The following terms are defined for this chapter.
AGRICULTUREGrowing of food crops indoors or outside for personal use, donation, or sale, excluding the growth of marihuana plants for medicinal or recreational purposes.
ALLEYA public or private right-of-way intended for accessing rear, and occasionally side yards, utilities, trash pickup, and vehicular access to parking or loading areas. The City Planner can approve having existing court streets serve the same functions as alleys, as it relates to the requirements of this Code.
BASAL AREAA method of determining woodland density by measuring the cross-sectional area of individual tree stems over a particular unit area.
BEST MANAGEMENT PRACTICES (BMP)Commercial or professional procedures that are generally accepted or prescribed industry standards as being correct or most effective.
BUILD-TO ZONEThe 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 13-1, 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.
COURTYARDAn open-to-the-sky outdoor area enclosed by a building on at least two sides. Parking is not permitted in a courtyard.
CRITICAL ROOT ZONE (CRZ)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 1.3-2, Measuring Critical Root Zone.
Figure 1.3-2 Measuring Critical Root Zone |
To propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
DEVELOPThe construction, removal, or renovation of a primary or accessory structure or other impervious surfaces on a lot.
DIAMETER AT BREAST HEIGHT (DBH)The diameter of a tree trunk measured at 4.5 feet above ground level. Refer to Figure 1.3-3, Measuring DBH.
Figure 1.3-3 Measuring Diameter at Breast Height |
A. Includes any of the following:
(1) Placement or removal of impervious surface or structure;
Exposure or movement of soil, including removal or addition of soil or other natural or manufactured materials; or
Clearing, cutting, or removing of vegetation;
Except when any of these activities is done in order to maintain or improve ecosystem health, mitigate or prevent erosion and sedimentation, or mitigate harm, such as by removal of invasive or diseased vegetation, to the natural feature.
EATING AND DRINKING ESTABLISHMENTA type of general service use [Refer to §
50-4.4C(6).] for the sale of prepared food and beverages to be consumed on- or off-site. Examples of eating and drinking establishments include: cafes, coffee shop, brewpub, tavern, lounge, restaurant, and take-out.
A biological community of interacting organisms and their physical environment.
ENDANGERED SPECIESAny 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.
ENTRANCE TREATMENTThe permitted treatments of the ground-story facade, including entrance and window transparency. Refer to §
50-5.2, Entrance treatment.
Any of the following when held by a single licensee:
A. 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.
FACADEThe 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, STREET-FACINGFacade of a building facing a public or private space, such as a street or park. Facades facing a nonmotorized trail or pedestrian pathway will also be treated as a street-facing facade when adjacent to a downtown, live work, node, or residential-multiple-family zoning district. This does not include building facades along alleys, which would be considered rear facades.
FOOTCANDLEA unit of illumination or light intensity defined as one lumen per square foot.
GROCERY STOREA type of retail use that includes the sale of food, food products, beverages, and household items. A grocery store has a minimum total square footage of 5,000 square feet of which at least 30% or 3,000 square feet, whichever is greater, is dedicated to the sale of a combination of food, including fresh fruit, fresh vegetables, and dairy; food products; nonalcoholic beverages; and household items, such as pet supply, hardware, and over-the-counter medical items.
HABITATThe natural home or environment of an animal, plant, or any other living organism.
HABITAT CORRIDORAn 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.
INVASIVE SPECIESAny living organism that is not native to an ecosystem and causes the ecosystem harm.
LOT OF RECORDA lot created in a subdivision plat as shown on the records of the Kalamazoo County Register of Deeds or a lot or parcel which is described by metes and bounds and has been recorded at the office of the Kalamazoo County Register of Deeds.
LOT TYPEDescribes the set of standards that regulate development in the form-based zoning districts, such as the Downtown and Live Work Districts, including building siting, form, facade treatment, parking and access, and use. Refer to §
50-5.6, Lot type standards.
As defined in Section 3 of the MRTMA MCLA § 333.27953.
MARIHUANA-INFUSED PRODUCTSA 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.
MASTER PLANCity of Kalamazoo guiding document that outlines the community's vision primarily as it relates to land use and transportation.
MMFLAThe acronym for the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, MCLA § 333.27101 et seq.
MRTMAThe acronym for the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCLA § 333.27051 et seq.
NATIVARA cultivar of a native plant species.
NATIVE SPECIESA 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 Code, a "particular place" is defined as Kalamazoo County.
NATURAL COMMUNITIESGroups of plants and animals and their physical environment that have experienced minimal human-caused disturbance or recovered from that disturbance.
NATURAL FEATURESFeatures defined in the Natural Feature Protection Overlay in §
50-6.1, specifically wetlands, water resources, trees, woodlands, floodplains, slopes, natural heritage areas, and habitat corridor.
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.
NREPAThe acronym for Michigan's Natural Resources and Environmental Protection Act, 451 of 1994, as amended, MCLA §§ 324.101 through 324.90106.
OCCUPIED SPACEThe 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 §
50-5.4, Uses.
Nonwoody plants and wildflowers other than grasses.
ORDINARY HIGH-WATER MARKThe upper limit that the water level reaches during regular changes in water level. Refer to Figure 6.2-1, Wetland and Water Resources Setbacks.
PARCEL, PARENTThe parcel or tract of land lawfully in existence on the effective date of the Natural Features Protection Overlay District. As used in this definition the terms "parcel" and "tract" are as defined in Land Division Act, MCLA 560.102.
PLAYGROUNDAny outdoor facility (including any related parking lot) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatuses intended for the recreation of children, including, but not limited to, sliding boards, swing sets, and teeterboards.
PRESERVEAn 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.
PROCESS or PROCESSINGA term related to marihuana production. 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.
PROPERTY LINEAlso referred to as "lot line." Refer to Figure 1.3-1, Build-to Zone, Property Lines, and Yards.
PROPERTY LINE, FRONTAlso referred to as a "front lot line." The intersection of a right-of-way and the property or lot; the location from which the front build-to zone is set. Refer to Figure 1.3-1, Build-to Zone, Property Lines, and Yards.
A. When a primary street abuts a through or corner lot, the front property line is that property line along the primary street.
When a lot abuts two or more primary streets or does not abut any primary streets, the front property line shall be determined by the City Planner.
RESTORATIONThe process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed.
RUNOFFThe portion of precipitation that does not soak into the ground or evaporate.
SCALETypically defined by the adjacent buildings and rights-of-way, "scale" refers to the size or massing of a structure or street.
SEMIPERVIOUS MATERIALSA 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.
SIGNA structure, device, letter, word, model, banner, balloon, pennant, insignia, emblem, logo, painting, placard, poster, trade flag or representation, illuminated or nonilluminated, that is visible from a public place, including, but not limited to, highways, streets, or public property, or is located on private property and exposed to the public, that directs attention to a product, service, place, activity, person, institution, business or solicitation. Refer to Article 9, Signs.
SIGN, ABANDONEDA sign that no longer correctly advertises or directs a person to an active business, person, goods, product, activity or service.
SIGN, CHANGEABLE COPYIncludes both those with a message changed manually or automatically, the latter being defined as "electronic message displays."
SIGN, COLD-AIR INFLATABLE BALLOONA temporary and portable sign composed of a nonporous bag of tough, light-weight material filled with unheated oxygen that may or may not float in the atmosphere.
SIGN, ELECTRONIC MESSAGE DISPLAYA sign or portion of a sign that displays an electronic image or video, which may or may not include text, including any sign or portion of a sign that uses changing lights or similar forms of electronic display, such as LED to form a sign message with text and/or images wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. This definition includes without limitation television screens, plasma screens, digital screens, flat screens, LED displays, video boards, and holographic displays. The following definitions are related to electronic message displays:
A. DISSOLVE or FADEA type of message transition on an electronic message display sign created by varying the light intensity or pattern, where the first message gradually appears to fade away while another message appears.
FLASHA mode of message transition on an electronic message display sign created by varying the light intensity, where the message instantly and repeatedly reduces or increases intensity.
SCROLLA mode of message transition on an electronic message display sign accomplished by the movement of a message.
SIGN, HELIUM-INFLATABLE BALLOONA temporary and portable sign composed of a nonporous bag of tough, light material filled with helium that may or may not float in the atmosphere.
SIGN, MULTIPLE TENANTA freestanding sign that is comprised of a sign structure that includes multiple panels or signs for multiple users.
SIGN, OFF-PREMISES STRUCTURESA freestanding column, including associated supports and framework, that supports an off-premises sign independent of any building.
SIGN, ON-PREMISESA sign identifying or advertising a business, person, activity, or service located on the premises where the sign is located.
SITE CHARACTERISTICSMinor, physical development features on a lot, including signage, landscaping, parking, driveway location, and other physical, but nonstructural elements of a site.
SLOPEThe area of the ground's surface where there is a change in elevation over a horizontal distance.
SLOPE ANALYSISAn analysis based upon a topographic survey used to calculate the grade of slopes.
SLOPE FACEThe surface area of the slope from top to toe of slope. Refer to Figure 1.3-4, Parts of a Slope.
Figure 1.3-4 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.
SLOPE, TOE OFThe lowest part of a slope. Refer to Figure 1.3-4, Parts of a Slope.
SLOPE, TOP OFThe highest part of a slope. Refer to Figure 1.3-4, Parts of a Slope.
STORMWATER BEST MANAGEMENT PRACTICES (BMP)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.
STORMWATER RUNOFFRunoff and any other surface water drainage that flows into natural or man-made drainageways.
STORY, GROUNDAlso referred to as "ground floor." The first floor of a structure that is level to or slightly elevated above the finished grade, measured at the front and corner facades. This excludes partially aboveground basement areas, considered a half-story. Refer to Figure 5.3-1, Measuring Height, and §
50-5.3, Height.
A floor located partially below grade and partially above or a floor located within the roof structure facing that has transparency facing a street. Refer to Figure 5.3-1, Measuring Height, and §
50-5.3, Height.
The floors of a structure located above the ground story. Also referred to as "upper floor."
STREET TYPE, CITY CONNECTORCity Connector street types are located near the edges of the City, often serving as a transition from highways or more rural roadways into the City proper. They support an intense auto-oriented mix of land uses that are designed to be predominantly accessed by personal vehicle. Refer to the Street Design Manual for design standards.
STREET TYPE, COMMERCIAL BUSINESSCommercial Business street types are located on significant transportation corridors, often passing through commercial nodes that are more suburban or auto-oriented, compared to Neighborhood Business street types and Neighborhood Nodes. They are designed to balance auto-oriented areas with those that are transitioning to more pedestrian friendly and mixed use. Refer to the Street Design Manual for design standards.
STREET TYPE, ENHANCED NEIGHBORHOODEnhanced Neighborhood street types are found in the interior of neighborhoods, often serving as an internal spine for neighborhood connections by all travelers. Enhanced Neighborhood streets provide access to and through neighborhoods and often have higher traffic volumes than the adjacent local neighborhood streets. Predominantly residential in nature, these street can also support limited locations of additional uses, such as civic and institutional uses. Refer to the Street Design Manual for design standards.
STREET TYPE, EVENT/FESTIVALEvent/Festival street types are special streets within the City that are dominated by pedestrian-centric activity. Typically, they are curbless or designed as shared spaces, between cars, bikes, and pedestrian, enabling flexible use of the entire street corridor for special events. Event/Festival streets support mixed land use development. Refer to the Street Design Manual for design standards.
STREET TYPE, LOCAL NEIGHBORHOODLocal Neighborhood street types are lowest speed and volume street type. They predominantly support residential land uses. Refer to the Street Design Manual for design standards.
STREET TYPE, MAIN STREETMain Street street types balance a broad range of needs and demands: an inviting pedestrian-oriented streetscape, supportive spaces for adjacent businesses, parking, loading, cyclists, and transit riders. Main Streets constitute the majority of downtown and downtown-adjacent streets. Refer to the Street Design Manual for design standards.
STREET TYPE, NEIGHBORHOOD BUSINESSNeighborhood Business street types are typically major connecting streets in the City where clusters of small-scale, mixed-use nodes are located. These areas are walkable, supporting a mix of uses and travel modes. Refer to the Street Design Manual for design standards.
STREET TYPE, NEIGHBORHOOD NETWORKNeighborhood Network street types are primary transportation corridors that provide connectivity between neighborhoods. Predominantly residential in nature, they can support limited areas of additional uses. Refer to the Street Design Manual for design standards.
STREET TYPE, URBAN CENTERUrban Center street types are highly active streets with an intense combination of active ground-floor uses, pedestrian activity, and vehicle volumes. Urban Center streets are found in Downtown Kalamazoo. Refer to the Street Design Manual for design standards.
STREET WALLThe collection of building facades along a street. These facades help to define the area of the street.
STREET, PRIMARYNot a street type, but a tool that guides the designation of front or corner side property lines or yards, locating building entrances, and facade treatments. A primary street has priority over other streets.
STREET, SECONDARYNot a street type, but a tool that guides the designation of front or corner side property lines or yards, locating building entrances, and facade treatments. 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 building facade requirements, refer to §
50-5.6, Lot type standards.
The types of rights-of-way and associated treatment of vehicular, transit, bicycle, and pedestrianways within, as envisioned by the 2025 Master Plan and detailed in the Street Design Manual. The street types are defined and illustrated in the Street Design Manual and include: City Connector, Event/Festival, Urban Center, Downtown Main, Commercial Business, Neighborhood Business, Neighborhood Network, Enhanced Neighborhood, and Local Streets. Refer to Figure 1.2-2 Street Types Map.
STRUCTURE, ACCESSORYA 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 typically 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, walkways and structures.
SURFACE, PERVIOUSAn area that allows for the absorption of water into the ground or vegetation, including grass, dirt, landscaping, or natural areas. Also referred to as "permeable area."
SURFACE, SEMIPERVIOUSAn 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
THREATENED SPECIESAny species recognized by the State of Michigan and/or federal government which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
TURF GRASSAny variety of commercial grasses grown and maintained to form turf.
UNDERSTORYThe layer or layers of woody vegetation, including understory trees and shrubs, that naturally grow beneath a tree canopy.
USABLE OUTDOOR SPACEOutdoor open space that can be functionally used by tenants or residents of a building with which it is associated. Examples include: private or shared balconies, patios, porches, dog run, play area, and other similar outdoor spaces.
USE, ACCESSORYMay 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.
USE, PRIMARYMay 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.
VEGETATED BUFFERA permanent, maintained strip of vegetation designed to help absorb and slow the velocity of surface stormwater runoff, and filter out sediment and other pollutants.
WETLAND DETERMINATIONAn 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."
WILD-TYPEA 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.
YOUTH CENTERAny 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.
ZONING DISTRICT, BASEAlso referred to as "underlying zoning." The zoning regulations applied to a parcel according to the Zoning Map. Refer to Article 3, Zoning Districts.
ZONING DISTRICT, OVERLAYA set of standards placed on a parcel in addition to the standards of the base zoning district. Refer to Article 3, Zoning Districts.
