A.Â
The intent of these requirements is to:
(1)Â
Create a flexible, market-driven approach to the districts defined
to promote public health, safety, and general welfare.
(2)Â
Realize the community's vision as detailed in the Master Plan, including
permitting a variety of uses, increased variety of housing infill,
and promoting active walkable nodes and corridors through the inclusion
of building form requirements.
B.Â
This document should reflect the current adopted Master Plan; if
substantial changes occur, this text should be reviewed and amended.
A.Â
Zoning Maps. The zoning districts detailed in these regulations are
mapped according to Figure 1.2-1. Throughout this Code, many standards
are tied to both the mapped zoning districts and the street type;
the street types are mapped according to Figure 1.2-2.
(1)Â
Maps.
 Figure 1.2-1 Zoning Map
|
 Figure 1.2-2 Street Type Map
|
C.Â
Existing structures. The form-based zoning districts are intended
to allow existing structures to remain while integrating new development
through the use of the form-based standards.
As used in this chapter, the following terms shall have the
meanings indicated:
Growing of food crops indoors or outside for personal use,
donation, or sale; this excludes the growth of marihuana plants for
medicinal or recreational purposes.
A public or private right-of-way intended for accessing rear
yards, utilities, trash pick up, and vehicular access to parking or
loading areas. The City Planner can approve having existing courts
serve the same functions as alleys, as it relates to the requirements
of this code.
A method of determining woodland density by measuring the
cross-sectional area of individual tree stems over a particular unit
area.
Commercial or professional procedures that are accepted or
prescribed as being correct or most effective.
The designated area on a lot that the front or corner side
facade of a building must be located. The zone dictates the minimum
and maximum distances a building may be placed from the front or corner
side lot line. Refer to Figure 1.3-1 Build-to Zone, Property Lines,
and Yards.
 Figure 1.3-1 Build-to Zone, Property Lines, and Yards
|
The upper layer of a woodland formed by the crowns of mature
trees.
An open-to-the-sky outdoor area enclosed by a building on
at least two sides. Parking is not permitted in a courtyard.
The zone encompassing the majority of a tree's roots. It
is calculated by measuring the diameter of a tree trunk at breast
height and measuring outward from the trunk 18 inches for every inch
of trunk diameter. Refer to Figure 1.3-1 Measuring Critical Root Zone.
 |
To propagate, breed, grow, harvest, dry, cure, or separate
parts of the marihuana plant by manual or mechanical means.
[Added 5-18-2020 by Ord.
No. 2007]
The construction, removal, or renovation of a primary or
accessory structure or other impervious surfaces on a lot.
The diameter of a tree trunk measured at 4.5 feet above ground
level.
A biological community of interacting organisms and their
physical environment.
A method for quickly gathering information about the plant
density, species diversity, and/or condition of a woodland habitat.
Any species recognized by the State of Michigan and/or federal
government as being in danger of extinction throughout all or a significant
portion of its range.
The permitted treatments of the ground story facade, including entrance and window transparency. Refer to § 50-5.5, Entrance treatment.
Any of the following when held by a single licensee:
Grower license of any class under both the MRTMA and MMFLA;
Processor licenses under both the MRTMA and MMFLA;
Secure transporter licenses under both the MRTMA and MMFLA;
Safety compliance facility licenses under both the MRTMA and
MMFLA; and
A retailer license under the MRTMA and a provisioning center
license under the MMFLA.
The exterior face of a building, including but not limited
to the wall, windows, doorways, and design elements. The front facade
of a building faces the front property line.
Facade of a building facing a public or private space, such
as a street or park. This does not include building facades along
alleys, which would be considered rear facades.
Nonwoody plants and wildflowers other than grasses.
[Added 8-16-2021 by Ord. No. 2037]
Grasses, sedges, and rushes.
The natural home or environment of an animal, plant, or any
other living organism.
An area of land containing wildlife habitat, generally native
vegetation, which joins or provides passage between two or more larger
areas containing similar wildlife habitat, and the entire corridor
thus formed.
Any part of the plant, whether growing or not, Cannabis sativa
L. or the genus cannabis with a delta-9 tetrahydrocannabinol concentration
that does not exceed 0.3% on a dry-weight basis, or per volume or
weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant regardless
of moisture content. Industrial hemp includes industrial hemp commodities
and products and topical or ingestible animal and consumer products
with a delta-9-tetrahydrocannabinol concentration of not more than
0.3% on a dry-weight basis.
Any living organism that is not native to an ecosystem and
causes the ecosystem harm.
A lot type is defined by the combination of building siting,
form, facade treatment, parking and access, and use. Refer to Article
5.
All parts of the plant Cannabis sativa L. or of the genus
cannabis, growing or not; the seeds of the plant; the resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds or resin,
including marihuana concentrate and marihuana-infused products. For
purposes of this chapter, marihuana does not include:
The mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks, except the resin extracted from those stalks, fiber, oil,
or cake, or any sterilized seed of the plant that is incapable of
germination;
Industrial hemp; or
Any other ingredient combined with marihuana to prepare topical
or oral administrations, food, drink, or other products.
A topical formulation, tincture, beverage, edible substance,
or similar product containing marihuana and other ingredients and
that is intended for human consumption in a manner other than smoke
inhalation.
An adult use marihuana commercial business operation licensed
pursuant to the MRTMA and permitted to operate by City ordinance.
A medical marihuana commercial business operation licensed
pursuant to the MMFLA and permitted to operate by City ordinance.
City of Kalamazoo planning document that outlines the community's
vision primarily as it relates to land use and transportation.
The acronym for the Medical Marihuana Facilities Licensing
Act, Public Act 281 of 2016, MCL 333.27101 et seq.
The acronym for the Michigan Regulation and Taxation of Marihuana
Act, Initiated Law 1 of 2018, MCLA § 333.27951 et seq.
A cultivar of a native plant species.
A species that normally lives and thrives in a particular
place as a result of natural processes, not human introduction, disturbance,
or intervention. For the purposes of this chapter, a "particular place"
is defined as Kalamazoo County.
Groups of plants and animals and their physical environment
that have experienced minimal human-caused disturbance or recovered
from that disturbance.
Features defined in the Natural Feature Protection Overlay,
specifically wetlands, water resources, trees, woodlands, floodplains,
slopes, natural heritage areas, and habitat corridors.
Plants that grow naturally, especially but not limited to
those that provide habitat for wildlife; deep roots to stabilize banks,
shorelines, and slopes; or canopy for shade.
Michigan's Natural Resources and Environmental Protection
Act, 451 of 1994, as amended, MCLA §§ 324.101 through
324.90106.
The first 15 feet inside a building measured from the front
facade and on corner side facades. In this space, uses such as interior
parking, residential units, storage, or utility areas may be restricted.
Refer to Article 5, Zoning Standards; Lot Types, for more information.[1]
[Amended 6-6-2022 by Ord. No. 2049]
The upper limit that the water level reaches during regular
changes in water level. Refer to Figure 6.2-1, Wetland and Water Resources
Setbacks.[2]
The parcel or tract of land lawfully in existence on the
effective date of the Natural Features Protection Overlay District.
Any outdoor facility (including any parking lot appurtenant
thereto) intended for recreation, open to the public, and with any
portion thereof containing three or more separate apparatus intended
for the recreation of children including, but not limited to, sliding
boards, swing sets, and teeterboards.
An area of land under common ownership by a tax-exempt nonprofit
organization where a management plan for conservation, wildlife, historic
resources, or ecological resources or values is actively implemented.
The activity to separate or otherwise prepare parts of the
marihuana plant and to compound, blend, extract, infuse, or otherwise
make or prepare marihuana concentrate or marihuana-infused products.
Also referred to as "lot line." Refer to Figure 1.3-1, Build-to
Zone, Property Lines, and Yards.
Also referred to as a "front lot line." The intersection
of the right-of-way and the property or lot; the area from which the
front build-to zone is set. Refer to Figure 1.3-1, Build-to Zone,
Property Lines, and Yards.
The process of assisting the recovery of an ecosystem that
has been degraded, damaged, or destroyed.
The area adjacent to a water resource or wetland.
The portion of precipitation that does not soak into the
ground or evaporate.
Typically defined by the adjacent buildings and rights-of-way,
scale refers to the size or massing of a structure or street.
A ground surface covering that allows for at least 40% absorption
of water into the ground or vegetation, such as porous pavement, pavers,
crushed stone, or gravel.
Minor, physical development features on a lot, including
signage, landscaping, parking, driveway location, and other physical,
but nonstructural elements of a site.
The area of the ground surface where there is a change in
elevation over a horizontal distance.
An analysis based upon a topographic survey used to calculate
the grade of slopes.
The surface area of the slope from top to toe of slope. Refer
to Figure 1.3-2 Parts of a Slope.
 |
The vertical change in the elevation of the ground surface
(rise) divided by the specific horizontal distance (run) multiplied
by 100.
[3]Tools used to prevent or reduce stormwater runoff and/or
associated pollutants as determined by professional associations,
State of Michigan, or Federal government, such as the Michigan Low
Impact Development Manual.
Runoff and any other surface water drainage that flows into
natural or man-made drainageways.
Also referred to as "ground floor." The first floor of a
structure that is level to or elevated above the finished grade, measured
at the front and corner facades. This excludes partially aboveground
basement areas.
A floor located partially below grade and partially above
or a floor located within the roof structure facing that has transparency
facing a street.
The floors of a structure located above the ground story.
Also referred to as "upper floor."
Links neighborhoods and institutions together. Transit, on-street
bicycle facilities such as protected lanes or paint-designated lanes,
and on-street parking may all be present. Sidewalks and upgraded crossings
at key intersections provide for pedestrians along this often busy,
very mixed-use street. Driveways for vehicular access to properties
are expected, but limited through key neighborhood commercial nodes
and corridors. A center turn lane maybe be required. This street type
balances all travel modes. For additional information, refer to the
Connected City Chapter of the 2025 Master Plan.
Typically found downtown surrounding priority streets, it
serves intensive, active mixed-use blocks. A street type with slow
vehicular traffic, regular pedestrian crossings and wide sidewalks.
Sidewalks are improved with streetscape, lighting, and wayfinding
signage to support pedestrian movements. On-street parking and on-street
bicycle facilities are both common. Driveway access to adjacent properties
should be limited to prevent pedestrian-vehicle conflicts. The priority
user is the pedestrian. For additional information, refer to the Connected
City Chapter of the 2025 Master Plan.
This street type typically has slow vehicular traffic, limited
to no transit service, and bicycle facilities that are incorporated
into the roadway with signed routes or sharrows. Regular driveway
access is excepted on this street type. On-street parking serves the
adjacent land uses which can range from industrial to commercial to
residential. In residential blocks, landscaped curb lawns and street
trees are common; there may not be sidewalk on both sides of the street
in this setting. For additional information, refer to the Connected
City Chapter of the 2025 Master Plan.
A street designated as having priority over other streets
in terms of setting the front lot line, locating building entrance,
and facade treatment. On corner lots, the primary street is determined
by the street type with the following order of priority: priority
street, main street, connector street, and neighborhood street. When
a lot fronts three or more streets and/or two or more of the same
street type, the primary street will be designated by the City Planner
through site plan review.
 Figure 1.3-2 Primary Street Map
|
Downtown street type with slow vehicular traffic, regular
pedestrian crossings and very wide sidewalks. Transit, on-street parking,
and on-street bicycle facilities are typical, as is a high level of
streetscape, lighting, and wayfinding signage to support active, urban
commercial and mixed-use blocks. The priority user is the pedestrian.
For additional information, refer to the Connected City Chapter of
the 2025 Master Plan.
A street designated as not having priority over other streets.
Secondary streets typically serve as preferred location for vehicular
access points, and buildings fronting secondary streets may have a
reduction in the facade requirements.
Multiple vehicle lanes with higher speeds, this street type
often has a center turn lane and no on-street parking. Transit serve
this street type and the adjacent uses, which lean toward more intensive
commercial or mixed-use projects. Pedestrian and bicyclists move in
off-street, facilities separated from the vehicular travel lanes.
The priority user is the vehicle. For additional information, refer
to the Connected City Chapter of the 2025 Master Plan.
The types of rights-of-way and associated treatment of vehicular,
bicycle, and pedestrian ways within as illustrated by the 2025 Master
Plan. The street types are: priority street, main street, connector
street, suburban street, and neighborhood street. Refer to Figure
1.2-2 Street Types Map.
A structure that contains a secondary or accessory use on a lot. Accessory structures are typically smaller in size than the primary structure and located toward the rear of the lot. Refer to § 50-4.5, Accessory uses and structures.
A structure that contains the lot's primary use and is located in the front build-to zone. A lot may contain more than one primary structure. Refer to § 50-5.6, Lot type standards.
Areas covered with surfaces that do not allow at least 40%
absorption of water into the ground, including areas for driveways,
parking lots, and walkways and structures.
An area that allows for the absorption of water into the
ground or vegetation; also referred to as "permeable area."
An area that allows for at least 40% absorption of water
into the ground or vegetation. Semipervious materials can include
such materials as porous pavement, pavers, crushed stone, or gravel.
Any species recognized by the State of Michigan and/or the
federal government which is likely to become an endangered species
within the foreseeable future throughout all or a significant portion
of its range.
The lowest part of a slope. Refer to Figure 1.3-2, Parts
of a Slope.
[Added 8-16-2021 by Ord. No. 2037]
The highest part of a slope. Refer to Figure 1.3-2, Parts
of a Slope.
[Added 8-16-2021 by Ord. No. 2037]
Any variety of commercial grasses grown and maintained to
form turf.
The layer or layers of woody vegetation, including understory
trees and shrubs, that naturally grow beneath a tree canopy.
May also be referred to as "secondary use." This use typically
takes up less space than the principal use and is often located in
an accessory structure or in side or rear yards.
May also be referred to as the "principal use." The dominant
use of a lot. It is typically located in the lot's primary structure
along the front property line.
A permanent, maintained strip of vegetation designed to help
absorb and slow the velocity of surface stormwater runoff, and filter
out sediment and other pollutants.
An on-site investigation to determine whether the presence
of water, hydric soils, and wetland vegetation occur in such a manner
as to meet the definition of a "wetland."
A straight species native plant that has not been commercially
cultivated for a specific characteristic, which provides for natural
genetic diversity, disease resistance, climate resiliency, and reliable
pollinator habitat.
Any recreational facility and/or gymnasium (including any
parking lot appurtenant thereto), intended primarily for use by persons
under 18 years of age, which regularly provides athletic, civic, or
cultural activities.
Also referred to as "underlying zoning." The zoning regulations
applied to a parcel according to the Zoning Map.
A set of standards placed on a parcel in addition to the
standards of the Base Zoning District.
[1]
Editor's Note: The former definition of "orbs," which immediately
followed this definition, was repealed 8-16-2021 by Ord. No. 2037.
[3]
Editor's Note: The former definition of "slope, toe of," which
immediately followed this definition, was repealed 8-16-2021 by Ord.
No. 2037. See now the definition of "toe of slope."
Refer to Chapter 9, Nonconformities, of Appendix A for the management of nonconforming uses of land and nonconforming structures and uses of structures with the following additions.
A.Â
Regulations of Chapter 50 shall be met when:
(1)Â
Change in use. The use nonconformance exception ends when a change
of use will result in a 50% or greater change in capacity or intensity,
such as an increase in gross floor area, seating, or residential units.
(2)Â
Change in structure. The structural nonconformance exception ends
when the associated structure is modified to change the gross floor
area by 50% or more.
B.Â
Nonconforming site characteristics. Site characteristics may continue
in accordance with the following:
(1)Â
Ten percent exception. A site characteristic is not considered nonconforming
if the size of the nonconformance is less than 10% of the requirement.
(2)Â
Change in use. The nonconforming site characteristic exception ends
if a change of use will result in a 50% or greater change in capacity
or intensity, such as an increase in gross floor area, seating, or
residential units.
(3)Â
Change in structure. The nonconforming site characteristic exception
ends if the associated structure is modified to change the gross floor
area by 50% or more.
(4)Â
Exception for multitenant signs. Multitenant signs are exempt from
this requirement in that an individual or tenant is permitted to install
a new sign or change out signage within an existing multiple-tenant
sign, provided that the new signage does not increase the amount of
nonconformance.
