All development in all zone districts shall comply with all
applicable standards in this chapter 6, unless specifically exempted
in the subsections below, or unless a different standard is required
by an applicable overlay district. These standards shall apply in
addition to:
| |
A.
| |
B.
|
Those use-specific standards listed in Chapter 4 (as applicable
to the proposed use); and
|
C.
|
Those density/intensity/dimensional standards in Chapter 5.
|
In the event of any conflict between the standards set forth in this chapter 6 and the standards set forth in Chapters 2 through 5, the latter shall govern.
|
A.
Intent. The intent of § 6.2 is to specify landscape requirements
for all land uses requiring site plan review, and to provide for landscape
techniques to achieve compatibility between abutting and adjacent
uses, including public and private streets. These regulations are
designed to have flexibility taking into account the high percentage
of already developed property and the wide variation in the size of
existing lots. In addition, these regulations are intended to:
1.
Promote the public health, safety and general welfare by reducing
noise, air and visual pollution, air temperature, and light glare;
2.
Improve air quality;
3.
Prevent soil erosion and increase water retention;
4.
Improve the appearance of on-premises parking, vehicular-use areas,
and property abutting public rights-of-way;
5.
Improve the aesthetics and safety of pedestrian sidewalks, both within
paved areas and along public rights-of-way;
6.
Require buffering between different land uses;
7.
Protect residential privacy; and
8.
Encourage the use of landscape vegetation native to Southwest Michigan.
B.
Applicability. All uses requiring a sketch site plan or full site
plan pursuant to § 8.3H: Site Plan shall comply with the
requirements contained in § 6.2.
C.
General Landscaping Standards.
1.
Landscape Plan Required. A landscaping plan shall be required to
be submitted as a part of all development applications subject to
§ 6.2, unless the City Planner determines that compliance
with the provisions of § 6.2 can be documented without the
use of such a plan. Each landscaping plan shall comply with all provisions
of § 6.2. A landscaping plan may be combined with other
required application materials if compliance with § 6.2
can be clearly demonstrated in the combined materials.
2.
Maximum Percentage of One Species. Except for plantings used for
screening, no one species of tree or shrub may make up more than 50%
of the total amount of landscape plantings.
3.
Plant Materials. All plant material shall be hardy to the area, free
of disease and insects, and conform to the American Standard for Nursery
Stock of the American Association of Nurserymen. The use of vegetation
native to the area and Southwest Michigan, the use of a mixture of
vegetation from the same species association, and the adherence to
standards as recommended in the document entitled Recommended Landscaping
Standards in the City of Kalamazoo, is encouraged.
4.
Minimum Living Materials. In all areas where landscaping is required,
a minimum of 50% of the surface area shall be covered by living materials,
rather than bark, gravel, or other nonliving materials.
5.
Minimum Sizes. The minimum size of plant materials shall be as shown
in the graphics of the Recommended Landscaping Standards in the City
of Kalamazoo, copies of which shall be made available in the office
of the Community Planning and Development Department.
6.
Plant Material Spacing. Except for buffer zone provisions of § 6.2H:
Buffer Area Landscaping Between Land Uses, plant materials shall not
be placed closer than four feet from the fence line or property line.
Plant materials used together in informal groupings shall meet the
on-center spacing requirements as shown in the Recommended Landscaping
Standards in the City of Kalamazoo.
7.
City Right-of-Way. Tree removal or planting in City rights-of-way shall be in accordance with Chapter 42 of the Code of Ordinances of Kalamazoo. Unless an alternate surface is approved by the Public Services Department or other appropriate jurisdiction, all public rights-of-way located between street edges and property lines shall be grass-surfaced.
[Amended 3-19-2007 by Ord. No. 1822]
8.
Naturalized Landscaping. Naturalized landscaping is permitted in accordance with §§ 22-3, 22-4, and 22-5 of the Code of Ordinances of Kalamazoo.
9.
Delay of Installation Due to Season. Whenever the installation of
required landscaping is not possible by the time construction on the
primary structure has been completed, staff may authorize a delay
in installation until no later than the following June 30. As a condition
of authorizing a delay in installation, the City may require that
a letter of credit or other guarantee of such installation be provided
by the applicant, or the City may issue a temporary certificate of
occupancy, with the permanent certificate of occupancy to be issued
following installation of all required landscaping.
10.
Preservation of Existing Screening. Regardless of the other provisions
under this subsection, existing trees, vegetation, other natural features,
and other screening components such as walls, berms, and fences that
are located within the required setback of the site, that are healthy
or otherwise in good condition, and that provide, in the opinion of
the City Planner, an important measure of screening for adjacent properties
shall be preserved. When a property is required to provide buffering/screening
under the regulations in § 6.2, a site plan shall be provided
that identifies all existing trees of 10 inches or greater in diameter
measured at breast height located throughout the entire site and which
of those trees will be removed; any existing healthy trees in good
condition shall only be removed on a showing of good cause.
[Added 5-16-2011 by Ord.
No. 1882]
D.
Sidewalk Required. In all zone districts except Manufacturing districts,
each lot where the principal land use is a nonindustrial use shall
include a sidewalk along the lot frontage. Such sidewalk shall be
a minimum of four feet in width and shall be located so as to align
with sidewalks on adjacent properties, or, if no such sidewalks exist,
then shall be located a minimum of five feet from the curbline in
order to allow room for plantings between the sidewalk and the curbline.
E.
Required Landscaping for Front Yard Setbacks Without Parking or Paved
Areas. Required front yard setbacks shall contain a minimum of one
tree or one evergreen tree for each 35 feet of linear street frontage,
plus one shrub for each 25 feet of linear street frontage. Lot frontage
areas occupied by curb cuts or driveways shall be included when calculating
linear frontage planting requirements, and any trees that would otherwise
be required in such areas being planted in remaining lot frontage
areas unless prohibited by minimum spacing requirements for the species
being use.
F.
Required Landscaping for Building Perimeters. In all zone districts
except the CCBD zone district, all primary structures in multifamily,
commercial, or industrial use shall include building perimeter landscaping.
At least one shrub shall be planted per each five lineal feet of each
facade facing a public right-of-way or containing a primary entrance.
Foundation plantings may be clustered to provide interest, and plants
of larger size or differing species shall be installed adjacent to
the main pedestrian entryway to each building to emphasize that entryway.
Foundation planting requirements may be waived for portions of the
sides or rears of buildings where loading areas or other similar areas
precluding planting.
G.
Required Landscaping for Parking Lots and Loading Zones. All parking
lots shall be required to provide the following amounts and types
of landscaping unless alternative standards for specific situations
are required pursuant to § 6.3: Screening and Fences or
§ 6.5: Design Standards below:
1.
Perimeter Screening From Public Streets.
a)
All zone districts except CCBD. In all zone districts except the
CCBD zone, each parking lot that abuts a public street shall provide
a landscape screen as follows:
b)
CCBD Zone District. All parking lots within the CCBD zone district
shall provide a landscape screen as follows:
1)
Minimum width: three feet. The Site Plan Review Committee may
reduce or waive the minimum width requirement if a decorative wall
or fence having a minimum height of three feet is erected.
2)
Required trees: one tree per 20 feet of linear feet if the planting
width is a minimum of four feet.
3)
Required plantings: six shrubs per 20 feet of linear frontage.
4)
The Site Plan Review Committee may waive in whole or in part
all required plantings in cases where a decorative wall or fence having
a minimum height of three feet is erected, or when approved screen
width does not make planting possible.
2.
Perimeter Screening From Abutting Residential. When a parking lot
or loading area directly adjoins or faces a residentially zoned or
residentially used lot (regardless of whether there is an intervening
street or alley or railway right-of-way), a continuous screening wall,
berm, fence or row of planting having a minimum height of four feet
shall be provided. Such screening material shall be designed to provide
75% opacity one year after planting for the required height and length
of the screening buffer.
3.
Interior Landscaping Requirements. Parking lots in all districts
having more than 30 parking spaces shall be required to provide the
following landscape improvements internal to the parking lot:
H.
Buffer Area Landscaping/Screening Between Land Uses. In addition
to required yard landscaping and parking area landscaping, buffer
areas are required to be landscaped/screened when specific types of
adjacent land uses occur. Existing trees, vegetation, natural features,
and other screening components located at property borders shall be
preserved whenever possible.
[Amended 5-16-2011 by Ord. No. 1882]
1.
Multiple-Family Residential or Group Living Uses Abutting Single-Family
Residential Uses or Zoning District. Where a multiple-family residential
project with more than eight units, or a group living use abuts any
lot that is used or zoned for single-family residential purposes,
a landscape or other screening component meeting the standards under
one of the three options listed below in Subsection (a), (b) or (c)
shall be implemented.
a)
Option 1. A landscape screening area having a minimum width of 10
feet shall be provided by the multiple-family or group-living project
on the shared border. The buffer area shall consist of a row of six-foot-tall
evergreen trees planted parallel to the property line and spaced at
no more than six feet on center. Impervious materials are not permitted
in the landscape screening area.
b)
Option 2. An opaque wall, berm, or fence shall be provided on the
shared border with a minimum height of six feet.
c)
Option 3. A multiple-family or group-living project shall retain
an existing landscape screening area along the shared border having
a minimum width of 10 feet. At a minimum, the landscape screening
area shall consist of a row of six-foot-tall evergreen trees located
parallel to the property line and spaced at no more that six feet
on center. If the existing trees are spaced further apart than six
feet on center, then additional six-foot-tall evergreen trees shall
be planted within the landscape screening area to achieve the required
spacing. Impervious materials at ground level are not permitted in
landscape screening areas.
2.
Commercial, Public and Civic Uses Abutting Any Residential Use or
Residential Zoning District. Where a commercial, public or civic project
abuts any lot that is used or zoned for residential purposes, a landscape
or other screening component meeting the standards under one of the
three options listed below in Subsection (a), (b) or (c) shall be
implemented.
a)
Option 1. A landscape screening area having a minimum width of 10
feet shall be provided by the commercial, public or civic project
on the shared border. The buffer area shall consist of a row of six-foot-tall
evergreen trees planted parallel to the property line and spaced at
no more than six feet on center. Impervious materials are not permitted
in the landscape screening area.
b)
Option 2. An opaque wall, berm, or fence shall be provided on the
shared border with a minimum height of six feet.
c)
Option 3. A commercial, public or civic project shall retain an existing
landscape screening area along the shared border having a minimum
width of 10 feet. At a minimum, the landscape screening area shall
consist of a row of six-foot-tall evergreen trees located parallel
to the property line and spaced at no more that six feet on center.
If the existing trees are spaced further apart than six feet on center,
then additional six-foot-tall evergreen trees shall be planted within
the landscape screening area to achieve the required spacing. Impervious
materials at ground level are not permitted in landscape screening
areas.
3.
Industrial Uses Abutting Any Residential Use or Residential Zoning
District. Where an industrial project abuts any lot that is used or
zoned for residential purposes, a landscape or other screening component
meeting the standards under one of the three options listed below
in Subsection (a), (b) or (c) shall be implemented.
a)
Option 1. A landscape screening area having a minimum width of 15
feet shall be provided by the industrial project on the shared border.
The buffer area shall consist of a row of eight-foot-tall evergreen
trees planted parallel to the property line and spaced at no more
than six feet on center. Impervious materials are not permitted in
the landscape screening area.
b)
Option 2. An opaque wall, berm, or fence shall be provided on the
shared border with a minimum height of eight feet.
c)
Option 3. An industrial project shall retain an existing landscape
screening area along the shared border having a minimum width of 15
feet. At a minimum, the landscape screening area shall consist of
a row of eight-foot-tall evergreen trees located parallel to the property
line and spaced at no more that six feet on center. If the existing
trees are spaced further apart than six feet on center, then additional
eight-foot-tall evergreen trees shall be planted within the landscape
screening area to achieve the required spacing. Impervious materials
at ground level are not permitted in landscape screening areas.
4.
Industrial Uses Abutting Commercial, Public and Civic Uses or Commercial,
Public, or Institutional Zoning Districts. Where an industrial project
abuts any lot that is used or zoned for commercial, public or civic
purposes, a landscape or other screening component meeting the standards
under one of the three options listed below in Subsection (a), (b)
or (c) shall be implemented.
a)
Option 1. A landscape screening area having a minimum width of 10
feet shall be provided by the industrial project on the shared border.
The buffer area shall consist of a row of six-foot-tall evergreen
trees planted parallel to the property line and spaced at no more
than six feet on center. Impervious materials are not permitted in
the landscape screening area.
b)
Option 2. An opaque wall, berm or fence shall be provided on the
shared border with a minimum height of six feet.
c)
Option 3. An industrial project shall retain an existing landscape
screening area along the shared border having a minimum width of 10
feet. At a minimum, the landscape screening area shall consist of
a row of six-foot-tall evergreen trees located parallel to the property
line and spaced at no more that six feet on center. If the existing
trees are spaced further apart than six feet on center, then additional
six-foot-tall evergreen trees shall be planted within the landscape
screening area to achieve the required spacing. Impervious materials
at ground level are not permitted in landscape screening areas.
5.
City Planner's Right to Select Landscape or other Screening Options.
For purposes of the landscape or other screening component options
listed under Subsection H(1) through H(4), the City Planner reserves
the right to select which of the three options listed in each such
subsection is appropriate for the proposed project under the following
criteria:
6.
Additional Screening for Topographic Considerations in all Zones.
When any portion of a principal building on a property abutting any
project that is subject to these regulations is located within 50
feet of a property line that is shared with the project property,
as measured perpendicularly from the shared property line to and along
the line of the foundation of the principal building, and the grade
elevation of the principal building, as measured at twelve-inch intervals,
averages two or more feet higher than the grade elevation at the shared
property line, the height of the required screening for the project
shall be increased by an amount equal to the grade difference, up
to a maximum total height of 12 feet. In addition, the location of
the required screening for the project may be moved away from the
shared property line if, at the discretion of the City Planner, such
location will provide a greater screening benefit for the abutting
property than if it was located at the property line.
I.
Maintenance. Landscaped areas and plant materials required by ordinance
shall be kept free from refuse and debris. Plant materials, including
lawns and naturalized landscaping, shall be maintained in a healthy
growing condition, and be neat and orderly in appearance. If any plant
material required by this chapter dies or becomes diseased, it shall
be replaced by the property owner. The Zoning Inspector is authorized
to cite property owners if plant materials required by this chapter
die or become diseased and are not replaced by the property owner.
The Zoning Inspector shall require that plantings be replaced within
30 days of written notice or within an extended time period as specified
in said notice.
1.
Tree stakes, guy wires and tree wrap are to be removed within one
year of planting.
2.
All landscaped areas shall be provided with a readily available and
acceptable water supply, or with at least one outlet located within
150 feet of all planted material to be maintained.
3.
Landscaping materials and arrangement shall ensure adequate sight
visibility for motorists, adequate clearance for pedestrians and vehicles,
and accessibility to fire hydrants.
4.
Plantings within 15 feet of a fire hydrant shall be no taller than
six inches at maturity.
5.
Culs-de-sac, site entrances and boulevard medians shall be landscaped
with species tolerant of roadside conditions in southwest Michigan.
6.
Landscaping within the site shall be approved in consideration of
sight distance, size of planting area, location of sidewalks, maintenance
of adequate overhead clearance, accessibility to fire hydrants, visibility
to approved signs of adjacent uses, compatibility with the visual
character of the surrounding area, and curbing around landscape areas.
J.
Incentives to Preserve Existing Trees. The City encourages the preservation
of quality and mature trees by providing credits toward the required
landscaping. Trees intended to be preserved shall be indicated with
a special symbol on the site plan and shall be protected during construction
through use of a fence around the drip line (an illustration of which
is provided in the Recommended Landscaping Standards in the City of
Kalamazoo). To obtain credit, the preserved trees shall be of a high
quality and at least 2 1/2 inches DBH. Trees to be preserved
shall be counted for credit only if they are located on the developed
portion of the site as determined by Site Plan Review Committee or
Planning Commission. The credit for preserved trees shall be as shown
in Table 6.2-1. Any preserved trees for which credit is given, and
that are lost to damage or disease within two years such credit is
awarded shall be replaced by the landowner with trees otherwise required.
Table 6.2-1: Tree Preservation Credits
| |
---|---|
Caliper of Preserved Tree
(inches)
|
Numbers of Trees Credited
|
Over 12 inches
|
3
|
8 inches to 11.9 inches
|
2
|
2.5 inches to 7.9 inches
|
1
|
K.
Special Provisions for Existing Sites.
1.
Intent. Special provision is made for applying these standards to
improved sites that were developed prior to October 18, 2005. When
an existing site is undergoing any external alteration or expansion,
the objective of these standards is to gradually bring the existing
site into compliance with the minimum standards of § 6.2,
with the degree of compliance being appropriate in light of the extent
of expansion or change on a site. When reviewing plans for a change
in use or expansion that requires site plan or sketch plan review,
the Site Plan Review Committee or Planning Commission, as appropriate,
shall require an upgrade in landscaping, using the following as guidelines:
a)
Each building expansion of 1% of gross floor area shall include at
least 4% of the landscaping required for the entire site. The calculations
shall be based upon the landscaping requirements for all existing
and proposed developments on the site. All fractional calculations
shall be rounded up.
b)
The estimated cost of landscaping added shall generally be equal
to at least 5% of the estimated value of the new construction.
c)
Landscaping along the street and as a buffer between adjacent land
uses will take priority over parking lot and site landscaping, particularly
where there is no excess parking over that required by ordinance.
Where parking lot landscaping cannot be provided, additional landscaping
along the street or in the buffer areas may be substituted.
d)
A reduction of minimum off-street parking requirements established
in § 6.1: Off-Street Parking and Loading by up to 10% may
be approved if required to accommodate required street frontage landscaping
or parking area landscaping.
A.
Fence and Wall Standards for Residential Uses. All fences or walls
erected in residential zone districts, or on lots containing residential
uses, shall comply with the following standards.
1.
Placement.
a)
Fences shall be installed entirely within the confines of a residential
lot.
b)
Whenever any fence will be visible from public rights-of-way or adjacent
properties, it shall be installed so that the more finished side (i.e.
the side with fewer or no visible structural framing or bracing elements)
faces outward from the lot on which it is installed.
2.
Height. Fences and walls shall not exceed a height, as measured from
natural grade levels, of four feet in front setbacks and seven feet
in side and rear yards. On corner lots where the primary structure
faces the shorter dimension of a block face, fences and walls shall
not exceed a height, measured from natural grade levels, of four feet
between the street property line and building setback on the adjacent
lot, and in no case shall the four foot maximum height requirement
apply more than 30 feet from the street property line. Fences may
be located on top of walls, but the combined height of the fence and
wall together, measured from natural grade at the base of any wall,
shall not exceed the maximum height permitted for a fence or wall
by itself.
3.
Materials.
a)
No chain-link fence shall be installed in any front setback or front
yard.
b)
No fence with opacity of more than 75% shall be installed in any
front setback or front yard.
c)
No plywood fences and woven plastic or metal slat fences shall be
installed.
d)
No fence or wall made of debris, junk, or waste materials shall be installed unless such materials have been recycled and reprocessed into building materials marketed to the general public and resembling new building materials. Barbed wire and razor wire on fencing shall comply with § 22-14 of the Kalamazoo General Code.
B.
Fence and Wall Standards for Nonresidential Uses. All fences or walls
erected in nonresidential zone districts, or on lots containing no
residential uses, shall comply with the following standards.
1.
Placement.
a)
Fences shall be installed entirely within the confines of the lot.
b)
Whenever any fence will be visible from public rights-of-way or adjacent
properties, it shall be installed so that the more finished side (i.e.
the side with fewer or no visible structural framing or bracing elements)
faces outward from the lot on which it is installed.
2.
Height. Fences and walls shall not exceed a height, as measured from
natural grade levels, of six feet in front setbacks or front yards,
and eight feet in side and rear yards. Fences may be located on top
of walls, but the combined height of the fence and wall together,
measured from natural grade at the base of any wall, shall not exceed
the maximum height permitted for a fence or wall by itself.
3.
Materials.
a)
No chain-link fence shall be installed in any front setback or front
yard.
b)
No fence with opacity of more than 75% shall be installed in any
front setback or front yard.
c)
No plywood fences and woven plastic or metal slat fences shall be
installed.
d)
No fence or wall made of debris, junk, or waste materials shall be
installed unless such materials have been recycled and reprocessed
into building materials marketed to the general public and resembling
new building materials. Barbed wire and razor wire on fencing shall
comply with Section 22.14 of the Kalamazoo General Code.
C.
Screening of Mechanical Equipment. All roof mounted or ground mounted
mechanical equipment on a building or structure containing predominantly
commercial, industrial, civic, or multifamily uses shall be screened
from view (a) from any adjacent public right-of-way, and (b) from
any R district located within 150 feet of the subject lot, through
the use of an opaque screening or parapet wall, or (in the case of
ground mounted equipment) through the use of dense vegetation sufficient
to block view of the equipment.
D.
Screening of Waste Receptacles. All waste receptacles larger than two cubic yards, and all waste receptacles for nonresidential uses, shall be located (a) in the rear or to the side of the primary structure, and (b) at least 20 feet from any street, public sidewalk, internal pedestrian way, or boundary with any lot containing a residential use, and (c) not on any required off-street parking or loading space. Each waste receptacle area shall be screened from view from all property lines by an opaque fence or wall constructed of permitted materials, and with an opaque gate constructed of permitted materials, both of which shall be between six and eight feet in height. The access to this enclosure shall be screened with an opaque gate, and wheel stops shall be provided to prevent damage to screening materials from motor vehicles. All properties that are not in compliance with the requirements of this Subsection D on October 18, 2005, shall be brought into compliance within 24 months after October 18, 2005. This latter provision shall become effective after the City Commission approves, by resolution, rules and regulations governing its implementation.
E.
Screening of Drive-Through Facilities.
1.
From Adjacent Streets. All drive-through facilities, including all
driveways, entrances and appurtenant structures, shall be set back
(a) a minimum of three feet from any adjacent street, if the property
is located in the CCBD zone district, and (b) a minimum of five feet
from any adjacent street, if the property is located in any other
zone district. The required setback area shall contain a decorative
wall or fence with a minimum height of four feet to screen the drive-up
facility from view from adjacent streets.
2.
From Adjacent Residential Areas. All drive-through facilities, including
driveways and appurtenant structures, shall be screened from all adjacent
properties located in a residential zone, or containing a residential
use, through the use of a buffer strip at least five feet in width
along such boundary. Such buffer strip shall contain a solid brick
or masonry wall four feet in height located on the edge of the buffer
strip furthest from the residential use, and the space between such
wall and the property boundary shall be landscaped with a minimum
of one shrub per 10 feet of wall length. Speakers and lights related
to the drive-through use shall be oriented so that they do not direct
glare or sound towards the residential use, and the maximum sound
volume of any speaker, measured at the property boundary, shall not
exceed 50 decibels.
A.
Purpose. All site lighting should be designed and installed to maintain
adequate lighting on site and provide security for people and property,
through the use of fixtures that are durable, while avoiding the use
of tall light fixtures that unnecessarily disperse light to surrounding
areas, and preventing the creation of glare on adjacent properties.
B.
Applicability. All development or redevelopment (a) in any Commercial,
Public and Institutional, or Manufacturing zone district, and (b)
of a multifamily residential use in any zone district, shall comply
with the following standards.
C.
Design Standards.
1.
Wall-Mounted Lights. Wall-mounted lights must have fully shielded
luminairies (such as shoebox or can-style fixtures) to direct all
light downward, and to prevent the light source from being visible
from any adjacent residential property or public street. Unshielded
wallpack lights are prohibited.
2.
Direction of Lighting.
a)
No light source shall be directly visible from any adjacent property
located in a residential zone district.
b)
No light sources shall be directed outward toward property boundaries
or adjacent rights-of-way.
c)
No light source shall provide direct, general illumination of facades
of buildings visible from adjacent residential properties. Accent
lighting (such as lighting emphasizing building entryways or key features)
is permitted.
d)
Wherever possible, lighting of nonresidential properties should be
directed downward. Upward-directed lighting shall not be used to illuminate
nonresidential properties, except for low-voltage architectural lighting.
e)
Architectural, landscape, and decorative lighting used to illuminate
flags, statues, or any other objects shall use a narrowly directed
light whose light source is not visible from adjacent residential
properties or public streets.
3.
Shielding.
a)
Exterior. Light fixtures in excess of 60 watts or one 100 lumens
shall use full cut-off lenses or hoods to prevent glare and spillover
from the project site onto adjacent properties and roadways.
b)
Interior. No interior light source shall emit light directly onto
adjacent residential property.
4.
Hue. Approved lighting sources shall be color-correct types such
as halogen or metal halide. Lighting types of limited spectral emission,
such as low-pressure sodium or mercury vapor lights, are prohibited.
6.
Illumination Levels.
a)
Parking Areas. All lighting in parking areas shall be designed and
maintained to produce at least 0.1 footcandle of light at pavement
level throughout the parking area. Potentially hazardous locations
must be individually illuminated with at least 0.3 footcandle of light.
Lights within 100 feet of a residential property line shall be reduced
to no more than 0.05 footcandle of light after business hours.
b)
Spillover Light. Lighting from a property containing a nonresidential
primary use shall not create greater than 0.05 footcandle of spillover
light at the border with any single-family zone district.
7.
Uniformity Ratios. The ratio of maximum to minimum lighting on a
given property, measured at ground level, shall not exceed 15:1 in
any Residential zone district, and shall not exceed 10:1 in any Commercial,
Manufacturing, or Special Purpose zone district.
8.
Canopy Lighting.
a)
In order to minimize direct glare, light fixtures mounted on gasoline
and fuel sales canopies and other canopies shall be recessed so that
the lens cover is flush with the bottom surface of the canopy or shielded
by the fixture or the edge of the canopy so that light is restrained
to 85° or less from horizontal.
b)
As an alternative (or supplement) to recessed lighting, indirect
lighting may be used where light is beamed upward and then reflected
down from the underside of the canopy. When this method is used, light
fixtures must be shielded so that direct light is focused exclusively
on the underside of the canopy and is not visible from any residential
use adjacent to or across a street or alley from the subject property,
or from any public right-of-way.
c)
Lights shall not be mounted on the top or sides (fascias) of the
canopy. Signing that is in compliance with sign regulations may be
placed on these surfaces.
D.
Height Standards.
1.
Except as permitted in Subsection 2 below, lighting fixtures shall
be no more than 15 feet high whether mounted on poles or walls or
by other means.
2.
Light fixtures in parking lots containing more than 50 spaces shall
be no more than (a) 20 feet high if located within 100 feet of the
boundary of a residential zone district, or (b) 25 feet high if located
100 feet or more from the boundary of a residential zone district.
[Amended 3-19-2007 by Ord. No. 1822]
3.
Wherever possible, illumination of seating areas, building entrances,
and walkways shall be accomplished by use of bollard-style fixtures
or other low, ground-mounted fixtures not over four feet in height.
A.
Neighborhood Commercial. The following standards shall apply to all
nonresidential development in all Residential zone districts and in
the CNO, CN-1, CN-2 and CMU zone districts, where the proposed development
or redevelopment has less than 50,000 square feet of gross floor area.
They are intended to ensure that development in each coveted zone
district occurs in a manner that is compatible with adjacent residential
neighborhoods and that encourages pedestrian access. Alternative design
solutions may be approved during the site plan review process (See
§ 8.3H: Site Plan) if it is demonstrated that the alternative
design solution meets the intent of § 6.5B or if it is determined
that application of these standards to a development approved before
October 18, 2005 is not feasible.
[Amended 3-19-2007 by Ord. No. 1822]
1.
Quality of Materials.
a)
Front Facades. When the principal entrance of a freestanding building
is on the side elevation or at the corner of the front and side elevations,
that side elevation shall include the same quality of materials, trim
levels, and degree of articulation as those found on the front facade.
b)
Side and Rear Facades. Rear and side facades of all nonresidential
buildings facing a public street, park, playground or other public
open space shall incorporate the same quality of materials, trim levels,
and degree of articulation predominantly found on the front facade
of the building. Parking, service, or other open spaces at the rear
of the structure shall be maintained in a neat and orderly condition.
c)
Restrictions on Pre-Cast Materials. To the maximum extent practicable,
concrete finishes or precast concrete panels (tilt walls) shall not
be used as exterior building materials unless they are exposed aggregate,
hammered, embossed, patterned, imprinted, sandblasted or covered with
a cement-based acrylic coating.
d)
Restrictions on Metal Panels. To the maximum extent practicable,
metal panel systems, used as an exterior building material, should
be a minimum thickness of U.S. Standard 18 gauge metal. Corrugated
(ribbed) metal panels and siding shall be prohibited on all exterior
walls except as a method of screening mechanical roof top equipment.
e)
Restrictions on Mirrored Glass. To the maximum extent practicable,
mirrored glass with a reflectance greater than 40% shall not be used
to cover more than 40% of the exterior walls of any building.
2.
Building Orientation. To the maximum extent practicable, and except
as otherwise expressly required or unless necessary to avoid site
access through an alley adjacent to a residential zoning district,
the front or side facade shall face the public street abutting the
front property line and at least 50% of the horizontal length of the
first floor of the front facade shall be set back not more than 60
feet from said street. To the maximum extent practicable, the main
entrance shall face the public street abutting the front property
line or face a connecting walkway with a direct pedestrian connection
to the public street abutting the front property line.
3.
Outdoor Storage and Display. Outdoor storage and display is prohibited
for all nonresidential development in all Residential zone districts,
and in the CNO and CO zone districts. Outdoor display of products
for sale or rent shall be allowed in the CMU, CN-1, CN-2, and CCBD
zone districts, provided that such display is accessory to an indoor
primary use on the property, is not located in the public right-of-way,
does not block sidewalks, parking areas, or driveways, and is maintained
in a neat and orderly manner. Outdoor storage of supplies, materials,
and equipment not for sale or rent, with the exception of vehicles
associated with the allowed use on the site, shall not be permitted
in the CMU, CN-1, CN-2, and CCBD zone districts.
[Amended 3-19-2007 by Ord. No. 1822; 6-6-2022 by Ord. No. 2049]
4.
Location of Off-Street Parking and Other Vehicular Use Areas.
a)
CNO and CN-1 Districts. Front yards must be reserved for landscaping,
sidewalks, and driveway access. Off-street parking spaces may not
be located between a street property line and the building line of
the principal building on the site. Such spaces may be located in
side and rear yards if screened from adjacent dwellings by a solid
wall, fence or vegetation that is not less than four feet and not
more than six feet in height. Vegetation may exceed six feet in height.
b)
CN-2 and CMU Districts. Whenever possible, vehicular use areas, including
driveways, loading areas, and off-street parking areas, shall not
be located on any portion of a lot adjacent to a residential area.
Where location of vehicular use areas adjacent to a residential area
is unavoidable or unfeasible, buffering shall be provided as required
in § 6.2H.2: Commercial Uses Abutting Residential Uses or
Residential Zoning District In the case of construction of new primary
structures commenced after October 18, 2005, no more than 50% of required
off-street parking areas shall be located between the front facade
of a principal building and the adjacent public street.
[Amended 3-19-2007 by Ord. No. 1822]
5.
Service Areas. In commercial developments containing less than 20,000
square feet of gross floor area, service functions (shipping/receiving,
trash removal, etc.) shall be integrated into the circulation pattern
in a manner that minimizes conflicts with vehicles and pedestrians.
In commercial developments containing 20,000 square feet or more of
gross floor area, service and loading areas shall be separated from
main circulation and parking areas and away from public streets.
6.
Additional Requirements for the CNO District. Door styles must be
similar to those found on residential buildings on the block, and
new construction (including building additions and rehabilitations)
must be designed to have the appearance of other residential buildings
along the street.
7.
Additional Requirements for CN-1 District. Exterior building materials
along street facing facades (exterior walls that face streets or sidewalks),
not including windows and entries, must consist primarily of masonry,
not including concrete block or concrete masonry units. Vinyl and
aluminum siding are prohibited.
8.
Additional Standards for CN-2 and CMU Districts.
[Amended 3-19-2007 by Ord. No. 1822]
a)
Modular masonry materials, such as brick and concrete pavers, or
gridded cast-in-place materials, such as exposed aggregate concrete,
are required as paving materials for all pedestrian areas in order
to visually define and improve the appearance of pedestrian areas.
b)
Wherever possible, pedestrian access to adjacent residential areas
rights-of-way must be provided through the provision of sidewalks
in addition to those located on adjacent public streets.
c)
Each commercial tenant space must be accessible from other tenant
spaces by sidewalks or other approved pedestrian routes. Pedestrian
routes must be continuous, with a minimum horizontal clear space of
four feet in all cases. Pedestrian routes must be designed to offer
protection to pedestrians and be visually distinguishable from other
hardscape elements on the site. Pedestrian routes must be separated
from parking and vehicular use areas by curbs, landscaping or other
physical barriers. When pedestrian paths cross drive aisles and vehicle
travel lanes they must be clearly identified with materials such as
textured or brick paving, and must be integrated into the wider network
of pedestrian walkways. Pavement textures are encouraged elsewhere
in the parking lot, as surface materials, or as accents.
d)
Parking lot layout and design must promote safe and convenient pedestrian
and vehicular circulation.
e)
Areas that are not used for vehicular and pedestrian access or parking
must be landscaped in accordance with applicable landscape standards.
f)
Buildings in the district must relate to one another, both functionally
and visually, and encourage pedestrian activity.
g)
Exterior building materials along street-facing facades (exterior
walls that face streets or sidewalks), not including windows and entries,
must consist primarily of masonry, not including concrete block or
concrete masonry units. Vinyl and aluminum siding are prohibited.
h)
Buildings must avoid uninterrupted wall planes. Building wall offsets,
window patterns or other changes in elevation design must be used
to give buildings the appearance of small individual store fronts
that are no more than 25 feet in width. Similarly, roofline offsets
must be used to provide architectural interest and variety to the
massing of a building and to relieve the effect of a single, long
roof.
9.
Additional Standards for CN-1, CN-2 and CMU Districts.
[Amended 3-19-2007 by Ord. No. 1822]
a)
One-story buildings must have a minimum height of 18 feet and a maximum
height of 22 feet unless there are clerestory windows facing the street
that give the appearance of second floor space.
b)
At least 60% of all street-facing facades, measured from grade to
a height of 10 feet above finished grade, must be comprised of windows
that allow views into business or commercial use areas. The bottom
of windows used to satisfy this requirement must be no more than three
feet above the adjacent finished grade.
c)
Bicycle parking facilities must be located in convenient areas of
the development and must be located so as not to impede pedestrian
or vehicular traffic.
d)
Air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator
housing and satellite dishes and other telecommunications-receiving
devices must be screened from view from the public right-of-way and
from residential areas, by using walls, fencing, roof elements, penthouse-type
screening devices or landscaping.
B.
Large Retail Establishments. Each single-story primary structure containing primarily commercial retail sales space, and containing more than 50,000 square feet of gross floor area shall comply with the following design standards in addition to those set forth in Subsection A above.
1.
Building Facades.
a)
Each facade greater than 100 feet in length, measured horizontally,
shall incorporate wall plane projections or recesses having a depth
of at least 3% of the length of the facade and extending at least
20% of the length of the facade. No uninterrupted length of any facade
shall exceed 100 horizontal feet.
b)
Each building facade shall have a repeating pattern that shall include
no less than three instances of either (a) color change, (b) texture
changes, (c) material module change, or (d) expression of an architectural
or structural bay through a change in plane no less than 12 inches
in width, such as an offset, reveal, or projecting rib. At least one
of those elements shall repeat horizontally at an interval of no more
than 30 feet.
c)
Ground floor facades that face public streets shall have arcades,
display windows, entry areas, awnings, or other such features along
no less than 60% of their horizontal length.
2.
Parapets. Each primary structure with a flat roof shall have parapets
or enclosures concealing flat roofs and rooftop equipment from public
view, and such parapets and enclosures shall be constructed of materials
that match the building in quality and detail. Each such parapet or
enclosure shall have an average height of no more than 15% of the
height of the supporting wall, a maximum height at any point equal
to 33% of the height of the supporting wall.
3.
Building Entryways. Each single-story retail building shall have
highly visible customer entrances featuring a combination of at least
two of the following elements:
a)
Roof overhangs, raised cornice parapets, or peaked roof forms;
b)
Recessed or projecting wall sections;
c)
Arcades or arches;
d)
Outdoor patios;
e)
Display windows;
f)
Architectural details such as tile work and moldings integrated into
the building structure; or
g)
Integral planters or wing walls that incorporate landscaped areas
and/or seating areas.
4.
Pedestrian Access and Circulation.
a)
All primary structures shall provide direct sidewalk connections
(a) from each primary structure entrance used by residents, employees,
or the public to external sidewalks, (b) between each primary structure
in the development, (c) to sidewalks on adjacent properties, and (d)
to all existing or planned transit stop or park-n-ride locations identified
by the public transit authority.
b)
For proposed development that will include parking areas that extend
more than 250 feet from the primary structure, the developments shall
provide a designated walkway from the row of parking furthest from
the primary structure to a primary structure entrance used by residents,
employees, or the public, or to a sidewalk leading to such entrance.
Such walkways shall be distinguished from surrounding parking areas
by changes in color or texture, raised surfaces, or landscaped edges.
c)
All development shall provide (a) a walkway at least six feet wide
extending across the front of each primary structure, and (b) weather
protection features such as awnings or arcades at each entrance used
by residents, employees, or the public.
5.
Site Layout, Auto Access, and Parking.
a)
At least 50% of off-street parking shall be located behind or at
the sides of primary structures (rather than between the front of
primary buildings and the street) or within structured parking.
b)
Driveways shall be consolidated to the greatest degree possible to
reduce the number of sidewalk/driveway crossing points.
c)
Short-term (public), and long-term (resident and employee) parking
shall be clearly signed, and short-term parking areas shall generally
be located closer to the primary public entrances to primary structures.
C.
Downtown Design Standards and
Guidelines.
[Amended 7-16-2012 by Ord. No. 1897]
(1)
The Downtown Design Standards and Guidelines (Standards & Guidelines)
are adopted and incorporated into this ordinance by reference. All
development in the geographic boundary area defined in Subsection
C(2) shall follow those design and development regulations set forth
in the Standards & Guidelines.
(2)
The Standards & Guidelines apply to all buildings, structures,
properties and uses in the same geographic boundary area to which
the City of Kalamazoo Downtown Development Authority applies (Such
area is identified as DDA District and is further depicted in the
City of Kalamazoo Zoning Code, under § 2.3G.), and also
apply to all buildings, structures, properties and uses in the Southtown
Design Review District, except structures solely used as single-family
residential structures, duplex homes, and multifamily residential
structures. The Southtown Design Review District is defined as all
parcels bordered by E. Walnut Street to the north, Portage Street
to the east, Stockbridge Avenue to the south, and S. Burdick Street
to the west. The Standards & Guidelines apply to those buildings,
structures, properties and uses on both sides of the streets that
represent the boundaries of the DDA District and the boundaries of
the Southtown Design Review District.
[Amended 2-16-2015 by Ord. No. 1932]
(3)
Before any building, structure or property located in the DDA District
or the Southtown Design Review District is constructed, developed,
renovated or rehabilitated, the property owner, or the builder, contractor,
developer or person or entity performing the work, shall submit to
the City Planner, including the City Planner's duly designated representative(s),
the proposal for the project. An Administrative Review Committee (ARC),
consisting of staff designated from both the City of Kalamazoo and
Downtown Development Authority, is established. After the project
proposal is submitted to the City Planner, the ARC shall review such
project and assign it as either a Tier I or Tier II project, as set
forth in the Standards & Guidelines. A Downtown Design Review
Committee (DDRC), as established under § 11.5 of the Zoning
Ordinance, shall review projects assigned to Tier II. Once a tier
level has been assigned to a project, the review shall follow the
steps as outlined in the Standards & Guidelines. For those projects
assigned to Tier II that require site plan review, the final review
of the project by the Site Plan Review Committee shall follow the
process outlined in § 11.4 of the Zoning Ordinance that
is consistent with the Standards & Guidelines.
[Amended 2-16-2015 by Ord. No. 1932]
(4)
By resolution, the City Commission may amend the Standards &
Guidelines, including the makeup of the ARC and DDRC Review Committees.
Before the City Commission adopts any proposed amendments to the Standards
& Guidelines, the City of Kalamazoo Planning Commission shall
first review them and report its comments and recommendations to the
Commission.
(5)
Copies of the Standards & Guidelines shall be made available
or accessible to the public at the City Clerk's office, at the Department
of Community Planning and Development, or through the City of Kalamazoo
website.
All structures, uses, and activities in all zone districts shall
be used or occupied so as to avoid creating any dangerous, injurious,
noxious or otherwise objectionable condition that would create adverse
impacts on the residents, employees, or visitors on the property itself
or on neighboring properties.
A.
Glare. Glare, whether direct or reflected, such as from floodlights
or high temperature processes, and as differentiated from general
illumination, shall not be visible at any property line.
B.
Noise. All activities shall be conducted so as to avoid the creation of any noise that would create a public nuisance or a nuisance interfering with the use and enjoyment of adjacent properties. Any amplified sound equipment shall be mounted so as to direct sounds inward from properties, rather than outward towards property boundaries. Amplified sounds shall not be generated or allowed to cross property lines for the purpose of attracting the attentionof the public unless a public temporary use permit has been issued for such use of the property. All activities shall be conducted to comply with Chapter 21 of the Kalamazoo Code of Ordinances.
C.
Nuclear Radiation. Research operations shall cause no dangerous radiation
at any property line as specified by the regulations of the United
States Nuclear Regulatory Commission.
D.
Electromagnetic Radiation. It shall be unlawful to operate, or cause
to be operated, any planned or intentional source of electromagnetic
radiation for such purposes as communication, experimentation, entertainment,
broadcasting, heating, navigation, therapy, vehicle velocity measurement,
weather survey, aircraft detection, topographical survey, personal
pleasure, or any other use directly or indirectly associated with
these purposes that does not comply with the then current regulations
of the Federal Communications Commission regarding such sources of
electromagnetic radiation. However, in case of governmental communications
facilities, governmental agencies, and government owned plants, the
regulations of the interdepartmental Radio Advisory Committee shall
take precedence over the regulations of the Federal Communications
Commission, regarding such sources of electromagnetic radiation.
E.
Vibration. Operations shall cause no inherent and recurring generated
vibration perceptible without instruments at any point along the property
line. Temporary construction is excluded from this restriction.
F.
Fire and Explosive Materials. The storage and handling of flammable
liquids, liquefied petroleum, gases, and explosives shall comply with
the state rules and regulations as established by Public Act No. 207
of 1941, as amended.[1] Explosives where the primary purpose is for combustion
as defined in Explosive Act of 1970, as amended,[2] shall be prohibited on site.
G.
Hazardous Materials. All applicable federal, state, and local statutes,
rules, regulations, and ordinances (including, without limitation,
those promulgated and/or enforced by the U.S. Environmental Protection
Agency, the Michigan Department of Environmental Quality, the Michigan
Department of Natural Resources, the National Institute of Health,
or the Food and Drug Administration) shall apply to the treatment,
storage, transportation, and disposal of any hazardous materials,
hazardous wastes, or solid wastes (as such terms are defined by any
of the applicable statutes, rules, regulations, or ordinances referenced
above).
H.
Materials and Waste Handling. No person shall cause or permit any
materials to be handled, transported, or stored in a manner that allows
particulate matter to become airborne or liquid matter to drain onto
or into the ground. All materials or wastes that might cause fumes
or dust or that constitute a fire hazard or that may be edible by
or otherwise be attractive to rodents or insects shall be stored outdoors
only in closed, impermeable trash containers that are screened in
accordance with the requirements of this Code. Toxic and hazardous
materials and chemicals shall be stored, secured and maintained so
that there is no contamination of ground, air, or water sources at
or adjacent to the site. Provisions shall be provided so that all
lubrication and fuel substances shall be prevented from leaking and/or
draining onto the property. All treatment, storage, disposal, or transportation
of hazardous waste shall be in conformance with all federal and state
statutes, codes and regulations. All sewage and industrial wastes
shall be treated and disposed of in such a manner as to comply with
the water quality standards applicable to the classification assigned
to the receiving water by the City, the State of Michigan, and the
U.S.E.P.A.
I.
Smoke Emissions. There shall not be discharged into the atmosphere
any contaminant for which threshold limit values are listed for working
atmosphere by the American Conference of Governmental Industrial Hygienists
in such quantity that the concentration of the contaminant at ground
level at any point beyond the boundary of the property shall at any
time exceed the threshold limit established by such conference or
by any state or federal law or regulation. Visible emissions of any
kind at ground level past the lot line of the property on which the
source of the emissions is located are prohibited.
J.
Odor Emissions. No operation shall cause or allow the emission of
any odorous air contaminant that is a nuisance, hazard or exceeds
appropriate federal or state regulations. The measurement of the threshold
odor shall be in accordance with the American Society for Testing
Materials Method D1391-57 "Standards Method for Measurement of Odor
in Atmosphere (Dilution Method)" (Philadelphia American Society of
Testing Materials, 1957). Detailed plans for the prevention of odors
crossing property lines may be required before the issuance of a building
permit.
K.
Particle Emissions. The emission of particulate matter or dusts in
an amount sufficient to create a general nuisance to adjoining properties
is prohibited. Total emission of particulate matter shall be limited
to the following:
1.
Requirement for All Zone Districts Except M-2 Zone District. Solid
or liquid particles shall not be emitted at any point in concentration
exceeding 0.1 grains per cubic foot of the conveying gas or air. For
measurement of the amount of particles in gases resulting from combustion,
standard corrections shall be applied to a stack temperature of 500°
F. and 50% excess air. Measurement shall be at the point of emission.
2.
Requirement for M-2 District. The Ringelmann Smoke Chart published
by the United States Bureau of Mines shall be used for measurement.
All emission of particulate matter in quantities sufficient to produce
an opacity at any point greater than Ringelmann 3 is prohibited. The
only exception shall be a plume consisting entirely of condensed steam.
A Ringelmann 1 unit is defined as 20% density for one minute. No more
than 15 units of Ringelmann smoke shall be permitted per hour and
no smoke more intense than Ringelmann 2, except that during one hour
of a twenty-four-hour day, 30 units of smoke may be emitted but with
no smoke more intense than Ringelmann 3. The total quantity of emitted
solids shall not exceed one pound per hour, per acre of lot area.
Measurement shall be at the point of emission.
L.
Height of Stored Materials. Except in the M-2 zone district, all
objects stored within an allowable outdoor storage area may not exceed
the height of any required screen fence.
M.
Nuisance Prohibited. All structures and land uses within the City
shall be constructed, used, operated, and maintained in such a manner
so as to be free of nuisances, as defined in Michigan law.