

14. In the R districts, outdoor temporary sales and service uses shall not operate after 8:00 p.m. or before 8:00 a.m.

15. Any applicant who possesses a valid permit in accordance with the requirements of this § 4.3J, and while currently engaged in temporary sales operations, may display one portable sign not to exceed eight square feet in area on one surface and not to exceed six feet in height at the location. Such sign shall be placed behind the applicable building setbacks or a minimum of four feet from the property line, which ever is greater. An approved temporary use permit for temporary outdoor sales activity shall also serve as a sign permit for the sign permitted by this subsection.