City of Kalamazoo - Definitions

ACCESSORY BUILDING

A subordinate building the use of which is clearly incidental to that of the main building or to use of the land.

ACCESSORY USE

A use subordinate to a main permitted use on a lot and used for purposes clearly incidental to the principal use.

ADJACENT

In general, the land or property directly adjoining the property in question, or land located across an alley, easement, street or highway from the property in question. When used in connection with Chapter 50, Zoning, Art. 7, Parking and Loading Regulations, adjacent means the land directly adjoining the building referred to as the principal use, or land located across an alley, easement, street or highway from the building incidental to which such space for vehicle storage or parking is required.

ADULT FOSTER-CARE GROUP HOME

See definition of "group living."

ADULT REGULATED USE

Any of the following:

a) ADULT ARCADE or MINI MOTION-PICTURE THEATER — Any place to which the public is permitted or invited where coin-operated or slug-operated, or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images displayed are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined in this Ordinance).
b) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE — A commercial establishment that offers for sale or rental for any form of consideration and that has as a substantial or significant portion of its stock-in-trade, books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations, recordings, other audio matter, and novelties or devices that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. The adult bookstore, adult novelty store, or adult video store may have other principal business purposes that do not involve the offering for sale or rental materials that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as adult bookstore, adult novelty store, adult video store so long as a substantial or significant portion of its business includes the offering for sale or rental for consideration the specified materials that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
c) ADULT BOOTH — A small enclosed or partitioned area inside an adult regulated use that is

(1) designed or used for the viewing of books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations, recordings, and novelties or devices that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas by one or more persons, and
(2) is accessible to any person, regardless of whether a fee is charged for access. "Adult booth" does not include a foyer through which any person can enter or exit the establishment, or a rest room.

d) ADULT CABARET — A nightclub, cafe, restaurant, lounge, bar or similar establishment (which may or may not include the service of food or beverages), where male or female impersonators, dancers, entertainers, waiters, waitresses, or employees regularly provide live performances that are distinguished or characterized by their emphasis on specified anatomical areas or specified sexual activities for the observation or entertainment of patrons, guests, and/or members. Adult cabaret also includes an establishment that permits, provides or features topless dancers and/or bottomless dancers, go-go dancers, strippers, topless or bottomless waiters, waitresses and/or employees.
e) ADULT MOTEL — A hotel, motel, or similar commercial establishment that

(1) offers accommodations to the public for any form of consideration; and
(2) provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; and
(3) has a sign visible from the public right-of-way that

a) advertises the availability of this adult type of photographic reproductions, or
b) offers a sleeping room for rent for a period of time that is less than 10 hours, or
c) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

f) ADULT MOTION-PICTURE THEATER — A commercial establishment where, for any form of consideration, films, motion pictures, videos, slides, or other photographic reproductions are regularly shown in which a substantial portion of the total presentation is devoted to the showing of material that are distinguished or characterized by their emphasis on the depiction, description, or relation to specified sexual activities or specified anatomical areas for observation or entertainment of patrons, guests, and/or members.
g) ADULT OUTDOOR MOTION-PICTURE THEATER — A commercial establishment having an open lot or part of an open lot with appurtenant facilities devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions for any form of consideration to persons in motor vehicles or in outdoor seats, and presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation or entertainment of patrons, guests, and/or members.
h) ADULT MODEL STUDIO — Any place where a person who displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Such an establishment includes, but is not limited to, the following activities and services: modeling studios, body painting studios, wrestling studios, individual theatrical performance or dance performances, barber shops or hair salons, car washes, and/or convenience stores. An adult model studio shall not include a proprietary school licensed by the State of Michigan or a college, junior college, or university supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure

(1) that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing, and
(2) where in order to participate in a class a student must enroll at least three days in advance of the class, and
(3) where no more than one nude or seminude model is on the premises at any one time.

i) ADULT PHYSICAL CULTURE BUSINESS — Any commercial establishment, club, or business by whatever name designated, that regularly offers or advertises or is equipped or arranged to provide massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An adult physical cultural business may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths.
j) ADULT PERSONAL SERVICE BUSINESS — A commercial business having as a principal activity a person, while nude or partially nude, providing personal services for another person on an individual basis. Such a business includes, but is not limited to, the following activities and services: modeling studios, body painting studios, wrestling studios, individual theatrical performances or dance performances, barber shops or hair salons, car washes, convenience stores or other commercial business establishments where food or goods and services are sold, and tattoo parlors where services are being performed by a person who is nude or partially nude. "Nude" or "partially nude" is defined as having attire that reveals specified anatomical areas as defined in this section.
k) ADULT THEATER — A commercial establishment that is a theater, concert hall, auditorium, or similar commercial establishment, either indoor or outdoor in nature, that, for any form of consideration, regularly features live performances that are distinguished or characterized by their emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by guests, patrons, and/or members. An adult theater does not include a theater, concert hall, auditorium, or similar establishment that, for any fee or consideration, regularly features live performances that are not distinguished or characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

AGRICULTURAL SALES

On-site sale of feed, grain, fertilizers, pesticides and similar goods. Typical uses include nurseries, hay, feed and grain stores.

AGRICULTURAL SERVICE

Provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include crop dusting and tree service firms.

AGRICULTURE

Farms and general farming, including horticulture, floriculture, dairying, livestock, and poultry raising, farm forestry, and other similar enterprises, or uses, but no farms shall be operated as piggeries, or chicken brooderies or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals, except for consumption by persons residing on the premises.

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.

AGRICULTURE, CROP.

Activities that primarily involve raising or producing field crops or other plants. Examples include farming, truck gardening, forestry, tree farming, and wholesale plant nurseries.

ALLEY

A public or private right-of-way intended for accessing rear yards, utilities, trash pick up, and vehicular access to parking or loading areas. The City Planner can approve having existing courts serve the same functions as alleys, as it relates to the requirements of this code.

ANCILLARY

When used in conjunction with § 4.2W: Telecommunications Facilities, the buildings, cabinets, vaults, closures and equipment required for operation of telecommunication systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.

ANEMOMETER

Temporary wind speed indicator equipment utilized for the purpose of analyzing the potential for utilizing a wind energy system at a given site. Such devices monitor wind speed and flow direction characteristics over a period of time for a particular location.

ANIMAL SERVICE

The following are animal services use types:

a) KENNELS — Kennel services for dogs, cats, and small animals, including overnight care. Typical uses include boarding kennels and dog training centers.
b) SALES AND GROOMING — Sales, grooming and day time care of dogs, cats, and similar small animals. Typical uses include pet stores, dog bathing and clipping salons and pet grooming shops. No overnight boarding is allowed.
c) VETERINARY CLINIC — A building, or any portion of a building, used for the treatment of house pets as outpatients only and not having exterior or interior kennels and overnight lodgings appurtenant to or as part of the use. Overnight boarding of animals is only permitted when necessary for unanticipated complications from treatment. Typical uses include veterinary offices, pet clinics.
d) VETERINARY HOSPITAL — A building, or any portion of a building, used for the treatment of house pets, and that may have exterior or interior kennels and overnight lodgings appurtenant to or as part of the use. Typical uses include veterinary offices and animal hospitals.

ANTENNA

An electrical conductor or group of electrical conductors that transmit or receive radio waves, excluding amateur radio antennas.

ANTENNA SUPPORT STRUCTURE

Any building or other structure other than a transmission tower that can be used for location of telecommunications facilities.

APPLICATION

Application means the process by which the owner of a parcel of land within the City submits a request for any type of development review or approval identified in Chapter 8 of this Ordinance. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.

ASSISTED LIVING FACILITY

See definition of "group living."

ATTACHED DWELLING

See definition of "household living."

ATTACHMENT

When used in conjunction with § 4.2.W: Telecommunications Facilities, an antenna or other piece of related equipment affixed to a transmission tower, building, light or utility pole, or water tower.

AWNING

A retractable or fixed shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework.

BASAL AREA

A method of determining woodland density by measuring the cross-sectional area of individual tree stems over a particular unit area.

BED

When used in for computing required amounts of parking or loading pursuant to Chapter 50, Zoning, Art. 7, Parking and Loading Regulations, such beds as are occupied by the patients or guests of the hospital or building in question; provided, however, that bassinets and incubators shall not be counted as beds.

BED-AND-BREAKFAST

See definition of "lodging."

BEST MANAGEMENT PRACTICES (BMP)

The best available methods, activities, maintenance procedures, technologies, operating methods or management practices for preventing or reducing the quantity of regulated substances entering groundwater and surface water from a particular land use activity.

BEST MANAGEMENT PRACTICES (BMP)

Commercial or professional procedures that are accepted or prescribed as being correct or most effective.

BREWERY

A large-scale brewer that produces beer for sale on premises, as well as for off-site sales, as licensed by the State of Michigan.

BREWPUB

See definition of "eating and drinking establishments."

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy. This shall include tents or vehicles situated on private property and used for purposes of a building.

BUILDING MAINTENANCE SERVICE

Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial, landscape maintenance and window cleaning services. Also includes exterminator services for residential, commercial or industrial applications.

BUILDING SETBACK LINE

A line indicating the minimum distance required to be maintained between the front property line and the nearest supporting member of any structure on the lot.

BUILD-TO ZONE

The designated area on a lot that the front or corner side facade of a building must be located. The zone dictates the minimum and maximum distances a building may be placed from the front or corner side lot line. Refer to Figure 1.3-1 Build-to Zone, Property Lines, and Yards.

BULK OF A BUILDING

The gross cubical contents of a building measured to the outside surfaces but excluding uncovered porches, fire escapes, steps, and terraces and enclosed portions of the building that project beyond the main surfaces less than three feet and excluding basement spaces not meeting the definition of a story.

BUSINESS SUPPORT SERVICE

Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services and blueprint services. Also includes business or trade schools that do not involve any outdoor storage or manufacturing processes. Business or trades schools that do involve outdoor storage or manufacturing processes are classified as "Limited Manufacturing and Production."

CANOPY

A permanent, roof-like shelter that extends from part or all of a building face and is constructed of nonrigid material, except for the supporting framework.

CANOPY, TREE

The upper layer of a woodland formed by the crowns of mature trees.

CAPTURE ZONE

That area through which water travels below the surface and reaches a City well or wellfield within a specified period of time (under specified conditions set by the MDEQ). This ordinance addresses both a one-year and ten-year time-of-travel capture zone.

CAR WASH

See definition of "vehicle and equipment sales and service."

CEMETERIES AND MAUSOLEUMS

See definition of "funeral and interment service."

CITY

The City of Kalamazoo.

CITY COMMISSION

The City Commission of the City of Kalamazoo.

CITY-OWNED FACILITIES

Any structures, buildings or land owned by the City of Kalamazoo or its agents.

CIVIC LOT TYPE

a lot type that allows for the development of unique buildings for civic and institutional uses through flexible building siting and facade treatment standards.

See § 50-5.6E for more detailed information.

CLINICS

An establishment housing facilities for medical, dental or psychiatric diagnosis and treatment, exclusive of major surgical procedures, for sick, ailing and injured persons who are not kept overnight on the premises.

CLUB

A nonprofit association of persons who are bona fide members, paying regular dues and are organized for some common purpose, but not a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

CLUSTER HOUSING DEVELOPMENT

See definition of "household living."

COLLEGE or UNIVERSITY

An educational institution authorized by the state to award associate, baccalaureate, or higher degrees.

COLLOCATED FACILITY

When used in conjunction with § 4.2W: Telecommunications Facilities, a wireless telecommunication facility that is attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of two or more antenna systems.

COLLOCATION

When used in conjunction with § 4.2W: Telecommunications Facilities, placement of an antenna on an existing transmission tower, building, light or utility pole or water tower where the antenna and all supports are located on the existing structure.

COMMERCIAL ESTABLISHMENT

Any business, location, or place that conducts or allows to be conducted on its premises any activity for commercial gain.

COMMERCIAL LOT TYPE

A lot type with a high level of transparency on the ground floor that is located at or near the front property line of a lot. This type is ideal for active ground floor uses, such as retail or a community center, and a mix of uses including residential and commercial on upper stories.

See § 50-5.6B for more detailed information.

COMMUNICATIONS SERVICE

Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "major utilities and services" and "minor utilities." Typical uses include recording studios, television and radio studios, and telecommunication service centers.

COMMUNITY RECREATION

Recreational, social, or multi-purpose uses typically associated with parks, play fields, golf courses, or community recreation buildings.

a) OPEN SPACE/NATURE PRESERVE — Any parcel or area of land or water in which human activities are very limited and where the natural environment is protected from human changes and may be reserved for public or private use or enjoyment.
b) PARKS/RECREATION FACILITY — A tract of land or a place designed and equipped for the conduct of sports and leisure-time activities available to the general public for recreational purposes.

COMMUNITY SERVICE CENTER

A nonprofit facility used for recreational, social, educational, cultural, and advisory services/activities, including, for example, services to children, tax assistance, housing assistance, computer tutoring, or educational classes. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community services or facilities that have membership provisions are open to the general public to join at any time. This use does not include any facility that meets the definition of a school, religious assembly, lodge, fraternal, or civic assembly.

CONDOMINIUM

A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

CONSTRUCTION SALES AND SERVICE

Construction activities and incidental storage on lots other than construction sites. Also includes landscape contractors and landscape maintenance businesses and the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware, but excludes those uses classified as "automotive" and/or "heavy equipment" use types. Typical uses include building materials stores, tool and equipment rental or sales building contracting/construction offices and landscape maintenance/contractor offices.

CONVENIENCE STORE

See definition of "food and beverage retail sales."

COTTAGE COMMERCIAL LOT TYPE

A lot type that recognizes that many structures residential in character can be used for commercial purposes, at least on the ground floor. These typically have a higher transparency and impervious coverage than the yard - detached lot type. In the districts where the cottage commercial building is permitted with development standards (PD), the lot type is only permitted in neighborhood nodes, as designated in the 2025 Master Plan, Future Land Development Map.

See § 50-5.6D for more detailed information.

COURTYARD

An open-to-the-sky outdoor area enclosed by a building on at least two sides. Parking is not permitted in a courtyard.

CREMATING

See definition of "funeral and interment service."

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 1.3-1 Measuring Critical Root Zone.

CULTIVATE

To propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.

CULTURAL EXHIBITS, LIBRARIES AND MUSEUMS

Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.

DAY CARE

Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.

a) DAY CARE HOME, FAMILY — A facility for child care in the permanent residence of the provider for the purpose of providing day care and training for a child or children away from their primary residence for less than 24 hours per day. Children being cared for in a day care home shall be under the age of 12 years unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. The facility shall provide care, protection, and supervision to no more than six children at one time, plus any children related to an adult member of the provider's family by blood, marriage, or adoption. Care of children shall be provided for periods of less than 24 hours, and for more than four weeks in a calendar. Operation of a "day care home" is considered, for purposes of this Ordinance, to be an accessory use to a principal residential use. The operator of the facility must live in the facility as his or her primary residence.
b) DAY CARE HOME, GROUP — A licensed day-care center in a private home as an accessory use in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. Notwithstanding its status as an accessory use, a group day care home requires a permit. The operator of the facility must live in the facility as his or her primary residence.
c) DAY-CARE CENTER (COMMERCIAL OR INSTITUTIONAL) —

(a) a facility, whether nonprofit or for-profit, that provides care, protection, and supervision for eight or more adults on a regular basis away from their primary residence for less than 24 hours per day; or
(b) an institutional facility that is maintained for the whole or part of a day for the care of one or more children under the age of 18 years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, and for periods of less than 24 hours, and for periods of not more than two consecutive weeks, where the parents, relatives, or legal guardians of the children are not immediately available. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for mentally retarded children and those facilities that give less than 24 hour per day care for dependent and neglected children. Day-care centers are also those facilities for children under the age of six years with stated educational purposes that are operated in conjunction with a public, private, or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six grades.

DAY CARE HOME, FAMILY

See definition of "day care."

DAY CARE HOME, GROUP

See definition of "day care."

DAY-CARE CENTER (COMMERCIAL OR INSTITUTIONAL)

See definition of "day care."

DECK

An unroofed platform, either freestanding or attached to a building, that is supported by pillars or posts.

DECOMMISSION PLAN

A plan detailing the process and time frame for terminating the operation of and completely removing a wind energy system, including all related structures, equipment, wiring, foundations, and access roads.

DENSITY

The relationship of the number of dwelling units to the gross area of the lot or tract upon which a residential structure or structures are to be located or erected.

DETACHED DWELLING

See definition of "household living."

DETENTION BASIN

A facility for the temporary storage of stormwater runoff.

DEVELOP

The 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.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON

For the purpose of interpreting, administering and enforcing the provisions of § 4.2B: Adult Regulated Uses, the dominant or principal theme of the object so described. For example, "films that are distinguished or characterized by an emphasis upon the exhibition or description of specified sexually activities or specified anatomical areas," the films so described are those whose dominant or principal character are the exhibition or description of "specified anatomical areas" or "specified sexual activities."

DISTURBANCE

A. Includes any of the following:

(1) Placement of impervious surface or structure;
(2) Exposure or movement of soil, including removal or addition of soil or other natural or manufactured materials;
(3) Clearing, cutting, or removing of vegetation;

B. Except when any of these activities are 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.

DORMITORY

See definition of "group living."

DRIVEWAY

An access roadway leading from an authorized drive approach to a garage, carport or required parking space, including turnaround areas, and including circular driveways from an authorized drive approach to another authorized drive approach.

DROP-IN CENTER

A facility operated and supervised by a profit or nonprofit organization, agency, association, group or company or individual where people with special needs are informally invited to gather.

DUPLEX

See definition of "household living."

DWELLING

A building, or portion of a building, designed and used exclusively for residential purposes.

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended for use for sleeping, eating and living purposes.

EATING AND DRINKING ESTABLISHMENT

Sale of prepared food and beverages for on and off premises consumption. The following are eating and drinking establishment use types:

a) BREWPUB — A facility licensed as a brewpub by the Michigan Liquor Control Commission that manufactures and sells beer only for consumption on the premises, as well as food for takeout or consumption on the premises.
b) FAST ORDER FOOD, WITHOUT DRIVE-THROUGH — An establishment whose primary business is the sale of food:

a) primarily intended for immediate consumption;
b) available within a short waiting time; and
c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold. Does not include drive-through fast order food establishments.

c) FAST ORDER FOOD, DRIVE-THROUGH — Sale of food directly to patrons in motor vehicles or to patrons that intend to use the motor vehicle as an eating area. Typically, this use is either dependent on a long driveway that provides adequate room for vehicle stacking at a drive-up service window or on a parking area near a walk-up service window.
d) SIT-DOWN RESTAURANT — Sale of food prepared and served to be generally consumed on the premises. Typically, clientele does not turn over rapidly. No more than 1/3 of the customer floor area on any floor level may consist of bar facilities, including alcoholic drink preparation/storage/serving areas, bar stools or other adjacent sitting areas for consuming drinks, or adjacent standing areas. No cover charge or other charge for admission is required, and the facility generally closes by midnight each day.
e) TAVERN OR LOUNGE — An establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold. The service of alcoholic beverages predominates over the service of food. A cover charge or admission charge is often included but not exclusively, and the facility is generally open until 2:00 a.m. Entertainment, recorded or otherwise, is a common feature.
f) TEAROOM/CAFE — An eating and drinking establishment that specializes in serving tea and/or coffee, and where packaged tea, coffee, and food may also be served or sold for on-premises or off-premises consumption. This use shall not include any establishment that meets the definition of a sit-down restaurant, tavern, lounge, or fast order food establishment.

ECOSYSTEM

A biological community of interacting organisms and their physical environment.

ECOSYSTEM ASSESSMENT, WOODLAND

A method for quickly gathering information about the plant density, species diversity, and/or condition of a woodland habitat.

EFFECTIVE DATE

The date on which this Zoning Ordinance became effective, as stated in § 1.3: Effective Date.

EMPLOYEE

For the purpose of interpreting, administering and enforcing the provisions of § 4.2B: Adult Regulated Uses, a person who performs any service for any consideration on the premises of an adult regulated use on a full-time, part-time, or contract basis, whether or not the person is called an employee, independent contractor, agent, or otherwise, and whether or not said person is paid a salary, wage, or other compensation by the operator of said adult regulated use. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises. When used in other contexts, a person who performs services for an establishment for at least 30 hours per week, on average, whether or not the person is called an employee, independent contractor, agent, or otherwise.

EMPLOYMENT AGENCY PRIMARILY FOR DAY WORKERS

Any person or entity engaged in the business of providing day workers (laborers) to third-party employers and that charges the third-party employer for the service of providing day workers for employment offered by the employer. This includes a labor broker or labor pool.

ENCROACHMENT

Any object including but not limited to banners, signs, street furniture, waste bins, newspaper boxes, works of art, either permanent or temporarily placed in or above the public right-of-way on sidewalk, alleys, or streets.

ENDANGERED SPECIES

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.

ENGINEER

Any engineer licensed by, or authorized to perform work in, the State of Michigan.

ENTERTAINMENT AND SPORTS, SPECTATOR

Provision of cultural, entertainment, athletic, and other events to spectators. Typical uses include cinemas, live theaters, sports arenas and stadiums.

a) LIMITED — Those uses conducted within an enclosed building with a capacity of 199 or fewer people. Typical uses include small theaters and meeting halls.
b) GENERAL — Those uses, whether indoor or outdoor with a capacity of 300 or more people.

ENTRANCE TREATMENT

The permitted treatments of the ground story facade, including entrance and window transparency. Refer to § 50-5.5, Entrance treatment.

EQUIVALENT LICENSE

Any of the following when held by a single licensee: A. Grower license of any class under both the MRTMA and MMFLA; B. Processor licenses under both the MRTMA and MMFLA; C. Secure transporter licenses under both the MRTMA and MMFLA; D. Safety compliance facility licenses under both the MRTMA and MMFLA; and E. A retailer license under the MRTMA and a provisioning center license under the MMFLA.

ESTABLISHMENT

For the purpose of interpreting administering and enforcing the provisions of § 4.2B: Adult Regulated Uses, the site or premises on which an adult regulated use is located, including the interior of the establishment or portions of the interior, upon which certain activities or operations are being conducted for commercial gain.

EXPLOSIVE STORAGE

Storage of any quantity of explosives. Typical uses include storage in the course of manufacturing, selling, or transporting explosives or in the course of blasting operations.

FACADE

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, STREET-FACING

Facade of a building facing a public or private space, such as a street or park. This does not include building facades along alleys, which would be considered rear facades.

FAMILY

a) An individual or group of two or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit, or
b) A collective number of individuals domiciled together whose relationship is of a continuing, nontransient domestic character and who are cooking and living as a single, nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, federation, organization, or group of individuals whose domestic relationship is of a transitory or seasonal nature, nor shall it include residents of a state-licensed residential facility, except to the extent permitted by law.

FAST ORDER FOOD

See definition of "eating and drinking establishments."

FINANCIAL, INSURANCE AND REAL ESTATE SERVICES

Financial, insurance, real estate, or securities brokerage services. Typical uses include banks, insurance agencies and real estate firms.

FLEET STORAGE

See definition of "vehicle and equipment sales and service."

FLEX LOT TYPE

A lot type that promotes buildings constructed in a narrow front build-to zone with a range of entrance treatments that can support a wide variety of uses, including commercial, industrial, and residential.

See § 50-5.6C for more detailed information.

FLICKER EFFECT

Alternating changes in light intensity caused by the sun shining through the moving blades of a wind energy system that casts shadows on adjacent properties and objects, such as the windows of a building.

FOOD AND BEVERAGE RETAIL SALES

Retail sale of food and beverages for home consumption. Typical uses include groceries and delicatessens.

a) CONVENIENCE STORE — A retail establishment offering for sale food and beverage for off-site consumption, household items, newspapers and magazines, and other small convenience items typically found in establishments with long or late hours of operation. A convenience store has a gross floor area no larger than 5,000 square feet. This definition excludes delicatessens or other specialty food stores. A convenience store does not offer gasoline products for sale; if gasoline products are offered for sale, the use shall be classified as gasoline and fuel sales.
b) PACKAGE LIQUOR STORE — A retail sales 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 a sit-down restaurant, tavern, lounge, or fast order food establishment.
c) FOOD SALES (GROCERY) — A retail sales establishment selling food and beverages for off-site preparation and consumption that maintain a sizable inventory of fresh fruits, vegetables, fresh-cut meats, or fresh seafood and/or specialize in the sale of one type of food item. This use may also include sales of personal convenience and small household goods. Establishments at which 20% or more of the transactions are sales of prepared food for on-site consumption shall be classified as eating and drinking establishments.

FORBS

Nonwoody plants and wildflowers other than grasses.

FOSTER FAMILY GROUP HOME

See definition of "group living."

FOSTER FAMILY HOME

See definition of "group living."

FRATERNITY OR SORORITY

See definition of "group living."

FREESTANDING FACILITY

When used in conjunction with § 4.2W: Telecommunications Facilities, a new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances.

FUNERAL AND INTERMENT SERVICE

Provision of services involving the care, preparation or disposition of the dead. The following are funeral and interment services use types:

a) CEMETERIES and MAUSOLEUMS — A parcel of land designated to be used for the burial of human remains or storage of cremated remains of the dead., include columbaria, crematories, mausoleums and mortuaries, if operated in connection with, and within the boundaries of such cemetery.
b) CREMATING — Crematory services involving the purification and reduction of the bodies by fire. Typical uses include crematories and crematoriums.
c) FUNERAL HOME — Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries.

GASOLINE AND FUEL SALES

Retail sale, from the premises, of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services. Typical uses include automobile service stations, filling stations and truck stops.

a) WITHOUT VEHICLE SERVICE OR REPAIR — An establishment offering only sales of items listed above, and not offering or providing any of the types of service listed in the definition of "gasoline and fuel sales with minor vehicle service or repair below" or any other form of vehicle repair service.
b) WITH MINOR VEHICLE SERVICE OR REPAIR — An establishment offering sales of the items listed above that may also provide passenger vehicle minor repair or maintenance services within completely enclosed buildings. Minor motor vehicle services include quick-lube businesses, brake and muffler shops, battery and tire service shops and other vehicle maintenance establishments that do not typically render vehicles inoperable overnight. Minor vehicle service does not include body or fender bumping or painting shops, major motor repairing businesses, transmission and clutch repairs, or other types of vehicle repair that typically render vehicles inoperable overnight.

GOVERNMENT OFFICE

Any department, commission, independent agency, or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, township, authority, district, or other governmental unit.

GRAMINOIDS

Grasses, sedges, and rushes.

GREENHOUSE

An establishment where flowers, shrubs, vegetables, trees, and other horticultural and floricultural products are grown both in open and enclosed buildings.

GROSS FLOOR AREA

The sum of the gross horizontal floor areas including: Areas occupied by fixtures and equipment for display or sale of merchandise, and mezzanines and other partial floor areas. Such area shall be measured from the exterior faces of exterior walls or from the center line of walls separating two buildings or structures, excluding stairwells at each floor, elevator shafts at each floor, floors or parts of floors devoted exclusively to vehicular parking or loading, and all floors below the first or ground floor, except when used for or intended to be used for service by customers, patrons, clients, patients, or tenants.

GROUNDWATER

The water below the land surface in a zone of saturation, excluding those waters in underground piping for water, wastewater, or stormwater distribution/collection systems.

GROUP LIVING

Residential occupancy of a dwelling unit by other than a household and providing communal kitchen/dining facilities, for a period that includes overnight lodging. Typical uses include occupancy of fraternity and sorority houses, nursing/retirement homes, boarding houses and cooperatives. This use type does not include other group care facilities more specifically defined in this Ordinance.

a) ADULT FOSTER-CARE FAMILY HOME (SIX OR FEWER RESIDENTS) — Residence for the adult population in a private home with a design capacity of six or fewer residents (not including staff) that provides rooms, meals, personal care, and supervision of self-administered medication for five or more days a week, and for periods of two or more weeks. They may provide other services, such as recreational activities, financial services, and transportation. The adult foster care family home licensee must be a member of the household and an occupant of the home.
b) ADULT FOSTER-CARE SMALL GROUP HOME (SIX OR FEWER RESIDENTS) — Residence for the adult population with a design capacity of six or fewer residents (not including staff) that provides rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. The facility need not be located in a private home, and the licensee and caregivers need not live at the facility.
c) ADULT FOSTER-CARE MEDIUM/LARGE GROUP HOME (SEVEN TO 20 RESIDENTS) — Residence for the adult population with a design capacity of more of seven to 20 residents (not including staff) that provides rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. The facility need not be located in a private home, and the licensee and caregivers need not live at the facility.
d) ASSISTED LIVING FACILITY — Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. Assisted living facilities do not include the provision of health services by trained medical professionals on the premises.
e) DORMITORY — A building or portion of a building used by and financially supported by educational, medical, religious or other public and private institutions of higher learning used for housing students, but not including hotels, motels or rooming houses (also residence halls).
f) FOSTER FAMILY GROUP HOME (FIVE TO SIX CHILDREN) — A private home in which five or six minor children, who are not related to an adult member of the household by blood or marriage and who are not placed in the household pursuant to the Michigan Adoption Code, Chapter X of the Probate Code of 1939, 1939 PA 288, MCLA § 710.21 to 710.70, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
g) FOSTER FAMILY HOME (FOUR OR FEWER CHILDREN) — A private home in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage and who are not placed in the household pursuant to the Michigan Adoption Code, Chapter X of the Probate Code of 1939, 1939 PA 288, MCLA § 710.21 to 710.70, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
h) FRATERNITY or SORORITY — A dwelling occupied by members of a fraternity or sorority that is recognized by a local institution or higher learning.
i) NURSING/CONVALESCENT HOME — A state licensed medical establishment providing accommodation and care for aged or infirm persons, but not including a facility meeting the definition of a "hospital."
j) REHABILITATION CENTER (LIVE-IN FACILITIES WITH UP TO SIX BEDS) — A facility that provides short-term, primarily in patient care, treatment, and/or rehabilitation services for up to six persons recovering from mental or physical illness or injury who do not require continued hospitalization but do require medical or psychiatric treatment. This use does not include facilities meeting the definition of a "hospital" or "nursing/convalescent home." A rehabilitation center may include a nursing/convalescent home that provides all of the following services:

(1) physical therapy services,
(2) occupational therapy services, and
(3) speech therapy services.

k) ROOMING/BOARDINGHOUSE — Any dwelling or that part of any dwelling or dwelling unit containing one or more rooming units in which each rooming unit is let for sleeping purposes by the owner or operator to more than four persons who are not related by blood, marriage or adoption to the owner or operator. A "rooming unit" means any room or group of rooms forming a single, habitable unit or intended to be used for living and sleeping but not for cooking or eating purposes.
l) TRANSITIONAL RESIDENCES — A residential facility operated by a government agency or private, nonprofit organization that provides temporary accommodations and on-site management for homeless persons and/or homeless families or other persons requiring interim housing arrangements.

GUYED TOWER

See definition of "transmission tower."

HABITAT

The natural home or environment of an animal, plant, or any other living organism.

HABITAT CORRIDOR

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.

HEAVY EQUIPMENT REPAIR

See definition of "vehicle and equipment repair."

HISTORIC RESOURCES

Historic resources are all those currently designated either as districts or individually, locally or to the National Register of Historic Places; are included in any of the previous historic resources surveys carried out by the City, or are considered eligible for any of these designations or surveys.

HOME OCCUPATION

A business, profession, occupation, or trade that is conducted for gain as an accessory use within a dwelling unit by a resident of the dwelling unit. Home occupations must comply with those standards and conditions stated in § 4.3G: Home Occupations.

HOSPITAL

A state licensed medical establishment whose facilities provide in-patient accommodations; a wide range of medical and surgical care; and other in-patient health services for sick, ailing or injured persons; and including such related facilities as laboratories, outpatient departments, training facilities, central services and staff offices and residences that are integral with and accessory to the principal use of the establishment.

HOTEL

See definition of "lodging."

HOUSEHOLD LIVING

A use category including mostly household dwelling, and including residential occupancy of a dwelling unit by a household with tenancy arranged on a month-to-month or longer basis.

a) ATTACHED DWELLING — A dwelling containing no less than three nor more than eight dwelling units arranged side by side separated from each other by vertical party walls. No portion of a dwelling unit shall be constructed over or under any portion of an adjoining dwelling unit. No more than one dwelling unit may be served by a single stairway or by a single exterior door. An attached house may include condominium units.
b) CLUSTER HOUSING DEVELOPMENT — A residential development in which not all of the lots comply with minimum lot area and width standards, but in which the development as a whole conforms to the requirements of § 4.2G: Cluster Housing Developments. A cluster housing development may include condominium units.
c) DETACHED DWELLING — A dwelling containing one dwelling unit, and not attached to any other structure containing a dwelling unit. A detached house may also include a mobile home, modular home, manufactured home, or a condominium that meets all requirements of this Ordinance, including without limitation those use standards for a single-family dwelling contained in § 4.2L: Detached Dwelling.
d) DUPLEX — A dwelling containing two dwelling units, attached side-to-side or with one dwelling unit located above the second dwelling unit. A duplex may include condominium units.
e) MULTI-UNIT DWELLING — A dwelling containing three or more dwelling units. A multi-unit dwelling may include condominium units.
f) MOBILE HOME PARK — A parcel or tract of land under the control of a person where three or more mobile homes are located on a continual, nonrecreational basis and that is offered to the public for that purpose regardless of whether a charge is made for use or occupancy of a mobile home or any portion of the parcel or tract, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

INACTIVE

Defined to include those businesses/operations that are unoccupied and have no activity for at least 30 days.

INDOOR RETAIL SALES AND SERVICE

See definition of "retail sales and service."

INDUSTRIAL HEMP

Any part of the plant, whether growing or not, Cannabis sativa L. or the genus cannabis with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant regardless of moisture content. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.

INDUSTRIAL, GENERAL

Production, processing, assembling, packaging, or treatment of food and nonfood products; or manufacturing and/or assembly of electronic instruments and equipment and electrical devices. General industrial uses do not have nuisance conditions that are detectable from the boundaries of the subject property. Nuisance conditions can result from any of the following:

a) Continuous, frequent, or repetitive noises or vibrations;
b) Noxious or toxic fumes, odors, or emissions;
c) Electrical disturbances; or
d) Night illumination into residential areas.

INDUSTRIAL, INTENSIVE

Manufacturing, processing, or assembling of materials in a manner that would create any of the commonly recognized nuisance conditions or characteristics described above in the "general industrial" use type classification.

INVASIVE SPECIES

Any living organism that is not native to an ecosystem and causes the ecosystem harm.

KENNEL

See definition of "animal service."

LARGE COLLECTION FACILITIES

See definition of "recycling facility."

LATTICE TOWER

See definition of "transmission tower."

LAUNDRY SERVICE

Laundering, dry cleaning, or dyeing services other than those classified as "personal services, general". Typical uses include laundry agencies, diaper services and linen supply services.

LIGHT EQUIPMENT REPAIR

See definition of "vehicle and equipment sales and service."

LODGE, FRATERNAL AND CIVIC ASSEMBLY

Meetings and activities primarily conducted for members of such groups. Excludes group living, group care and lodging use types. Typical uses include meeting places for civic clubs, lodges, or fraternal or veteran organizations.

LODGING

Provision of lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests. The following are transient habitation use types:

a) BED-AND-BREAKFAST — An establishment located within a detached house that is the principal residence of the operator, where short-term lodging is offered for compensation and that includes the service of one or more meals to guests.
b) HOTEL — An establishment that does not meet the definition of bed-and-breakfast where

(i) short-term lodging is offered for compensation; and
(ii) lodging units are accessed from interior hallways. Hotel structures are generally more than two stories in height.

c) MOTEL — An establishment that does not meet the definition of bed-and-breakfast where

(i) short-term lodging is offered for compensation; and
(ii) lodging units are accessed by exterior doors opening directly on exterior parking areas or passageways. Motel structures generally do not exceed two stories in height.

LOT

A parcel of land, utilized in compliance with all the provisions of the Zoning Ordinance. A lot may or may not be a lot of record. A lot must have at least 20 feet of frontage on a public street or on an unobstructed and permanent easement to a public street.

LOT OF RECORD

A parcel of land, the dimensions of which are shown on a recorded plat on file with the Kalamazoo County Register of Deeds.

LOT TYPE

A lot type is defined by the combination of building siting, form, facade treatment, parking and access, and use. Refer to Article 5.

LOT, DOUBLE FRONTAGE

A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot (as distinguished from a corner lot).

MANUFACTURED HOME

A single-family detached housing unit that is built to the National Manufactured Housing Construction and Safety Standards of 1974 (42 U.S.C. § 5401), which became effective June 15, 1976 (i.e., HUD approved). The structure, transportable in one or more sections, that, in the traveling mode, is eight body feet or more in width or 30 body feet or more in length, or, when erected on site is 360 or more square feet, and that is built on a permanent chassis and designed to be used for human occupancy with or without a permanent foundation and includes the plumbing, heating and/or air conditioning, and electrical systems contained in such structure.

MANUFACTURING AND PRODUCTION, LIMITED

Establishments that do not involve outside storage of materials, do not require federal air quality discharge permits, are compatible with nearby residential uses because there are few or no offensive external effects, and are primarily engaged in one of the following.

a) On-site production of goods by hand manufacturing involving use of hand tools or light mechanical equipment. Products may be finished or semifinished and are generally made for the wholesale market, for transfer to other plants, for display or sale on site, or to order for customers or firms. Typical uses include instruction studios, ceramic studios, woodworking and cabinet shops, custom jewelry manufacturing, and similar types of arts and crafts or small-scale manufacturing; or
b) Manufacturing or assembling of electronic components, medical and dental supplies, computers, or other manufacturing establishments with similar characteristics; or
c) Craft food and beverage production, generally with a retail sales component on site. Typical uses include bakeries, microbreweries, wineries, or distilleries, cottage food operations, or packaged foods from local producers.

MANUFACTURING AND PRODUCTION, TECHNOLOGICAL

Production, processing, assembling, or packaging of products that rely upon research and technological innovation. Typical uses include manufacturing research instruments, electronic products, and surgical and medical instruments. This use type does not include uses that require federal air quality discharge permits.

MARIHUANA

All parts of the plant Cannabis sativa L. or of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this chapter, marihuana does not include: A. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination; B. Industrial hemp; or C. Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.

MARIHUANA ESTABLISHMENT, ADULT USE.

An adult use marihuana commercial business operation licensed pursuant to the MRTMA and permitted to operate by City ordinance.

MARIHUANA FACILITY

An enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Act, MCL 333.27101 et seq., including a marihuana grower, marihuana processor, marihuana provisioning center, marihuana secure transporter, or marihuana safety compliance facility. The term does not include or apply to a "primary caregiver" or "caregiver" as that term is defined in the Michigan Marihuana Act, MCL 333.26421 et seq.

a) GROWER — A licensee that is a commercial entity located in this state that cultivates, dries, trims or cures and packages marijuana for sale to a processor or provisioning center.

1) Class A: A licensed grower who is authorized to grow not more than 500 marihuana plants.
2) Class B: A licensed grower who is authorized to grow not more than 1,000 marihuana plants.
3) Class C: A licensed grower who is authorized to grow not more than 1,500 marihuana plants.

b) PROCESSOR — 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
c) 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, MCL 333.26421 et seq., is not a provisioning center for purposes of this article.
d) 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.
e) SECURE TRANSPORTER — A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilitates for a fee.
f) MEDICAL CANNABIS DISPENSARY: A provisioning center operated and whose license to operate is held solely by one or more registered qualifying patients and/or registered primary caregivers operating at a fixed location.

MARIHUANA FACILITY, MEDICAL

A medical marihuana commercial business operation licensed pursuant to the MMFLA and permitted to operate by City ordinance.

MARIHUANA or MARIJUANA

That term as defined in the Public Health Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq.

MARIHUANA-INFUSED PRODUCTS

A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption in a manner other than smoke inhalation.

MARQUEE

A permanent, roof-like shelter that extends from part or all of a building face and is constructed entirely of noncombustible materials.

MASTER PLAN

City of Kalamazoo planning document that outlines the community's vision primarily as it relates to land use and transportation.

MEDICAL SERVICE

Personal health services including prevention, diagnosis and treatment, rehabilitation services provided by physicians, dentists, nurses, and other health personnel and medical testing and analysis services. Typical uses include medical offices, clinics, dental laboratories, and health maintenance organizations. Excludes use types more specifically classified, such as hospitals.

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ)

Shall include its predecessors and successors.

MICROBREWERY

A small-scale brewer that produces beer for sale on the premises, as well as for off-site sales, as licensed by the State of Michigan.

MINING

Mining or extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil and gas drilling.

MINI-WAREHOUSES

See definition of "wholesale, storage, and distribution."

MIXED USE

Whenever the expression "mixed use" is used, it shall refer to the use of land for storage or parking space accessible to two or more different principal uses on adjacent lands.

MMFLA

The acronym for the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, MCL 333.27101 et seq.

MOBILE HOME

A mobile home is a structure, transportable in one or more sections, that is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure.

MOBILE HOME PARK

See definition of "household living."

MODULAR HOME

A dwelling unit that consists of building materials commonly used in on-site construction but that is pre-constructed off site into units and transported to the site on a removable undercarriage or flat bed and assembled for permanent location on the lot.

MONOPOLE

See definition of "transmission tower."

MOTEL

See definition of "lodging."

MRTMA

The acronym for the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCLA § 333.27951 et seq.

MULTI-UNIT DWELLING

See definition of "household living."

MURAL

A design or representation that is either (i) painted, (ii) drawn, or (iii) produced off-site and affixed in a structurally sound and workmanlike manner on the exterior wall of a building or structure that does not direct attention to a product, service, place, activity, person, institution, business or solicitation.

NATIVAR

A cultivar of a native plant species.

NATIVE SPECIES

A species that normally lives and thrives in a particular place as a result of natural processes, not human introduction, disturbance, or intervention. For the purposes of this chapter, a "particular place" is defined as Kalamazoo County.

NATURAL COMMUNITIES

Groups of plants and animals and their physical environment that have experienced minimal human-caused disturbance or recovered from that disturbance.

NATURAL FEATURES

Features defined in the Natural Feature Protection Overlay, specifically wetlands, water resources, trees, woodlands, floodplains, slopes, natural heritage areas, and habitat corridors.

NATURAL VEGETATION

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.

NREPA

Michigan's Natural Resources and Environmental Protection Act, 451 of 1994, as amended, MCLA §§ 324.101 through 324.90106.

NUDITY or STATE OF NUDITY

The knowing or intentional live display of a human genital organ or anus with less than a fully opaque covering or a female individual's breast with less than a fully opaque covering of the nipple and areola. Nudity, as used in this chapter, does not include a woman's breastfeeding of a baby regardless of whether the nipple or areola is exposed during or incidental to the feeding.

NURSING/CONVALESCENT HOME

See definition of "group living."

OCCUPIED SPACE

The first 15 feet inside a building measured from the front facade and on corner side facades. In this space, uses such as interior parking, residential units, storage, or utility areas may be restricted. Refer to Article 6: Zoning Standards; Lot Types, for more information.

OFFICE, ADMINISTRATIVE AND PROFESSIONAL

Professional, governmental, executive, management or administrative offices of private organizations or government agencies. Typical uses include government offices, administrative offices, legal offices and architectural firms.

OPACITY

The percentage of view blocked by a typical one foot square section of a fence, barrier, or buffer material. An "opaque" fence or wall is one with opacity of greater than 90%.

OPEN SPACE/NATURE PRESERVE

See definition of "community recreation."

ORDINARY HIGH-WATER MARK

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.

Diagram demonstrating how to measure different wetland and water resource setbacks.

OUTDOOR MARKET LOT TYPE

A lot type that focuses on the use of outdoor spaces on a lot for such uses as gardening, seating, dining, gathering, and retail. May include limited indoor areas in nonpermanent or open air structures, such as shipping containers, kiosks, or pergolas, for the sale of items or preparation of food items for sale, but with limited or no indoor seating. Permanent buildings are also permitted with this lot type, provided that they account for a small percent of the total lot area.

See § 50-5.6I for more detailed information.

OUTDOOR RETAIL SALES AND SERVICE

See definition of "retail sales and service."

OWNER

The person having the right of legal title or beneficial interest in or a contractual right to purchase a parcel of land. For the purpose of providing notices required by this Ordinance, the owner is the person who last paid taxes on any parcel as identified by property tax records. For purposes of making applications for approvals under this Ordinance, or responding to notices or enforcement actions under this Ordinance, the owner may also include a person or entity authorized in writing to appear on behalf of the person having the right of legal title or beneficial interest in or a contractual right to purchase a parcel of land. When used in conjunction with § 4.2W: Telecommunications Facilities, a person or entity with free title or a long-term (exceeding 10 years) leasehold to any parcel of land within the City who desires to develop, construct, build, modify, or erect a transmission tower upon such parcel of land.

PACKAGE LIQUOR STORE

See definition of "food and beverage retail sales."

PARCEL, PARENT

The parcel or tract of land lawfully in existence on the effective date of the Natural Features Protection Overlay District.

PARKING SPACE

A surfaced area, enclosed in the main building or in an accessory building or unenclosed, that is designated and used for off-street parking of a motor vehicle.

PARKING, COMMERCIAL

Facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking use.

PARKS/RECREATION FACILITY

See definition of "community recreation."

PERFORMANCE STANDARDS

Those BMPs and engineering controls contained within the document "City of Kalamazoo Performance Standards for Groundwater Protection within Wellhead Protection Capture Zones and Stormwater Quality Management."

PERSON

Any natural person, firm, partnership, association, corporation, company, trust estate, or other legal entity, private or public, whether for profit or not for profit.

PERSONAL CONVENIENCE SERVICE

Provision of small personal items or consumer-oriented, personal services that do not include services from a licensed health or mental health care professional. These include various general retail sales and personal services of a small, neighborhood-scale. Typical uses include neighborhood grocery stores, drugstores, laundromats/dry cleaners and barbershops.

PERSONAL IMPROVEMENT SERVICE

Informational, instructional, personal improvement, and similar services. Excludes services classified as "spectator sports and entertainment," "participant sports and recreation" or "transient habitation." Typical uses include photography studios, driving schools and weight reducing salons.

PLANNING COMMISSION

The Planning Commission of the City of Kalamazoo.

PLAYGROUND

Any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards.

POSTAL SERVICE

Mailing services and processing as traditionally operated or leased by postal and parcel service companies.

PRESERVE

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.

PRIMARY FACADE

The exterior face of a building that is the architectural and functional front of a building, and is oriented toward the primary street. A building has only one primary facade.

PRINCIPAL USE

The predominant use or uses to which a lot or structure is devoted.

PROCESS or PROCESSING

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.

PROCESSING CENTER

See definition of "recycling facility."

PROPERTY LINE

Also referred to as "lot line." Refer to Figure 1.3-1, Build-to Zone, Property Lines, and Yards.

PROPERTY LINE, FRONT

Also referred to as a "front lot line." The intersection of the right-of-way and the property or lot; the area from which the front build-to zone is set. Refer to Figure 1.3-1, Build-to Zone, Property Lines, and Yards. A. When a primary street abuts a through or corner lot, the front property line is that property line along the primary street. B. 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.

PROVIDER

When used in conjunction with § 4.2W: Telecommunications Facilities, a person in the business of designing and using telecommunication facilities including cellular radiotelephones, personal communications services, enhanced/specialized mobile radios, and commercial paging services.

PUBLIC LIBRARY

A library established and operated by an accredited college or university, community college district, the City, a public school district, or other local unit of government or authority, or combination of local units of governments and authorities, and whose services are available for use by the public.

PUBLIC SAFETY SUBSTATION

A facility that provides protection to a district or entity according to fire, life, and safety code sections, together with the incidental storage and maintenance of necessary vehicles, but not including a facility in which only administrative services are provided (i.e. headquarters offices). Typical uses include fire stations, police stations and ambulance services.

PUBLIC UTILITY

Any person, firm, or corporation, municipal department, board or commission duly authorized to provide public utilities under federal, state, or municipal regulations, including but not limited to gas, steam, electricity, sewage disposal, communication, telegraph, and water.

RCRA

Means the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580; 42 U.S.C. 6901 et seq.), as amended.

RECYCLING FACILITY

A licensed facility for the collection and/or processing of recyclable materials, primarily household and communal waste. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use that is used solely for the recycling of material generated by that residential property, business or manufacturer. A recycling facility does not include scrap or salvage establishments and does not include the washing of equipment. Recycling facilities may include the following:

a) LARGE COLLECTION FACILITIES — A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public occupying an area of more than 500 square feet, that may or may not include permanent structures.
b) SMALL COLLECTION FACILITIES — A center or facility for the acceptance by donation, redemption, or purchase, of recyclable materials from the public occupying an area of no more than 500 square feet.
c) PROCESSING CENTER — A building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

REGULARLY

When used in connection with the terms "regular features," "regularly shown" or similar terms in § 4.2B: Adult Regulated Uses, a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

REGULATED SUBSTANCES

1. Shall include:

a) Substances for which there is a material safety data sheet (MSDS), as established by the United States Occupational Safety and Health Administration, and the MSDS cites possible health hazards for said substance;
b) Hazardous waste, as defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended;
c) Hazardous substances, as defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with the U.S. EPA regulations;
d) Radiological materials; and
e) Biohazards.

2. Regulated substances shall not, however, include:

a) Substances in an amount equal or less than 2,200 pounds that are in an area capable of fully containing a total release of said substance or an area that would drain the substance to a wastewater treatment system, excluding septic tanks systems, capable of treating the released substance(s);
b) Substances in a parked or stopped vehicle in transit, provided the vehicle is stopped or parked for less than 72 hours;
c) Substances, such as gasoline or oil, in operable motor vehicles or boats so long as used solely for the operation of the vehicle, but not the tanker portion of a tank truck;
d) Pressurized gases such as chlorine, propane, hydrogen, and nitrogen when in a chemical storage tank;
e) Refrigerants contained within equipment and used for on-site air cooling or in household appliances;
f) Substances contained within electrical utility transformers/switches; or
g) Substances used in construction for which all necessary permits have been obtained, and in accordance with the "Performance Standards."

REHABILITATION CENTER

See definition of "group living."

RELEASE

The spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of one or more regulated substances upon or into any land or water within a capture zone. Release includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site sewage disposal system, dry-well, catch basin, or landfill. The term "release" when used and applied herein does not include: 1. Disposal in accordance with all applicable legal requirements, including those in RCRA and CERCLA, of hazardous wastes in a facility that has received and maintained all necessary legal approvals for that purpose; 2. Disposal of any substance in compliance with applicable legal requirements, including, without limitation, the terms and provisions of a valid municipal, state, or federal permit; 3. Disposal, in accordance with all legal requirements, of any substance to a sanitary sewer system that has received and maintained all necessary legal approvals for that purpose; 4. Disposal, in accordance with all legal requirements, of "sanitary sewage" to subsurface sewage disposal systems as defined and permitted by the State of Michigan or Kalamazoo County Environmental Health; 5. A release for which there is no obligation to report under federal, state, or other local regulations that occurs on an impervious ground surface (e.g., building floor or concrete driveway) that is effectively cleaned up before reaching permeable ground (e.g., unpaved), a dry well, a storm sewer, or surface water body; or 6. The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc. as used in routine agricultural operations and applied under the "Generally Accepted Agricultural Management Practices," and consistent with label directions approved by the United States Environmental Protection Agency or the Michigan Department of Agriculture.

RELIGIOUS ASSEMBLY

Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques, and churches.

REPAIR SERVICE, CONSUMER

Provision of repair services to individuals and households, but not to firms. Excludes automotive and equipment use types. This use does not include heavy or light equipment sales, servicing, or repair. Typical uses include appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.

RESEARCH AND DEVELOPMENT

Research of an industrial or scientific nature generally provided as a service or conducted by a public agency or private firm. Typical uses include electronics research laboratories, environmental research and development firms, agricultural and forestry research labs, and pharmaceutical research labs.

RESTAURANT

An establishment where food and drink are prepared, served, and consumed, mostly within the principal building.

RESTORATION

The process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed.

RETAIL SALES AND SERVICE

Businesses involved in the sale, lease or rent of new or used products to the general public. Excludes agricultural sales, animal services, automotive and equipment, business equipment sales and services, construction sales and services, food and beverage retail sales, gasoline sales and swap meets.

a) INDOOR — The display and sale of products and services shall take place entirely within an enclosed building or structure. Typical uses in this category include department stores; apparel stores; hobby stores; bookstores; media stores; and furniture stores.
b) OUTDOOR — Part or all of the display and sale of products and services, may take place outside of an enclosed building or structure. Typical uses in this category include sales of automobiles, trucks, motor homes, and other large vehicles; garden supplies, flowers, shrubs, and other plant materials; gas, tires, and motor oil (not in conjunction with gasoline or fuel sales); farm equipment; burial monuments; building and landscape materials; and lumber.

RETAIL STORE

Any and all mercantile establishments selling goods, wares or merchandise at retail or wholesale except as otherwise specified in this Ordinance.

RETENTION BASIN

A pond, pool, or basin used for the permanent storage of water runoff.

RIPARIAN AREA

The area adjacent to a water resource or wetland.

ROOFLINE

The top edge of the roof or the top of a parapet, whichever forms the top line of the building silhouette.

ROOMING/BOARDINGHOUSE

See definition of "group living."

RUNOFF

The portion of precipitation that does not soak into the ground or evaporate.

SALES AND GROOMING

See definition of "animal service."

SCALE

Typically defined by the adjacent buildings and rights-of-way, scale refers to the size or massing of a structure or street.

SCHOOLS

Public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education.

SCRAP AND SALVAGE OPERATIONS

Storage, sale, dismantling, or other processing of used, source-separated, or waste materials not intended for reuse in their original form. Typical uses include automotive wrecking yards, junkyards, and salvage yards, but not recycling facilities.

SEATING CAPACITY

When used in computing required amounts of parking or loading pursuant to Article 7: Parking and Loading Regulations, the capacity of a facility to accommodate patrons or visitors, measured as follows:

a) If the plans and specifications filed with the Building Inspector specify a certain fixed seating capacity for a particular building such specified fixed seating capacity shall be used as the basis for computing the storage or parking area required.
b) If no plans or specifications specifying a seating capacity have been filed with the Building Inspector, then the number of seats shall be calculated by dividing the lateral length of seating facilities by 20 linear inches. Each twenty-inch length in such measurement shall be counted as one seat.

SEMINUDE OR STATE OF SEMINUDITY

A state of dress in which opaque covering covers no more than the genitals or anus and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided that the areola and nipple are not exposed in whole or in part.

SEMIPERVIOUS MATERIALS

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.

SIGN

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, alleys 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.

SIGN AREA

The entire area within a circle, triangle, parallelogram or any other shape that encloses the extreme limits of writing, representation, emblem, logo or any other figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the structure necessary to support the sign and decorative elements to enclose sign supports. Where the sign has two or more faces, the area of all faces shall be included in computing the area of the sign except:

a) If the sign contains two faces, the area of the sign shall be computed as the area of one face; and if such faces are of an unequal area, the larger of the two faces shall determine the area.
b) If the sign contains more than two faces (for example, a triangular sign with three distinct faces), the area of the sign shall be computed as the total area of all faces added together.
c) Where a sign consists solely of writing, representation, emblems, logos or any other figure of similar character that is painted or mounted on the wall of a building or a self-supporting wall or fence, without a distinguishing border, the area of such sign shall be computed as if it were framed by a border consisting of horizontal and vertical lines extending not more than six inches from such sign elements.

SIGN, ABANDONED

A sign that no longer correctly advertises or directs a person to a bona fide business, person, goods, product, activity or service.

SIGN, AWNING

A sign painted on, printed on or attached flat against the surface of an awning.

SIGN, CANOPY

A sign displayed and affixed flat on the surface of a canopy and does not extend vertically or horizontally beyond the limits of the canopy.

SIGN, CHANGEABLE COPY

Either of the following:

a) MANUAL — A sign on which a copy is changed manually, such as header boards with changeable letters or pictorials; or
b) AUTOMATIC — An electrically controlled sign, where different copy changes are shown on the same unexposed lamp bank or rotating portion of the face of the sign. The following definitions are used in association with automatic changeable copy signs:

1) DISSOLVE - A mode of message transition on an electronically changeable copy sign accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
2) FADE - A mode of message transition on an electronically changeable copy sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
3) FLASH - A mode of message transition on an electronically changeable copy sign accomplished by varying the light intensity, where the message instantly and repeatedly reduces or increases intensity.
4) SCROLL - A mode of message transition on an electronically changeable copy sign accomplished by the movement of a message.

SIGN, COLD-AIR INFLATABLE BALLOON

A temporary/portable sign composed of a nonporous bag of tough, light material filled with unheated oxygen that may or may not float in the atmosphere.

SIGN, COMMUNITY SPECIAL EVENT

A sign, other than a public building bulletin board, that is erected for a limited time to call attention to special events of interest to the general public and sponsored by nonprofit groups, associations or corporations.

SIGN, CONSTRUCTION

A sign identifying the names of the project developers, contractors, engineers, architects and financial institutions, that is located on a site being developed or improved.

SIGN, DIRECTIONAL

Any sign that serves to designate the location or direction of any place or area located on the premises on which the sign is located.

SIGN, ELECTION CAMPAIGN

A sign that advocates or opposes a candidate for political office or an issue to be determined at an official federal, state, county, school or municipal election.

SIGN, FESTOON

A sign consisting of strings of exposed incandescent light bulbs, balloons or strings of pennants hung overhead to draw attention to items on display or a particular business establishment.

SIGN, FLASHING

A sign (i) that contains an intermittent or flashing, shimmering, or blinking light, or (ii) that gives the illusion of intermittent or flashing light by means of animation, mirrored surfaces, or an externally mounted intermittent light source, or (iii) that produces moving images through the use of video presentations or the creation of animated or moving images (such as "Jumbotron" light signs).

SIGN, FREESTANDING

A sign erected on a freestanding frame, mast, or pole and not attached to a building.

SIGN, HEIGHT

The vertical distance measured from the ground immediately beneath the sign to the highest point of the sign or its projecting structure.

SIGN, HELIUM-INFLATABLE BALLOON

A temporary/portable sign composed of a nonporous bag of tough, light material filled with helium that may or may not float in the atmosphere.

SIGN, ILLUMINATED

A sign that provides artificial light directly on or through any transparent or translucent material from a source of light connected with such sign, or a sign illuminated by a light source so obscured and shielded that no direct rays from it are visible from a public right-of-way or from an abutting property.

SIGN, MARQUEE

A sign displayed on a marquee and does not extend vertically or horizontally beyond the limits of the marquee.

SIGN, NONCONFORMING

A sign that lawfully occupies a building or land that does not conform to the regulations of the zoning district in which it is located.

SIGN, OFF-PREMISES

A sign other than an on-premises sign.

SIGN, OFF-PREMISES DOUBLE-FACED

An off-premises sign containing not more than two sign faces located back-to-back and parallel to each other on the same structure.

SIGN, OFF-PREMISES STRUCTURE

A freestanding column, including associated supports and framework, that supports an off-premises sign independent of any building.

SIGN, ON-PREMISES

A sign identifying or advertising a business, person, activity, or service located on the premises where the sign is located.

SIGN, PERMANENT

Any sign that does not meet the definition of a "sign, temporary/portable."

SIGN, PROJECTING

A sign, other than a wall or marquee sign, that is perpendicularly attached to and projects from a structure or building face.

SIGN, REAL ESTATE

A sign pertaining to the sale, lease, or rental of a building or land.

SIGN, ROOF

A sign erected upon, against or directly above a roof, or on top of or above the parapet of a building.

SIGN, SANDWICH BOARD

A temporary A-frame sign, not secured or attached to the ground or any building or structure, composed of a sign panel and supporting structure or one or more panels that form both the structure and sign face, and that is intended to be placed in a sidewalk or pedestrian way.

SIGN, SPECIAL EVENT

A temporary sign that advertises a special event. This does not include signs held or supported by a human or animal, which are not permitted.

SIGN, SPECIAL PURPOSE OR SEASONAL

A sign, other than an on- or off-premises sign, including, but not limited to, traffic signs, rest room signs, vending machines, door-opening directions, residential merchandise sales signs, organizations and signs, such as Christmas decorations, used for a historic holiday and installed for a limited period of time.

SIGN, SUBDIVISION

A sign that advertises a residential or commercial subdivision.

SIGN, SWINGING

A sign, installed on an arm or spar, that is not permanently fastened to an adjacent wall or upright pole and is prohibited.

SIGN, TEMPORARY/PORTABLE

A sign and sign structure

(a) that is not constructed or intended for long term use in a fixed location, or
(b) that is designed to facilitate the movement of the sign from one location to another, or
(c) that is not permanently affixed including, but not limited to, devices, such as balloons or other inflatable devices, flags, streamers, searchlights, twirling or sandwich signs, banners, posters, sidewalk or curb signs, signs mounted on or affixed to trailers or wheels of any type and strings of lights, but not including a seasonal sign.

The sign may or may not have wheels, changeable letters and/or hitches for towing.

SIGN, WALL

A sign that is painted or attached directly to the wall or other exterior surface of a building, or is directly visible through and attached to the inside or outside of a window of a building, and that does not project more than 18 inches from the exterior surface, with the face of the sign running on a parallel plane to the exterior surface of the building wall.

SIT-DOWN RESTAURANT

See definition of "eating and drinking establishments."

SITE CHARACTERISTICS

Minor, physical development features on a lot, including signage, landscaping, parking, driveway location, and other physical, but nonstructural elements of a site.

SLOPE

The area of the ground surface where there is a change in elevation over a horizontal distance.

SLOPE ANALYSIS

An analysis based upon a topographic survey used to calculate the grade of slopes.

SLOPE FACE

The surface area of the slope from top to toe of slope. Refer to Figure 1.3-2 Parts of a Slope.

SLOPE PERCENT GRADE

The vertical change in the elevation of the ground surface (rise) divided by the specific horizontal distance (run) multiplied by 100.

SMALL COLLECTION FACILITIES

See definition of "recycling facility."

SPECIFIED ANATOMICAL AREAS

Portions of the human body defined as follows:

a) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola;
b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

The explicit display of one or more of the following:

a) Human genitals in a state of sexual stimulation or arousal;
b) Acts of human masturbation, sexual intercourse, or sodomy;
c) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

SPILL CONTINGENCY PLAN

A written site-specific plan conforming to the specifications contained in the "Performance Standards," including the documentation of general site operations; regulated substance storage areas; potential for releases of regulated substances and an analysis of the potential destination of such releases; and procedures to be followed in the event of a release.

SPORTS AND RECREATION, PARTICIPANT

Provision of sports or recreation primarily by and for participants. (Spectators would be incidental and on a nonrecurring basis). The following are participant sports and recreation use types (for either general or personal use):

a) INDOOR — Those uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, swimming pools and physical fitness centers.
b) OUTDOOR — Those uses conducted in open facilities. Typical uses include driving ranges, miniature golf courses and swimming pools.

STEALTH

When used in conjunction with § 4.2W: Telecommunications Facilities, any transmission tower or telecommunications facility that is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and transmission towers designed to look other than like a transmission tower such as light poles, power poles, and trees. The term "stealth" does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole transmission tower designs.

STORAGE OF VEHICLES AND BOATS

See definition of "vehicle and equipment sales and service."

STORMWATER BEST MANAGEMENT PRACTICES (BMP)

Tools used to prevent or reduce stormwater runoff and/or associated pollutants as determined by professional associations, the State of Michigan, or the federal government, such as the Michigan Low Impact Development Manual.

STORMWATER RUNOFF

Runoff and any other surface water drainage that flows into natural or man-made drainageways.

STORY

That portion of a building between a floor and the floor or roof next above it. A basement shall be counted as a story if its ceiling is over four feet above the average adjoining ground surface. An attic is to be counted as a story if it is occupied as a dwelling unit, or a part of a dwelling unit, or used for business sales or showrooms.

STORY, GROUND

Also referred to as "ground floor." The first floor of a structure that is level to or elevated above the finished grade, measured at the front and corner facades. This excludes partially aboveground basement areas. Refer to Figure 5.3-1, Measuring Height.

STORY, HALF

A floor located partially below grade and partially above or a floor located within the roof structure facing that has transparency facing a street.

STORY, UPPER

The floors of a structure located above the ground story. Also referred to as "upper floor."

STREET, PRIMARY

A street designated as having priority over other streets in terms of setting the front lot line, locating building entrance, and facade treatment. On corner lots, the primary street is determined by the street type with the following order of priority: priority street, main street, connector street, and neighborhood street.

STREET, SECONDARY

A street designated as not having priority over other streets. Secondary streets typically serve as preferred location for vehicular access points, and buildings fronting secondary streets may have a reduction in the facade requirements. Refer to Figure 1.3-2, Primary Street Map.

STREET, TYPES

The types of rights-of-way and associated treatment of vehicular, bicycle, and pedestrian ways within as defined by the Master Plan.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, bearing walls, columns, beams or girders, or any expansion or addition to the floor space of a building by the addition of bearing walls, columns, beams or girders.

STRUCTURE

Anything built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

STRUCTURE, ACCESSORY

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.

STRUCTURE, PRIMARY

A structure that contains the lot's primary use and is located in the front build-to zone. A lot may contain more than one primary structure. Refer to § 50-5.6, Lot type standards.

SUBSTANTIALLY ALTERED

When used in connection with Chapter 7 (Signs), a change in a sign or sign structure, as differentiated from maintenance or repair, including a change in height, location, area, shape or material, except that which occurs in manual or automatic changeable-copy signs.

SURFACE, IMPERVIOUS

Areas covered with surfaces that do not allow at least 40% absorption of water into the ground, including areas for driveways, parking lots, and walkways and structures.

SURFACE, PERVIOUS

An area that allows for the absorption of water into the ground or vegetation; also referred to as "permeable area."

SURFACE, SEMIPERVIOUS

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.

TAVERN or LOUNGE

See definition of "eating and drinking establishments."

TEAROOM/CAFE

See definition of "eating and drinking establishments."

TELECOMMUNICATIONS FACILITIES

When used in conjunction with § 4.2W: Telecommunications Facilities, any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications that a person seeks to locate or has installed upon or near a transmission tower or antenna support structure. However, the term telecommunications facilities shall not include any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

TEMPORARY USE

A use approved by the Zoning Board of Appeals to exist for a defined period of time.

THREATENED SPECIES

Any species recognized by the State of Michigan and/or the federal government which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

TOE OF SLOPE

The lowest part of a slope. Refer to Figure 1.3-2, Parts of a Slope.

TOP OF SLOPE

The highest part of a slope. Refer to Figure 1.3-2, Parts of a Slope.

TRANSIENT MERCHANT

A person or entity engaged in the sale or goods or the provision of services for payment or benefit, but who has no fixed place of business. Transient merchants are required to obtain a permit to do business from the City Clerk's office, and to maintain such permit in good standing at all times when business is conducted.

TRANSITIONAL RESIDENCES

See definition of "group living."

TRANSMISSION TOWER

When used in conjunction with § 4.2W: Telecommunications Facilities, the monopole or lattice framework designed to support transmitting and receiving antennas. For the purposes of this section, amateur radio transmission facilities are not "transmission towers." Transmission towers include:

a) GUYED TOWER — A tower that is supported by the use of cables (guy wires) that are permanently anchored;
b) LATTICE TOWER — A tower characterized by an open framework of lateral cross members that stabilize the tower; and
c) MONOPOLE — A single upright pole, engineered to be self supporting and does not require lateral cross supports or guys.

TURF GRASS

Any variety of commercial grasses grown and maintained to form turf.

UNDERSTORY

The layer or layers of woody vegetation, including understory trees and shrubs, that naturally grow beneath a tree canopy.

USE, ACCESSORY

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.

USE, PRIMARY

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.

UTILITIES AND PUBLIC SERVICE

Services and public utilities that have substantial impacts. Such uses may be permitted when the public interest supersedes the usual limitations placed on land use and transcends the usual restraints of the district for reasons of necessary location and community wide interest. Typical uses include: water and wastewater treatment facilities, major water storage facilities, airports, and detention, probation and correction institutions

VEGETATED BUFFER

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.

VEHICLE AND EQUIPMENT SALES AND SERVICE

Sales of motor vehicles or services related to motor vehicles. The following are vehicle and equipment sales and service use types:

a) CAR WASH — Washing and polishing of automobiles. Typical uses include automatic and hand car washes.
b) FLEET STORAGE — Fleet storage of vehicles used regularly in business operation and not available for sale, or long-term storage of operating vehicles. Typical uses include taxi fleets, mobile-catering truck storage, and auto storage garages.
c) HEAVY EQUIPMENT REPAIR — Repair of trucks and other heavy equipment as well as the sale, installation, or servicing of automotive equipment and parts together with body repairs, painting, and steam cleaning. Typical uses include engine repair shops, body shops and motor freight maintenance groups.
d) LIGHT EQUIPMENT REPAIR — Repair of automobiles and the sale, installation, and servicing of automobile equipment and parts but excluding body repairs and painting. Typical uses include muffler shops, auto or motorcycle repair garages and auto glass shops.
e) HEAVY EQUIPMENT SALES/RENTALS — Sale, retail or wholesale, and/or rental from the premises of heavy construction equipment, trucks, and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.
f) LIGHT EQUIPMENT SALES/RENTALS (INCLUDING AUTOMOBILES) — Sale, retail, wholesale, or rental from the premises of autos, noncommercial trucks, motorcycles, trailers with less than 10,000 pounds gross cargo weight, motor homes and boat dealers, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicles sales and rental agencies.
g) STORAGE OF NONOPERATING VEHICLES — Storage of nonoperating motor vehicles. Typical uses include storage of private parking towaways and impound yards.
h) STORAGE OF RECREATIONAL VEHICLES AND BOATS — Storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles and boats.

VETERINARY CLINIC

See definition of "animal service."

VETERINARY HOSPITAL

See definition of "animal service."

WAREHOUSE LOT TYPE

A lot type that maintains the urban character of an area while considering the needs of commercial and industrial uses.

See § 50-5.6F for more detailed information.

WELLHEAD

Any individual well used for supplying water.

WETLAND DETERMINATION

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."

WHOLESALE, STORAGE, AND DISTRIBUTION

Wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution use types:

a) MINI-WAREHOUSES — Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant; but in no case shall storage spaces in a mini-warehouse facility function as an independent retail, wholesale, business, or service use. Spaces shall not be used for workshops, hobby shops, manufacturing, or similar uses. Human occupancy shall be limited to that required to transport, arrange and maintain stored materials.
b) LIGHT — Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.
c) HEAVY — Open-air storage, distribution, and handling of materials and equipment, or bulk storage of fuel. Typical uses include monument or stone yards, grain elevators and large-scale fuel storage.

WILD-TYPE

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.

WIND ENERGY UNIT

A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes a wind turbine, blades, tower or monopole, and all related electrical equipment or system components. Such systems include building-mounted and freestanding units.

a) BUILDING-MOUNTED WIND ENERGY UNIT — A wind energy structure that is installed on the top of a building roof or attached to the side or rear of a building.
b) SMALL, FREESTANDING WIND ENERGY UNIT — A monopole or tubular-designed wind energy structure with a maximum height of 60 feet.
c) LARGE, FREESTANDING WIND ENERGY UNIT — A monopole or tubular-designed wind energy structure with a maximum height of 200 feet.
d) MULTIPLE WIND ENERGY UNITS — Grouping of monopole or tubular-designed, freestanding wind energy structures that are allowed on multi-acre parcels.
e) BREAKING/FEATHERING SYSTEM — A system included in a wind energy structure that prevents uncontrolled rotation, over-speeding, and excessive pressure on the tower facility, rotor blades, and other wind energy components to promote safe and efficient operation.

YARD - ATTACHED LOT TYPE

A lot type that supports the development of buildings that are slightly set back from the front property line and typically contains residential uses. In the districts where the yard - attached lot type is permitted with development standards (PD), the lot type is only permitted when it contains two or more units. Refer to § 50-4.4A(4).

See also § 50-5.6G for more detailed information.

YARD - DETACHED LOT TYPE

A residential lot type that allows for detached buildings that are set back from the street. Typically it supports residential uses.

See § 50-5.6H for detailed information

YARD, FRONT

That area measured by the full width of the front lot line to a depth measured from said front lot line to the first supporting member of a structure. In the case of corner lots, the front yard shall be the area measured by the lot lines on each street to a depth measured from said lot lines to the first supporting member of the structure.

YARD, REAR

That area measured by the full width of the rear lot line to a depth measured from said rear lot line to the rear-most supporting member of a structure.

YARD, SIDE

An open space unoccupied and unobstructed from the ground upward between the building and the side lot line extending from first supporting member of a structure in the front to the rear-most supporting member of a structure.

YOUTH CENTER

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.

ZONING BOARD

The Zoning Board of Appeals of the City of Kalamazoo.

ZONING DISTRICT, BASE

Also referred to as "underlying zoning." The zoning regulations applied to a parcel according to the Zoning Map.

ZONING DISTRICT, OVERLAY

A set of standards placed on a parcel in addition to the standards of the Base Zoning District.

City of Kalamazoo, MI

MapLink™ | Definitions