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DIVISION 1
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Generally
[B&H Code §§ BH201, BH202;
amended 2-14-1977 by Ord. No. 1106; 4-28-1980 by Ord. No. 1196; 1-3-1984 by Ord. No.
1304; 4-14-1986 by Ord. No. 1378; 12-4-1989 by Ord. No. 1479; 6-29-1992 by Ord. No. 1535; 2-26-1996 by Ord. No. 1611; 12-20-1999 by Ord. No. 1691; 6-19-2006 by Ord. No. 1804; 9-16-2019 by Ord. No.
1999] |
This chapter, together with the codes adopted by § 9-22, shall be known as the "Kalamazoo Building Code."
Pursuant to the Stille-DeRossett-Hale Single State Construction
Code Act, MCLA § 125.1501 et seq., as amended, the Michigan
Building Code and the Michigan Residential Code, being the most recent
editions as adopted by the State of Michigan, and a complete copy
of which is on file in the office of the City Clerk, are hereby adopted
by reference as if fully set forth herein for the purpose of regulating
the erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment use, height,
area and maintenance of building and residential structures in the
City, providing for the issuance of permits and collection of fees
therefor and providing penalties for the violations thereof except
as otherwise provided in the City Code. Unless otherwise expressly
provided, in the event of a conflict between any of the provisions
of such state-adopted codes herein adopted, and a provision of the
Kalamazoo City Code, or any City resolution, rule or regulation, the
state-adopted codes shall control.
References therein to "state" shall mean the State of Michigan;
references to "municipality" shall mean the City of Kalamazoo; references
to the "municipal charter" shall mean the Charter of the City of Kalamazoo;
and reference to "local ordinances" shall mean the Kalamazoo City
Code.
Pursuant to the Stille-DeRossett-Hale Single State Construction
Code Act, MCLA § 125.1501 et seq., as amended, the City
of Kalamazoo assumes responsibility for the administration and enforcement
of the Stille-DeRossett-Hale Single State Construction Code Act throughout
the corporate limits of the City of Kalamazoo.
Pursuant to the Stille-DeRossett-Hale Single State Construction
Code Act, MCLA § 125.1501 et seq., as amended, the Building
Official of the City of Kalamazoo is hereby designated as the enforcing
agent to discharge the responsibility of the City of Kalamazoo under
the Stille-DeRossett-Hale Single State Construction Code Act.
A person may engage in the business of or act in the capacity
of a residential builder or a residential maintenance and alteration
contractor or salesperson in this state without a license under this
section, if the person is one of the following:
A.
An authorized representative of the United States government, this
state, or a county, township, city, village, or other political subdivision
of this state.
B.
An owner of property, with reference to a structure on the property
for the owner's own use and occupancy.
C.
An owner of rental property, with reference to the maintenance and
alteration of that rental property.
D.
An officer of a court who is acting within the scope of that office.
E.
A person other than the salesperson that engages solely in the business
of performing work and services under contract with a residential
builder or a residential maintenance and alteration contractor that
is licensed under this article.
F.
A person that is working on one undertaking or project by one or
more contracts, if the aggregate contract price for the labor, material,
and any other items for the undertaking or project is less than $600.
The exemption described in this subdivision does not apply if the
work of a construction is only a part of a larger or major operation,
whether undertaken by the same or a different residential builder
or residential maintenance and alteration contractor, or in which
a division of the operation is made in contracts of amounts less than
$600 to evade this act.
G.
An electrical contractor that is licensed under Article 7 of the
Skilled trades Regulation Act, MCLA 339.5701 to 339.5739. The exemption
described in this subsection applies only to the electrical installation,
electrical maintenance, or electrical repair work that is performed
by the electrical contractor.
H.
A plumbing contractor that is licensed under Article 11 of the Skilled Trades Regulation Act, MCLA 339.6101 to 339.6133. The exemption described in this subsection applies only to plumbing installation, plumbing maintenance, or plumbing repair work that is performed by the plumbing contractor.
I.
A mechanical contractor that is licensed under Article 8 of the Skilled Trades Regulation Act, MCLA 339.5801 to 339.5819. The exemption described in this subsection applies only to mechanical installation, mechanical maintenance, or mechanical repair work that is performed by the mechanical contractor.
A.
Where the Building Official finds any work regulated by this code
being performed in a manner either contrary to the provisions of this
code or dangerous or unsafe, the Building Official is authorized to
issue a stop-work order.
B.
A person who is served with a stop-work order, except for work that
the person is directed to perform to remove a violation or unsafe
condition, subject to the penalty provisions prescribed in this Chapter.
C.
Any person who shall continue any work after having been served with
a stop-work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall in violation
of this Chapter.
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DIVISION 2
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Construction Board of Appeals
[B&H Code § BH205; amended 4-28-1980 by Ord. No.
1197; 12-20-1999 by Ord. No. 1691] |
A.
There is hereby established a Construction Board of
Appeals consisting of seven members appointed by the City Commission
as follows:
(1)
One member who is principally engaged in commercial
construction with at least five years experience, and whose office
or residence is within the City.
(2)
One member who is principally engaged in residential
construction, with at least five years experience, whose office or
residence is within the City.
(3)
One registered structural engineer or architect, whose
office or residence is within the City.
(4)
One licensed master plumber or licensed journeyman
plumber with at least five years experience as such, and whose office
or residence is within the City.
(5)
One licensed master electrician or licensed journeyman
electrician with at least five years' experience as such, and whose
office or residence is within the City.
(6)
One licensed mechanical contractor with at least five
years' experience as such, and whose office or residence is within
the City.
(7)
One representative of the City at large who is a property
owner and who has resided within the City for at least five years.
B.
If a representative is not available from each of
the categories listed above, the City Commission may appoint others
who do not meet all of the specific requirements but, in the opinion
of the City Commission, are qualified with experience and training
to pass upon pertinent matters.
C.
Such members shall be appointed for terms of three
years except that the initial appointments shall provide for three
three-year terms, two two-year terms, and two one-year terms so that
subsequent appointments shall not occur at the same time.
The Construction Board of Appeals shall meet
at such times as the board may determine. The board shall propose
bylaws for approval by the City Commission. All meetings of the board
shall be open to the public.
A majority of the members of the board shall
constitute a quorum. A majority of the members is required to take
action on all matters not of an administrative nature, but a majority
of a quorum may deal with administrative matters.
The Building Official shall serve as secretary
of the Construction Board of Appeals and shall keep records of its
meetings. The minutes of the meetings shall be in writing, but may
state the substance of any matter considered.
[Amended 6-19-2006 by Ord. No. 1804]
A.
The Construction Board of Appeals shall act as a quasi-judicial
body in deciding matters brought before it which involve interpretation
of any provision of this chapter. The Construction Board of Appeals
shall also act as an advisory board to the City Commission. The board
shall have the following powers and duties:
(1)
To provide for reasonable interpretation of the provisions
of the City building codes, plumbing codes, mechanical codes, electrical
codes, and fire codes. The board shall have no authority to waive
requirements of any City codes.
(2)
To hear and decide appeals from and review any order,
requirement, decision or determination made by an administrative official
charged with the enforcement of the City building, plumbing, mechanical,
electrical and fire codes.
(3)
To hear and decide appeals from any order, requirement or refusal made by an administrative official charged with the enforcement of the Soil Erosion and Sedimentation Control Ordinance pursuant to § 30-12 of the Kalamazoo City Code.
(4)
To hear and decide appeals from any order, requirement or refusal made by an administrative official charged with the enforcement of the City Fire Code pursuant to § 15-46 of the Kalamazoo City Code.
(5)
To approve alternate materials and methods of installation.
(6)
To do acts, make decisions and make such determinations
as authorized by state law or the Kalamazoo City Code.
(7)
After a public hearing, the board may grant a specific
variance to a substantive requirement of the codes, if the literal
application of the substantive requirement would result in exceptional
practical difficulty to the applicant, and if both of the following
requirements are satisfied:
(a)
The performance of the particular item or part of
the building or structure with respect to which the variance is granted
shall be adequate for its intended use and shall not substantially
deviate from performance required by the code of the particular item
or part for the health, safety, and welfare of the people of the City
and the intent of the code is observed, public safety secured and
substantial justice done.
(b)
The specific condition justifying the variance shall
be neither so general nor recurrent in nature as to make an amendment
to the code with respect to the condition reasonably practical or
desirable.
B.
The board may attach in writing any condition in connection
with the granting of a variance that, in its judgment, is necessary
to protect the health, safety and welfare of the people of the City.
The breach of a condition shall automatically invalidate the variance
and any permit, license, and certificate granted on the basis of it.
In no case shall more than the minimum variance from the code be granted
that is necessary to alleviate the exceptional practical difficulty.
A.
Appeals from the rulings of any official charged with
the enforcement of this chapter may be made to the Construction Board
of Appeals within 21 days from the date of the determination. The
appellant shall file with the official from whose decision the appeal
is taken and with the board, a notice of appeal, specifying the grounds
therefor and stating the address of the appellant. The Building Official
shall set the matter for hearing and give due notice thereof to all
interested parties. The board shall hear such matter and decide the
same not later than 30 days after submission of the appeal. Failure
by the board to hear an appeal and file a decision within the time
limit shall be deemed a denial of the appeal, for the purposes of
instituting an appeal to the State Construction Code Commission.
[Amended 6-19-2006 by Ord. No. 1804]
B.
Within the limits of its jurisdiction, as prescribed
in this article, the Construction Board of Appeals may reverse or
affirm, in whole or in part, or may make such order, requirement,
decision or determination as, in its opinion, ought to be made in
the premises, and to that end shall have all the powers of the official
from whom the appeal is taken. The final disposition of such appeal
shall be in writing and shall state the grounds therefor and shall
be forthwith delivered to the appellant at his last known address.
Any person, including the Building Official,
may file with the Construction Board of Appeals requests for interpretation
of the codes, approval of alternate methods or materials, or any other
matter provided for under the powers and duties of the board, in the
same manner as provided for appeals.
Any orders issued by the Construction Board
of Appeals shall be set out in full, shall be supported by findings
of fact, and shall state the grounds of the order in a manner reasonably
calculated to apprize the petitioner of the basis thereof.
In the absence of an appeal pursuant to § 9-40, decisions of the Construction Board of Appeals become effective on the 10th business day after filing of the decision with the Building Official.
[Amended 6-19-2006 by Ord. No. 1804]
An interested person, or his/her authorized
agent, may seek review of a decision of the Construction Board of
Appeals with the State Construction Code Commission or as otherwise
provided by law. An appeal to the State Construction Code Commission
must be filed within 10 business days of the filing of the board's
decision with the Building Official or within such time period as
state law may prescribe. In case of review sought because of failure
of the board to act within the time prescribed, an appeal may be filed
at any time before filing of the decision of the Construction Board
of Appeals or as otherwise provided by law.
[Added 6-19-2006 by Ord. No. 1804]
Any reference in the Kalamazoo City Code to
the "Building Board of Appeals" shall be treated as a reference to
the "Construction Board of Appeals."
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DIVISION 3
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Signs[1]
[Amended 7-10-1989 by Ord. No. 1466] |
[Amended 6-19-2006 by Ord. No. 1804]
A.
The purpose of this division is to provide minimum
standards to safeguard life, health, property and public welfare by
regulating and controlling the design, quality of materials, construction
location, electrification and maintenance of all signs and sign structures
not located in a building.
B.
No sign shall be erected in such a manner as to confuse
or obstruct the view or interpretation of any official traffic sign
or device.
C.
This division shall not permit a violation of any
of the provisions of another lawful ordinance.
A.
Compliance and permit required. It shall be unlawful
for any person to erect, reerect, alter or relocate any sign except
as provided by this division unless a permit for the same has been
issued by the Building Official. In addition, electrical permits shall
be obtained for electric signs. The alteration, repair or remodeling
of a sign which requires removal of the sign from its supporting structure
or framework shall require a permit from the building section. If
such alteration, repair or remodeling can be made without taking the
sign down, no permit shall be required; but the division shall be
notified of such work.
(1)
Every permit issued by the Building Official under
the provisions of this division shall expire by limitation and become
null and void if the work authorized by such permit is not commenced
within 60 days from the date it is issued, or if the work authorized
by such permit is suspended or abandoned for a period of 60 days at
any time after the work is commenced. Before such work can be recommended,
a new permit shall be first obtained to do so; and the fee therefor
shall be equal to the fee required for a new permit for such work;
provided that no changes have been made or will be made in the original
scope of work and type of sign.
(2)
In the instances when delays in starting or continuing
work within the described time frames are for circumstances beyond
the control of the permittee holding the permit, the Building Official
may extend the time for action by the permittee for a period not exceeding
30 days if such extension is requested in writing by the permittee.
No permit shall be extended more than once.
B.
Permit application. Applications for sign permits
shall be made in writing upon forms furnished by the City.
[Amended 6-19-2006 by Ord. No. 1804]
C.
Signs in historic districts. All existing and proposed
signs located in local designated historic districts shall be reviewed
and approved by the Historic District Commission prior to any installation,
alteration, sign-face change or removal.
D.
Exemptions. No permit is required for the following signs, but this exemption shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance or its compliance with this division or any other law or ordinance regulating the same. Also see Chapter 7 of the Zoning Ordinance (Appendix A) of the Code of Ordinances:
(1)
Memorial tablets and historical markers attached to,
embossed or engraved on the facade of a building or incorporated into
the architecture of the building.
(2)
Signs painted on or permanently attached to motor
vehicles which are legally licensed for and primarily used for transportation,
provided that no such vehicle is parked on the premises for the primary
purpose of advertising any product or services offered.
(3)
Special purpose signs, including:
(a)
Parking lot identification and directional signs as
follows:
[1]
Two freestanding signs, each not exceeding four
square feet in area or four feet in height, which may be located in
the setback area at each driveway entrance or exit and not less than
three feet from the lot line.
[2]
Such a sign may be internally illuminated.
[3]
No obstructions of traffic or other hazardous
condition shall be created by such sign.
[4]
The name of the business offering the parking
may be identified on the sign, but in no instance shall it occupy
more than 1/3 of the copy area.
(b)
Residential nameplate and house numbers, either of
which may be illuminated, on buildings or poles not exceeding six
feet in height.
(c)
Signs not exceeding two square feet in area containing
only noncommercial messages designating such things as rest room locations,
telephones and prohibition of trespassing or dumping.
(4)
Official signs used by governmental agencies, including,
but not limited to, the following:
(5)
Community special event signs as approved by the City
Commission.
(6)
Signs required by law for the operation of a service
station, including lettering, insignias, warnings and other information
required on each pump.
(7)
Real estate signs.
(8)
"Open house" directional signs.
(9)
Election campaign signs.
E.
Fees. Sign permit fees shall be as prescribed by resolution
of the City Commission.
F.
Inspections.
(1)
All signs for which a permit is required under this
section shall be subject to inspection by the Building Official.
(2)
Footing inspections may be required by the Building
Official for all signs having footings.
(3)
All signs containing electrical wiring shall be subject to the provisions of the electrical code of the City (§ 9-98 et seq. of this Code), and the electrical components used shall bear the label of an approved testing agency.
(4)
Signs which are unsafe shall be ordered removed or
repaired immediately, depending wholly upon the condition of the sign.
It shall be unlawful for any person to fail to comply with such an
order to repair or remove any sign.
(5)
A sign may be reinspected at the discretion of the
Building Official.
[1]
Editor's Note: Former § 9-72, Sign
erector's license, was repealed 6-19-2006 by Ord. No. 1804.
[Amended 6-19-2006 by Ord. No. 1804]
A.
Signs may be allowed to project into or be erected
over the public right-of-way when permitted by Appendix A, the Zoning
Ordinance of the Code of Ordinances, and approved by the City. Signs
projecting over the public right-of-way shall be erected only by licensed
sign erectors.
(1)
The owner of every sign projecting into the public
right-of-way shall be required to obtain from the building section
an annual permit for such sign. The fee for such permit shall be as
prescribed by resolution of the City Commission.
(2)
The permit provided for this section shall expire
on the first day of November of each year and shall be renewed within
30 days from that date.
(3)
In case a permit required by this section is not renewed
within 60 days after its expiration, the Building Official shall be
empowered to remove or cause to be removed the sign covered by such
permit. The City may bill the permit holder for any costs associated
with removal of the sign.
(a)
Any wall or flat sign which extends from the building
or structure on which it is mounted a distance of 18 inches or more
over public property, or which extends over public property and has
a space between it and the building of three inches or more shall
be considered to be a sign projecting over the public right-of-way.
(b)
No sign projection over a sidewalk used by the public
shall be less than 11 feet in the clear above the sidewalk on streets
and not less than 15 feet above the sidewalk in alleys.
(c)
Signs projecting over a public thoroughfare shall
be kept at least three feet back of the curbline unless more restrictive
requirements are applicable and set forth elsewhere; in which case,
the more restrictive requirement shall control.
A.
Generally. Signs and sign structures shall be designed
and constructed to resist wind and seismic forces as specified in
this section. All bracing systems shall be designed and constructed
to transfer lateral forces to the foundations. For signs on buildings,
the dead and lateral loads shall be transmitted through the structural
frame of the building to the ground in such a manner as not to overstress
any of the elements thereof.
(1)
The overturning movement produced from lateral forces
shall in no case exceed 2/3 of the dead load-resisting movement. Uplift
due to overturning shall be adequately resisted by proper anchorage
to the ground or to the structural frame of the building. The weight
of earth superimposed over footings may be used in determining the
dead load-resisting movement. Such earth shall carefully placed and
thoroughly compacted.
B.
Wind loads. Signs and sign structures shall be designed
and constructed to resist wind forces as specified in the adopted
building code of the City.
C.
Seismic loads. Signs and sign structures shall be
designed and constructed to resist seismic forces as specified in
the adopted building code of the City.
D.
Combined loads. Wind and seismic loads need not be
combined in the design of signs or sign structures; only that loading
producing the larger stresses need be used. Vertical design loads,
except roofline loads, shall be assumed to be acting simultaneously
with the wind or seismic loads.
E.
Allowable stresses. The design of wood, concrete,
steel or aluminium members shall conform to the applicable requirements
of the adopted building code of the City. Loads, both vertical and
horizontal, exerted on the soil shall not produce stresses exceeding
those specified in such code. Working stresses for wind or seismic
loads combined with dead loads may be increased as specified in such
code.
A.
Generally. The supports for all signs or sign structures
shall be placed in or upon private property and shall be securely
built, constructed and erected in conformity with this division.
B.
Materials. Construction materials for signs and sign
structures shall be of the quality and grade as specified for buildings
in the adopted building code of the City. All signs that project into
the public right-of-way shall be constructed of noncombustible materials,
except for approved plastics, and as otherwise provided in the allowable
plastics, and as otherwise provided in the allowable materials in
the adopted building code of the City.
(1)
Anchors and supports, when of wood and embedded in
the soil or within six inches of the soil, shall be of all heartwood
of a durable species or shall be pressure-treated with an approved
preservative. Such members shall be marked or branded by an approved
agency as recognized under the building code.
C.
Nonstructural trim. Nonstructural trim may be of wood,
metal, approved plastics or any combination thereof.
D.
Anchorage. Members supporting unbraced signs shall
be so proportioned that the bearing loads imposed on the soil in either
direction, horizontal or vertical, does not exceed the safe values.
Braced ground signs shall be anchored to reset the specified wind
or seismic load acting in any direction. Anchors and supports shall
be designed for safe-bearing loads on the soil and for an effective
resistance to pullout amounting to a force 25% greater than the required
resistance to overturning. Anchors and supports shall penetrate to
a depth belowground greater than that of the frostline.
(1)
Signs attached to masonry, concrete or steel shall
be safely and securely fastened thereto by means of metal anchors,
bolts or approved expansion screws of sufficient size and anchorage
to safely support the loads applied.
(2)
No wooden blocks or plugs or anchors with wood used
in connection with screws or nails shall be considered proper anchorage
except in the case of signs attached to wood framing.
(3)
No anchor or support of a sign shall be connected
to or supported by an unbraced parapet wall, unless such wall is designed
in accordance with the requirements for parapet walls specified for
seismic zones in the adopted building code of the City.
E.
Approved plastics. The Building Official shall require
that sufficient technical data be submitted to substantiate the proposed
use of any plastic material; and, if it is determined that the evidence
submitted is satisfactory for the use intended, the Building Official
may approve its use.
A.
Generally. Signs shall conform to the clearance requirements
of this section.
B.
Clearance from high voltage power lines. Signs shall
be located not less than six feet horizontally or 12 feet vertically
from overhead electrical conductors which are energized in excess
of 750 volts. As used in this subsection, "overhead conductors" means
any electrical conductor, either bare or insulated, installed above
the ground, except such conductors as are enclosed in iron pipe or
other material covering of equal strength.
C.
Clearance from fire escapes, exits or standpipes.
No sign or sign structure shall be erected in such a manner that any
portion of its surface or supports will interfere in any way with
the free use of any escape, exit or standpipe.
D.
Openings. No sign shall obstruct any opening to such
an extent that light or ventilation is reduced to a point below that
required by the adopted building code of the City.
[1]
Editor's Note: Former § 9-77, Abandoned
signs, as was repealed 6-19-2006 by Ord. No. 1804.
[1]
Editor's Note: Former § 9-77.1,
Violations, was repealed 6-19-2006 by Ord. No. 1804.
A.
The Kalamazoo City Commission may, by resolution,
establish reasonable fees for covering the costs of actions taken
with regard to a sign or sign structure governed by all or part of
this division of the City Code.
B.
The costs shall be a lien against the real property
and shall be reported to the assessing officer of the City who shall
assess the cost against the property on which the sign or sign structure
is or was located.
C.
The owner or party in interest in whose name the property appears upon the last local tax assessment record shall be notified of the amount of the costs referred to in Subsection B, by first-class mail at the address shown on the record. If he fails to pay the same within 30 days after mailing by the assessor of the notice of the amount thereof, the Assessor shall add the same to the next tax roll of the City; and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes.
