Article 4 Uses

Bed-and-breakfast: an establishment providing short-term lodging and service of at least one meal per day to guests. The owner or operator must live on the same lot or a lot directly adjacent to the lot containing the bed-and-breakfast.

Hotel/motel: an establishment that permits short-term lodging with or without an in-room kitchen where the rooms are accessed from an interior corridor or hallway (hotel) or exterior passageway (motel). Restaurant, meeting spaces, and retail are commonly associated with this use.

Nursing home/assisted living/rehabilitation center/adult foster care: residence that provides short- or long-term lodging with services such as meals, personal care, supervision of self-administered medication, medical care, and therapy. This type of facility would not meet the definition of a hospital. In the districts where it is permitted with development standards (PD), the following standards apply:

A rehabilitation center is permitted for up to six persons.

In Downtown 1, this use is not permitted on the ground floor.

Residential: dwelling units located within a primary structure on a lot. In the districts where residential is permitted with development standards (PD), the following standards apply:

In Nodes and Downtown 1 (D1) Districts, residential units are not permitted in a building's occupied space. (Refer to the definition of "occupied space" in § 50-1.3.) Refer to Article 5, Zoning Standards; Lot Types, for details and exceptions.

In Live-Work 2 (LW2) and Downtown 3 (D3), yard - detached lot type is permitted only when the building(s) contains two or more units.

In Community Commercial (CC), residential is permitted as follows:

Detached, single-unit residential is not permitted.

Residential units in the CC District are only permitted in conjunction with a commercial use(s), creating a mix of uses on the site.

Residential units are not permitted in the ground floor occupied space that directly fronts the front property line.

In Community Commercial (CC) and Community Commercial 2 (CC2) Districts, residential units must have access to usable outdoor space on-site.

Residential, multifamily: five or more dwelling units located within a primary structure on a lot. In the districts where residential multifamily is permitted with development standards (PD), the following standards apply:

Multifamily units are not permitted in a building's ground floor occupied space. (Refer to § 50-1.3, the definition of "occupied space.") Refer to Article 5, Zoning Standards; Lot Types for details and exceptions.

In Community Commercial (CC), multifamily residential is permitted as follows:

Residential uses in the CC District are only permitted in conjunction with a commercial use(s), creating a mix of uses on the site.

Multifamily units are not permitted in the ground floor occupied space that directly fronts the front property line.

In Community Commercial (CC) and Community Commercial 2 (CC2) Districts, residential units must have access to usable outdoor space on-site.

Rooming house: a type of group living use in which space is let primarily for sleeping purposes, with or without meals, by the owner or agent to persons who are not related to the owner or operator by blood, marriage, or adoption. In the districts where a rooming house is permitted with development standards ("PD"), the following standards apply.

Rooming house units are not permitted in a building's ground floor occupied space. (Refer to § 50-1.3, the definition of "occupied space.") Refer to Article 5, Zoning Standards; Lot Types for details and exceptions.

In Community Commercial (CC), a rooming house is permitted as follows:

Rooming houses in the CC District are only permitted in conjunction with commercial uses, creating a mix of uses on the site.

Rooming house units are not permitted in the ground floor occupied space that directly fronts the front property line.

In Community Commercial (CC) and Community Commercial 2 (CC2) Districts, residential units must have access to usable outdoor space on-site.

Transitional residence: a residential facility that provides temporary accommodations and on-site management, including twenty-four-hour care, for its residents. Transitional residences can accommodate both individuals and families and can serve a variety of populations, such as the homeless, domestic violence victims, or those recovering from addictions. Residency often requires attendance at classes, trainings, or counseling sessions which may occur on-site. Residents typically do not keep personal vehicles on site. In districts where a transitional residence is permitted with development standards ("PD"), the following standards apply:

In Community Commercial (CC), a transitional residence is permitted as follows:

Transitional residences in the CC District are only permitted in conjunction with commercial uses, creating a mix of uses on the site.

Transitional residence units are not permitted in the ground floor occupied space that directly fronts the front property line.

Civic/institutional uses.

Assembly: a use that has organized services, meetings, or programs to educate, entertain, or promote discussion amongst the community. It can be a public or private facility. Examples of assembly include a club, lodge, or community center. In the districts where assembly is permitted with development standards (PD), the following standards apply:

Private membership. Clubs and lodges and other similar uses with limited hours or private membership are not permitted in the ground floor occupied space in Node Districts.

Downtown 1. Assembly uses are not permitted in the occupied space of the ground floor.

Assembly, religious: an assembly use that focuses on religion, a house of worship. Residential uses accessory to the religious assembly use, such as convent, rectory, or caretaker's residence, are permitted with this use. In the districts where religious assembly is permitted with a special use permit (S) or permitted with development standards (PD), the following standards apply.

Facilities that accommodate fewer than 50 persons are permitted without obtaining a special use permit.

College and university: an educational institution authorized to award associate, baccalaureate, or other higher degrees and certificates.

Hospital: a state-licensed facility providing in-patient accommodations; a wide range of medical and surgical care; and other in-patient health services for sick or injured persons. Permitted secondary uses with this type of facility may include laboratories, outpatient department, training facilities, central services, offices, residences, dining areas, and retail.

Library and museum: an establishment housing educational, cultural, artistic, or historic information resources, and exhibits that is open to the public. Permitted secondary uses with this type of facility include retail space, food sales, dining, and meeting rooms.

Parks, open space and preserve. An area of land designed and equipped for passive or active recreation, open air gathering, and/or natural areas. This use may include secondary uses such as retail or service uses, community center, and museum or interpretative center.

Police and fire stations: a facility that provides protection to a district or entity according to fire, life, and safety code sections. Permitted secondary uses with this type of facility include storage of equipment, indoor and outdoor parking of vehicles, offices, and residences. Police and fire stations are exempt from any entrance bay and vehicle access standards noted in § 50-5.6, Lot type standards; the use of these standards is encouraged to support this use blending within the neighborhood location.

School: a public or private education facility, including elementary, middle, and high schools. Schools may include space for classrooms, laboratories, gymnasium, pools, theaters, dining services, and outdoor athletic or recreational facilities.

Commercial.

Adult regulated uses.

Purpose.

In the development and execution of this subsection, it is recognized that there are some uses, commonly known as "adult uses" or "sexually oriented businesses," which, because of their very nature, have serious objectionable operational characteristics. The impacts of these objectionable characteristics are exacerbated when several adult uses are concentrated under certain circumstances or when one or more of them are located in near proximity to a residential use or zone, religious assembly, school, park, playground or public recreational area, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to prevent these adverse effects and to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The controls contained within this subsection are for the purpose of preventing the negative secondary effects associated with adult uses and to prevent a concentration of these uses within any one area, or to prevent deterioration or blighting of a nearby residential neighborhood.

It is the purpose of this subsection to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this subsection to condone or legitimize the distribution of obscene material.

Applicability. The following adult regulated uses are subject to these controls:

Adult arcade or mini motion-picture theaters;

Adult bookstores, adult novelty stores, or adult video stores;

Adult booths;

Adult cabarets;

Adult motels;

Adult motion-picture theaters;

Adult outdoor motion-picture theaters;

Adult model studios;

[9]

Adult physical culture businesses;

[10]

Adult theaters; and

[11]

Adult personal service businesses.

(Reserved)

Conditions. All adult regulated uses shall comply with all of the following conditions:

No person or entity shall operate or maintain or cause to be operated or maintained an adult regulated use within 750 feet of:

A religious assembly.

A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. "School" shall include the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.

[c]

Family day-care homes or group day-care homes.

[d]

An entertainment use that has as its principal use children or family entertainment as demonstrated by business activity that caters predominantly to on-site patronage by minors and is open for such business at least 25 hours per week.

[e]

A lot or parcel of land in any zone primarily devoted to a residential use.

[f]

Any other adult regulated use as defined in this chapter.

[g]

A public park or recreational area that has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball, tennis court, wilderness areas, or other similar public land within the City that is under the control, operation, or management of the City or other unit of government.

[h]

A zoning district boundary of a residential district as defined in the City Zoning Ordinance.

For purposes of the uses listed in Subsection C(1)(d)[1][a] through [f] above, the distance limitations above shall be measured in a straight line without regard to intervening structures or objects from the lot occupied by the adult regulated use to the nearest point of the lot occupied by any of the uses so listed in Subsection C(1)(d)[1][a] through [f].

For purposes of Subsection C(1)(d)[1][g] and [h] the distance limitations shall be measured in a straight line without regard to intervening structures or objects from the property line of the lot occupied by the adult regulated use to the nearest point of the property line occupied by the public park or other recreational areas so listed in Subsection C(1)(d)[1][g] or the zoning district boundary of the residential district as provided in Subsection C(1)(d)[1][h].

No building, premises, structure, or other facility that contains any adult regulated use shall contain any other kind of adult regulated use. The Zoning Board of Appeals may grant permission for more than one adult regulated use to operate in a single building, provided that an equal or greater number of adult regulated uses are removed from elsewhere in the City. The location where an adult regulated use is removed pursuant to this section shall not be reused for any adult regulated use in the future. If the Zoning Board of Appeals grants permission for more than one adult regulated use to operate in a single building, it shall not be construed to be a violation of Subsection C(1)(d)[1][f].

Adult regulated uses shall comply with all sign requirements. Refer to Article 9, Signs.

No advertisement, display of product or entertainment on the premises, signs or other exhibits that display specified sexual activities and/or specified anatomical areas shall be displayed in window areas or other area where the same can be viewed by pedestrians and motorists on any street, sidewalk, or other public place.

No person shall reside in, or permit any person to reside in, the premises of an adult regulated use.

No person operating an adult regulated use shall knowingly permit any person under the age of 18 to be on the premises of said business, either as an employee or as a customer.

[9]

No person shall become the lessee or sublessee of any property for the purpose of using said property for an adult regulated use without the express written permission of the owner of the property for such use and appropriate approvals from the City of Kalamazoo.

[10]

The building and site, including building openings, entries, exits and windows, shall be designed, constructed, and maintained so that material, entertainment, and/or performances that display specified sexual activities and/or specified anatomical areas cannot be observed by pedestrians and motorists on any street, sidewalk, or public right-of-way, or from an adjacent land use.

[11]

The adult regulated use shall satisfy all requirements for a full site plan and all landscaping requirements of the City Zoning Ordinance. The adult regulated use shall also demonstrate that the site meets all of the traffic and access management standards of the City of Kalamazoo. The site plan shall include a diagram that shows all land use zoning districts and any of the uses described in Subsection C(1)(d)[1] above which are located within 750 feet of the proposed adult regulated use.

[12]

No adult regulated use shall operate until it has satisfied all provisions of this chapter, all other applicable provisions of the Zoning Ordinance, and any other federal, state or local regulations.

Change of use by lessee or sublessee. No lessees or sublessee of any property shall convert that property from any other use to an adult regulated use unless the location of the property conforms to the standards in Subsection C(1)(d) above.

Certain uses exempt. The following uses are exempt from the provisions of the terms and conditions of this chapter and are subject to the other provisions of the City Zoning Ordinance, and the following uses shall not be construed to be included in any of the definitions of this chapter:

Accredited hospitals, nursing homes, sanitariums or other licensed health care facilities, physicians, surgeons, chiropractors, osteopaths, physical therapists, registered nurses, and other establishments or professionals duly licensed under the laws of the state while engaged in the activities for which they are so licensed.

Barbers, beauticians, barbershops, and beauty parlors licensed under the laws of the state that also offer massages, provided that massages involved are limited to the head, shoulders, scalp, neck, hands, and feet. Such establishments that also provide activities that fall under the definition of "adult personal service business" in this chapter shall, however, be governed by the provisions, terms, and conditions of this chapter.

Public and parochial school and college or professional athletic coaches and trainers while acting within the scope of their school employment; and

Professional massage therapy enterprises, where each massage therapist has met the following criteria:

Proof of graduation from a school of massage licensed by the State of Michigan or another state with equivalent standards, consisting of at least 500 classroom hours of instruction and practical training that include 300 hours of theory and practice of massage therapy, 100 hours of anatomy and physiology, and 100 hours of elective subjects; or proof of completion of a comprehensive course of study in a massage training program at an American community college or university that requires at a minimum the training and curriculum above; and

Proof of current professional membership in the American Massage Therapy Association, International Myomassethics Federation, Associated Bodywork and Massage Professionals, or other national massage therapy organization with comparable prerequisites for certification, including liability insurance and testing.

Nonprofit organizations operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, or athletic facilities that are used primarily for the welfare of the residents of the area.

Unlawful activities. Nothing contained in this subsection is intended, or shall be construed, to permit or authorize activities that are unlawful under state law or City ordinance.

Agriculture: growing of food crops indoors or outdoors for personal use, donation, or sale (on or off site); this excludes the growth of marihuana plants for medicinal or recreational purposes. (Refer to § 50-4.4E and F for marihuana regulations.) In the districts where agriculture is permitted with development standards (PD), the following standards apply.

Size. The maximum lot size is 10,000 square feet.

Lot type. No lot type applies unless a hoop house, greenhouse, or farm stand is constructed, then § 50-5.6, outdoor market lot type shall apply.

Other secondary buildings: sheds, garages, and other secondary buildings not noted in § 50-4.4C(1)(b) shall follow the standards for accessory structures. Refer to § 50-4.5B.

Intensity. Use of outdoor farm machinery is not permitted.

Day-care center: a use providing care, protection, and supervision for children or adults on a regular basis away from their primary residence for periods of less than 24 hours. Refer to § 50-5.5D(5)(k) for in-home day care. In the districts where a day-care center is permitted with development standards (PD), the following is required.

Outdoor play area. At least one outdoor play area will be provided on-site as follows:

Size. The size of this play area will be measured at a rate of 100 square feet for each child the facility is permitted to have at maximum attendance.

Enclosure requirement. The on-site play area must be enclosed on all sides by building or fencing.

Shared space. In Downtown, Live-Work, and Node Districts, public parks or private parks with written permission can be used to meet the outdoor play area requirement, provided that the park is located within a walkable distance of the day-care facility.

Entertainment and sports: an establishment that provides entertainment, sports, and recreation activities for participants. These may occur indoors, including such indoor facilities as bowling alleys, escape rooms, pool, billiards, arcade, theater, and outdoors, such as mini golf, ropes courses, swimming pools, and driving ranges. In the districts where entertainment and sports is permitted with a special use permit (S) or permitted with development standards (PD), the following is required:

Outdoor market lot type. Entertainment and sports: Outdoor uses require the use of the outdoor market lot type.

Street type restriction. Entertainment and sports: Outdoor uses are not permitted to primarily front local neighborhood street types.

General retail: a category of uses involving the sale of goods and merchandise. General retail includes such uses as those listed in Table 4.4-1.

General services. A category of uses that provides patrons services and often retail products related to those services. General services includes such uses as those listed in Table 4.4-1.

Table 4.4-1. Examples of General Retail and Service Uses
General Retail Uses	General Service Uses
Apparel and accessories	Animal board, day care (no outdoor kennels)
Art, craft, hobby store	Bank, financial services
Automotive supply (no service)	Catering
Bakery	Dance or music studio
Bicycle, scooter, moped sales	Dry cleaning, laundry-mat
Book magazine, newspaper	Eating and drinking establishment, cafe, coffee shop, brewpub, tavern, lounge
Convenience store	Fitness (example: gym, yoga, pilates, dance studio)
Drugstore/pharmacy	Framing
Florist	Funeral home
Home furnishing and accessories	Locksmith
Grocery store, specialty foods	Mail system, copying, printing
Hardware store	Medical services, optical, urgent care
Office supplies	Pet grooming
Paper, stationery store	Personal services (salon, spa, barbershop)
Pet and pet supply shop	Repair of small goods, household goods, electronics
Sporting goods sales and rental	Tailor and seamstress
Toy shop	Tattoo, piercing
Video games and electronic sales	Training center
	Travel agency
	Veterinarian services

Kennels: care of domestic and small animals, such as dogs and cats, that can include day or overnight care. Kennels can be located inside a building or outside and may also provide grooming and training services. In the districts where a kennel is permitted with development standards (PD), the following standards shall apply:

Outdoor facilities. Outdoor kennels are not permitted.

Accessory use. In Live-Work 1 (LW1), Community Commercial 2 (CC2), and Downtown 3 (D3), kennels are only permitted as an accessory use to a pet store, pet adoption center, veterinary service, or similar use.

Office: a category of uses that involve the transactional affairs of a profession, service, industry, or government. Patrons of these uses typically have set appointment or meeting times; these businesses do not typically rely on walk-in customers.

(9)

Outdoor sales and storage: a use that involves the sale, rental, and minor repair of items where the majority of the goods are stored or displayed outdoors. This includes such uses as sale and rental of vehicles with less than 10,000 pounds gross cargo weight, motor homes, and boats and the sale of building or landscape materials such as plants, gravel, or rocks. Sale or rental of vehicles over 10,000 pounds gross cargo weight is considered an industrial use; refer to § 50-4.4D. In the districts where outdoor sales and storage is permitted with special use permit (S) or permitted with development standards (PD), the following standard applies.

Street type restriction. Outdoor sales and storage uses are not permitted to primarily front on Local or Enhanced Neighborhood street types.

Setback of items or materials. Outdoor sales and storage items or materials, including both vehicles and loose items, shall adhere to the following setback requirements:

A side and rear setback of 25 feet is required unless the adjacent property is zoned Manufacturing (M).

Outdoor sales and storage materials are not permitted in any required setback or build-to zone.

Outdoor storage of loose items is not permitted within 50 feet of a wetland or water resource, as defined in § 50-6.2C and D.

Minimum lot size. Outdoor vehicle sales lots are only permitted in Live Work 1 (LW1) or Community Commercial 2 (CC2) on lots larger than half an acre.

Improved surface. Storage of items or materials must be on an improved surface, such as concrete or asphalt.

Loose items. The following standards apply to the storage of loose items or materials, including, but not limited to rocks, dirt, stone, and other landscape materials and scrap or recycling materials.

Outdoor storage of loose items is not permitted in Downtown 3 (D3), Live Work 1 (LW1), and Community Commercial 2 (CC2).

Outdoor storage of loose items may not be stacked higher than the fencing or wall surrounding the material; except in Manufacturing 2 District (M2).

Structure. Structures associated with outdoor sales and storage shall adhere to the following:

A building is required to house the office, sales management, on-site security, or other similar functions.

Except in Community Commercial (CC) District, the outdoor market lot type standards must be followed and the front facade of the building shall be located within 10 feet of the front property line. Refer to § 50-5.6G, Outdoor market lot type.

Screening. Storage of outdoor items or material must be screened from view as follows:

Storage of all items or materials shall be screened on the side and rear property lines per § 50-8.3E, Side and rear landscape screening.

Storage of loose items must be screened from view of adjacent streets, except in the Community Commercial (CC) and Manufacturing (M) Districts.

(10)

Packaged liquor: a retail establishment licensed by the Michigan Liquor Control Commission selling packaged alcoholic liquors, including beer, wine, and spirituous liquors, for consumption off-site. This use does not include establishments meeting the definition of an eating and drinking establishment and grocery store. In the districts where packaged liquor is permitted with development standards (PD), the following standards apply:

A minimum distance of 2,640 feet is required between locations of packaged liquor uses.

A minimum distance of 500 feet is required from parcels containing a religious assembly and school use.

Calculations to determine the required distance are made along the adjacent street center lines by measuring between two fixed points located on the center line(s) that are determined by drawing perpendicular lines from the closest edge of the building containing the use in question to the center line of the adjacent street.

Street type restriction. Package liquor is not permitted to primarily front on Local Neighborhood or Enhanced Neighborhood street types.

(11)

Parking lot (stand alone): a lot in which the primary use is parking of vehicles for public use or private use of adjacent businesses and residences. In the districts where parking lot is permitted with development standards (PD), the following standards apply:

Parking lots may not be used as towing service storage and storage for inoperable vehicles.

Corner lot. In Live-Work 1 (LW1), Live-Work 2 (LW2), Community Commercial 2 (CC2), Downtown 2 (D2), and Downtown 3 (D3), a parking lot is not permitted on a corner lot.

Street type limitations.

Prohibited locations. A parking lot is not permitted on a lot that fronts an Event/Festival and Urban Center street.

Treatment when fronting on a street.

Additional approval. A parking lot is not permitted on a lot that fronts a Downtown Main street without a special use permit unless it is directly adjacent to the building that it serves.

Landscape and screening. Landscape and screening are required. Refer to § 50-8.5, Fences, walls, and screening.

(12)

Vehicle services: a category of uses that involve the servicing of vehicles and/or the sale of fuel. General retail is often associated with vehicle service uses. This category includes vehicle service shops, car wash, and gas stations. In the districts where vehicle service is permitted with development standards (PD), the following standards apply:

Street type restriction. Vehicle service uses are not permitted to primarily front on Local Neighborhood or Enhanced Neighborhood Street types.

Screening. Perimeter landscaping or fencing is required along side and rear yards. Refer to § 50-8.5, Fences, walls, and screening.

Lot types. In Live Work 1 (LW1), Downtown 3(D3), and Community Commercial 2 (CC2) gas stations shall follow the outdoor market lot type and have the front facade of the building located within 15 feet of the front property line. Refer to § 50-5.6G, Outdoor market lot type.

Vehicle bays. Bays may not face a primary street.

Outdoor activities. Outdoor activities are permitted as follows:

Outdoor vacuuming areas are permitted in the side and rear yards only.

Outdoor vacuuming is not permitted in the following locations:

Lots adjacent to an open space, park, or preserve.

Lots adjacent to a residential zoning district.

Washing areas are not permitted outside.

Repair or service activities or equipment are not permitted outside.

Outdoor storage of vehicles awaiting service is not permitted. Vehicles awaiting pickup are permitted on-site for up to three days and shall be located in the rear or side yard.

Gas stations.

Gas stations require a special use permit.

Gas stations not permitted in Live Work 2.

Sale of packaged liquor at gas stations is permitted but must adhere to the development standards required for the packaged liquor use. Refer to § 50.4-4C(10).

Car wash.

A car wash requires a special use permit.

Car washes are not permitted in Live Work 2.

(h)

Over-sized vehicles. Services for semitrucks and other oversized vehicles are only permitted in Community Commercial (CC) and Manufacturing (M) Districts.

Industrial. Industrial uses are not permitted to front on Local Neighborhood or Enhanced Neighborhood street types.

Craftsman industrial. a use involving small-scale manufacturing, production, assembly, and/or repair that includes a showroom or retail space open to the public with no environmental or nuisance impact; may also be referred to as "maker spaces." Refer to Table 4.4-2 for examples of uses permitted in craftsman industrial. In the districts where craftsman industrial is permitted with development standards (PD), the following standards apply:

Table 4.4-2 Examples of Craftsman Industrial
Apparel, accessories, and finished fabrics
Art, glass, textiles, ceramics, pottery, woodworking
Brewing, distilling, and roasting
Commercial copying and printing
Construction, special trades
Electronic assembly
Food preparation and production: bakery, beverages, desserts, canning, preserving, pasta, dairy, etc.
Furniture and fixtures, household textiles, home furnishing and accessories
Metal products: engraving, welding
Music instruments, recording studio
Small good manufacturing and repair

Retail component.

At least 10% of the floor area must be public showroom or retail space.

The retail and/or showroom component shall be located along the front facade of the building and utilize a storefront or stoop entrance treatment. Refer to § 50-5.5, Street-facing facades.

Size requirements. Maximum facility size of 10,000 square feet is permitted in Live-Work 1, Node Districts, Community Commercial (CC2), Downtown 1, and Downtown 2 Districts.

Outdoor storage. Outdoor storage of goods is permitted in Live-Work 2 and Community Commercial (CC) with Craftsman Industrial uses provided the area used for storage is less than or equal to 5% of the site's lot area. Refer to § 50-4.4C(9) for additional requirements.

Industrial: a category of uses that allow for the production, processing, assembling, and packaging of goods. This category of uses does not have environmental or nuisance conditions that are detectable at the property lines of the site. Associated with the category are uses such as offices, warehousing, and loading or service bays. In the districts where industrial is permitted with development standards (PD), the following standards apply:

Entrance bays. Entrance bays are not permitted on facades facing primary streets unless they are located more than 50 feet beyond the building's front facade.

Outdoor activities.

Fuel pumps are not permitted.

Outdoor storage is permitted. Refer to § 50-4.4C(9) for additional requirements.

Size. The maximum size of a manufacturing facility is 20,000 square feet. Larger facilities require review through a special use permit.

Warehouse and distribution: an industrial use involving significant commercial vehicle access and large-scale storage, both indoors and outside. In the districts where warehouse and distribution is permitted with special use permit (S), the following standards apply:

Size requirements. The maximum facility size is 20,000 square feet.

Outdoor activity. Fuel pumps and outdoor storage are permitted as follows:

Must be located in the rear yard.

Must be screened from all adjacent uses. Refer to § 50-8.5, Fences, walls and screening.

Outdoor storage shall follow the standards in § 50-4.4C(9).

Vehicle entrance bays. Entrance bays are not permitted on facades facing primary streets in the Live-Work 2 (LW2) District.

Adult-use marihuana. A category of uses permitting adult use establishments licensed pursuant to the MRTMA and Chapter 20B of the City ordinances.

General provisions. The following apply to all adult use marihuana establishments, unless otherwise noted.

General requirements.

All location criteria and required separation distances apply to both new marihuana establishments and to any proposed change in the location of an existing marihuana establishment.

All location criteria and required separation distances apply to both marihuana establishments and similar protected uses located in adjacent governmental jurisdictions.

A marihuana establishment is prohibited from operating in any residential zoning district or in a residential unit.

Drive-throughs are not permitted with any establishment.

Street type restriction. Adult-use marihuana uses are not permitted to primarily front on Local Neighborhood or Enhanced Neighborhood street types.

Co-location. Where permitted, marihuana establishments may operate from a location shared with an equivalent licensed marihuana establishment. The following are required for this co-location.

Entrances to each establishment shall be physically separated.

Each establishment must have distinct and identifiable areas designated within the structure.

[c]

Each establishment suite or tenant space must have a separate address.

[d]

Each establishment must have separate inventory, recordkeeping, and point of sale operations.

A licensee may not operate a marihuana establishment at any place in the City other than the address provided in the application on file with the City Clerk.

A licensee must operate the licensed establishment in compliance with all applicable state and City regulations for that type of establishment.

Location criteria. All marihuana establishment types must meet the following location criteria, except safety compliance operations:

Required distance.

A marihuana establishment must not operate within 1,000 feet of a preexisting private or public school, providing education in kindergarten or any grades 1 through 12.

A marihuana establishment must not operate within 500 feet of a preexisting state-licensed childcare center, public playground, public pool, or youth center.

Measuring the required distance. The required distance is measured in a straight line from the nearest property line of a protected use to the nearest portion of the building or unit in which the marihuana establishment is located.

Shared location. Marihuana establishments may operate from a location shared with an equivalent licensed marihuana facility, except where a separation distance is required.

Grower establishments. Growers are licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments The three grower license types are Class A (authorized to grow up to 100 plants); Class B (authorized to grow up to 500 plants); and Class C (authorized to grow up to 2,000 plants). An excess grower holds five Class C adult use marihuana grower and at least two Class C medical marihuana grower licenses. In the zoning districts where a grower establishment is permitted with development standards, the following standards apply:

Class A grower establishments are permitted as follows:

In Zones Community Commercial (CC), Limited Manufacturing (M1), and General Manufacturing (M2).

In Zone CC, all grow operations must be conducted within an enclosed building.

Class B and Class C grower establishments are permitted in Zones Limited Manufacturing (M1), and General Manufacturing (M2).

Excess grower establishments are permitted in Zone General Manufacturing (M2).

Permitted outdoor activities. All grower facilities and operations must be within an enclosed building, except cultivation may occur in an outdoor area under the following conditions.

Area is contiguous with the facility building.

Area is fully enclosed by fences or barriers that block outside visibility of the marihuana plants from public view.

Marihuana plants cannot grow above the height of the fence or barrier.

The fence is secured and only accessible to authorized persons and emergency personnel.

Area is located at least 500 feet from a residential zone district.

Processor establishments. Processors are licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments. In the zoning districts where a processor establishment is permitted with development standards, the following standards apply:

Permitted in Limited Manufacturing (M1) and General Manufacturing (M2).

All processing operations must be conducted within an enclosed building.

Safety compliance operations establishment. Safety compliance establishments are licensed to test marihuana, including certification for potency and the presence of contaminants. In the districts where safety compliance facility is permitted with development standards, the following standards apply:

Permitted in the following zones: Community Commercial (CC), Community Commercial 2 (CC2), Live-Work 1 (LW1), Live-Work 2 (LW2), Downtown 3 (D3), Business Technology, and Research (BTR), Limited Manufacturing (M1), and General Manufacturing (M2).

Street type limitations. In Downtown 2 (D2), a safety compliance facility cannot be located in the occupied space along an Event/Festival and Urban Center street side of a building.

Secure transporter establishment. Secure transporter establishments are licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments. In the zoning districts where secure transporter establishment is permitted with development standards, the following standards apply:

Permitted in Zones Community Commercial (CC), Limited Manufacturing (M1), and General Manufacturing (M2).

In Zone CC, warehousing activity is only permitted as an accessory use to the principal permitted secure transporter use.

Retailer establishment. Retailer establishments are licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older. In the zoning districts where a retailer establishment is permitted with development standards, the following standards apply:

Permitted in Community Commercial (CC), Community Commercial 2 (CC2), Live-Work 1 (LW1) and Downtown Districts 1 through 3.

Permitted in Zones Limited Manufacturing (M1) and General Manufacturing (M2) when operated as part of a single establishment engaged in grower and processor operations.

All retailer activities must be conducted within an enclosed building.

A retailer is not permitted on the same property or parcel or within the same building where any of the following are located:

A package liquor store.

A convenience store that sells alcoholic beverages.

A fueling station that sells alcoholic beverages.

A separation distance of 1,000 feet is required from any other provisioning center or retailer, except when the retailer is co-located with a provisioning center, as provided by state regulations and this ordinance, and except in the following situations.

A separation distance of 500 feet is permitted when an applicant or a group of applicant-owners with 51% or more ownership in the retailer establishment is one of the following:

A City of Kalamazoo resident living within Census Tracts 1, 2.02, 3, 9, and 10 for the past three years.

A City of Kalamazoo resident with a marihuana conviction that does not involve distribution of a controlled substance to a minor.

A location shared with a licensed provisioning center.

A retailer is not allowed within 660 feet of the following intersections: East Cork Street and South Burdick Street, the intersection of East Cork Street and Portage Street, and the intersection of West Ransom Street and North Westnedge Avenue.

The consumption of marijuana products is not permitted on the premises of a retailer.

Microbusiness establishment. There are two types of microbusiness licenses. A microbusiness is licensed cultivate not more than 150 marihuana plants; process and package their own grown marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance establishment, but not to other marihuana establishments. Class A microbusinesses are similar, except that they are licensed to cultivate not more than 300 marihuana plants; process and package either their own plants or marihuana products obtained from other licensed processors. In the zoning districts where a microbusiness establishment is permitted with development standards, the following standards apply:

Permitted districts.

Class A microbusinesses are permitted in Zones Community Commercial (CC), Live-Work 2 (LW2), Limited Manufacturing (M1), and General Manufacturing (M2).

Microbusiness licenses are permitted in permitted in Community Commercial (CC), Community Commercial 2 (CC2), Live-Work 2 (LW2), Limited Manufacturing (M1), and General Manufacturing (M2).

In Zones Community Commercial (CC), Community Commercial 2 (CC2), and LW2, the following standards apply:

All business activities must be conducted within an enclosed building.

The use of any substances with a flash point below 100° F. for processing is prohibited.

A separation distance of 500 feet is required from another microbusiness establishment with the following exceptions:

A separation distance of 250 feet is permitted when an applicant or a group of applicant-owners with 51% or more ownership in the microbusiness establishment is one of the following:

A City of Kalamazoo resident living within Census Tracts 1, 2.02, 3, 9, and 10 for the past three years.

A City of Kalamazoo resident with a marihuana conviction that does not involve distribution of a controlled substance to a minor.

No separation distance is required within Zones Limited Manufacturing (M1) or General Manufacturing (M2).

Designated consumption establishment. A designated consumption establishment is a commercial space that is licensed for the consumption of marihuana products by persons 21 and older. In the zoning districts where a designated consumption establishment is permitted with development standards, the following standards apply.

Permitted in the following zones:

Community Commercial (CC).

Downtown 1 (D1), Downtown 2 (D2), Downtown 3 (D3). In D3, only when not located on an Enhanced Neighborhood or Local Neighborhood street type.

Indoor activities. Consumption of marihuana products must occur indoors.

A consumption establishment is not permitted on the same property or parcel or within the same building where any of the following uses are located:

A package liquor store.

A convenience store that sells alcoholic beverages.

A fueling station that sells alcoholic beverages.

Medical marihuana. A category of uses permitting medical marihuana facilities licensed to operate pursuant to the MMFLA and Chapter 20B of the City ordinances.

General provisions. The following apply to all medical marihuana facilities, unless otherwise noted.

General requirements.

All location criteria and required separation distances apply to both new medical marihuana facilities and to any proposed change in the location of an existing medical marihuana facility.

All location criteria and required separation distances apply to both medical marihuana facilities and similar protected uses located in adjacent governmental jurisdictions.

A medical marihuana facility must not operate in any residential zoning district or in a residential unit.

Drive-throughs are not permitted with any facility.

Street type restriction. Medical marihuana uses are not permitted to primarily front on Local Neighborhood or Enhanced Neighborhood street types.

Co-location. Where permitted, marihuana facilities may operate from a location shared with an equivalent licensed marihuana facility. The following are required for this co-location.

Entrances to each facility shall be physically separated.

Each facility must have distinct and identifiable areas designated within the structure.

[c]

Each facility suite or tenant space must have a separate address.

[d]

Each facility must have separate inventory, recordkeeping, and point of sale operations.

A licensee may not operate a marihuana facility at any place in the City other than the address provided in the application on file with the City Clerk.

A licensee must operate the licensed facility in compliance with all applicable state and City regulations for that type of facility.

Location criteria. All marihuana facility types must meet the following location criteria from protected uses, except safety compliance facilities.

Required distance.

A marihuana facility must not operate within 1,000 feet of a preexisting private or public school providing education in kindergarten or any grades 1 through 12.

A marihuana facility must not operate within 500 feet of a preexisting state-licensed child-care center, public playground, public pool, or youth center.

Shared location. Marihuana facilities may operate from a location shared with an equivalent licensed marihuana establishment, except where a separation distance is required.

Grower facility. A licensee that is a commercial entity located in this state that cultivates, dries, trims or cures and packages marihuana for sale to a processor or provisioning center. The three grower license types are Class A (authorized to grow up to 500 plants); Class B (authorized to grow up to 1,000 plants); and Class C (authorized to grow up to 1,500 plants). In the districts where grower facility is permitted with development standards, the following standards apply:

Grower facilities are permitted in Limited Manufacturing (M1) and General Manufacturing (M2).

Permitted outdoor activities. All grower facilities and operations must be within an enclosed building, except cultivation may occur in an outdoor area under the following conditions.

Area is contiguous with the facility building.

Area is fully enclosed by fences or barriers that block outside visibility of the marihuana plants from public view.

Marihuana plants cannot grow above the height of the fence or barrier.

The fence is secured and only accessible to authorized persons and emergency personnel.

Area is located at least 500 feet from a residential zone district.

Multiple facilities on a lot. The following applies for multiple facilities on one lot.

Except as permitted by state regulatory rules for Class C growers, only one medical marihuana grower facility license is allowed per parcel or lot.

Licensees may occupy the same premises if holding separate grower and processor licenses for the premises.

Processor facility. A licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center. In the districts where processor facility is permitted with development standards, the following standards apply:

A processor facility is permitted in Limited Manufacturing (M1) and General Manufacturing (M2).

Only one medical marihuana processor facility license permitted per parcel or lot.

All processing operations must be conducted within an enclosed building.

Licensees may occupy the same premises if holding separate grower and processor licenses for the premises.

Secure transporter facilities. A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee. In the districts where a secure transporter facility is permitted with development standards, the following standards apply:

A secure transporter facility is permitted in Community Commercial (CC), Limited Manufacturing (M1), and General Manufacturing (M2).

In Zone CC, warehousing activity is only permitted as an accessory use to the principal permitted secure transporter use.

Safety compliance facility. A licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. In the districts where safety compliance facility is permitted with development standards, the following standards apply.

Permitted in the following zones: Community Commercial (CC), Community Commercial 2 (CC2), Live-Work 1 (LW1), Live-Work 2 (LW2), Downtown 3 (D3), Business, Technology, and Research (BTR), Limited Manufacturing (M1), and General Manufacturing (M2).

Street type limitations. In Downtown 2 (D2), a safety compliance facility cannot be located in a building's occupied space fronting an Event/Festival or Urban Center street.

Provisioning center. A licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance with the Michigan Medical Marihuana Act, MCLA § 333.26421 et seq., is not a provisioning center for purposes of this article. In the districts where provisioning center facility is permitted with development standards, the following standards apply:

Permitted in the following zones:

Community Commercial (CC), Live-Work 1 (LW1), and Community Commercial 2 (CC2) Districts.

Live-Work 1 (LW1) and Community Commercial 2 (CC2) when not located on an Enhanced Neighborhood or Local Neighborhood Street street type.

Downtown 1 (D1), Downtown 2 (D2), Downtown 3 (D3). In D3, only when not located on an Enhanced Neighborhood or Local Neighborhood Street street type.

Only one provisioning center license is permitted per parcel or lot.

All provision center activities must be conducted within an enclosed building.

A provisioning center is not allowed within 660 feet of the following intersections: East Cork Street and South Burdick Street, the intersection of East Cork Street and Portage Street, and the intersection of West Ransom Street and North Westnedge Avenue.

A separation distance of 1,000 feet is required from any other provisioning center or retailer, except when the provisioning center is co-located with a retailer as provided by state regulations and this subsection.

A provisioning center is not permitted on the same property or parcel or within the same building where any of the following are located:

A package liquor store.

A convenience store that sells alcoholic beverages.

A fueling station that sells alcoholic beverages.

§ 50-4.5 Accessory uses and structures.

The consumption of marihuana products is not permitted on the premises of retail facility.

General provisions. Accessory uses and structures listed in Table 4.5-1 are permitted in the following ways:

Permitted. Uses in the table noted with "P" are permitted by right in the zoning district(s) in which they are listed.

Permitted, development standards required. Uses in the table noted with "PD" are permitted by right in the zoning district(s) in which they are listed, provided that they are developed with the listed development standards. The development standards listed for a use are intended to manage any potential impacts associated with it, making it appropriate in a location where it might otherwise have not been allowed.

Special use. Uses in the table noted with "S" are permitted with the approval of a special use permit from the Planning Commission in the zoning district(s) in which they are listed.

Table 4.5-1 Accessory Uses and Structures
Key:
P = Permitted
S = Special Use
PD = Permitted - Development Standards Required
Uses and Structures	District
	Node	LV1	LV2	D1	D2	D3	Com Node	CC2	CC	All R
Accessory dwelling units (ADU)	PD	PD	PD		PD	PD	PD	PD	PD	PD
Agriculture	PD	PD	PD	PD	PD	PD	PD	PD	PD
Drive-through	PD	PD	PD		PD	PD	PD	PD	PD
Food truck	PD	PD	PD		PD	PD	PD	PD	PD
Home occupation	PD	PD	PD	PD	PD	PD	PD	PD	PD	PD
Kiosk	PD	PD	PD		PD	PD	PD	PD	PD
Outdoor storage	PD	PD	PD				PD	PD	P
Poultry/rabbits	PD	PD	PD	PD	PD	PD	PD	PD	PD	PD
Secondary building	PD	PD	PD	PD	PD	PD	PD	PD	PD	PD
Sidewalk cafe	PD	PD	PD	PD	PD	PD	PD	PD

Unlisted uses and structures. Uses not listed in Table 4.1-5 shall be interpreted as follows:

Unlisted similar uses. If a use or structure is not listed but is similar in character and impact to one that is permitted, permitted with development standards, or permitted with a special use permit, it may be interpreted by the City Planner as similar.

Unlisted dissimilar uses. If a use or structure is not listed and cannot be interpreted as similar to one listed, the use is not permitted.

Development requirements. All accessory structures will meet the following standards, unless otherwise noted.

Front yard. Accessory structures are not permitted in the front yard unless otherwise noted.

Corner side yard. Accessory structures shall be set back 15 feet from a corner side property line or the setback distance of the principal structure if it is less than 15 feet, unless otherwise stated in this article.

Setback. Accessory structures shall be set back three feet from side and rear property lines.

Height. Accessory structures shall not exceed the height of the principal structure unless otherwise stated in this article.

Lot coverage. Accessory structures count toward a lot's impervious coverage. Placement of an accessory structure cannot make a lot exceed its impervious coverage requirement.

Use definition and standards. The following details the accessory uses and structures listed in Table 4.5-1 and detail any development standards necessary.

Accessory dwelling unit: a secondary dwelling unit on a lot; it may be located in a secondary building and interior to the principal building.

Units in secondary buildings.

Quantity. One accessory dwelling unit in a primary structure is permitted per lot.

Maximum unit size. The maximum unit size is 950 square feet.

Interior units: An interior accessory dwelling unit is located in the primary dwelling structure with a separate exterior entrance.

Quantity. One accessory dwelling unit interior to a principal building is permitted.

Maximum unit size. The maximum unit size is less than or equal to 30% of the square footage of the primary residential unit or 600 square feet, whichever is larger.

Parking. Space for one car per accessory dwelling unit is required. On-street parking, if available overnight, can be used to meet this requirement if located within 660 feet.

Agriculture: 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 as an accessory use on the lot. In the districts where agriculture is permitted with development standards (PD), the following standards apply.

Agriculture as an accessory use shall not prevent a lot from meeting its lot type or dimensional requirements; refer to Article 5, Zoning Standards; Lot Types.

Agriculture as an accessory use is permitted in all yards.

Agriculture as an accessory use is permitted within a building, provided that it is not in the occupied space of a building; it is permitted on a building's roof.

Drive-through. Drive-throughs provide service to customers who remain in their vehicles and may be used in conjunction with a variety of uses including financial institutions and restaurants. In the districts where a drive-through is permitted with development standards (PD), the following standards apply: Refer to Figure 4.5-1, Drive-Through Design.

Figure 4.5-1. Drive-Through Design

Permitted locations. A drive-through is permitted as follows:

Nodes, Downtown 2, and Downtown 3. A drive-through is permitted only in the rear yard, fully screened from property lines by structure, screening and/or landscaping.

Community Commercial (CC). A drive-through is permitted in the side and rear yards, screened from property lines by structure, screening, and/or landscaping, and corner side yards.

Other districts. A drive-through is permitted in the rear yard. If the lot does not front Neighborhood Network and Neighborhood Business streets, a drive-through is also permitted in the side yard when screened from property lines by structure, screening, and/or landscaping.

Landscape screening. Screening is required; refer to § 50-8.4.

Stacking space. A minimum of three stacking spaces are required, measured from the drive-through window or entrance into the stall or loading area.

Food truck: vehicle or trailer used to prepare and/or serve food. In the districts where a food truck is permitted with development standards (PD), an approved site plan is required as follows:

Single food truck. Site plan approval is required when one food truck operates on a lot three or more days a week for a period of five or more consecutive weeks and utilizes the lot's utilities, such as electrical or water services.

Multiple food trucks. Site plan approval is required if multiple food trucks operate on a lot three or more days a week for a period of five or more consecutive weeks.

Permanent food truck lot. Permitted permanently with or without a primary structure. The outdoor market lot type standards shall be followed. Refer to § 50-5.6I, Lot type: outdoor market.

Home occupation: types of work that can be conducted in a residence with little to no impact on the surrounding lots. Home occupations are secondary to the primary use of the lot, residential.

Prohibited uses. Prohibited uses include animal boarding, dispatch center, restaurants, sale or storage of firearms, outdoor storage, vehicle or large equipment storage and repair, and all uses listed under High Hazard Group H Uses in the Building Code.

Resident-operator. The operator of the home occupation must be a full-time resident of the dwelling unit in which the business is associated.

Employees. A maximum of two nonresident employees are permitted on the premises at one time.

Signs. No more than one nameplate sign is permitted with a maximum size of one square foot. It may not be internally illuminated.

Secondary building. A home occupation may be located in a secondary building.

Exterior building appearance. No exterior building changes are permitted; there must be no visible evidence of the existence of a home occupation beyond the permitted signage, including outdoor storage of materials related to the use.

Operational impacts. No home occupation or equipment used with a home occupation may cause odor, vibration, noise, electrical interference, interference or fluctuation in voltage measured at the lot line.

(h)

Customers. Customers or clients are permitted at the home occupation during the hours of 8:00 a.m. to 8:00 p.m.

No more than two customers or clients are permitted at a given time, except in the case of classes, such as art, music, cooking, or fitness classes, where up to four clients are permitted at one time.

A special use permit is required for a home occupation providing classes with five or more clients at a time.

(i)

Customer parking. Customer parking may occur off-street or on-street, where permitted.

(j)

Deliveries. Deliveries are permitted during the hours of 8:00 a.m. to 8:00 p.m. and are permitted through the common residential delivery services.

(k)

In-home day-care facility. In-home day-care facility is a permitted home occupation. There are two types: a family day-care serving up to six participants and a group day-care serving seven to 12 participants.

An active license is required to operate any size in-home day-care.

Group day-care facilities require approval through a special use permit.

Refer to § 50-4.4C(3), Day-care center, for outdoor play area requirements.

(l)

Medical marihuana. Medical marihuana is a permitted home occupation when a primary caregiver is registered with the State of Michigan to assist with a qualifying patient's use of medical marihuana. In the districts where medical marihuana is permitted or is permitted with development standards (PD), the following standards apply:

Michigan Medical Marihuana Act compliance. The medical use of marihuana and marihuana-infused products shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, 2008 Initiated Law No. 1, MCLA § 333.26421 et seq. (Act) and the Administrative Rules promulgated by the State of Michigan ("Administrative Rules") pursuant to the Act, as they may be amended from time to time.

Location criteria. Medical marihuana as a home occupation must comply with the following location criteria.

A primary caregiver must be located 1,000 feet from an existing public or private elementary, vocational, or secondary school; public or private college, junior college, or university; playground; housing facility owned by a public housing authority; or public library or private library open to the public.

A primary caregiver must be 100 feet from an existing public or private youth center, public swimming pool, or video arcade facility to ensure community compliance with state and federal Drug-Free School Zone requirements.

Number of caregivers. One primary caregiver is permitted within a dwelling unit to service qualifying patients who do not reside with the primary caregiver.

Number of patients permitted. A primary caregiver is permitted up to five qualifying patients.

Consent of the property owner. If the primary caregiver is not the owner of the property in which they live and operate from, written consent must be obtained from the property owner to ensure the owner's knowledge of the use of the premises as permitted and the primary caregiver shall maintain written proof that the use of the property as a home occupation under this section is not prohibited by the property owner.

Growing. All medical marihuana plants shall be secured in one of the following ways.

Contained within a structure that is an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the primary caregiver or qualifying patient.

Plants cultivated outdoors must be fully enclosed by fences or barriers that blocks the plants from public view, with no plants visibly growing above the fence or barrier, and the fence or barrier is locked or otherwise secured to limit access only to the primary caregiver or qualifying patient engaged in cultivating the plants.

Processing. The separation of plant resin from a marihuana plant using any substances with a flashpoint below 100° F. for processing is prohibited.

Lighting. If a room with windows is utilized as a marihuana-growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties.

[9]

Required permits. All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring lighting, and/or watering devices are located, installed or modified that support the cultivation, growing or harvesting of marihuana.

[10]

Nothing in this subsection, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that Act and the Administrative Rules and this subsection. Also, since federal law is not affected by that Act or the Administrative Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. Neither this ordinance nor the Michigan Medical Marihuana Act protects users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.

Kiosk: semipermanent structure that permits a variety of general retail and service uses; may be associated with the use of shipping containers or pop-up shops and sheds; may also be referred to as "vendor pods." In the districts where a kiosk is permitted with development standards (PD), the following is required.

Site plan. An approved site plan is required when two or more kiosks are being located on a lot for a period of more than four weeks.

Permanent kiosk lot: permitted permanently with or without a primary structure. The outdoor market lot type: refer to § 50-5.6I.

Outdoor storage. Storage of goods for sale or items related to the use(s) on the lot located outside of a structure. In the districts where outdoor storage is permitted with development standards (PD), the following standards apply:

Maximum size. Outdoor storage is permitted in an area no greater than 10% of the total lot area; in Live-Work 1 (LW1), no greater than 5% is permitted.

Location. Storage is permitted in the rear yard or side yard.

Screening. Storage must be screened from view from all property lines. Refer to § 50-8.4.

Poultry and rabbits. Poultry and rabbits are permitted as follows:

Location. The coop, hutch, or pen must be located as follows:

Permitted in the side or rear yards.

Must be set back 10 feet from all property lines.

Must be located a minimum of 15 feet from an adjacent lot’s primary structure.

Sanitary conditions. The coop or pen must be kept in a sanitary condition, free of odors.

Roosters. Keeping of roosters is not permitted.

(9)

Secondary building. Secondary buildings include such structures as detached garages, sheds, accessory dwellings, greenhouses, and hoop houses. In the districts where secondary buildings are permitted with development standards (PD), the following standards apply:

Height. Secondary buildings can be up to two stories in height. Refer to Figure 5.3-1, Measuring Height.[1]

Editor's Note: Figure 5.3-1, Measuring Height, is included in 50-5.3.

Agricultural uses. A secondary building associated with an agriculture use, such as a greenhouse, hoop house, or shed, shall set back at least 10 feet from the front and corner side property lines.

Garage. Secondary buildings serving as garages or car ports are permitted in corner side yards with a setback of 10 feet from the corner side property line or the setback distance of the principal structure if it is less than 15 feet.

(10)

Sidewalk cafe: outdoor eating areas permitted within the right-of-way and on the property in question. In the districts where a sidewalk cafe is permitted with development standards (PD), the following standards apply.

Clear pedestrian pathway. A minimum pedestrian pathway width of five feet must be maintained free of all obstacles. This clear pedestrian pathway shall be located adjacent to the building facade unless otherwise approved through the City Planner.