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.
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.
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.
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:
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.
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.
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.
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]
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.
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]
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.
