A.
The intent of these requirements is to:
(1)
Create a flexible, market-driven approach to the districts defined
to promote public health, safety, and general welfare.
(2)
Realize the community's vision as detailed in the Master Plan, including
permitting a variety of uses, increased variety of housing infill,
and promoting active walkable nodes and corridors through the inclusion
of building form requirements.
B.
This document should reflect the current adopted Master Plan; if
substantial changes occur, this text should be reviewed and amended.
A.
Zoning Maps. The zoning districts detailed in these regulations are
mapped according to Figure 1.2-1. (NOTE: A digital version of this
map is available on line through the City's eCode360® and GIS
sites; paper versions o the map can be found in the Planning Division's
office.)Throughout this Code, many standards are tied to both the
mapped zoning districts and the street type; the street types are
mapped according to Figure 1.2-2.
(1)
Maps.
 Figure 1.2-1 Zoning Map
|
Figure 1.2-2 Street Type Map
|
C.
Existing structures. The standards in this document apply to both
new and existing buildings, as detailed in each article. The form-based
zoning districts are intended to allow existing structures to remain
while integrating new development through the use of the form-based
standards.
The following terms are defined for this chapter.
Growing of food crops indoors or outside for personal use,
donation, or sale, excluding the growth of marihuana plants for medicinal
or recreational purposes.
A 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.
A method of determining woodland density by measuring the
cross-sectional area of individual tree stems over a particular unit
area.
Commercial or professional procedures that are generally
accepted or prescribed industry standards as being correct or most
effective.
The designated area on a lot that the front or corner side
facade of a building must be located. The zone dictates the minimum
and maximum distances a building may be placed from the front or corner
side lot line. Refer to Figure 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.
An open-to-the-sky outdoor area enclosed by a building on
at least two sides. Parking is not permitted in a courtyard.
The zone encompassing the majority of a tree's roots.
It is calculated by measuring the diameter of a tree trunk at breast
height and measuring outward from the trunk 18 inches for every inch
of trunk diameter. Refer to Figure 1.3-2, 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.
The construction, removal, or renovation of a primary or
accessory structure or other impervious surfaces on a lot.
The diameter of a tree trunk measured at 4.5 feet above ground
level. Refer to Figure 1.3-3, Measuring DBH.
 Figure 1.3-3 Measuring Diameter at Breast Height
|
A 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.
A method for gathering information about the plant density,
species diversity, and/or condition of a woodland habitat.
Any species recognized by the State of Michigan and/or federal
government as being in danger of extinction throughout all or a significant
portion of its range.
The permitted treatments of the ground-story facade, including entrance and window transparency. Refer to § 50-5.2, Entrance treatment.
Any of the following when held by a single licensee:
Grower license of any class under both the MRTMA and MMFLA;
Processor licenses under both the MRTMA and MMFLA;
Secure transporter licenses under both the MRTMA and MMFLA;
Safety compliance facility licenses under both the MRTMA and
MMFLA; and
A retailer license under the MRTMA and a provisioning center
license under the MMFLA.
The exterior face of a building, including but not limited
to the wall, windows, doorways, and design elements. The front facade
of a building faces the front property line.
Facade of a building facing a public or private space, such
as a street or park. 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.
A unit of illumination or light intensity defined as one
lumen per square foot.
Grasses, sedges, and rushes.
A 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.
The natural home or environment of an animal, plant, or any
other living organism.
An area of land containing wildlife habitat, generally native
vegetation, which joins or provides passage between two or more larger
areas containing similar wildlife habitat, and the entire corridor
thus formed.
As defined in Section 3 of the MRTMA MCLA § 333.27953.
Any living organism that is not native to an ecosystem and
causes the ecosystem harm.
A 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.
Describes 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.
An adult use marihuana commercial business operation licensed
pursuant to the MRTMA and permitted to operate by City ordinance.
A medical marihuana commercial business operation licensed
pursuant to the MMFLA and permitted to operate by City ordinance.
A topical formulation, tincture, beverage, edible substance,
or similar product containing marihuana and other ingredients and
that is intended for human consumption in a manner other than smoke
inhalation.
City of Kalamazoo guiding document that outlines the community's
vision primarily as it relates to land use and transportation.
The acronym for the Medical Marihuana Facilities Licensing
Act, Public Act 281 of 2016, MCLA § 333.27101 et seq.
The acronym for the Michigan Regulation and Taxation of Marihuana
Act, Initiated Law 1 of 2018, MCLA § 333.27051 et seq.
A cultivar of a native plant species.
A species that normally lives and thrives in a particular
place as a result of natural processes, not human introduction, disturbance,
or intervention. For the purposes of this Code, a "particular place"
is defined as Kalamazoo County.
Groups of plants and animals and their physical environment
that have experienced minimal human-caused disturbance or recovered
from that disturbance.
Features defined in the Natural Feature Protection Overlay 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.
The acronym for Michigan's Natural Resources and Environmental
Protection Act, 451 of 1994, as amended, MCLA §§ 324.101
through 324.90106.
The first 15 feet inside a building measured from the front facade and on corner side facades. In this space, uses such as interior parking, residential units, storage, or utility areas may be restricted. Refer to § 50-5.4, Uses.
Nonwoody plants and wildflowers other than grasses.
The upper limit that the water level reaches during regular
changes in water level. Refer to Figure 6.2-1, Wetland and Water Resources
Setbacks.[1]
The 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.
Any 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.
An area of land under common ownership by a tax-exempt nonprofit
organization where a management plan for conservation, wildlife, historic
resources, or ecological resources or values is actively implemented.
A 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.
Also referred to as "lot line." Refer to Figure 1.3-1, Build-to
Zone, Property Lines, and Yards.
Also referred to as a "front lot line." The intersection
of 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.
The process of assisting the recovery of an ecosystem that
has been degraded, damaged, or destroyed.
The area adjacent to a water resource or wetland.
The portion of precipitation that does not soak into the
ground or evaporate.
Typically defined by the adjacent buildings and rights-of-way,
"scale" refers to the size or massing of a structure or street.
A ground surface covering that allows for at least 40% absorption
of water into the ground or vegetation, such as porous pavement, pavers,
crushed stone, or gravel.
A 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.
A sign that no longer correctly advertises or directs a person
to an active business, person, goods, product, activity or service.
Includes both those with a message changed manually or automatically,
the latter being defined as "electronic message displays."
A 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.
A 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:
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.
A 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.
A freestanding sign that is comprised of a sign structure
that includes multiple panels or signs for multiple users.
A sign other than an on-premises sign.
A freestanding column, including associated supports and
framework, that supports an off-premises sign independent of any building.
A sign identifying or advertising a business, person, activity,
or service located on the premises where the sign is located.
Minor, physical development features on a lot, including
signage, landscaping, parking, driveway location, and other physical,
but nonstructural elements of a site.
The area of the ground's surface where there is a change
in elevation over a horizontal distance.
An analysis based upon a topographic survey used to calculate
the grade of slopes.
The surface area of the slope from top to toe of slope. Refer
to Figure 1.3-4, 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.
The lowest part of a slope. Refer to Figure 1.3-4, Parts
of a Slope.
The highest part of a slope. Refer to Figure 1.3-4, Parts
of a Slope.
Tools used to prevent or reduce stormwater runoff and/or
associated pollutants as determined by professional associations,
State of Michigan, or federal government, such as the Michigan Low
Impact Development Manual.
Runoff and any other surface water drainage that flows into
natural or man-made drainageways.
Also referred to as "ground floor." The first floor of a
structure that is level to or 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,[2] 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."
City 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.
Commercial 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.
Enhanced 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.
Event/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.
Local 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.
Main 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.
Neighborhood 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.
Neighborhood 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.
Urban 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.
The collection of building facades along a street. These
facades help to define the area of the street.
Not 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.
Not 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.
A structure that contains a secondary or accessory use on a lot. Accessory structures are typically smaller in size than the primary structure and located toward the rear of the lot. Refer to § 50-4.5, Accessory uses and structures.
A structure that contains the lot's primary use and is 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.
An 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."
An area that allows for at least 40% absorption of water
into the ground or vegetation. Semipervious materials can include
such materials as porous pavement, pavers, crushed stone, or gravel
Any species recognized by the State of Michigan and/or federal
government which is likely to become an endangered species within
the foreseeable future throughout all or a significant portion of
its range.
Any variety of commercial grasses grown and maintained to
form turf.
The layer or layers of woody vegetation, including understory
trees and shrubs, that naturally grow beneath a tree canopy.
Outdoor 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.
May also be referred to as "secondary use." This use typically
takes up less space than the principal use and is often located in
an accessory structure or in side or rear yards.
May also be referred to as the "principal use." The dominant
use of a lot. It is typically located in the lot's primary structure
along the front property line.
A permanent, maintained strip of vegetation designed to help
absorb and slow the velocity of surface stormwater runoff, and filter
out sediment and other pollutants.
An on-site investigation to determine whether the presence
of water, hydric soils, and wetland vegetation occur in such a manner
as to meet the definition of a "wetland."
A straight species native plant that has not been commercially
cultivated for a specific characteristic, which provides for natural
genetic diversity, disease resistance, climate resiliency, and reliable
pollinator habitat.
Any recreational facility and/or gymnasium (including any
parking lot appurtenant thereto), intended primarily for use by persons
under 18 years of age, which regularly provides athletic, civic, or
cultural activities.
Also referred to as "underlying zoning." The zoning regulations
applied to a parcel according to the Zoning Map. Refer to Article
3, Zoning Districts.
A set of standards placed on a parcel in addition to the
standards of the base zoning district. Refer to Article 3, Zoning
Districts.
A.
General requirements. This section establishes rules governing uses,
structures, lots, and such elements as signs, landscape, and parking
that were legally established before the approval of this Zoning Chapter
but that do not conform to one or more requirements of this chapter.
(1)
Authority to continue. Nonconforming uses, structures, and lots that
legally existed on October 16, 2023, or that become nonconforming
after an amendment to this chapter may be continued only in accordance
with the provisions of this section.
(2)
Determination of nonconforming status. The burden of establishing
that a nonconformance is a legal nonconformity is the responsibility
the owner of the nonconformity.
(3)
Repairs and maintenance. Incidental repairs and normal maintenance
of nonconformities is permitted unless such repairs increase the extent
of the nonconformance or are otherwise specifically prohibited by
this chapter. Except as provided in § 50-14C, nothing in
this section shall be construed to prevent structures from being structurally
strengthened or restored to a safe condition, in accordance with an
official order of a public official.
(4)
Change of tenancy or ownership. A nonconformance is not affected
by changes of tenancy, ownership or management.
B.
Nonconforming uses. Nonconforming uses were legally established but
no longer comply with the use regulations of the zone district in
which they are located. The following rules apply to nonconforming
uses:
(1)
Expansion. A nonconforming use may be increased in size within its
structure, provided that the structure is not also increased in size
and is in compliance with the standards in this section.
(2)
Conversion of conforming use. Once a nonconforming use is converted
to a conforming use it may not be changed back to a nonconforming
use.
(3)
Loss of nonconforming status.
(a)
Change of a nonconforming use. The use nonconformance exception
ends when a change of use results in a 50% or greater change in capacity
or intensity, such as an increase in gross floor area, seating, or
residential units.
(b)
Damage and restoration of structure containing a nonconforming
use. If a conforming structure containing a nonconforming use is damaged
by more than 50% of its actual cash value at the time damage occurs
as determined by the City Assessor, the nonconforming use shall not
be reestablished unless in compliance with the standards of this chapter.
(c)
Abandonment. Once abandoned, a nonconforming use shall not be
reestablished or resumed.
[1]
A nonconforming use shall be presumed abandoned and its rights
as a nonconforming use ended when any one of the following has occurred:
[a]
The owner has, in writing or by public statement,
indicated intent to abandon the use.
[b]
A conforming use has replaced the nonconforming
use.
[c]
The structure containing the nonconforming use
has been removed.
[d]
The structure or its permanent equipment has changed
in a manner that clearly indicates a change in use or activity to
something other than the nonconforming use.
[e]
The nonconforming use has been discontinued, vacant,
or inactive for a continuous period of at least one year, regardless
of ownership.
[2]
Evidence of abandonment may be rebutted upon a showing any of
the following:
[a]
The land and structure have been maintained in
accordance with all applicable regulations.
[b]
The owner or operator has been engaged in other
activities that would demonstrate there was not intent to abandon.
[c]
All applicable licenses have been maintained.
[d]
Tax documents have all been filled.
C.
Nonconforming structures. Nonconforming structures were legally established
but no longer comply with the standards of the zone district in which
they are located. The following rules apply to nonconforming structures:
(1)
Use. A nonconforming structure may be used for any use permitted
in the zone district in which it is located. Refer to Article 4, Uses.
(2)
Change in structure. A nonconforming structure may be enlarged or
changed if the expansion does not increase the amount of nonconformity
or incrementally brings the structure closer to conformity.
(3)
Loss of nonconforming status.
(a)
Change in structure. The structural nonconformance exception
ends when the structure is modified to increase the gross floor area
by 50% or more.
(b)
Damage and restoration of structures. Primary structures damaged
by more than 50% of its actual cash value at the time damage occurs,
as determined by the City Assessor, shall not be reestablished except
in compliance with all regulations applicable to the zone district
in which it is located.
(c)
Exceptions. When reconstructed within one year of the damage,
the following nonconforming structures can continue when damaged:
D.
Nonconforming lot. Nonconforming lots were legally established, such
as lots of record, but no longer comply with the minimum area or width
standards of the zone district in which they are located.
(1)
Vacant lots. If a nonconforming lot was vacant at the time it became
legally nonconforming, it may be used for any use allowed in the underlying
zone district, provided that setback or build-to zone standards can
be met.
E.
Nonconformities created by government action. When the Michigan Department of Transportation, the Kalamazoo County Road Commission, the City of Kalamazoo, or any other governmental entity acquires additional right-of-way for the purpose of street construction, street relocation, street widening, or utilities, and the result creates a structural nonconformity, any existing lot or structure is permitted to be altered, enlarged, or rebuilt in accordance with the standards of § 50-1.4C, Nonconforming structures.
F.
Nonconforming site characteristics. Site characteristics which include
site elements, such as signs, landscaping, fences, parking, and lighting,
may continue in accordance with the following:
(1)
Ten-percent exception. A site characteristic is not considered nonconforming
if the size of the nonconformance is less than 10% of the requirement
in this chapter.
(2)
Change in use. The nonconforming site characteristic exception ends
if a change of use will result in a 50% or greater change in capacity
or intensity, such as an increase in gross floor area, seating, or
residential units.
(3)
Change in structure. The nonconforming site characteristic exception
ends if the associated structure is modified to change the gross floor
area by 50% or more.
(4)
Exception for multitenant signs. Multitenant signs are exempt from
this requirement in that an individual or tenant is permitted to install
a new sign or change out signage within an existing multiple-tenant
sign, provided that the new signage does not increase the amount of
nonconformance.
