City of Kalamazoo - Land Uses

Accessory dwelling units (ADU)

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

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D2, D3, LW1, LW2, N-Node, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Maximum 1 parking space per dwelling unit. On-street parking, if available overnight, can be used to meet this requirement if located within 660 feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
(a) Units in secondary buildings.

[1] Quantity. One accessory dwelling unit in a primary structure is permitted per lot.
[2] Maximum unit size. The maximum unit size is 950 square feet.

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

[1] Quantity. One accessory dwelling unit interior to a principal building is permitted.
[2] Maximum unit size. The maximum unit size is less than or equal to 30% of the square footage of the primary residential unit or 600 square feet, whichever is larger.

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

Accessory uses and structures

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

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
§ 4.3 Accessory and Temporary Uses and Structures.
The standards of this section apply to all accessory and temporary uses and structures unless otherwise expressly stated.

A. Purpose. This section regulates uses and structures that are incidental to principal uses and buildings to prevent them from becoming the predominant element of the site. The standards provide for necessary access around structures, help maintain privacy to abutting lots, and maintain open front setbacks.

B. General Standards.

1. Subordinate to Principal Use. Accessory uses and structures must be subordinate to the principal use and structure on the subject lot in terms of area, extent and purpose.

2. Time of Establishment and Removal. Accessory structures must be constructed in conjunction with or after the principal building. They may not be built prior to the construction of the principal structure. No accessory use or structure may continue in use or operation after the principal primary structure or principal to which it is accessory has been removed or ceased operation, unless the accessory use is also listed as a permitted use in the zone district.
3. Compliance with District Standards. Unless otherwise expressly stated, the setback, height, and building coverage standards of the underlying district apply to both principal and accessory structures.

C. Building Coverage.

1. The combined footprint of all detached covered accessory buildings may not exceed 20% of the total area of the lot, unless a larger lot coverage is specifically permitted by another provision of this Ordinance.

2. A detached accessory building may not have a larger building footprint than the building footprint of the principal structure.

D. Location in Required Setbacks.

1. Accessory structures not more than 16 feet in height may be located in required rear setbacks if they do not occupy more than 33% of the actual rear yard area and are located at least three feet from any lot line. Preexisting, detached, conforming accessory structures located in rear yards shall not become nonconforming if the primary structure on the site is expanded causing any portion of the accessory structure to be in the side yard.

2. Trellises that provide entry into a property may be located in required front yard setbacks if they are no more than eight feet tall, eight feet wide, and eight feet deep, are not located in the public right-of-way, do not obscure or block vehicular traffic lines of sight, do not impede or block pedestrian circulation, and do not hinder access to the property by emergency services and equipment. One such trellis is allowed per pedestrian entrance into a property. When required by the Building Official, a building permit shall be obtained prior to the erection of a trellis.

3. Mechanical structures, such as heat pumps, air conditioners, emergency generators, and water pumps are not allowed in required front setbacks, but may be located in rear or side setbacks if located at least three feet from rear and side lot lines.

4. No ornamental or other lawn feature, including but not limited to statues, figurines, decorations, art objects, animal shelters, containers, or other similar items, over 2 1/2 feet in height shall be installed or maintained within 25 feet of any public street, or within any triangular area defined by the following three types of points:

a) Point 1: The point of intersection of intersection of any public street with (i) any other public street, or (ii) any railroad right-of-way with an at-grade crossing, or (iii) any private driveway (other than a driveway for a single- or two-family residential structure);
b) Point 2: A point along the side right-of-way line of the first public street located 25 feet away from the point of intersection; and
c) Point 3: A point along the side line of second public street, or the railroad right-of-way, or the private driveway, located 25 feet away from the point of intersection.

E. Height of Accessory Buildings. Unless otherwise expressly stated, no accessory building in a residential district may exceed 16 feet in height. In a nonresidential district, no accessory building may exceed the height of the principal building on the same lot.

F. Setbacks. Unless otherwise expressly stated, accessory structures may not be located in the front yard. Detached garages and carports can be located in front yards but not in required front yard setbacks.

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

(1) Front yard. Accessory structures are not permitted in the front yard unless otherwise noted.
(2) Corner side yard. Accessory structures shall be set back 15 feet from a corner side property line or the setback distance of the principal structure if it is less than 15 feet, unless otherwise stated in this article.
(3) Setback. Accessory structures shall be set back three feet from side and rear property lines.
(4) Height. Accessory structures shall not exceed the height of the principal structure unless otherwise stated in this article.
(5) Lot coverage. Accessory structures count toward a lot's impervious coverage. Placement of an accessory structure cannot make a lot exceed its impervious coverage requirement.

Adult Foster Care Family Home (6 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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, CO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per facility vehicle; Maximum 1 parking space per 5 beds
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2A

A. Adult Foster Care Family Home and Group Home. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license. Any facility with seven or more residents must be located at least 1,500 feet from any adult foster care facility with seven or more residents.

Adult Foster Care Medium/Large Group Home (7 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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, CO, RM15, RM15C, RM24, RM36, RMU Districts where use may be allowed as a conforming use: CNO

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per facility vehicle; Maximum 1 parking space per 5 beds
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2A

A. Adult Foster Care Family Home and Group Home. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license. Any facility with seven or more residents must be located at least 1,500 feet from any adult foster care facility with seven or more residents.

Adult Foster Care Small Group Home (6 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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, CO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per facility vehicle; Maximum 1 parking space per 5 beds
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2A

A. Adult Foster Care Family Home and Group Home. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license. Any facility with seven or more residents must be located at least 1,500 feet from any adult foster care facility with seven or more residents.

Adult regulated uses

Any of the following:

a) Adult Arcade or Mini Motion-Picture Theater
b) Adult Bookstore, Adult Novelty Store or Adult Video Store
c) Adult Booth
d) Adult Cabaret
e) Adult Motel
f) Adult Motion-Picture Theater
g) Adult Outdoor Motion-Picture Theater
h) Adult Model Studio
i) Adult Physical Culture Business
j) Adult Personal Service Business
k) Adult Theater

See individual defintions for the above uses here.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

Purpose.

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

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

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

[1] Adult arcade or mini-motion-picture theaters;
[2] Adult bookstores, adult novelty stores, or adult video stores;
[3] Adult booths;
[4] Adult cabarets;
[5] Adult motels;
[6] Adult motion-picture theaters;
[7] Adult outdoor motion-picture theaters;
[8] Adult model studios;
[9] Adult physical culture businesses;
[10] Adult theaters; and
[11] Adult personal service businesses.

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

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

[a] A religious assembly;
[b] A public or private educational facility, including but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School shall include the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
[c] Family day-care homes or group day-care homes;
[d] An entertainment use that has as its principal use children or family entertainment as demonstrated by business activity that caters predominantly to on-site patronage by minors and is open for such business at least 25 hours per week;
[e] A lot or parcel of land in any zone primarily devoted to a residential use;
[f] Any other adult regulated use as defined in this chapter.
[g] A public park or recreational area that has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball, tennis court, wilderness areas, or other similar public land within the City that is under the control, operation, or management of the City or other unit of government;
[h] A zoning district boundary of a residential district as defined in the City Zoning Ordinance.

[2] For purposes of the uses listed in Subsection [a] through [f], above, the distance limitations above shall be measured in a straight line without regard to intervening structures or objects from the lot occupied by the adult regulated use to the nearest point of the lot occupied by any of the uses so listed in Subsection [a] through [f], above.
[3] For purposes of Subsection [g] and [h], above, the distance limitations shall be measured in a straight line without regard to intervening structures or objects from the property line of the lot occupied by the adult regulated use to the nearest point of the property line occupied by the public park or other recreational areas so listed in Subsection [g], above, or the zoning district boundary of the residential district as provided in Subsection [h], above.
[4] No building, premises, structure, or other facility that contains any adult regulated use shall contain any other kind of adult regulated use. The Zoning Board of Appeals may grant permission for more than one adult regulated use to operate in a single building, provided that an equal or greater number of adult regulated uses are removed from elsewhere in the City. The location where an adult regulated use is removed pursuant to this section shall not be reused for any adult regulated use in the future. If the Zoning Board of Appeals grants permission for more than one adult regulated use to operate in a single building, it shall not be construed to be a violation of Subsection [f], above.
[5] Adult regulated uses shall comply with all sign requirements. Refer to Article 9: Signs.
[6] No advertisement, display of product or entertainment on the premises, signs or other exhibits that display specified sexual activities and/or specified anatomical areas shall be displayed in window areas or other area where the same can be viewed by pedestrians and motorists on any street, sidewalk, or other public place.
[7] No person shall reside in, or permit any person to reside in, the premises of an adult regulated use.
[8] No person operating an adult regulated use shall knowingly permit any person under the age of 18 to be on the premises of said business, either as an employee or as a customer.
[9] No person shall become the lessee or sublessee of any property for the purpose of using said property for an adult regulated use without the express written permission of the owner of the property for such use and appropriate approvals from the City of Kalamazoo.
[10] The building and site, including building openings, entries, exits and windows, shall be designed, constructed, and maintained so that material, entertainment, and/or performances that display specified sexual activities and/or specified anatomical areas cannot be observed by pedestrians and motorists on any street, sidewalk, or public right-of-way, or from an adjacent land use.
[11] The adult regulated use shall satisfy all requirements for a full site plan and all landscaping requirements of the City Zoning Ordinance. The adult regulated use shall also demonstrate that the site meets all of the traffic and access management standards of the City of Kalamazoo. The site plan shall include a diagram that shows all land use zoning districts and any of the uses described in Subsection [1], above, which are located within 750 feet of the proposed adult regulated use.
[12] No adult regulated use shall operate until it has satisfied all provisions of this chapter, all other applicable provisions of the Zoning Ordinance, and any other federal, state or local regulations.

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

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

[1] Accredited hospitals, nursing homes, sanitariums or other licensed health care facilities, physicians, surgeons, chiropractors, osteopaths, physical therapists, registered nurses, and other establishments or professionals duly licensed under the laws of the state while engaged in the activities for which they are so licensed.
[2] Barbers, beauticians, barbershops, and beauty parlors licensed under the laws of the state that also offer massages, provided that massages involved are limited to the head, shoulders, scalp, neck, hands, and feet. Such establishments that also provide activities that fall under the definition of "adult personal service business" in this chapter shall, however, be governed by the provisions, terms, and conditions of this chapter.
[3] Public and parochial school and college or professional athletic coaches and trainers while acting within the scope of their school employment; and
[4] Professional massage therapy enterprises, where each massage therapist has met the following criteria:

[a] Proof of graduation from a school of massage licensed by the State of Michigan or another state with equivalent standards, consisting of at least 500 classroom hours of instruction and practical training that include 300 hours of theory and practice of massage therapy, 100 hours of anatomy and physiology, and 100 hours of elective subjects; or proof of completion of a comprehensive course of study in a massage training program at an American community college or university that requires at a minimum the training and curriculum above; and
[b] Proof of current professional membership in the American Massage Therapy Association, International Myomassethics Federation, Associated Bodywork and Massage Professionals, or other national massage therapy organization with comparable prerequisites for certification, including liability insurance and testing.

[5] Nonprofit organizations operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, or athletic facilities that are used primarily for the welfare of the residents of the area.
[6] Unlawful activities. Nothing contained in this subsection is intended, or shall be construed, to permit or authorize activities that are unlawful under state law or City ordinance.

Agricultural Sales or Service

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

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.

Districts Where Allowed Districts where use is allowed: LW1, LW2, M1, M2 Districts where use may be allowed with Development Standards: CC, CC2, D1, D2, D3, N-Node

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Agriculture, Accessory

Growing of food crops indoors or outside for personal use, donation, or sale, excluding the growth of marihuana plants for medicinal or recreational purposes. (Refer to § 50-4.4E and F for marihuana regulations) as an accessory use on the lot.

Districts Where Allowed Districts where use is allowed: LW1, LW2 Districts where use may be allowed with Development Standards: CC2, C-Node, D1, D2, D3, N-Node

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where agriculture is permitted with development standards (PD), the following standards apply.

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

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

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

(d) Intensity. Use of outdoor farm machinery is not permitted.

Agriculture, Commercial

Growing of food crops indoors or outdoors for personal use, donation, or sale (on or off site); this excludes the growth of marihuana plants for medicinal or recreational purposes.

Districts Where Allowed Districts where use is allowed: CC Districts where use may be allowed with Development Standards: CC2, D2, LW1, LW2

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per 330 square feet of retail.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where agriculture is permitted with development standards (PD), the following standards apply.

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

(b) Lot type. No lot type is required unless a hoop house, greenhouse, or farm stand is constructed, then § 50-5.6G, Outdoor market lot type, applies.

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

(d) Intensity. Use of outdoor farm machinery is not permitted.

Agriculture, Crop

Growing of food crops indoors or outside for personal use, donation, or sale, excluding the growth of marihuana plants for medicinal or recreational purposes.

Districts Where Allowed Districts where use is allowed: IC, M1, P Districts where use may be allowed with Development Standards: D2

Vehicle Parking:
Maximum 1 parking space per employee on largest shift
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
In the districts where agriculture is permitted with development standards (PD), the following standards apply.

(a) Agriculture as an accessory use shall not prevent a lot from meeting its lot type or dimensional requirements; refer to Article 5, Zoning Standards; Lot Types.
(b) Agriculture as an accessory use is permitted in all yards.
(c) Agriculture as an accessory use is permitted within a building, provided that it is not in the occupied space of a building; it is permitted on a building's roof.

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

(a) Size. The maximum lot size is 10,000 square feet.
(b) Lot type. No lot type is required unless a hoop house, greenhouse, or farm stand is constructed, then § 50-5.6G, Outdoor market lot type, applies.
(c) Other secondary buildings: sheds, garages, and other secondary buildings not noted in § 50-4.4C(1)(b) shall follow the standards for accessory structures. Refer to § 50-4.5B.
(d) Intensity. Use of outdoor farm machinery is not permitted.

Assembly

A use that has organized services, meetings, or programs to educate, entertain, or promote discussion amongst the community. It can be a public or private facility. Examples of assembly include a club, lodge, theater or community center.

Districts Where Allowed Districts where use is allowed: CC, CC2, C-Node, D1, D2, D3, LW1, LW2 Districts where use may be allowed with Development Standards: N-Node

Vehicle Parking:
Maximum 1 parking space per 3 persons permitted at maximum occupancy.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:

In the districts where assembly is permitted with development standards (PD), the following standards apply:

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

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

Assembly, religious

An assembly use that focuses on religion, a house of worship. Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques, and churches.

Districts Where Allowed Districts where use is allowed: CC, CCBD, CMU, CN-2, CO, D2, D3, IC, M1, M2, P Districts where use may be allowed with Special Use Permit: CN1, CNO, LW1, LW2, N-Node, RD19, RD-8, RM15, RM15C, RM24, RM36, RMU, RS4, RS5, RS7 Districts where use may be allowed with Development Standards: CC2

Vehicle Parking:
Maximum 1 parking space per 6 seats in worship area or 1 parking space per 40 square feet without seats.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:

Residential uses accessory to the religious assembly use, such as convent, rectory, or caretaker's residence, are permitted with this use. In the districts where religious assembly is permitted with a special use permit (S) or permitted with development standards (PD), the following standards apply.

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

In the RS-4, RS-5, RS-6, RD-8, and RD-19 districts,

(a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 500 persons under the Kalamazoo Fire Code, and

(b) no facility shall contain more than 50,000 square feet of gross floor area.

In the RM-15, RM-15C, RM-24, RM-36, and RMU districts

(a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 1,000 persons under the Kalamazoo Fire Code, and

(b) no facility shall contain more than 100,000 square feet of gross floor area.

All facilities shall comply with the Operational Performance Standards for noise set forth in § 6.6.B: Noise.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, RM24, RM36, RMU Districts where use may be allowed with Special Use Permit: RM15, RM15C

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per facility vehicle; Maximum 1 parking space per 5 beds
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2C

C. Assisted Living Facility, Foster Family Group Home, Foster Family Home, Nursing/Convalescent Home; Rehabilitation Center. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

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.

Districts Where Allowed Districts where use is allowed: CMU, CNO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMU Districts where use may be allowed as a conforming use: CCBD, CN1, CN-2, CO, M1

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit a maximum of 2 parking spaces per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2D

D. Attached Dwelling.

1. General. An attached house is a dwelling unit, located on its own lot that shares one or more common or abutting walls with one or more dwelling units. The common or abutting wall must be shared for at least 50% of the length of the side of the dwelling units. An attached house does not share common floor/ceilings with other dwelling units. An attached house is also called a rowhouse. Attached houses must comply with the Density, Intensity and Dimensional standards of § 5.1: Residential District Standards, except where such standards are expressly modified by the provisions of this section.

2. Standards that Apply in the RD Districts. The following standards apply to attached housing in the RD districts:

a) No more than two units may be attached by a common wall. Structures containing three or more attached dwelling units are prohibited in the district.

b) Each attached house must be on a lot that complies with the lot area and width standards for new lots in the underlying RD district.

c) The minimum required interior side setback on the side of the dwelling unit containing the common wall is reduced to zero. The (interior) side and rear setback standards of the underlying district apply around the perimeter of the project.

d) On corner lots, either the rear setback or interior side setback may be reduced to zero. However, the remaining interior side or rear setback must comply with the rear setback standards of the underlying RD district.

Figure 4-1: Corner Lots

e)Garage door areas may not comprise more than 40% of the width of the street-facing facade of the structure containing the attached housing units. The maximum continuous, uninterrupted length of a garage door (or combination of smaller, one-car garage doors) along the street-facing facade may not exceed 25 feet in width. All garage doors must be recessed at least five feet from the front building plane. The intent of these standards is to prevent garages and blank walls from being the dominant visual feature on the front of the structure.

f) Facades and roofs must be designed in a manner that provides distinguishing characteristics and relief between attached dwelling units. Such variety may consist of occasional relief in facade depth from unit to unit, unique articulations in architectural elements such as windows, entries and decorative facade building materials, and variations in roof design such as cornice articulation and roof pitch/direction.

g) Attached dwelling units in the RD districts shall be oriented toward, and be directly accessible from, the public way or street on which the building fronts.

3. Standards that Apply in the RM-15, RM-24, RM-36, and RMU Districts. The following standards apply to attached housing in the RM districts:

a) Up to eight dwelling units may be attached (have common walls) in the RM-15 district. There is no limit on the number of attached units in the RM-24, RM-36, and RMU districts. Attached dwelling units in all RM districts must be oriented toward, and be directly accessible from, the public way or street on which the building fronts.

b) The minimum lot area and width standards do not apply to attached houses in the RM districts. The minimum lot area for an attached house in the RM district is 3,000 square feet or the minimum lot area per dwelling unit of the underlying district, whichever is greater.

c) The minimum interior side setback on the side containing a common wall is reduced to zero. The (interior) side and rear setback standards of the underlying district apply around the perimeter of the project.

d) On corner lots, either the rear setback or interior side setback may be reduced to zero. However, the remaining interior side or rear setback must comply with the rear setback standards of the underlying district.

e) Facades and roofs must be designed in a manner that provides distinguishing characteristics and relief between attached dwelling units. Such variety may consist of occasional relief in facade depth from unit to unit, unique articulation in architectural elements such as windows, entries and decorative facade building materials, and variations in roof design such as cornice articulation and roof pitch/direction.

f) A common access to the rear of the lots for common or individual parking is required and may take the form of an alley or an easement. Common access drives must be at least 12 feet wide if designed for one-way traffic and at least 20 feet wide if designed for two-way traffic.

g)Garage door areas may not comprise more than 40% of the width of the street-facing facade of the structure containing the attached housing units. The maximum continuous, uninterrupted length of a garage door (or combination of smaller, one-car garage doors) along the street-facing facade may not exceed 25 feet in width. A minimum separation of six feet is required between such expanses of garage doors. All garage doors must be recessed at least five feet from the front building plane. The intent of these standards is to prevent garages and blank walls from being the dominant visual feature on the front of the structure.

4. Standards That Apply in the RM-15C District.

a) At least 50% of front and side exteriors (excluding the area of doors or windows) must be comprised of natural brick, stone, wood siding, or other natural materials (excluding plywood or concrete block).

b) The roof line of each dwelling unit must be distinct through either a separation of roof pitches (minimum difference of at least 5°), a difference in roof direction, a difference in roof height (minimum of two vertical feet), or a combination of methods.

c) The front facade of each attached unit must be distinct through either the use of different facade materials, staggered building lines (minimum of two feet), an identifiable permanent architectural design element such as a chimney, pilaster or column (excluding gutter spouts or siding trim), or a combination of methods.

d)Garage door areas may not comprise more than 40% of the width of the street-facing facade of the structure containing the attached housing units. The maximum continuous, uninterrupted length of a garage door (or combination of smaller, one-car garage doors) along the street-facing facade may not exceed 25 feet in width. A minimum separation of six feet is required between such expanses of garage doors. All garage doors must be recessed at least five feet from the front building plane. The intent of these standards is to prevent garages and blank walls from being the dominant visual feature on the front of the structure.

e) For all dwelling facades that face streets, all windows shall contain shutters on each side or other decorative window features.

Bed-and-breakfast

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

Districts Where Allowed Districts where use is allowed: CC2, CCBD, CMU, CN1, CN-2, CNO, CO, D2, D3, IC, LW1, LW2 Districts where use may be allowed with Special Use Permit: RD19, RD-8, RM15, RM15C, RM24, RM36, RMU Districts where use may be allowed with Development Standards: D1

Vehicle Parking:
Maximum 1 parking space per guest room; Maximum 1 parking space for innkeeper/home occupant.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Districts Where Allowed Districts where use is allowed: M1, M2

Vehicle Parking:
Maximum 1 parking space per 1 employee on largest shift (includes shift, office, and maintenance staff).
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, IC, M1, M2 Districts where use may be allowed with Special Use Permit: CN1, RMU

Vehicle Parking:
Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2E

E. Brewpub, Sit Down Restaurant, Tavern or Lounge. In the CN-1 district, a brewpub, sit down restaurant, tavern or lounge may not exceed occupancy load of 100 persons per floor (not including outdoor seating, which is allowed provided that a minimum pedestrian clear space of four feet is maintained along all public walkways at all times and provided that all trash receptacles related to such outdoor seating area are emptied and moved to a secure area off the public walkways after business hours).

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.

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."

Car Wash

Washing and polishing of automobiles. Typical uses include automatic and hand car washes.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU, CN-2

Vehicle Parking:
Maximum 1 parking space per employee on largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Development Requirements:
§ 4.2F

F. Car Wash. All car wash facilities shall comply with the following conditions:

1. A car wash facility is prohibited at the intersection of two arterial streets, unless it is located in a center occupying at least two acres and containing other commercial establishments occupying at least 12,000 square feet gross floor area.

2. The car wash facility, including all driveways, entrances, parking areas, and appurtenant structures, shall be set back a minimum of 10 feet from any adjacent street. The entire 10 foot setback shall be landscaped pursuant to § 6.2.H.2: Buffer Area Landscaping Between Land Uses.

3.The car wash facility, including all driveways, entrances, parking areas, and appurtenant structures, shall be set back a minimum of 20 feet from the boundary of any residential zone district, and from any property with a current residential use. In addition, where the car wash facility is located adjacent to a residential zone district or any property in current residential use, a six foot high opaque wall shall be erected and maintained along such boundary. Such wall shall comply with all applicable requirements for walls in § 6.3: Screening and Fences.

4. To enhance appearance from the street, and to reduce noise impacts on properties sharing a rear lot line with the property, wash bays shall be sited parallel to the adjacent street as illustrated below.

Figure 4-2: Car Wash Bays Parallel to Street

5. A hard surfaced driveway of one or more lanes shall be constructed on the property to provide for continuous movement of vehicles into the wash tack or wash bay.

6. The car wash facility shall comply with all applicable requirements for parking and stacking spaces contained in § 6.1: Off-Street Parking and Loading.

7. The car wash facility shall comply with those Operational Performance Standards related to noise set forth in § 6.6.B: Noise.

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.

Districts Where Allowed Districts where use is allowed: CCBD, P Districts where use may be allowed with Special Use Permit: CN1, CN-2, CNO, CO, RD19, RD-8, RM15, RM15C, RM24, RM36, RS4, RS5, RS7

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

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.

Districts Where Allowed Districts where use is allowed: RD19, RD-8, RM15, RM15C, RM24, RM36, RS4, RS5, RS7 Districts where use may be allowed as a conforming use: CN1, CN-2, CO

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit a maximum of 2 parking spaces per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2G

G. Cluster Housing Developments.

1. Purpose. The cluster housing standards of this section have several potential public benefits. They:

a) Provide flexible development options where the standard rectilinear lot pattern is not practical because of physical constraints;

b) Promote the preservation of open and natural areas;

c) Allow for common open areas within a development project while still achieving the density of the underlying district; and

d) Support reductions in development costs.

2. Approval Procedure. Cluster housing developments are allowed by-right. Review for compliance with applicable regulations will occur as part of the land division review process or site condominium process.

3.Density. The overall development may not exceed the maximum density allowed by the underlying district or the maximum density that could be achieved through a conventional subdivision (where all lots comply with minimum lot area and width standards). The City Planner is authorized to require that the developer prepare a density yield analysis comparing the number of dwelling units that could be developed under a conventional subdivision with the number that could be prepared under a cluster housing development.

4. Lot Size. There is no minimum lot size (area or width) requirement for cluster housing developments. Lot sizes must be adequate to meet all applicable standards of this Ordinance.

5. Housing Types.

a) Attached and detached houses are the only type of housing allowed in a cluster housing development. The proposed building envelope for all houses must be shown on the site plan with enough detail so that compliance with required density and dimensional standards can be determined.

b) The number of attached houses that may be attached by a common wall is limited as follows:

Zone District	Maximum Number of Attached Units
RS-4, RS-5 and RS-7	Maximum 4 units attached by a common wall
RD-8 and RD-19	Maximum 6 units attached by a common wall
RM	Maximum 8 units attached by a common wall

6. Setbacks.

a) A setback equal to the minimum street front of the underlying district must be provided along the entire perimeter of the cluster housing development that is adjacent to any street or right-of-way.

b) A setback equal to the minimum rear setback of the underlying district must be provided along the entire perimeter of the cluster housing development that is adjacent to any street or right-of-way.

c) Within the development, the distance between detached houses must be at least 10 feet.

d) These required front and side yard setbacks may not be counted as open space for the purpose of meeting the minimum open space standards for cluster housing developments.

7. Building Coverage. The building coverage standards of the underlying district do not apply to each individual lot, but the total building coverage of all lots (in aggregate) may not exceed the maximum building coverage standard of the underlying district.

8. Designated Open Space.

a) At least 50% of the gross land area within a cluster housing development must be preserved as open space.

b) Open space may include active or passive recreation areas for residents or conservation areas for natural resources such as wetlands, steep slopes, floodplains, and woodlands.

c) All of the required open space must be set aside through conveyance or other means as is approved as to form by the City Attorney, such as:

1) Recorded deed restrictions.

2) Covenants that run perpetually with the land.

3) A conservation easement.

4) Land trusts.

d) Such conveyance or other means must assure that the designated open space will be protected from all forms of development, except as shown on the approved site plan, and may not be changed to another use without express, prior approval by the decision-making body that approved it. Such conveyance or other means must also:

1) Indicate the proposed allowable use of the designated open space.

2) Require that the designated open space be maintained by parties who have an ownership interest in the designated open space.

3) Provide standards for scheduled maintenance of the designated open space.

4) Provide for maintenance to be undertaken by the City in the event that the dedicated open space is inadequately maintained, or is determined by the City to be a public nuisance, with the assessment of costs upon the property owners within the cluster.

College or university

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

Districts Where Allowed Districts where use is allowed: CBTR, CC, CC2, CCBD, CMU, D2, D3, IC, LW1, LW2, N-Node

Vehicle Parking:
Based on similar use or per City-approved institutional campus master plan.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CO, M1, M2 Districts where use may be allowed with Special Use Permit: CN-2

Vehicle Parking:
Music instruments, recording studio: Maximum 1 parking space per employees on largest production shift; Maximum 1 parking space per 500 square feet retail.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, IC, P Districts where use may be allowed with Special Use Permit: CN1, CNO, CO, M1, M2, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
§ 4.2H

H.Community Service Center, Cultural Exhibits, Libraries, and Museums; Neighborhood Centers; Religious Assembly. In the RS-4, RS-5, RS-6, RD-8, and RD-19 districts, (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 500 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 50,000 square feet of gross floor area. In the RM-15, RM-15C, RM-24, RM-36, and RMU districts (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 1,000 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 100,000 square feet of gross floor area. All facilities shall comply with the Operational Performance Standards for noise set forth in § 6.6.B: Noise.

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 Stores

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.

Districts Where Allowed Districts where use is allowed: CCBD, CN1, M1, M2 Districts where use may be allowed with Special Use Permit: CMU, RMU

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2I

I. Convenience Stores; Fire, Insurance, and Real Estate; Food Sales (Grocery); Personal Convenience Services; Personal Improvement Services.

1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.

2. A convenience store which sells packaged alcoholic beverages for consumption off the premises or a package liquor store shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment without vehicle service or repair, when those uses sell packaged alcoholic beverages for consumption off the premises
c) Within 2,640 feet of another package liquor store.

Craftsman industrial

A use involving small-scale manufacturing, production, assembly, and/or repair that includes a showroom or retail space open to the public with no environmental or nuisance impact; may also be referred to as "maker spaces." Refer to Table 4.4-2 for examples of uses permitted in craftsman industrial.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D1, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
Maximum 1 parking space per employees on largest production shift; Maximum 1 parking space per 500 square feet retail.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
In the districts where craftsman industrial is permitted with development standards (PD), the following standards apply:

(a) Retail component.

[1] At least 10% of the floor area must be public showroom or retail space.
[2] The retail and/or showroom component shall be located along the front facade of the building and utilize a storefront or stoop entrance treatment. Refer to § 50-5.5, Street-facing facades.

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

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

Cremating

Crematory services involving the purification and reduction of the bodies by fire. Typical uses include crematories and crematoriums.

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.

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CN1, CN-2, CO, IC, M1, M2, P Districts where use may be allowed with Special Use Permit: CNO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Library and museum: Maximum 1 parking space per 3 persons permitted at maximum occupancy.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
§ 4.2H

H.Community Service Center, Cultural Exhibits, Libraries, and Museums; Neighborhood Centers; Religious Assembly. In the RS-4, RS-5, RS-6, RD-8, and RD-19 districts, (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 500 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 50,000 square feet of gross floor area. In the RM-15, RM-15C, RM-24, RM-36, and RMU districts (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 1,000 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 100,000 square feet of gross floor area. All facilities shall comply with the Operational Performance Standards for noise set forth in § 6.6.B: Noise.

Day care center

A use providing care, protection, and supervision for children or adults on a regular basis away from their primary residence for periods of less than 24 hours. Refer to § § 50-4.5D(5)(k) for in-home day care.

Districts Where Allowed Districts where use is allowed: CMU Districts where use may be allowed with Development Standards: CC, CC2, D1

Vehicle Parking:
Maximum 1 parking space per employee on largest shift, in addition commercial facilities: Maximum 1 parking space per 4 children.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where a day care center is permitted with development standards (PD), the following is required.

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

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

[2] Enclosure requirement. The on-site play area must be enclosed on all sides by building or fencing.
[3] Shared space. In Downtown, Live-Work, and Node Districts, public parks or private parks with written permission can be used to meet the outdoor play area requirement, provided that the park is located within a walkable distance of the day-care facility.

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.

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CN-2, CO, IC, M1, M2, P Districts where use may be allowed with Special Use Permit: CN1, CNO, RMU Districts where use may be allowed with Development Standards: C-Node

Vehicle Parking:
Maximum 1 parking space per employee on largest shift, in addition commercial facilities.
Maximum 1 parking space per 4 children.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2J

J. Day-care center (Commercial or Institutional).

1. If such use is required to be licensed by the State of Michigan, a valid license shall be in effect at all times that the use is in operation.

2. In the M-1 and M-2 Districts, day-care centers are allowed only when developed as an accessory use to a permitted use. Such accessory shall occupy not more than 25% of the gross floor area of the principal building, or shall be located in a freestanding building in a mixed use development.

3. At least one outdoor play area shall be provided, consisting of at least one 100 square feet for each child in the average daily attendance and enclosed by a fence of at least three feet six inches in height.

Day-Care Home, Family (6 or Fewer Residents)

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, CNO, CO, IC, P, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7 Districts where use may be allowed as a conforming use: M1

Vehicle Parking:
Maximum 1 parking space per employee on largest shift, in addition commercial facilities: Maximum 1 parking space per 4 children.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Development Requirements:
§ 4.2K

K. Day Care Homes (Group and Family).

1. If such use is required to be licensed by the State of Michigan, a valid license shall be in effect at all times that the use is in operation.

2. If a Group Day Care Home is proposed for property in a residential district after October 18, 2005, then:

a) The structure in which it is located shall be similar in appearance to the character of the neighborhood in terms of architectural style, predominant building materials, building mass and height, and setbacks; and

b) At least one outdoor play area shall be provided, consisting of at least 100 square feet for each child in the average daily attendance and enclosed by a fence of at least three feet and six inches in height.

c) All the development standards of this Ordinance shall be met, and the use shall be located on property that fronts a collector or arterial street.

Day-Care Home, Group (7 to 12 Residents)

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, CO, IC, P Districts where use may be allowed with Special Use Permit: CNO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7 Districts where use may be allowed as a conforming use: M1

Vehicle Parking:
Maximum 1 parking space per employee on largest shift, in addition commercial facilities: Maximum 1 parking space per 4 children.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2K

K. Day Care Homes (Group and Family).

1. If such use is required to be licensed by the State of Michigan, a valid license shall be in effect at all times that the use is in operation.

2. If a Group Day Care Home is proposed for property in a residential district after October 18, 2005, then:

a) The structure in which it is located shall be similar in appearance to the character of the neighborhood in terms of architectural style, predominant building materials, building mass and height, and setbacks; and

b) At least one outdoor play area shall be provided, consisting of at least 100 square feet for each child in the average daily attendance and enclosed by a fence of at least three feet and six inches in height.

c) All the development standards of this Ordinance shall be met, and the use shall be located on property that fronts a collector or arterial street.

Designated consumption establishments (marihuana)

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, D1, D2, D3

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4E(1) for information on General provisions.

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

(a) Permitted in the following zones:

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

(b) Indoor activities. Consumption of marihuana products must occur indoors.

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

[1] A package liquor store.
[2] A convenience store that sells alcoholic beverages.
[3] A fueling station that sells alcoholic beverages.

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.

Districts Where Allowed Districts where use is allowed: CNO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMU, RS4, RS5, RS7 Districts where use may be allowed as a conforming use: CCBD, CMU, CN1, CN-2, CO, M1

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit a maximum of 2 parking spaces per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2L

L. Detached Dwelling. In RM-15C District, at least 50% of front and side exteriors (excluding the area of doors or windows) must be comprised of natural brick, stone, wood siding, or other natural materials (excluding plywood or concrete block).

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).

Drive-through

Drive-throughs provide service to customers who remain in their vehicles and may be used in conjunction with a variety of uses including financial institutions and restaurants.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Development Requirements:

In the districts where a drive-through is permitted with development standards (PD), the following standards apply: Refer to Figure 4.5-1, Drive-Through Design.

Figure 4.5-1. Drive-Through Design

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

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

[2] Community Commercial (CC). A drive-through is permitted in the side and rear yards, screened from property lines by structure, screening, and/or landscaping, and corner side yards.
[3] Other districts. A drive-through is permitted in the rear yard. If the lot does not front Neighborhood Network and Neighborhood Business streets, a drive-through is also permitted in the side yard when screened from property lines by structure, screening, and/or landscaping.

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

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

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.

Districts Where Allowed Districts where use is allowed: CCBD, CN-2, IC, P Districts where use may be allowed with Special Use Permit: CMU, CN1, CNO, CO, D1, D2, D3, LW1, LW2, M1, M2, N-Node, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Nursing home/assisted living/rehabilitation center/adult foster care: Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per facility vehicle; Maximum 1 parking space per 5 beds
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

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.

Districts Where Allowed Districts where use is allowed: CMU, CNO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMU Districts where use may be allowed as a conforming use: CCBD, CN1, CN-2, CO, M1

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit a maxiimum of 2 parking spaces per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Employment Agency Primarily for Day Workers (Personal Convenience Service)

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.

Entertainment and Sports, Spectator, General

Those uses, whether indoor or outdoor with a capacity of 300 or more people.

Districts Where Allowed Districts where use is allowed: CCBD, CN-2, IC, M1, M2, P

Vehicle Parking:
Maximum 1 parking space per 6 fixed seats or Maximum 1 parking space per 40 square feet without seats.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Entertainment and Sports, Spectator, Limited

Those uses conducted within an enclosed building with a capacity of 199 or fewer people. Typical uses include small theaters and meeting halls.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, IC, M1, M2, P Districts where use may be allowed with Special Use Permit: CN1

Vehicle Parking:
Maximum 1 parking space per 6 fixed seats or maximum 1 parking space per 40 square feet without seats.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Entertainment sports (participant - indoor)

Entertainment and sports: an establishment that provides entertainment, sports, and recreation activities for participants. These may occur indoors, including such indoor facilities as bowling alleys, escape rooms, pool, billiards, arcade and theaters

Entertainment sports (participant - outdoor)

Entertainment and sports: an establishment that provides sports and recreation activities for participants. These may occur outdoors, such as mini golf, ropes courses, swimming pools, and driving ranges.

Districts Where Allowed Districts where use is allowed: CC Districts where use may be allowed with Special Use Permit: D2, D3, LW1, LW2 Districts where use may be allowed with Development Standards: CC2

Vehicle Parking:
Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:

In the districts where entertainment and sports is permitted with a special use permit (S) or permitted with development standards (PD), the following is required:

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

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

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.

Fast Order Food Drive-Though

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.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU, CN-2

Vehicle Parking:
Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Development Requirements:
§ 4.2M

M. Fast-Order Food. Outdoor seating is allowed provided that a minimum pedestrian clear space of four feet is maintained along all public walkways at all times and provided that all trash receptacles related to such outdoor seating area are emptied and moved to a secure area off the public walkways after business hours).

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, IC, M1, M2 Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2M

M. Fast-Order Food. Outdoor seating is allowed provided that a minimum pedestrian clear space of four feet is maintained along all public walkways at all times and provided that all trash receptacles related to such outdoor seating area are emptied and moved to a secure area off the public walkways after business hours).

Financial, Insurance, and Real Estate Services

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

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CN1, CN-2, CNO, CO, M1, M2 Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
§ 4.2I

I. Convenience Stores; Fire, Insurance, and Real Estate; Food Sales (Grocery); Personal Convenience Services; Personal Improvement Services.

1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.

2. A convenience store which sells packaged alcoholic beverages for consumption off the premises or a package liquor store shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment without vehicle service or repair, when those uses sell packaged alcoholic beverages for consumption off the premises

c) Within 2,640 feet of another package liquor store.

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.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, M1, M2, RMU

Vehicle Parking:
Grocery store, specialty foods: Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2I

I. Convenience Stores; Fire, Insurance, and Real Estate; Food Sales (Grocery); Personal Convenience Services; Personal Improvement Services.

1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.

2. A convenience store which sells packaged alcoholic beverages for consumption off the premises or a package liquor store shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment without vehicle service or repair, when those uses sell packaged alcoholic beverages for consumption off the premises

c) Within 2,640 feet of another package liquor store.

Food truck

Vehicle or trailer used to prepare and/or serve food.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
In the districts where a food truck is permitted with development standards (PD), an approved site plan is required as follows:

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

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

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

Foster Family Group Home (5 or 6 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.

Districts Where Allowed Districts where use is allowed: CMU, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7 Districts where use may be allowed as a conforming use: CCBD, CN1, CN-2, CO

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2C

C. Assisted Living Facility, Foster Family Group Home, Foster Family Home, Nursing/Convalescent Home; Rehabilitation Center. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

Foster Family Home (4 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.

Districts Where Allowed Districts where use is allowed: CMU, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7 Districts where use may be allowed as a conforming use: CCBD, CN1, CN-2, CO

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
§ 4.2C

C. Assisted Living Facility, Foster Family Group Home, Foster Family Home, Nursing/Convalescent Home; Rehabilitation Center. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

Fraternity or Sorority

A dwelling occupied by members of a fraternity or sorority that is recognized by a local institution or higher learning.

Districts Where Allowed Districts where use is allowed: CMU, IC Districts where use may be allowed with Special Use Permit: RM15, RM15C, RM24, RM36

Vehicle Parking:
Residential: off-campus student housing/RM-15C: Maximum 2 parking spaces per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

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 (With Minor Vehicle Service or Repair)

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.

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.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
Vehicle service: Maximum 1 parking space per 200 square feet floor area; in addition, vehicle repair: Maximum 2 parking spaces per repair bay or area.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

Gasoline and Fuel Sales (Without Vehicle Service or Repair).

1. Fuel pumps, pump islands, detached canopies, compressed air connections, and similar equipment shall be set back a minimum of 15 feet from any street right-of-way, and a minimum of 20 feet from all property lines abutting a residential zoning district, use, or property.
2. The principal service station building and any accessory structures, except for fuel pumps, pump islands, detached canopies, compressed air connections, and similar equipment, shall be set back a minimum of 40 feet from all street rights-of-way and from all property lines abutting a residential zoning district or a parcel containing residential uses.
3. When gasoline and fuel sales abuts a residential zoning district, or a property in actual residential use, buffering between such uses shall be provided as set forth in § 6.2H.2.b, Option B, and all trees and shrubbery shall be planted on that portion of the buffer located between the wall and the residential property.
4. Outdoor display of merchandise shall be limited to only the display of automotive fluids and new tires sold and/or installed on the premises.
5. A single-bay car wash is allowed as an accessory use to a permitted service station subject to the following development and design standards:

a) To the maximum extent practicable, the entrance to the car wash bay shall be sited so as not to be visible from the lot's primary street frontage;
b) The car wash bay shall be limited in size to accommodate a single vehicle at a time;
c) The car wash bay shall be located outside of all required setback and buffer areas;
d) In addition to any other off-street parking requirements or vehicle stacking requirements, the subject property shall contain adequate space to allow a minimum of three cars to stack in a line for car wash services without using or obstructing any portion of an adjacent public sidewalk or right-of-way; and
e) Where the use abuts a residential zoning district or a parcel containing residential uses, the hours of operation for the car wash shall be limited to between 7:00 a.m. and 8:00 p.m.

6. A canopy over the fuel pumps may be erected subject to the following standards:

a) The canopy may be either attached or detached from the principal building.
b) The height of the canopy from the ground to the underside of the canopy shall not exceed 18 feet.
c) The canopy structure shall comply with all minimum building setback standards applicable to the principal structure.
d) The canopy structure shall not be enclosed.
e) The canopy shall utilize the same architectural and design treatment, including materials and colors, as the principal building.
f) All lighting on the underside of the canopy shall be recessed. A maximum of 25% of each canopy facade area visible from a public street may be internally illuminated. No portion of any canopy facade area may be externally illuminated. Each side of a fuel pump canopy shall be considered a separate facade area.

7. All such uses shall comply with all other applicable requirements of this code, including without limitation Article 7, § 6.2; Landscaping and Open Spaces, § 6.3: Screening and Fencing, § 6.4: Lighting, and § 6.6: Operational Performance Standards.
8. Any such use which sells packaged alcoholic beverages for consumption off the premises shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or
2) A school building.

b) Within 2,640 feet of:

1) A gasoline and fuel sales establishment, without vehicle service or repair, which sells packaged alcoholic beverages;
2) A convenience store which sells packaged alcoholic beverages for consumption off the premises; or
3) A package liquor store.

Gasoline and Fuel Sales (With Vehicle Service or Repair). All uses in this category shall comply with those requirements in Subsection N above, and in addition shall comply with the following requirements.

1. Hydraulic hoists, pits, and all lubrications, greasing, automobile washing, or repairing equipment shall be entirely enclosed within a building. When any such building or portion of a building faces, abuts, or is adjacent to residentially zoned property, the closest, adjacent building wall or face shall consist of a solid wall with no openings other than those required by applicable building codes.
2. All minor repair work, vehicle washing, lubrication, and installation of parts and accessories shall be wholly performed within an enclosed building or structure.
3. All vehicle parts, dismantled vehicles, and similar materials, and all discarded materials such as tires, cans, and drums, shall be stored within an enclosed building, or shall be screened from view by complying with the requirements in § 6.2H.2: Buffer Area Landscaping Between Land Uses.
4. All vehicles awaiting repair shall be stored on site in approved parking spaces and under no circumstances shall such vehicles be stored on or obstruct access to a public right-of-way.

Gasoline and Fuel Sales (Without Vehicle Service or Repair)

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.

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.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU, CN-2

Vehicle Parking:
Vehicle service: Maximum 1 parking space per 200 square feet floor area; in addition, vehicle repair: Maximum 2 parking spaces per repair bay or area.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

N. Gasoline and Fuel Sales (Without Vehicle Service or Repair).

1. Fuel pumps, pump islands, detached canopies, compressed air connections, and similar equipment shall be set back a minimum of 15 feet from any street right-of-way, and a minimum of 20 feet from all property lines abutting a residential zoning district, use, or property.
2. The principal service station building and any accessory structures, except for fuel pumps, pump islands, detached canopies, compressed air connections, and similar equipment, shall be set back a minimum of 40 feet from all street rights-of-way and from all property lines abutting a residential zoning district or a parcel containing residential uses.
3. When gasoline and fuel sales abuts a residential zoning district, or a property in actual residential use, buffering between such uses shall be provided as set forth in § 6.2H.2.b, Option B, and all trees and shrubbery shall be planted on that portion of the buffer located between the wall and the residential property.
4. Outdoor display of merchandise shall be limited to only the display of automotive fluids and new tires sold and/or installed on the premises.
5. A single-bay car wash is allowed as an accessory use to a permitted service station subject to the following development and design standards:

a) To the maximum extent practicable, the entrance to the car wash bay shall be sited so as not to be visible from the lot's primary street frontage;
b) The car wash bay shall be limited in size to accommodate a single vehicle at a time;
c) The car wash bay shall be located outside of all required setback and buffer areas;
d) In addition to any other off-street parking requirements or vehicle stacking requirements, the subject property shall contain adequate space to allow a minimum of three cars to stack in a line for car wash services without using or obstructing any portion of an adjacent public sidewalk or right-of-way; and
e) Where the use abuts a residential zoning district or a parcel containing residential uses, the hours of operation for the car wash shall be limited to between 7:00 a.m. and 8:00 p.m.

6. A canopy over the fuel pumps may be erected subject to the following standards:

a) The canopy may be either attached or detached from the principal building.
b) The height of the canopy from the ground to the underside of the canopy shall not exceed 18 feet.
c) The canopy structure shall comply with all minimum building setback standards applicable to the principal structure.
d) The canopy structure shall not be enclosed.
e) The canopy shall utilize the same architectural and design treatment, including materials and colors, as the principal building.
f) All lighting on the underside of the canopy shall be recessed. A maximum of 25% of each canopy facade area visible from a public street may be internally illuminated. No portion of any canopy facade area may be externally illuminated. Each side of a fuel pump canopy shall be considered a separate facade area.

7. All such uses shall comply with all other applicable requirements of this code, including without limitation Article 7, § 6.2; Landscaping and Open Spaces, § 6.3: Screening and Fencing, § 6.4: Lighting, and § 6.6: Operational Performance Standards.
8. Any such use which sells packaged alcoholic beverages for consumption off the premises shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or
2) A school building.

b) Within 2,640 feet of:

1) A gasoline and fuel sales establishment, without vehicle service or repair, which sells packaged alcoholic beverages;
2) A convenience store which sells packaged alcoholic beverages for consumption off the premises; or
3) A package liquor store.

General retail

Districts Where Allowed Districts where use is allowed: CC, CC2, C-Node, D1, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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

General services

Districts Where Allowed Districts where use is allowed: CC, CC2, C-Node, D1, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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

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.

Greenhouse

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

Grooming, Animal Services

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, M1, M2 Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Grower establishments (marihuana)

Growers are licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments The three grower license types are Class A (authorized to grow up to 100 plants); Class B (authorized to grow up to 500 plants); and Class C (authorized to grow up to 2,000 plants). An excess grower holds five Class C adult use marihuana grower and at least two Class C medical marihuana grower licenses.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, D1

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4E(1) for information on General provisions.

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

(a) Class A grower establishments are permitted as follows:

[1] In Zones Community Commercial (CC), Limited Manufacturing (M1), and General Manufacturing (M2).
[2] In Zone CC, all grow operations must be conducted within an enclosed building.

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

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

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

[1] Area is contiguous with the facility building.
[2] Area is fully enclosed by fences or barriers that block outside visibility of the marihuana plants from public view.
[3] Marihuana plants cannot grow above the height of the fence or barrier.
[4] The fence is secured and only accessible to authorized persons and emergency personnel.
[5] Area is located at least 500 feet from a residential zone district.

Grower facility (medical marihuana)

A licensee that is a commercial entity located in this state that cultivates, dries, trims or cures and packages marihuana for sale to a processor or provisioning center. The three grower license types are Class A (authorized to grow up to 500 plants); Class B (authorized to grow up to 1,000 plants); and Class C (authorized to grow up to 1,500 plants).

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4F(1) for information on General provisions.

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

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

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

[1] Area is contiguous with the facility building.
[2] Area is fully enclosed by fences or barriers that block outside visibility of the marihuana plants from public view.
[3] Marihuana plants cannot grow above the height of the fence or barrier.
[4] The fence is secured and only accessible to authorized persons and emergency personnel.
[5] Area is located at least 500 feet from a residential zone district.

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

[1] Except as permitted by state regulatory rules for Class C growers, only one medical marihuana grower facility license is allowed per parcel or lot.
[2] Licensees may occupy the same premises if holding separate grower and processor licenses for the premises.

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.

Heavy Equipment Sales/Rental

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.

Home occupation

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

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D1, D2, D3, LW1, LW2, N-Node, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Customer parking may occur off-street or on-street, where permitted.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
Home Occupations.

1. General. Some types of work can be conducted at home with little or no effect on the surrounding neighborhood. The home occupation regulations of this subsection are intended to permit residents to engage in customary home occupations, while ensuring that such home occupations will not be a detriment to the character and livability of the surrounding area. The regulations require that home occupations (an accessory use) remain subordinate to the allowed principal use (residential) and that the residential viability of the dwelling unit is maintained.

2. Allowed uses. The home occupation regulations of this subsection establish performance standards rather than detailed lists of allowed home occupations. Except as otherwise provided in this subsection, businesses located in a residential dwelling that comply with all of the standards of this subsection will be allowed as home occupations unless they are specifically prohibited. The home occupation must be clearly subordinate and incidental to the use of the dwelling as a residence.

3. Where Allowed. Home occupations that comply with the regulations of this section will be allowed as an accessory use to any allowed residential use.

4. Size. A home occupation may not occupy more than 25% of the floor area of the principal dwelling unit.

5. Prohibited Uses.

a) Vehicle and Large Equipment Storage/Repair. Any type of repair, assembly or storage of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain, saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to motor vehicles and their parts is prohibited as a home occupation.
b) Dispatch Centers. Dispatch centers, where employees come to the site to be dispatched to other locations, are not allowed as home occupations.
c) Animal Boarding Facilities. Animal boarding facilities are not allowed as home occupations. This includes kennels, commercial stables and all other types of animal boarding facilities.
d) Restaurants. All types of restaurants are prohibited as home occupations.
e) Firearms. All uses involving the distribution of firearms or the storage of firearms intended for sale or distribution are prohibited as home occupations.
f) Barber and Beauty Shops. All types of barber and beauty shops are prohibited as home occupations.

6. Resident-Operator. The operator of a home occupation must be a full-time resident of the subject dwelling unit and be on the premises during the hours of operation of the home occupation.

7. Employees. A maximum of one nonresident employee may be on the premises at any one time. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.

8. Signs. No more than one nameplate sign with a maximum size of one square foot is allowed. Such sign must be attached to the building and may not be illuminated.

9. Location. All work areas and activities associated with home occupations must be conducted and located inside the principal dwelling unit, and not on the ground floor in accessory buildings or garages, whether attached or detached.

10. Exterior Appearance. There may be no visible evidence of the conduct of a home occupation (other than an allowed sign) when viewed from the street right-of-way or from an adjacent lot. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting.

11. Operational Impacts. No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage that is perceptible beyond the lot line of the lot upon which the home occupation is conducted. No hazardous substances may be used or stored in conjunction with a home occupation.

12. Retail Sales and Display. No stock in-trade may be stored or sold upon the premises, other than those produced on the premises.

13. Customers. Customers or clients may visit the site only during the hours of 8:00 a.m. to 8:00 p.m. No more than eight customers or clients may visit the site in any single day, and no more than two customers or clients shall be on the premises at any one time.

14. Deliveries. Deliveries or pickups of supplies or products associated with Home Occupations are allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. Tractor-trailers are expressly prohibited.

15. Other Codes. All Building, Housing, Fire, and other local or state codes and ordinances shall be adhered to for home occupations.

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

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

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

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

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

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

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

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

[1] No more than two customers or clients are permitted at a given time, except in the case of classes, such as art, music, cooking, or fitness classes, where up to four clients are permitted at one time.
[2] A special use permit is required for a home occupation providing classes with five or more clients at a time.

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

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

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

[1] An active license is required to operate any size in-home day-care.
[2] Group day-care facilities require approval through a special use permit.
[3] Refer to § 50-4.4C(3), Day-care center, for outdoor play area requirements.

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

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

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

[a] A primary caregiver must be located 1,000 feet from an existing public or private elementary, vocational, or secondary school; public or private college, junior college, or university; playground; housing facility owned by a public housing authority; or public library or private library open to the public.
[b] A primary caregiver must be 100 feet from an existing public or private youth center, public swimming pool, or video arcade facility to ensure community compliance with state and federal Drug-Free School Zone requirements.

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

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

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

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

[a] Contained within a structure that is an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the primary caregiver or qualifying patient.
[b] Plants cultivated outdoors must be fully enclosed by fences or barriers that blocks the plants from public view, with no plants visibly growing above the fence or barrier, and the fence or barrier is locked or otherwise secured to limit access only to the primary caregiver or qualifying patient engaged in cultivating the plants.

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

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

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

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

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.

Districts Where Allowed Districts where use is allowed: CC, CCBD, D1, D2, D3, IC, LW1, LW2 Districts where use may be allowed with Special Use Permit: CMU, CO

Vehicle Parking:
Maximum 1 parking space per 3 beds or per City-approved campus master plan.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

Permitted secondary uses with this type of facility may include laboratories, outpatient department, training facilities, central services, offices, residences, dining areas, and retail.

Hotel/motel

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.

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.

Districts Where Allowed Districts where use is allowed: CC, CCBD, C-Node, D1, D2, D3, IC, LW1, LW2, N-Node Districts where use may be allowed with Special Use Permit: CMU Districts where use may be allowed as a conforming use: M1, M2

Vehicle Parking:
Maximum 1 parking space per 1 guest room plus maximum1 parking space per employee on largest shift.
CC District: Maximum 1 parking space per 1 guest room plus a maximum of one parking space per employee on largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

Restaurant, meeting spaces, and retail are commonly associated with this use.

Industrial

A category of uses that allow for the production, processing, assembling, and packaging of goods. This category of uses does not have environmental or nuisance conditions that are detectable at the property lines of the site. Associated with the category are uses such as offices, warehousing, and loading or service bays.

Districts Where Allowed Districts where use may be allowed with Development Standards: LW2

Vehicle Parking:
Maximum 1 parking space per 1 employee on largest shift (includes shift, office, and maintenance staff).
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where industrial is permitted with development standards (PD), the following standards apply:

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

(b) Outdoor activities.

[1] Fuel pumps are not permitted.

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

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

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.

Districts Where Allowed Districts where use is allowed: M1, M2 Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
Maximum 1 parking space per 1 employee on largest shift (includes shift, office, and maintenance staff).
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Kennels

Care of domestic and small animals, such as dogs and cats, that can include day or overnight care. Kennels can be located inside a building or outside and may also provide grooming and training services.

Districts Where Allowed Districts where use is allowed: CC, D1, M1, M2 Districts where use may be allowed with Development Standards: CC2, D3, LW2

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per 3 animals permitted.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where a kennel is permitted with development standards (PD), the following standards shall apply:

(a) Outdoor facilities. Outdoor kennels are not permitted.

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

Kiosk

Semipermanent structure that permits a variety of general retail and service uses; may be associated with the use of shipping containers or pop-up shops and sheds; may also be referred to as "vendor pods."

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
In the districts where a kiosk is permitted with development standards (PD), the following is required.

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

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

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.

Library and museum

An establishment housing educational, cultural, artistic, or historic information resources, and exhibits that is open to the public.

Districts Where Allowed Districts where use is allowed: CC, CC2, C-Node, D1, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
Maximum 1 parking space per 3 persons permitted at maximum occupancy.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:

Permitted secondary uses with this type of facility include retail space, food sales, dining, and meeting rooms.

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.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Light Equipment Sales/Rental

(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.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2P P. Light Equipment Sales/Rental.

1. In the CC, CCBD, M-1, and M-2 districts, the lot area for outdoor sales must be provided with a concrete or asphalt surface and must be graded and drained to dispose of all water accumulated within the area.

2. Vehicle or equipment displays shall not be located within a required setback or buffer area, or on top of any building.

3. A suitable building of a permanent nature shall be erected, having at least 200 square feet of gross floor area, constructed of wood, masonry, or other approved building material, set on proper foundation; except that frame and all metal buildings less than 200 square feet of gross floor area may be erected as outlined in the Building Code.

4. Accessory service facilities shall be permitted as an accessory use; however, in the event of cessation of motor vehicle sales, said accessory uses may not continue except upon issuance of a permit for said uses as the principal use of the land.

5. If any portion of a storage lot accessory to a salesroom or sales lot for new or used motor vehicles is designed or used for the storage of inoperable vehicles, such use shall comply with all requirements of § 4.2.Y, Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities, and such use shall cease upon the termination of the salesroom or sales lot to which it is accessory.

6. If any portion of a storage lot accessory to a salesroom or sales lot for new or used motor vehicles is designed or used for storage of commercial vehicles or semi-trucks, such portion of the storage lot shall be located a minimum of 25 feet from (a) any adjacent properties used for residential purposes, and (b) any property located across an alley and used for residential purposes.

7. The premises shall be screened by a six foot high opaque wall or fence along any lot boundary adjacent to, or across any alley from, land in a residential zone district, or from land in actual use for residential purposes. Any wall or fence erected shall meet the requirements of § 6.3: Screening and Fencing.

8. All such uses shall comply with all other applicable requirements of this code, including without limitation Article 7, § 6.2: Landscaping and Open Spaces, § 6.3: Screening and Fences, § 6.4: Lighting, and § 6.6, Operational Performance Standards.

Lodge, Fraternal or 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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, CO, IC, M1 Districts where use may be allowed with Special Use Permit: CN1, RMU

Vehicle Parking:
Assembly/theater: Maximum 1 parking space per 3 persons permitted at maximum occupancy.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

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.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CBTR, CMU

Vehicle Parking:
Small good manufacturing and repair: Maximum 1 parking space per employees on largest production shift; Maximum 1 parking space per 500 square feet retail
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the CCBD Zoning District, the manufacturing and production, limited; manufacturing and production, technological; and microbrewery uses are restricted so that the total building area dedicated to the manufacturing use in CCBD is no greater than 10,000 square feet.

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.

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
Small good manufacturing and repair: Maximum 1 parking space per employees on largest production shift; Maximum 1 parking space per 500 square feet retail.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the CCBD Zoning District, the manufacturing and production, limited; manufacturing and production, technological; and microbrewery uses are restricted so that the total building area dedicated to the manufacturing use in CCBD is no greater than 10,000 square feet.

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.

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CN1, CN-2, CNO, CO, IC, M1, M2 Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; Maximum 1 parking space per patient at maximum patient capacity.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, M1, M2

Vehicle Parking:
Brewing, distilling, and roasting: Maximum 1 parking space per employees on largest production shift; Maximum 1 parking space per 500 square feet retail.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the CCBD Zoning District, the manufacturing and production, limited; manufacturing and production, technological; and microbrewery uses are restricted so that the total building area dedicated to the manufacturing use in CCBD is no greater than 10,000 square feet.

Microbusiness establishments (marihuana)

Microbusiness establishments are licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance establishment, but not to other marihuana establishments.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, D2, LW2

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4E(1) for information on General provisions.

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

(a) Permitted districts.

[1] Class A microbusinesses are permitted in Zones Community Commercial (CC), Live-Work 2 (LW2), Limited Manufacturing (M1), and General Manufacturing (M2).
[2] Microbusiness licenses are permitted in permitted in Community Commercial (CC), Community Commercial 2 (CC2), Live-Work 2 (LW2), Limited Manufacturing (M1), and General Manufacturing (M2).

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

[1] All business activities must be conducted within an enclosed building.
[2] The use of any substances with a flash point below 100° F. for processing is prohibited.

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

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

[a] A City of Kalamazoo resident living within Census Tracts 1, 2.02, 3, 9, and 10 for the past three years.
[b] A City of Kalamazoo resident with a marihuana conviction that does not involve distribution of a controlled substance to a minor.

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

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

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.

Districts Where Allowed Districts where use is allowed: M1, M2

Vehicle Parking:
Maximum 1 parking space per 1 employee on largest shift (includes shift, office, and maintenance staff)>.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Multi-Unit Dwelling

A dwelling containing three or more dwelling units. A multi-unit dwelling may include condominium units.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, CO, RM15, RM15C, RM24, RM36, RMU Districts where use may be allowed as a conforming use: CNO

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit 2 parking spaces maximum per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2A
A. Adult Foster Care Family Home and Group Home.

Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license. Any facility with seven or more residents must be located at least 1,500 feet from any adult foster care facility with seven or more residents.

§ 4.2Q
Q. Multi-Unit Residential.

1. Generally Applicable Standards.

a) Site Layout. To the greatest degree practicable, multifamily residential structures shall be located so that:

1) Common open space amenities are located between buildings and are visible from residences within the development and from circulation routes within the development; and
2) Garage doors, carports, and parking garages are not located between a multifamily building and a required street frontage, but are instead internalized within building groups so as not to be directly visible from the street frontage.

b) Facades.

1) Length. The length of any multifamily primary residential building shall not exceed 200 feet.
2) Articulation of Townhouse Facades. No more than eight townhouse units may be attached in any single row or building group. Each group of attached adjacent townhouses shall be separated from the next group by a walkway leading from the street in front of the townhome or to an alley, public street, or common access area behind the group of townhouses. The facades of a primary structure containing townhouse units shall be articulated to differentiate the individual units.
3) Articulation of Facades Other Than Townhouses. At least three of the following design features shall be provided for visual relief along all facades of each primary multifamily building; roof dormers; gables; recessed entries; covered porches; cupolas; pillars, pilasters or posts; bay windows (minimum twelve-inch projection); eaves (minimum six-inch projection) or a parapet wall with an articulated design (decorative cornice, etc.); multiple windows with minimum four-inch trim; or recesses/shadow lines.
4) Four-Sided Design. A primary building's special architectural features and treatments shall not be limited to a single facade. All sides of a building open to view by the public, whether viewed from public or private property, shall display a similar level of quality and architectural interest.
5) Windows. All elevations shall contain windows, and the area of such windows shall equal at least 20% of the total wall area on the facade where the windows are located.
6) Materials. At least 50% of the surface of exterior walls, excluding areas for windows, doors, and other similar openings, shall be of brick, decorative precast, or a decorative masonry surface, concrete siding, or natural materials such as wood.

c) Roof Design.

1) Rooflines longer than 100 horizontal feet shall include at least one vertical elevation change of at least two feet.
2) All sloped roofs shall have a minimum slope of 4:12, and shall have overhanging eaves of at least one foot.
3) Roofs of clay or concrete tiles, slate, Masonite, or heavy duty/hail resistant dimensional composition are preferred to convention asphalt (3-tab) roofs. All composition shingle roofing shall be constructed using high profile, textured shingles.
4) Rooftop mechanical equipment and appurtenances shall be screened so that they are not visible from any location within 200 feet of the building when viewed from five feet above grade level. Screening enclosures shall be composed of one or more predominant materials used in the facades of the primary structure and one of the predominant colors used in the primary structure.

d) Garages and Carports.

1) All accessory carport structures shall be constructed of materials compatible with the principal structure on the lot, and shall not be constructed from salvage doors, corrugated or sheet metal, vinyl, canvas, nondurable materials, or other prohibited materials as designated by the City.
2) Detached garages and carports shall have pitched roofs with a minimum slope of 4:12.
3) No more than six garage doors may appear on any multifamily primary building elevation containing entry doors. No more than four garage doors may be grouped together without an intervening wall surface of at least 20 linear feet (measured horizontally).

e) Sidewalks. Sidewalks at least four feet wide shall be required along all public streets adjacent to a development site. Required sidewalks shall be separated from the street by a curb lawn at least five feet wide; provided, however, that if the predominant width of existing curb lawns on adjacent blocks is less than five feet, then curb lawns along the proposed development may match that predominant width.
f) Walkways. Every primary residential structure shall have a paved walkway at least four feet wide connecting the primary building entrance (in most cases the front door) to the sidewalk system or parking area. In the case of multifamily or attached dwellings, a common walkway may be used to satisfy this requirement so long as it provides a direct and convenient route to every residence served.

2. Additional Standards for the RM-15C District. The following standards shall apply to multifamily development in the RM-15C district. In the event of any inconsistency between these standards and other standards in § 4.2.Q: Multi-Unit Residential, these standards shall govern.

a) At least 50% or more of front and side exteriors (excluding the area of doors or windows) must be comprised of natural brick, stone, wood siding, decorative pre-cast, decorative masonry, or other natural materials (excluding plywood or concrete block).
b) For every two dwelling units the building is wide, the roof line must be distinct through either a separation of roof pitches (minimum difference of at least 5°), a difference in roof direction, a difference in roof height (minimum of two vertical feet), or a combination of methods.
c) For every two dwelling units the building is wide, the front facade must be distinct through either the use of different facade materials, staggered building lines (minimum of two feet), an identifiable permanent architectural design element such as a chimney, pilaster or column (excluding gutter spouts or siding trim), or a combination of methods.
d) For all dwelling facades that face streets, all windows shall contain shutters on each side or other decorative window features.

3. Additional Requirements for CMU, CN-1, CO, CN-2, and CC Districts. Dwelling units are allowed in the CMU, CN-1, CO, CN-2, and CC districts only when part of a mixed-use project and only when located above the ground floor of buildings containing retail or other commercial floor space on the ground floor.
4. Multifamily Dwelling Design Standards.

a) Application. The standards set forth in § 6.5.A shall apply to all construction of multifamily dwellings (a) in any zone district where such multifamily dwellings are a permitted or special use, and (b) in all PUD-O Districts where multifamily dwellings are permitted, unless explicitly modified by the terms of the PUD-O zone district or related plans approved by the City. In addition, such developments shall comply with all other applicable requirements of this Ordinance.
b) (Reserved)
c) (Reserved)
d) Off-Street Parking Requirements. In addition to complying with the off-street parking requirements in § 6.1: Off-Street Parking and Loading, all driveways, service areas and open parking areas abutting property located in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone district shall not be located closer than 10 feet to any property line except where driveways enter or exit the site, nor closer than five feet to any property line for abutting properties in any other zoning district.
e) Utilities. All public utilities shall be placed underground.
f) Accessory Structures and Uses. Only the following types of accessory structures shall be permitted in connection with a multifamily residential development, and all permitted accessory structures shall meet the standards set forth in Subsection b) below.

1) Permitted accessory structures and uses:

(a) Community buildings;
(b) Pools;
(c) Tennis courts;
(d) Garages and carports;
(e) Storage structures; and
(f) Similar recreational and accessory structures and uses.

2) Height and Location. Accessory buildings shall not exceed 16 feet in height. Accessory structures and uses, except garages and carports, shall be located at least 25 feet from all property lines that abut property in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone district. Where a property line abuts property located in any zone district other than those listed in the preceding sentence, garages and carports may be located three feet from the property line. A carport must have a wall at least four feet high on the side facing the property line if it is located within 10 feet of the property line where the property line abuts property located in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone district. Garages and carport walls shall be considered as providing the required screening. Garages and carports shall not exceed 112 feet in length.

Figure 4-3: Multifamily Site Design

Neighborhood Centers

Vehicle Parking:
Maximum 1 parking space per 6 seats in worship area or maximum 1 parking space per 40 square feet without seats.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2H

H.Community Service Center, Cultural Exhibits, Libraries, and Museums; Neighborhood Centers; Religious Assembly. In the RS-4, RS-5, RS-6, RD-8, and RD-19 districts, (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 500 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 50,000 square feet of gross floor area. In the RM-15, RM-15C, RM-24, RM-36, and RMU districts (a) no facility shall contain a meeting hall, assembly room, or worship room capable of accommodating more than 1,000 persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 100,000 square feet of gross floor area. All facilities shall comply with the Operational Performance Standards for noise set forth in § 6.6.B: Noise.

Nursing home/assisted living/rehabilitation center/adult foster care

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

(a) A rehabilitation center is permitted for up to six persons.

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

Districts Where Allowed Districts where use is allowed: CC, D2, D3, LW2 Districts where use may be allowed with Development Standards: CC2, D1, LW1

Vehicle Parking:
Maximum 1 parking space per employee on largest shift;
Maximum 1 parking space per facility vehicle;
Maximum 1 parking space per 5 beds.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where it is permitted with development standards (PD), the following is required:

(a) A rehabilitation center is permitted for up to six persons.

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

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."

Districts Where Allowed Districts where use is allowed: CCBD, CN-2, RM24, RM36, RMU Districts where use may be allowed with Special Use Permit: RM15, RM15C

Vehicle Parking:
Nursing home/assisted living/rehabilitation center/adult foster care: Maximum 1 parking space per employee on largest shift;
Maximum 1 parking space per facility vehicle;
Maximum 1 parking space per 5 beds.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2C

C. Assisted Living Facility, Foster Family Group Home, Foster Family Home, Nursing/Convalescent Home; Rehabilitation Center. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

Office

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

Districts Where Allowed Districts where use is allowed: CBTR, CC, CC2, CCBD, CMU, CN1, CN-2, CNO, C-Node, CO, D1, D2, D3, LW1, LW2, M1, M2, N-Node Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
Maximum 1 parking space per 300 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Outdoor sales and storage

A use that involves the sale, rental, and minor repair of items where the majority of the goods are stored or displayed outdoors. This includes such uses as sale and rental of vehicles with less than 10,000 pounds gross cargo weight, motor homes, and boats and the sale of building or landscape materials such as plants, gravel, or rocks. Sale or rental of vehicles over 10,000 pounds gross cargo weight is considered an industrial use; refer to § 50-4.4D.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CC, CC2, LW1, LW2

Vehicle Parking:
Maximum 1 parking space per employee at largest shift;
Maximum 1 parking space per 2,500 square feet outdoor sales area.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where outdoor sales and storage is permitted with special use permit (S) or permitted with development standards (PD), the following standard applies.

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

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

[1] A side and rear setback of 25 feet is required unless the adjacent property is zoned Manufacturing (M).
[2] Outdoor sales and storage materials are not permitted in any required setback or build-to zone.
[3] Outdoor storage of loose items is not permitted within 50 feet of a wetland or water resource, as defined in § 50-6.2C and D.

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

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

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

[1] Outdoor storage of loose items is not permitted in Downtown 3 (D3), Live Work 1 (LW1), and Community Commercial 2 (CC2).
[2] Outdoor storage of loose items may not be stacked higher than the fencing or wall surrounding the material; except in Manufacturing 2 District (M2).

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

[1] A building is required to house the office, sales management, on-site security, or other similar functions.
[2] Except in Community Commercial (CC) District, the outdoor market lot type standards must be followed and the front facade of the building shall be located within 10 feet of the front property line. Refer to § 50-5.6G, Outdoor market lot type.

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

[1] Storage of all items or materials shall be screened on the side and rear property lines per § 50-8.3E, Side and rear landscape screening.
[2] Storage of loose items must be screened from view of adjacent streets, except in the Community Commercial (CC) and Manufacturing (M) Districts.

Outdoor storage and display

Storage of goods for sale or items related to the use(s) on the lot located outside of a structure.

Districts Where Allowed Districts where use is allowed: CC Districts where use may be allowed with Development Standards: CC2, C-Node, LW1, LW2, N-Node

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
In the districts where outdoor storage is permitted with development standards (PD), the following standards apply:

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

(b) Location. Storage is permitted in the rear yard or side yard.

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

Package Liquor Stores

A retail establishment licensed by the Michigan Liquor Control Commission selling packaged alcoholic liquors, including beer, wine, and spirituous liquors, for consumption off-site. This use does not include establishments meeting the definition of an eating and drinking establishment and grocery store.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU, RMU Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D1, D2, D3, N-Node

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where packaged liquor is permitted with development standards (PD), the following standards apply:

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

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

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

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

1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.

2. A convenience store which sells packaged alcoholic beverages for consumption off the premises or a package liquor store shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment without vehicle service or repair, when those uses sell packaged alcoholic beverages for consumption off the premises

c) Within 2,640 feet of another package liquor store.

Parking

Parking lot (stand alone) - a lot in which the primary use is parking of vehicles for public use or private use of adjacent businesses and residences.

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.

Districts Where Allowed Districts where use is allowed: IC, M1, M2, P Districts where use may be allowed with Special Use Permit: CN-2, CO, RD19, RD-8, RM15, RM15C, RM24, RM36 Districts where use may be allowed with Development Standards: CC, CC2, D2, D3, LW1, LW2

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Development Requirements:

In the districts where parking lot is permitted with development standards (PD), the following standards apply:

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

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

(c) Street type limitations.

[1] Prohibited locations. A parking lot is not permitted on a lot that fronts an Event/Festival and Urban Center street.
[2] Treatment when fronting on a street.

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

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

1. Commercial parking lots are limited to the parking of operable private passenger vehicles. All such vehicles shall bear current and valid license plates.

2. No parking lot or parking area may be used as a towing service storage yard.

3. Commercial parking lots shall not be used as sites for vending of any kind.

4. Commercial parking lots shall comply with all standards and requirements applicable to accessory parking lots, as set forth in Article 7.

5. Commercial parking lots shall comply with all requirements of § 6.2 Landscaping and Open Space, applicable to parking areas.

See Article 7: Parking and Loading Regulations for complete, detailed information.

Parks and open space

An area of land designed and equipped for passive or active recreation or open air gathering.

Districts Where Allowed Districts where use is allowed: CC, CC2, D3, LW1, LW2 Districts where use may be allowed with Development Standards: D2

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:

This use may include secondary uses such as retail or service uses, community center, and museum or interpretative center.

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.

Personal Convenience Services

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, M1, M2, RMU

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2I

I. Convenience Stores; Fire, Insurance, and Real Estate; Food Sales (Grocery); Personal Convenience Services; Personal Improvement Services.

1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.

2. A convenience store which sells packaged alcoholic beverages for consumption off the premises or a package liquor store shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment without vehicle service or repair, when those uses sell packaged alcoholic beverages for consumption off the premises

c) Within 2,640 feet of another package liquor store.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, CNO, CO, M1, M2, RMU

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2I

I. Convenience Stores; Fire, Insurance, and Real Estate; Food Sales (Grocery); Personal Convenience Services; Personal Improvement Services.

1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.

2. A convenience store which sells packaged alcoholic beverages for consumption off the premises or a package liquor store shall not be located:

a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of either:

1) A structure set apart primarily for the purpose of religious assembly, which is tax exempt under the laws of this state, with which clergy is associated, and the structure is not put to any other inconsistent use; or

2) A school building.

b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment without vehicle service or repair, when those uses sell packaged alcoholic beverages for consumption off the premises

c) Within 2,640 feet of another package liquor store.

Police and fire station

A facility that provides protection to a district or entity according to fire, life, and safety code sections.

Districts Where Allowed Districts where use is allowed: CC, CC2, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
Maximum 1 parking space per employee on largest shift; 0.75 parking spaces per fleet vehicle.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

Permitted secondary uses with this type of facility include storage of equipment, indoor and outdoor parking of vehicles, offices, residences. Police and fire stations are exempt from any entrance bay and vehicle access standards noted in § 50-5.6, Lot type standards. The use of these standards is encouraged to support this use blending within the neighborhood location.

Postal Service

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

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CN1, CN-2, CNO, CO, IC, M1, M2, P, RMHP Districts where use may be allowed with Special Use Permit: RD19, RD-8, RM15, RM15C, RM24, RM36, RMU, RS4, RS5, RS7

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Poultry and rabbits

Districts Where Allowed Districts where use may be allowed with Development Standards: CC2, C-Node

Development Requirements:
Poultry and rabbits are permitted as follows:

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

[1] Permitted in the side or rear yards.
[2] Must be set back 10 feet from all property lines.
[3] Must be located a minimum of 15 feet from an adjacent lot’s primary structure.

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

(c) Roosters. Keeping of roosters is not permitted.

Processor establishments (marihuana)

Processors are licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4E(1) for information on General provisions.

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

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

(b) All processing operations must be conducted within an enclosed building.

Processor facility (medical marihuana)

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.

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4F(1) for information on General provisions.

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

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

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

(c) All processing operations must be conducted within an enclosed building.

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

Provisioning center (medical marihuana)

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.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, D1, D2, D3, LW1

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4F(1) for information on General provisions.

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

(a) Permitted in the following zones:

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

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

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

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

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

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

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

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

[1] A package liquor store.
[2] A convenience store that sells alcoholic beverages.
[3] A fueling station that sells alcoholic beverages.

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

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.

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CN1, CN-2, CNO, CO, IC, M1, M2, P, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Police and fire station/utilities and public services: Maximum 1 parking space per employee on largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Recycling, Large Collection Facility

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.

Districts Where Allowed Districts where use is allowed: P

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2Y

Y. Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities. Wrecking and towing services, scrap and salvage yards and storage areas for one or more impounded, damaged or inoperable vehicles (whether licensed or unlicensed) for a period of more than 24 hours, and recycling facilities, must comply with the following standards:

1. The development must contain a minimum of two acres.

2.The use must be completely screened from view of public rights-of-way and adjacent properties by a vertical wall or fence (and associated gates and doors) with a uniform height of no less than eight feet and a maximum height of not more than 12 feet. The wall or fence must be plumbed vertically and squared and constructed of masonry material with natural or painted finish, wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence must resist the exterior wall wind loads prescribed in Chapter 9, Building Regulations, Code of Ordinances of Kalamazoo. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer. Gates must be constructed of materials as prescribed for the nonmasonry walls or fences. Gates must be supported so as to maintain level and plumb when closed.

3.Walls or fences and gates and doors must be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of six feet from property lines abutting public rights-of-way. Gates and doors may not extend into the public right-of-way and must be closed when the facility is not in use or operation. The area outside of the walls or fences, on the property of the establishment, must be covered with grass or ground cover and kept in reasonable and safe condition.

4. Notwithstanding the other standards and requirements of this section, wrecking and towing services, scrap and salvage yards and storage areas in existence on November 18, 1996:

a) That are less than two acres in area do not need to acquire additional area.

b) That have any walls or fences that are in full compliance with the standards in this subsection, but that are not set back a minimum of six feet from the property line, are not required to comply until they are replaced or substantially repaired.

Recycling, 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.

Districts Where Allowed Districts where use is allowed: P

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2Y

Y. Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities. Wrecking and towing services, scrap and salvage yards and storage areas for one or more impounded, damaged or inoperable vehicles (whether licensed or unlicensed) for a period of more than 24 hours, and recycling facilities, must comply with the following standards:

1. The development must contain a minimum of two acres.

2.The use must be completely screened from view of public rights-of-way and adjacent properties by a vertical wall or fence (and associated gates and doors) with a uniform height of no less than eight feet and a maximum height of not more than 12 feet. The wall or fence must be plumbed vertically and squared and constructed of masonry material with natural or painted finish, wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence must resist the exterior wall wind loads prescribed in Chapter 9, Building Regulations, Code of Ordinances of Kalamazoo. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer. Gates must be constructed of materials as prescribed for the nonmasonry walls or fences. Gates must be supported so as to maintain level and plumb when closed.

3.Walls or fences and gates and doors must be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of six feet from property lines abutting public rights-of-way. Gates and doors may not extend into the public right-of-way and must be closed when the facility is not in use or operation. The area outside of the walls or fences, on the property of the establishment, must be covered with grass or ground cover and kept in reasonable and safe condition.

4. Notwithstanding the other standards and requirements of this section, wrecking and towing services, scrap and salvage yards and storage areas in existence on November 18, 1996:

a) That are less than two acres in area do not need to acquire additional area.

b) That have any walls or fences that are in full compliance with the standards in this subsection, but that are not set back a minimum of six feet from the property line, are not required to comply until they are replaced or substantially repaired.

Recycling, Small Collection Facility

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.

Districts Where Allowed Districts where use is allowed: CMU, M1, P

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2Y

Y. Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities. Wrecking and towing services, scrap and salvage yards and storage areas for one or more impounded, damaged or inoperable vehicles (whether licensed or unlicensed) for a period of more than 24 hours, and recycling facilities, must comply with the following standards:

1. The development must contain a minimum of two acres.

2.The use must be completely screened from view of public rights-of-way and adjacent properties by a vertical wall or fence (and associated gates and doors) with a uniform height of no less than eight feet and a maximum height of not more than 12 feet. The wall or fence must be plumbed vertically and squared and constructed of masonry material with natural or painted finish, wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence must resist the exterior wall wind loads prescribed in Chapter 9, Building Regulations, Code of Ordinances of Kalamazoo. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer. Gates must be constructed of materials as prescribed for the nonmasonry walls or fences. Gates must be supported so as to maintain level and plumb when closed.

3.Walls or fences and gates and doors must be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of six feet from property lines abutting public rights-of-way. Gates and doors may not extend into the public right-of-way and must be closed when the facility is not in use or operation. The area outside of the walls or fences, on the property of the establishment, must be covered with grass or ground cover and kept in reasonable and safe condition.

4. Notwithstanding the other standards and requirements of this section, wrecking and towing services, scrap and salvage yards and storage areas in existence on November 18, 1996:

a) That are less than two acres in area do not need to acquire additional area.

b) That have any walls or fences that are in full compliance with the standards in this subsection, but that are not set back a minimum of six feet from the property line, are not required to comply until they are replaced or substantially repaired.

Rehabilitation Center (Live-In Facilities With Up To 6 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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, RMU Districts where use may be allowed with Special Use Permit: CN1, CN-2, CO, RM15, RM24, RM36

Vehicle Parking:
Nursing home/assisted living/rehabilitation center/adult foster care: Maximum 1 parking space per employee on largest shift;
Maximum 1 parking space per facility vehicle;
Maximum 1 parking space per 5 beds.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:
§ 4.2C

C. Assisted Living Facility, Foster Family Group Home, Foster Family Home, Nursing/Convalescent Home; Rehabilitation Center. Any facility required to be licensed by the State of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

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.

Residential (1 and 2 units) (within a primary structure)

Districts Where Allowed Districts where use is allowed: CC2, D3, LW1 Districts where use may be allowed with Development Standards: CC, C-Node, D1, D2, LW2, N-Node

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit 2 parking spaces maximum per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

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

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

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

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

[1] Detached, single-unit residential is not permitted.
[2] Residential units in the CC District are only permitted in conjunction with a commercial use(s), creating a mix of uses on the site.
[3] Residential units are not permitted in the ground floor occupied space that directly fronts the front property line.

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

Residential (3 and 4 units)

Districts Where Allowed Districts where use is allowed: CC2, D2, D3, LW1, LW2 Districts where use may be allowed with Development Standards: CC, C-Node, D1, N-Node

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit 2 parking spaces maximum per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4A(4) for details.

Residential: multifamily (5 or more units)

Districts Where Allowed Districts where use is allowed: CC2, D2, D3, LW1, LW2 Districts where use may be allowed with Development Standards: CC, C-Node, D1, N-Node

Vehicle Parking:
Maximum 1 parking space per dwelling unit.
For detached and attached units may permit 2 parking spaces maximum per dwelling unit.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

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

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

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

[1] Residential uses in the CC District are only permitted in conjunction with a commercial use(s), creating a mix of uses on the site.
[2] Multifamily units are not permitted in the ground floor occupied space that directly fronts the front property line.

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

Retail Sales and Service, 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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, M1, M2, RMU Districts where use may be allowed with Special Use Permit: CNO, RD19, RD-8, RM15, RM15C, RM24, RM36

Vehicle Parking:
Maximum 1 parking space per 330 square feet
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2S

S. Retail Sales and Services (Indoor).

1. CMU and CN-1 Districts. In the CMU and CN-1 districts, the gross floor area of retail sales and services (indoor) may not exceed 3,500 square feet.

2. RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O Districts. In the RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O districts, retail sales (a) shall only be permitted in structures that are more than 50 years old and that contain more than 3,500 square feet of gross floor area, and (b) shall be limited to sales of finished pieces of art or crafts.

Retail Sales and Service, 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.

Districts Where Allowed Districts where use is allowed: CCBD, M1, M2 Districts where use may be allowed with Special Use Permit: CMU, CN-2, RMU

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2T

T. Retail Sales and Services (Outdoor).

1. Retail sales and services (outdoor) shall be located on the same private property containing the primary use unless an encroachment permit has been obtained from the City to allow use of public right-of-way.

2. In the R districts, outdoor cafes shall not operate after 9:00 p.m.

3. In the R districts, outdoor sales of items, including but not limited to fruits, flowers, and vegetables raised on the property, shall be limited to no more than 10% or 500 square feet of the front yard area of the property, whichever is less.

Retailer establishments (marihuana)

Retailer establishments are licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, D1, D2, D3, LW1

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4E(1) for information on General provisions.

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

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

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

(c) All retailer activities must be conducted within an enclosed building.

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

[1] A package liquor store.
[2] A convenience store that sells alcoholic beverages.
[3] A fueling station that sells alcoholic beverages.

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

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

[a] A City of Kalamazoo resident living within Census Tracts 1, 2.02, 3, 9, and 10 for the past three years.
[b] A City of Kalamazoo resident with a marihuana conviction that does not involve distribution of a controlled substance to a minor.

[2] A location shared with a licensed provisioning center.

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

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

Rooming house/Boardinghouse

A type of group living use in which space is let primarily for sleeping purposes, with or without meals, by the owner or agent to persons who are not related to the owner or operator by blood, marriage, or adoption.

Districts Where Allowed Districts where use is allowed: CC2, D3, LW1, LW2 Districts where use may be allowed with Development Standards: CC, C-Node, D1, D2, N-Node

Vehicle Parking:
Maximum 1 parking space per unit or bedroom .
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Development Requirements:

In the districts where a rooming house is permitted with development standards ("PD"), the following standards apply.

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

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

[1] Rooming houses in the CC District are only permitted in conjunction with commercial uses, creating a mix of uses on the site.
[2] Rooming house units are not permitted in the ground floor occupied space that directly fronts the front property line.

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

In CN-1, CO, CN-2, CC and CCBD districts, roominghouses and boardinghouses must be located at least 1,500 feet from any other roominghouse or boardinghouse with seven or more residents. Any facility required to be licensed by the State of Michigan shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

Safety compliance facility (medical marihuana)

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.

Districts Where Allowed Districts where use is allowed: D3, LW1, LW2 Districts where use may be allowed with Development Standards: CC2, D2

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4F(1) for information on General provisions.

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

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

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

Safety compliance operations establishments (marihuana)

MARIHUANA ESTABLISHMENT, ADULT USE
An adult use marihuana commercial business operation licensed pursuant to the MRTMA and permitted to operate by City ordinance.

Districts Where Allowed Districts where use is allowed: CC, D3, LW1, LW2 Districts where use may be allowed with Development Standards: CC2, D2

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4E(1) for information on General provisions.

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

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

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

Sales, Animal Services

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2 Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
Maximum 1 parking space per 330 square feet.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

School

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

Districts Where Allowed Districts where use is allowed: CBTR, CC, CC2, CCBD, CMU, CN-2, CO, D1, IC, P Districts where use may be allowed with Special Use Permit: CN1, CNO, M1, M2, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Maximum 2 parking spaces per 3 employees as largest shift; in addition for high schools: Maximum 1 parking space per 10 students enrolled in Grades 10 through 12
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

Schools may include space for classrooms, laboratories, gymnasium, pools, theaters, dining services, and outdoor athletic or recreational facilities.

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.

Districts Where Allowed Districts where use is allowed: M2

Vehicle Parking:
Maximum 1 parking space per 1 employee on largest shift (includes shift, office, and maintenance staff).
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Development Requirements:
§ 4.2Y

Y. Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities. Wrecking and towing services, scrap and salvage yards and storage areas for one or more impounded, damaged or inoperable vehicles (whether licensed or unlicensed) for a period of more than 24 hours, and recycling facilities, must comply with the following standards:

1. The development must contain a minimum of two acres.

2.The use must be completely screened from view of public rights-of-way and adjacent properties by a vertical wall or fence (and associated gates and doors) with a uniform height of no less than eight feet and a maximum height of not more than 12 feet. The wall or fence must be plumbed vertically and squared and constructed of masonry material with natural or painted finish, wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence must resist the exterior wall wind loads prescribed in Chapter 9, Building Regulations, Code of Ordinances of Kalamazoo. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer. Gates must be constructed of materials as prescribed for the nonmasonry walls or fences. Gates must be supported so as to maintain level and plumb when closed.

3.Walls or fences and gates and doors must be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of six feet from property lines abutting public rights-of-way. Gates and doors may not extend into the public right-of-way and must be closed when the facility is not in use or operation. The area outside of the walls or fences, on the property of the establishment, must be covered with grass or ground cover and kept in reasonable and safe condition.

4. Notwithstanding the other standards and requirements of this section, wrecking and towing services, scrap and salvage yards and storage areas in existence on November 18, 1996:

a) That are less than two acres in area do not need to acquire additional area.

b) That have any walls or fences that are in full compliance with the standards in this subsection, but that are not set back a minimum of six feet from the property line, are not required to comply until they are replaced or substantially repaired.

Secondary building

Secondary buildings include such structures as detached garages, sheds, accessory dwellings, greenhouses, and hoop houses.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, C-Node, D1, D2, D3, LW1, LW2, N-Node, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Development Requirements:
In the districts where secondary buildings are permitted with development standards (PD), the following standards apply:

(a) Height. Secondary buildings can be up to two stories in height. Refer to Figure 5.3-1, Measuring Height.

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

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

Secure transporter establishments (marihuana)

Secure transporter establishments are licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, D3

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4E(1) for information on General provisions.

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

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

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

Secure transporter facilities (medical marihuana)

A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC, CC2, D1, D2, D3, LW1

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

See § 50-4.4F(1) for information on General provisions.

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

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

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

Sidewalk cafe

Outdoor eating areas permitted within the right-of-way and on the property in question.

Districts Where Allowed Districts where use may be allowed with Development Standards: CC2, C-Node, D1, D2, D3, LW1, LW2, N-Node

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
In the districts where a sidewalk cafe is permitted with development standards (PD), the following standards apply.

(a) Clear pedestrian pathway. A minimum pedestrian pathway of five feet must be maintained free of all obstacles.

(b) Permit. If located in the public right-of-way, a temporary encroachment permit is required from the City of Kalamazoo.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, IC, M1, M2 Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 per 2 employees at largest shift
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2E

E. Brewpub, Sit Down Restaurant, Tavern or Lounge. In the CN-1 district, a brewpub, sit down restaurant, tavern or lounge may not exceed occupancy load of 100 persons per floor (not including outdoor seating, which is allowed provided that a minimum pedestrian clear space of four feet is maintained along all public walkways at all times and provided that all trash receptacles related to such outdoor seating area are emptied and moved to a secure area off the public walkways after business hours).

Sports and Recreation, Participant, Indoor

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):

INDOOR — Those uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, swimming pools and physical fitness centers.

Districts Where Allowed Districts where use is allowed: CCBD, IC, M1, M2, P Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
Entertainment sports - Participant: Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Sports and Recreation, Participant, Outdoor

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):

OUTDOOR — Those uses conducted in open facilities. Typical uses include driving ranges, miniature golf courses and swimming pools.

Districts Where Allowed Districts where use is allowed: CCBD, IC, M1, M2, P

Vehicle Parking:
Entertainment sports - Participant: Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Storage of Inoperable Vehicles

Districts Where Allowed Districts where use is allowed: M1, M2

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Development Requirements:
§ 4.2Y

Y. Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities. Wrecking and towing services, scrap and salvage yards and storage areas for one or more impounded, damaged or inoperable vehicles (whether licensed or unlicensed) for a period of more than 24 hours, and recycling facilities, must comply with the following standards:

1. The development must contain a minimum of two acres.

2.The use must be completely screened from view of public rights-of-way and adjacent properties by a vertical wall or fence (and associated gates and doors) with a uniform height of no less than eight feet and a maximum height of not more than 12 feet. The wall or fence must be plumbed vertically and squared and constructed of masonry material with natural or painted finish, wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence must resist the exterior wall wind loads prescribed in Chapter 9: Buildings and Building Regulations, Code of Ordinances of Kalamazoo. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer. Gates must be constructed of materials as prescribed for the nonmasonry walls or fences. Gates must be supported so as to maintain level and plumb when closed.

3.Walls or fences and gates and doors must be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of six feet from property lines abutting public rights-of-way. Gates and doors may not extend into the public right-of-way and must be closed when the facility is not in use or operation. The area outside of the walls or fences, on the property of the establishment, must be covered with grass or ground cover and kept in reasonable and safe condition.

4. Notwithstanding the other standards and requirements of this section, wrecking and towing services, scrap and salvage yards and storage areas in existence on November 18, 1996:

a) That are less than two acres in area do not need to acquire additional area.

b) That have any walls or fences that are in full compliance with the standards in this subsection, but that are not set back a minimum of six feet from the property line, are not required to comply until they are replaced or substantially repaired.

Storage of RVs and Boats

Storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles and boats.

Districts Where Allowed Districts where use is allowed: M1, M2 Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Swimming Pools, Residential

Development Requirements:
§ 4.3 Accessory and Temporary Uses and Structures.
The standards of this section apply to all accessory and temporary uses and structures unless otherwise expressly stated.

A. Purpose. This section regulates uses and structures that are incidental to principal uses and buildings to prevent them from becoming the predominant element of the site. The standards provide for necessary access around structures, help maintain privacy to abutting lots, and maintain open front setbacks.
B. General Standards.

1. Subordinate to Principal Use. Accessory uses and structures must be subordinate to the principal use and structure on the subject lot in terms of area, extent and purpose.
2. Time of Establishment and Removal. Accessory structures must be constructed in conjunction with or after the principal building. They may not be built prior to the construction of the principal structure. No accessory use or structure may continue in use or operation after the principal primary structure or principal to which it is accessory has been removed or ceased operation, unless the accessory use is also listed as a permitted use in the zone district.
3. Compliance with District Standards. Unless otherwise expressly stated, the setback, height, and building coverage standards of the underlying district apply to both principal and accessory structures.

C. Building Coverage.

1. The combined footprint of all detached covered accessory buildings may not exceed 20% of the total area of the lot, unless a larger lot coverage is specifically permitted by another provision of this Ordinance.
2. A detached accessory building may not have a larger building footprint than the building footprint of the principal structure.

D. Location in Required Setbacks.

1. Accessory structures not more than 16 feet in height may be located in required rear setbacks if they do not occupy more than 33% of the actual rear yard area and are located at least three feet from any lot line. Preexisting, detached, conforming accessory structures located in rear yards shall not become nonconforming if the primary structure on the site is expanded causing any portion of the accessory structure to be in the side yard.
2. Trellises that provide entry into a property may be located in required front yard setbacks if they are no more than eight feet tall, eight feet wide, and eight feet deep, are not located in the public right-of-way, do not obscure or block vehicular traffic lines of sight, do not impede or block pedestrian circulation, and do not hinder access to the property by emergency services and equipment. One such trellis is allowed per pedestrian entrance into a property. When required by the Building Official, a building permit shall be obtained prior to the erection of a trellis.
3. Mechanical structures, such as heat pumps, air conditioners, emergency generators, and water pumps are not allowed in required front setbacks, but may be located in rear or side setbacks if located at least three feet from rear and side lot lines.
4. No ornamental or other lawn feature, including but not limited to statues, figurines, decorations, art objects, animal shelters, containers, or other similar items, over 2 1/2 feet in height shall be installed or maintained within 25 feet of any public street, or within any triangular area defined by the following three types of points:

a) Point 1: The point of intersection of intersection of any public street with (i) any other public street, or (ii) any railroad right-of-way with an at-grade crossing, or (iii) any private driveway (other than a driveway for a single- or two-family residential structure);
b) Point 2: A point along the side right-of-way line of the first public street located 25 feet away from the point of intersection; and
c) Point 3: A point along the side line of second public street, or the railroad right-of-way, or the private driveway, located 25 feet away from the point of intersection.

E. Height of Accessory Buildings. Unless otherwise expressly stated, no accessory building in a residential district may exceed 16 feet in height. In a nonresidential district, no accessory building may exceed the height of the principal building on the same lot.
F. Setbacks. Unless otherwise expressly stated, accessory structures may not be located in the front yard. Detached garages and carports can be located in front yards but not in required front yard setbacks.

Accessory Residential Swimming Pools.

Accessory residential swimming pools are accessory structures that must meet the following additional standards. In the event of a conflict between any of the provisions below and any other provision of this Ordinance, the provisions below shall govern:
1. No accessory residential swimming pool shall cover more than 50% of any required side or rear yard area. No accessory swimming pool shall be located in any portion of a required front yard area.
2. Required swimming pool fences shall meet all applicable requirements of the building code, and may be combined with any other fence permitted in a side or rear yard area (e.g. a perimeter fence) meeting all applicable requirements of this Ordinance.

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, IC, M1, M2 Districts where use may be allowed with Special Use Permit: CN1, RMU

Vehicle Parking:
Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2E

E. Brewpub, Sit Down Restaurant, Tavern or Lounge. In the CN-1 district, a brewpub, sit down restaurant, tavern or lounge may not exceed occupancy load of 100 persons per floor (not including outdoor seating, which is allowed provided that a minimum pedestrian clear space of four feet is maintained along all public walkways at all times and provided that all trash receptacles related to such outdoor seating area are emptied and moved to a secure area off the public walkways after business hours).

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN1, CN-2, IC, M1, M2 Districts where use may be allowed with Special Use Permit: CNO, RD19, RD-8, RM15, RM15C, RM24, RM36, RMU

Vehicle Parking:
Maximum 1 parking space per 5 persons at maximum occupancy; Maximum 1 parking space per 2 employees at largest shift
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
§ 4.2V

V. Tearoom/Cafe. In the RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O districts, tearooms and cafes (a) shall only be permitted in structures that are more than 50 years old and that contain more than 3,500 square feet of gross floor area, and (b) shall be limited to a maximum of 10 tables for customer use, and (c) shall only operate between the hours of 10:00 am and 9:00 pm. Outdoor seating shall not continue past 9:00 p.m.

Telecommunications

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.

Districts Where Allowed Districts where use is allowed: M1, M2

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Development Requirements:
§ 4.2W

W. Telecommunications Facilities.

1. Purpose. The purpose of these regulations is to regulate the placement, construction, and modification of transmission towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Kalamazoo. The specific purposes are as follows:

a) To regulate the location of transmission towers and telecommunications facilities in the City;

b) To protect residential areas and land uses from potential adverse impact of transmission towers and telecommunications facilities;

c) To minimize adverse visual impact of transmission towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;

d) To promote and encourage shared use/collocation of transmission towers and antenna support structures as a primary option rather than construction of additional single-use transmission towers;

e) To avoid potential damage to property caused by transmission towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound; and

f) To ensure that transmission towers and telecommunications facilities are compatible with surrounding land uses.

g) Nothing in this section applies to amateur radio antennas, or facilities, used exclusively for the transmission of television or radio signals.

2. Siting; Permitted and Special Uses. No telecommunication facility or transmission tower may be constructed, modified to increase its height, installed or otherwise located within the City except as provided in this section. Depending on the type and location of the telecommunication facility, the telecommunication facility will be either a permitted use, subject to building review procedures, or a special use.

a) No special use permit is required for a telecommunication facility or transmission tower that is allowed as a permitted use pursuant to § 4.2W.3: Collocation on Existing Towers, § 4.2W.4: Collocation on Other Structures, and § 4.2W.5: Construction of New Transmission Towers. Such telecommunication facilities will require site plan review and any permits required by the Kalamazoo City Code.

b) A telecommunication facility or transmission tower that, pursuant to § 4.2W.3: Collocation on Existing Towers, § 4.2W.4: Collocation on Other Structures, and § 4.2W.5: Construction of New Transmission Towers, requires a special use permit, must be processed in accordance with § 8.3D: Special Use Permit and in accordance with established administrative policies, including review by appropriate City of Kalamazoo advisory boards. No permits may be issued prior to completion of the special use permit and site plan process, including any appeals.

3. Collocation on Existing Towers.

a) Collocation of an additional antenna on an existing transmission tower will be considered a permitted use in any M-1, M-2, CCBD, CC, CO, CBTR, CN-1, CN-2, CMU, P or IC district, or if the transmission tower is in any other zoning district, and the City specifically approved, as part of a special use permit process authorizing the transmission tower, collocation of additional antennas.

b) Collocation of an additional antenna on an existing transmission tower requires a special use permit in any RS, RD, RM, RMU, RMHP or CNO district if approval for collocation was not granted through a prior special use permit process.

4. Collocation on Other Structures.

a) In addition to collocation on an existing transmission tower, an antenna may be collocated on existing buildings, light poles, utility poles, and water towers.

b) Such collocation on a building, light pole, utility pole, or water tower, will be considered a permitted use provided that the antennas and ancillary facilities comply with all applicable building codes, the color of the antennas blends in with the existing structure and surroundings, the antennas do not exceed the height limitation of the zoning district, and the property is located in any M-1, M-2, CCBD, CC, CO, CBTR, CN-1, CN-2, CNU, P or IC district.

c) Such collocation on a building, light pole, utility pole, or water tower requires a special use permit in any RS, RD, RM, RMU, RMHP, or CNO district. Said antenna(s) may not exceed the building height allowed in the district, or 18 feet above the structure, whichever is less. Said antenna(s) may project no more than two feet away from the existing structure, and the color of the antenna(s) must blend in with the existing structure and surroundings.

5. Construction of New Transmission Towers. Construction of a transmission tower or a modification of an existing transmission tower to increase its height will be allowed as follows:

a) Such construction or modification is considered a permitted use in M-1 and M-2.

b) Such construction requires a special use permit in any CCBD, CC, CO, CN-1, CN-2, CMU, P or IC district. Such construction also requires a special use permit in any RS, RD, RM, RMHP, CNO or IC district, but only in the following locations:

1) Religious assembly, but only when designed as a steeple, bell tower, or similar accessory structure compatible with the principal use on the property.

2) Parks.

3) Government, public utility, or public school sites.

c) Such construction shall be prohibited in the CBTR district.

d) Any new transmission tower must be built, constructed, or erected with the capability of supporting a minimum of two other telecommunication facilities, comparable in weight, size, and surface area to the applicant's facilities, pursuant to § 4.2W.7.c: Standards for Transmission Towers and Antennas.

6. Application Requirements. Application requirements shall be set forth by the City Planner and may be modified from time to time as necessary. If a special use permit is required, the application requirements shall also include all materials required for a special use permit pursuant to § 8.3D: Special Use Permit.

7. Standards for Transmission Towers and Antennas. Installation, construction or modification of all transmission towers and antennas must comply with the following standards, unless a waiver is obtained pursuant to the provisions of § 4.2W.9: Waiver.

a)No transmission tower may be constructed within one-mile of any existing transmission tower. Tower separation must be measured by following a straight line from the portion of the base of the proposed transmission tower that is closest to the base of any preexisting transmission tower. For purposes of this paragraph, an existing tower includes any transmission tower for which the City has issued a building permit, or for which an application has been filed and not denied. Transmission towers constructed or approved prior to August 1, 1997, may be modified to accommodate additional providers consistent with provisions for collocation in this section.

b) Transmission tower and antenna heights are governed by this section except as provided for below:

1) If located within any M-1 or M-2 district, the height limitation for that zoning district applies.

2) If located within any CC, CO, CN-1, CN-2, CMU, P or IC district, the maximum height of a transmission tower, including antennas, is 100 feet, unless a waiver is granted pursuant to the provisions of § 4.2W.9: Waiver.

3) If located within any RS, RD, RM, RMHP, RMU, CNO or IC district, the maximum height of a transmission tower, including antennas, is 75 feet, unless a waiver is granted pursuant to the provisions of § 4.2W.9: Waiver.

c) New transmission towers must be designed to accommodate collocation of additional providers:

1) New transmission towers of a height of 100 feet or more must be designed to accommodate collocation of a minimum of two additional providers either outright or through future modification to the transmission tower.

2) New transmission towers of a height of at least 60 feet and no more than 100 feet must be designed to accommodate collocation of a minimum of one additional provider either outright or through future modification to the transmission tower.

d) The following setbacks from adjacent property lines and adjacent streets are required unless a waiver is granted pursuant to the provisions of § 4.2W.9: Waiver:

1) If located within any RS, RD, RM, RMHP, RMU, CNO or IC district, the transmission tower must be set back from adjacent property lines a minimum number of feet that is equal to the height of the transmission tower.

2) If the transmission tower is located on a parcel in any nonresidential zoning district that abuts residentially zoned property, the transmission tower must be set back from the adjacent residentially zoned property line a minimum number of feet that is equal to the height of the transmission tower.

3) In any RS, RD, RM, RMHP, RMU, CNO or IC district, transmission towers must be set back from adjacent public streets a minimum number of feet that is equal to the height of the transmission tower. In all other zoning districts, the setback from adjacent public streets must be a minimum of 25 feet.

e)In all zoning districts, existing vegetation must be preserved to the maximum extent possible. In all zoning districts, landscaping must be placed completely around the transmission tower and ancillary facilities located at ground level except as required to access the facility. Such landscaping must consist of evergreen vegetation with a minimum planted height of six feet placed densely so as to form a screen. Landscaping must be compatible with other nearby landscaping and must be kept healthy and well maintained. Landscaping must be installed on the outside of any fencing.

f) In any CN-1, CN-2, RS, RD, RM, RMHP, RMU, or CNO district and in all other zoning districts when the adjacent property is zoned residentially or occupied by a dwelling, hospital, school, library, or nursing home, noise generating equipment must be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 45 dBa. In all other locations, noise must be regulated by applicable City ordinances.

g) Transmission towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential uses located within a distance that is 300% of the height of the transmission tower from the transmission tower, and when required by federal law, dual mode lighting must be requested from the FAA.

h) The transmission tower and attached antennas must be unpainted galvanized steel or painted neutral colors or such shades as are appropriate and compatible with the surrounding environment, as approved by the City.

i) No signs, striping, graphics or other attention getting devices are permitted on the transmission tower or ancillary facilities except for warning and safety signage with a surface area of no more than three square feet. Such signage must be affixed to a fence or ancillary facility and the number of signs is limited to no more than two.

8. Standards for Ancillary Facilities to a Transmission Tower. All ancillary facilities must comply with the standards of Subsections (e) and (f) of § 4.2W.7: Standards for Transmission Towers and Antennas. In addition, all ancillary facilities within any RS, RD, RM, CNO or IC district must be located underground to the maximum extent technology allows, unless a waiver is obtained pursuant to the provisions of § 4.2W.9: Waiver. This underground restriction does not apply within other zoning districts.

9. Waiver.

a) Any waiver to the requirements of this section may be granted only pursuant to the following provisions. The criteria for granting a waiver are as set forth in this section only, and may not include the criteria in § 8.3D: Special Use Permit.

b) The City may grant a waiver from the provisions of § 4.2W.7: Standards for Transmission Towers and Antennas, provided the applicant demonstrates that:

1) It is technologically impossible to locate the proposed transmission tower on available sites more than one-mile from a preexisting transmission tower and still provide the approximate coverage the transmission tower is intended to provide;

2) The preexisting transmission tower that is within one mile of the proposed transmission tower cannot be modified to accommodate another provider; and

3) There are no available buildings, light or utility poles, or water towers on which antennas may be located and still provide the approximate coverage the transmission tower is intended to provide.

4) The City may grant a waiver to the setback and undergrounding requirements of Subsection (d) of § 4.2W.7: Standards for Transmission Towers and Antennas or § 4.2.W8: Standards for Ancillary Facilities to a Transmission Tower, upon finding that stealth design, proposed landscaping, configuration of the site, or the presence of mature trees obviates the need for compliance.

5) The City may grant a waiver to the one-hundred-foot height limitation in any CC, CO, CN-2, CN-1, or CMU district, or to the seventy-five-foot height limitation in any RS, RD, RM, RMU, CNO, or IC district if the applicant shows, through written documentation provided by an engineer, that the proposed height is the minimum height needed to meet service needs and to accommodate future collocations per Subsection (c) of § 4.2W.7: Standards for Transmission Towers and Antennas.

6) If the proposed transmission tower, ancillary facility or other telecommunication facilities require a special use permit, the request for waiver must be considered as part of the special use permit process. If the proposed transmission tower, ancillary facility or other telecommunication facilities are a permitted use, the request for a waiver must be decided by the City Planner and must be based on the criteria in this section.

10. Removal of Facilities.

a)All transmission towers, antennas, transmission tower substructures and ancillary facilities must be removed within six months of the time that the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices. The owner and operator of the tower, antenna, substructure or facility and the real property owner upon which the tower, antenna, substructure or facility is located are responsible for removing such facilities. The site must be restored with appropriate landscaping to its pre-transmission tower appearance. The City Planner may grant one six-month extension where a written request has been filed, within the initial six month period, to reuse the transmission tower or antennas.

b) The City may require the posting of an open-ended bond or accept some other performance guarantee suitable to the City before building permit issuance to insure removal of the transmission tower, substructure or antennas after the facility no longer is being used.

11. Fees. Notwithstanding any other provision of this code, the City Planner may require, as part of application fees for building or special use permits for telecommunication facilities, an amount sufficient to recover all of the City's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunications expertise. This amount of this fee shall be set by City Commission resolution.

Temporary Sales and Service (Outdoor)

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
J. Temporary Sales and Service (Outdoor).

1. Outdoor temporary sales or service uses are permitted only in the C districts, the M districts, the P district, the IC districts, or on a property containing a permitted primary nonresidential use in an R zone district.
2. No outdoor temporary sales or service use may operate on a commercial parking lot (i.e., a parking lot on a property on which there is no other permitted primary use).
3. Except in the CC and CCBD districts, each temporary outdoor sales or service use shall be accessory to a permitted primary use on the property. Sales of merchandise or provision of services unrelated to such permitted primary use is not permitted, except as follows.

a) Any permitted primary use may permit a grill or outdoor food stand to operate on the property.
b) Any permitted primary use may permit an outdoor temporary sales or service use operated by, or in support of, or as a fund-raiser for, a nonprofit institution.

4. No outdoor temporary sales or service use shall be located in the public right-of-way or on public property unless an encroachment permit has been obtained from the City.
5. Outdoor temporary sales or service uses may only operate after obtaining a temporary use permit pursuant to § 8.3J: Temporary Use Permit.
6. Each operator of a temporary sales or service use shall obtain a license or permit from the City Clerk, as applicable.
7. No property shall have outdoor temporary sales or services uses operating on the property for more than 30 days in any calendar year.
8. The property on which an outdoor temporary sales or service use operates shall be kept clean and sanitary condition at all times, and all litter and trash shall be removed at the end of each day.
9. If the outdoor temporary sales or service use involves a vending cart or a motorized vehicle, such cart or vehicle shall be stored in a permanent structure whenever the use is not in operation.
10. The location of the outdoor temporary sales or service activity shall allow customers to drive into an existing off-street parking area. No temporary outdoor sales may interrupt the flow of traffic on public streets or access ways into a shopping area.
11. No outdoor sales or service use may operate from a tent without prior approval from the Kalamazoo Public Safety Department.
12. The area occupied by the outdoor temporary sales and service activity, plus any required area for emergency vehicle access, shall occupy no more than 20% of any required off-street parking spaces or area. In no event shall any such area occupied by the outdoor temporary sales or service use be greater than 7,500 square feet. In all cases, the applicant shall demonstrate that there will be adequate parking for the existing structures as well as the temporary outdoor sales.
13. All trucks, carts, motorized vehicles, or tents and associated parking shall be located on asphaltic, concrete, or equivalent surface unless the applicant demonstrates no adverse effect on drainage, access, or the intent of this Ordinance, as determined by the City Planner.
14. In the R districts, outdoor temporary sales and service uses shall not operate after 8:00 p.m. or before 8:00 a.m.
15. Any applicant who possesses a valid permit in accordance with the requirements of this § 4.3J, and while currently engaged in temporary sales operations, may display one portable sign not to exceed eight square feet in area on one surface and not to exceed six feet in height at the location. Such sign shall be placed behind the applicable building setbacks or a minimum of four feet from the property line, which ever is greater. An approved temporary use permit for temporary outdoor sales activity shall also serve as a sign permit for the sign permitted by this subsection.

Transitional residence

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.

A residential facility that provides temporary accommodations and on-site management, including twenty-four-hour care, for its residents. Transitional residences can accommodate both individuals and families and can serve a variety of populations, such as the homeless, domestic violence victims, or those recovering from addictions. Residency often requires attendance at classes, trainings, or counseling sessions which may occur on-site. Residents typically do not keep personal vehicles on site.

Districts Where Allowed Districts where use is allowed: CC2, CCBD, CN-2, CO, LW1, LW2 Districts where use may be allowed with Special Use Permit: RM15, RM15C, RM24, RM36 Districts where use may be allowed with Development Standards: CC, D3

Vehicle Parking:
Maximum 1 parking space per employee on largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

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

[1] Transitional residences in the CC District are only permitted in conjunction with commercial uses, creating a mix of uses on the site.
[2] Transitional residence units are not permitted in the ground floor occupied space that directly fronts the front property line.

In the CN-2, CC and CCBD districts, transitional residences must be located at least 1,500 feet from any other transitional residence, adult foster-care group home, and any other adult foster-care facility with seven or more residents. Any facility required to be licensed by the State of Michigan shall have a valid license at all times, and it shall be a violation of this Code to operate at any time without a valid license.

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

Districts Where Allowed Districts where use is allowed: M1, M2, P Districts where use may be allowed with Special Use Permit: CBTR, CCBD, CMU, CN1, CN-2, CNO, CO, IC, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Vehicle Parking:
Police and fire station/utilities and public services: Maximum 1 parking space per employee on largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Vehicle services

A category of uses that involve the servicing of vehicles and/or the sale of fuel. General retail is often associated with vehicle service uses. This category includes vehicle service shops, car wash, and gas stations.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CC2 Districts where use may be allowed with Development Standards: CC, D2, D3, LW1, LW2

Vehicle Parking:
Vehicle service: Maximum 1 parking space per 200 square feet floor area; in addition, vehicle repair: Maximum 2 parking spaces per repair bay or area.
Vehicle service: car wash: Maximum 1 parking space per employee on largest shift.
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:
In the districts where vehicle service is permitted with development standards (PD), the following standards apply:

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

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

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

(d) Vehicle bays. Bays may not face a primary street.

(e) Outdoor activities. Outdoor activities are permitted as follows:

[1] Outdoor vacuuming areas are permitted in the side and rear yards only.
[2] Outdoor vacuuming is not permitted in the following locations:

[a] Lots adjacent to an open space, park, or preserve.
[b] Lots adjacent to a residential zoning district.

[3] Washing areas are not permitted outside.
[4] Repair or service activities or equipment are not permitted outside.
[5] Outdoor storage of vehicles awaiting service is not permitted. Vehicles awaiting pickup are permitted on-site for up to three days and shall be located in the rear or side yard.

(f) Gas stations.

[1] Gas stations require a special use permit.
[2] Gas stations not permitted in Live Work 2.
[3] Sale of packaged liquor at gas stations is permitted but must adhere to the development standards required for the packaged liquor use. Refer to § § 50-4.4C(10).

(g) Car wash.

[1] A car wash requires a special use permit.
[2] Car washes are not permitted in Live Work 2.

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

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.

Districts Where Allowed Districts where use is allowed: CCBD, CMU, CN-2, M1, M2 Districts where use may be allowed with Special Use Permit: RMU

Vehicle Parking:
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

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.

Warehouse and distribution

Warehouse and distribution: an industrial use involving significant commercial vehicle access and large-scale storage, both indoors and outside.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CC, LW2

Vehicle Parking:
Maximum 1 parking space per 1 employee on largest shift (includes shift, office, and maintenance staff).
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Development Requirements:

In the districts where warehouse and distribution is permitted with special use permit (S), the following standards apply:

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

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

[1] Must be located in the rear yard.

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

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

(c) Vehicle entrance bays. Entrance bays are not permitted on facades facing primary streets.

Wholesale, Storage, and Distribution, Heavy

Wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants.

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.

Wholesale, Storage, and Distribution, Light (Enclosed Only)

Wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants.

LIGHT — Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.

Districts Where Allowed Districts where use is allowed: M1, M2 Districts where use may be allowed with Special Use Permit: CMU

Vehicle Parking:
Maximum 1 parking space per 1 employee on largest shift (includes shift, office, and maintenance staff).
See Article 7: Parking and Loading Regulations for complete information on Parking Requirements.

Bicycle Parking:
See § 50-7.3: Required bicycle parking for complete information on Bicycle Parking.

Passenger Loading:
See § 50-5.2D for information on loading and site access.

Merchandise Loading:
See § 50-7.4: Off-street loading requirements for complete information on loading requirements.

Wind Energy Units, Building-mounted

Districts Where Allowed Districts where use is allowed: CBTR, CCBD, CMU, CN1, CN-2, CNO, CO, IC, M1, M2, P, RD19, RD-8, RM15, RM15C, RM24, RM36, RMHP, RMU, RS4, RS5, RS7

Development Requirements:
§ 4.2Z2

Z. Wind Energy Units.

1. General.

a) Building-mounted wind energy units shall be permitted in all zoning districts. Approval of a site plan is required for such units, except in the RS and RD zones.

b) Small, freestanding wind energy units that are not the primary use on a parcel shall be permitted in all zoning districts except the CCBD zone. Approval of a site plan is required for such units, except in the RS and RD zones.

c) Large and multiple freestanding wind energy units that are not the primary use on a parcel shall be permitted in all zoning districts except the RS, RD, and CCBD zones. Approval of a site plan is required for such units.

d) Freestanding wind energy units that are the primary use on a parcel shall be permitted in all zoning districts except the RS, RD, and CCBD zones, but a special use permit is required from the Planning Commission. Approval of a site plan is also required for such units.

e) In all zoning districts, freestanding wind energy units shall be set back from all property lines a distance equal to at least the height of the unit as measured from the ground level to the top of the monopole or rotor blade in the vertical position, whichever is higher.

2. Height and Location of Equipment.

a) Building-mounted wind energy units shall not exceed 10 feet in height above the highest portion of the roofline for buildings in the RS and RD zoning districts, and shall not exceed 20 feet in height above the highest portion of the roofline for buildings in all other zoning districts.

b) A maximum of one, building-mounted wind energy unit is allowed for every 900 square feet of the footprint for each building on a parcel.

c) Building-mounted wind energy units shall be placed on top of the building roof or attached to the side or rear of the building. Such units shall not be mounted on any building wall that faces a public street. No portion of the structure or blades of a wind energy unit shall project over the property lines of the parcel.

d) Small, freestanding wind energy units shall not exceed 60 feet in height as measured from the ground level to the top of the monopole or rotor blade in the vertical position, whichever is higher.

e) Large, freestanding wind energy units shall not exceed 200 feet in height as measured from the ground level to the top of the monopole or rotor blade in the vertical position, whichever is higher.

f) A maximum of one, freestanding wind energy unit is allowed for each parcel containing one acre or less, and a maximum of one, freestanding wind energy unit is allowed for each acre for parcels containing more than one acre.

g) Freestanding wind energy units on a parcel must be separated from each other by a distance equal to at least three times the maximum diameter of the blade rotation space of the unit or 100 feet, whichever is greater.

h) The minimum distance between the ground level and the tip of the rotor blade in the downward vertical position for freestanding wind energy units shall be 20 feet.

i) Freestanding wind energy units shall only be allowed in side and rear yards, and not within building setbacks. They shall not be allowed in front yards or front setbacks.

3. Design and Operation.

a) Freestanding wind energy units shall be monopole or tubular design only. They shall have nonreflective surfaces. Lattice-type units or units with guy wires are not permitted.

b) Building-mounted and freestanding wind energy units shall not contain lettering, advertisements, or commercial graphics. Information regarding the manufacturer and/or emergency contacts may be placed on the unit within a maximum one-square-foot area. Exterior lighting shall not be allowed except as required by the FAA.

c) Braking/feathering systems are required for all wind energy units to prevent high and potentially dangerous levels of rotation.

d) Electrical wiring between freestanding wind energy units and electrical storage or transfer equipment shall be placed underground when feasible.

e) Operation of all wind energy units shall comply with the City's noise and nuisance ordinance standards. All wind energy units shall be installed and shall operate such that no flicker effects occur on adjacent building windows or doors, roads, or public/private occupied areas. The City Planner may require a flicker effect study be completed for a proposed wind energy unit if deemed necessary.

f) A visual analysis shall be provided for all wind energy units that require site plan review. Such analyses shall show depictions of the proposed unit from four different vantage points, and shall be included as part of the site plan review process.

g) For all wind energy units, a written statement shall be submitted to the City indicating that the unit will not interfere with the local police/fire communications, or television/radio/cellular phone signaling.

4. Decommission Plan. A decommission plan is required for all freestanding wind energy units detailing the equipment removal process when the unit is no longer used. The equipment shall be removed within six (6) months of cessation of operation, unless an extension is granted by the City Planner. Such plans are required at the time of site plan review or building permit submittal.

5. Fees for review. The standard permit and review fees shall be applied to wind energy unit projects as applicable.

Wind Energy Units, Freestanding (primary use)

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CBTR, CMU, CN1, CN-2, CNO, CO, IC, M1, M2, P, RM15, RM15C, RM24, RM36, RMHP, RMU