City of Kalamazoo - General Requirements

Building Height

50-5.3 Height.
A. Height. Building height is measured as follows. Refer to Figure 5.3-1, below, Measuring Height.

Figure 5.3-1 Measuring Height

(1) Minimum and maximum height: the minimum and maximum overall height of a structure.

(a) Measurement. Building height is measured in stories.

[1] A minimum and/or maximum height may be given.
[2] This measurement does not include rooftop mechanicals.
[3] A ground floor with a floor-to-floor height of 20 feet or more will be counted as two stories for overall height of a structure.
[4] Development in the districts regulated by Table 5.1-2, Dimension Standards by District. The maximum upper floor floor-to-floor measurement is 12 feet.

(b) Half stories. Half stories can be found either completely within the roof structure with street-facing windows or in a visible basement exposed up to 1/2 story above grade.

(2) Floor height. Each lot type permits a range of height expressed in feet for each story.

(a) Floor to floor. The height of a story is measured between the floors; top of floor to top of floor. If the building is one story, use the floor of the story to the tallest point of the ceiling.

(b) Application. Floor height requirements apply only to principal buildings on street-facing facades.

A-5.3E Height.

1. Measurement. Building height is measured as the vertical distance from grade at the base of the structure to:

a) The highest point of the coping of a flat roof,
b) The deck line of a mansard roof, or
c) The mean height between the eaves and ridge on gable, hip or gambrel roofs.

2. Exceptions.

a) Except as specifically provided in this Ordinance, the height limits of this Ordinance do not apply to any roof structures for housing elevators, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain a building, provided that such structures do not cover more than 33% of the roof area or extend over 10 feet in height above the maximum height allowed by the underlying district.

b) Except as specifically provided in this Ordinance, the height limitations of this Ordinance do not apply to noncommercial/receive-only radio antennas, television antennas, religious assembly spires or steeples, municipal water towers, or similar structures, which may be erected above the height limit, nor to fire or parapet walls provided that such walls may not extend more than five feet above the roof.

c) Flag poles, or similar structures, are not subject to height limitations but must be set back one additional foot from the setback line for every one foot in height that the flag pole exceeds the height limit of the underlying zoning district.

Figure 5-2: Building Height Measurement

(Composite of Several Roof Forms)

Design Standards (Neighborhood Commercial)

A. Neighborhood Commercial. The following standards shall apply to all nonresidential development in all Residential zone districts and in the CNO, CN-1, CN-2 and CMU zone districts, where the proposed development or redevelopment has less than 50,000 square feet of gross floor area. They are intended to ensure that development in each coveted zone district occurs in a manner that is compatible with adjacent residential neighborhoods and that encourages pedestrian access. Alternative design solutions may be approved during the site plan review process (See § A-8.3H: Site Plan) if it is demonstrated that the alternative design solution meets the intent of § A-6.1B or if it is determined that application of these standards to a development approved before October 18, 2005 is not feasible.

Figure 6-8: Neighborhood Commercial

1. Quality of Materials. See § A-6.1A.1 for details.

2.Building Orientation. To the maximum extent practicable, and except as otherwise expressly required or unless necessary to avoid site access through an alley adjacent to a residential zoning district, the front or side facade shall face the public street abutting the front property line and at least 50% of the horizontal length of the first floor of the front facade shall be set back not more than 60 feet from said street. To the maximum extent practicable, the main entrance shall face the public street abutting the front property line or face a connecting walkway with a direct pedestrian connection to the public street abutting the front property line.

3. Outdoor Storage and Display. Outdoor storage and display is prohibited for all nonresidential development in all Residential zone districts, and in the CNO and CO zone districts. Outdoor display of products for sale or rent shall be allowed in the CMU, CN-1, CN-2, and CCBD zone districts, provided that such display is accessory to an indoor primary use on the property, is not located in the public right-of-way, does not block sidewalks, parking areas, or driveways, and is maintained in a neat and orderly manner. Outdoor storage of supplies, materials, and equipment not for sale or rent, with the exception of vehicles associated with the allowed use on the site, shall not be permitted in the CMU, CN-1, CN-2, and CCBD zone districts.

4. Location of Off-Street Parking and Other Vehicular Use Areas. See § A-6.1A.4 for details.

5. Service Areas. In commercial developments containing less than 20,000 square feet of gross floor area, service functions (shipping/receiving, trash removal, etc.) shall be integrated into the circulation pattern in a manner that minimizes conflicts with vehicles and pedestrians. In commercial developments containing 20,000 square feet or more of gross floor area, service and loading areas shall be separated from main circulation and parking areas and away from public streets.

6. Additional Requirements for the CNO District. Door styles must be similar to those found on residential buildings on the block, and new construction (including building additions and rehabilitations) must be designed to have the appearance of other residential buildings along the street.

7. Additional Requirements for CN-1 District. Exterior building materials along street facing facades (exterior walls that face streets or sidewalks), not including windows and entries, must consist primarily of masonry, not including concrete block or concrete masonry units. Vinyl and aluminum siding are prohibited.

8. Additional Standards for CN-2 and CMU Districts.

a) Modular masonry materials, such as brick and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete, are required as paving materials for all pedestrian areas in order to visually define and improve the appearance of pedestrian areas.

b) Wherever possible, pedestrian access to adjacent residential areas rights-of-way must be provided through the provision of sidewalks in addition to those located on adjacent public streets.

c) Each commercial tenant space must be accessible from other tenant spaces by sidewalks or other approved pedestrian routes. Pedestrian routes must be continuous, with a minimum horizontal clear space of four feet in all cases. Pedestrian routes must be designed to offer protection to pedestrians and be visually distinguishable from other hardscape elements on the site. Pedestrian routes must be separated from parking and vehicular use areas by curbs, landscaping or other physical barriers. When pedestrian paths cross drive aisles and vehicle travel lanes they must be clearly identified with materials such as textured or brick paving, and must be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents.

d) Parking lot layout and design must promote safe and convenient pedestrian and vehicular circulation.

e) Areas that are not used for vehicular and pedestrian access or parking must be landscaped in accordance with applicable landscape standards.

f) Buildings in the district must relate to one another, both functionally and visually, and encourage pedestrian activity.

g) Exterior building materials along street-facing facades (exterior walls that face streets or sidewalks), not including windows and entries, must consist primarily of masonry, not including concrete block or concrete masonry units. Vinyl and aluminum siding are prohibited.

h) Buildings must avoid uninterrupted wall planes. Building wall offsets, window patterns or other changes in elevation design must be used to give buildings the appearance of small individual store fronts that are no more than 25 feet in width. Similarly, roofline offsets must be used to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

9. Additional Standards for CN-1, CN-2 and CMU Districts.

a) One-story buildings must have a minimum height of 18 feet and a maximum height of 22 feet unless there are clerestory windows facing the street that give the appearance of second floor space.

b) At least 60% of all street-facing facades, measured from grade to a height of 10 feet above finished grade, must be comprised of windows that allow views into business or commercial use areas. The bottom of windows used to satisfy this requirement must be no more than three feet above the adjacent finished grade.

c) Bicycle parking facilities must be located in convenient areas of the development and must be located so as not to impede pedestrian or vehicular traffic.

d) Air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications-receiving devices must be screened from view from the public right-of-way and from residential areas, by using walls, fencing, roof elements, penthouse-type screening devices or landscaping.

Development Standards
Development and redevelopment in zoning districts shall follow the standards in this section.

(1) Standards defined. The standards that regulate development are generally defined in §§ 50-5.2 through 50-5.5, which include building siting, height, use, and street facing facades.

(2) Districts with lot type standards (Refer to Table 5.1-1, Permitted Lot Types by District.) follow the standards for the selected lot type, as outlined beginning with § 50-5.6, Lot Type Standards.

(3) Districts with dimension standards follow the standards listed in Table 5.1-2, Dimension Standards by District.

Downtown Design Standards

Downtown Design Standards and Guidelines.

(1) The Downtown Design Standards and Guidelines (Standards & Guidelines) are adopted and incorporated into this ordinance by reference. All development in the geographic boundary area defined in Subsection A(2) below shall follow those design and development regulations set forth in the Standards & Guidelines.

(2) The Standards & Guidelines apply to all buildings, structures, properties and uses in the same geographic boundary area to which the City of Kalamazoo Downtown Development Authority applies (Such area is identified as DDA District and is further depicted in the City of Kalamazoo Zoning Code, under § A-2.3G), and also apply to all buildings, structures, properties and uses in the Southtown Design Review District, except structures solely used as single-family residential structures, duplex homes, and multifamily residential structures. The Southtown Design Review District is defined as all parcels bordered by E. Walnut Street to the north, Portage Street to the east, Stockbridge Avenue to the south, and S. Burdick Street to the west. The Standards & Guidelines apply to those buildings, structures, properties and uses on both sides of the streets that represent the boundaries of the DDA District and the boundaries of the Southtown Design Review District.

(3) Before any building, structure or property located in the DDA District or the Southtown Design Review District is constructed, developed, renovated or rehabilitated, the property owner, or the builder, contractor, developer or person or entity performing the work, shall submit to the City Planner, including the City Planner's duly designated representative(s), the proposal for the project. An Administrative Review Committee (ARC), consisting of staff designated from both the City of Kalamazoo and Downtown Development Authority, is established. After the project proposal is submitted to the City Planner, the ARC shall review such project and assign it as either a Tier I or Tier II project, as set forth in the Standards & Guidelines. A Downtown Design Review Committee (DDRC), as established under § 11.5: Downtown Design Review Committee (DDRC) of the Zoning Ordinance, shall review projects assigned to Tier II. Once a tier level has been assigned to a project, the review shall follow the steps as outlined in the Standards & Guidelines. For those projects assigned to Tier II that require site plan review, the final review of the project by the Site Plan Review Committee shall follow the process outlined in § 11.4: Site Plan Review Committee (SPRC) of the Zoning Ordinance that is consistent with the Standards & Guidelines.

(4) By resolution, the City Commission may amend the Standards & Guidelines, including the makeup of the ARC and DDRC Review Committees. Before the City Commission adopts any proposed amendments to the Standards & Guidelines, the City of Kalamazoo Planning Commission shall first review them and report its comments and recommendations to the Commission.

(5) Copies of the Standards & Guidelines shall be made available or accessible to the public at the City Clerk's office, at the Department of Community Planning and Development, or through the City of Kalamazoo website.

Driveways
Driveway access design.

A. Driveways. Driveways will be designed as follows:

(1) Driveway width. Driveway width is measured at the front property line and shall adhere to the following:

(a) Single-lane driveways. Single-lane driveways shall be between eight feet and 12 feet.
(b) Double-lane driveway. Double-lane driveways shall be between 20 feet and 24 feet, unless the driveway serves the off-street loading area where a larger driveway may be required based on site plan review.

(2) Double-track driveways. Double-track, wheel strip, or ribbon driveways are permitted as follows:

(a) The first two feet of the entire driveway width, measured from the property line, must paved or covered with a permitted material.
(b) The wheel strip shall be at least 18 inches in width.
(c) The area between the wheel strips must be landscaped with living ground cover.

(3) Materials. Driveways may be designed with impervious or semipervious materials, such as concrete, asphalt, macadam, brick, and stone.

(a) Gravel and crushed stone are permitted for residential driveways accessing parking areas up to 10 spaces. Additional application of these types of material may be permitted with approval of the City Planner.

(4) Maximum coverage of front yard. Driveways cannot account for more than 30% of the front yard of a lot.

Enclosure of Uses

All permitted uses and activities shall be conducted wholly within an enclosed building, except the following uses may be
permitted outside of enclosed buildings unless specifically prohibited in other sections of this ordinance:

1. Off-street parking and loading;
2. Drive-in/drive-thru service windows for commercial activities, where specifically permitted by this Ordinance;
3. Outdoor sales or display areas, unless specifically prohibited by this Ordinance;
4. Outdoor storage areas, unless specifically prohibited by this Ordinance, and provided they comply with the provisions of § 6.3: Screening and Fences;
5. Outdoor seating areas for eating and drinking establishments that are located on private property and do not interfere with required offstreet parking, loading, or vehicle or pedestrian circulation routes; and
6. Other limited accessory outdoor activities specifically permitted by this Ordinance.

Entrance (Street-Facing Facades)

The following standards relate to entrance locations and treatments.

(1) Location: location of the primary, functioning, public entrance of the principal building, noted by facade.

(2) Entrance treatment: the entrance treatments required on street-facing facades. Entrance treatment standards apply to the entire ground story of all front facades, and corner side facades when facing a primary street.

(a) Storefront. Storefronts are a highly transparent ground story treatment typically used as display areas for retail and other commercial uses. Refer to Figure 5.5-2, Storefront Entrance Type.

[1] Transparency. Minimum transparency is 70%, measured between two and eight feet above the grade of the sidewalk. Refer to Figure 5.5-1, Measuring Transparency: Ground Floor, Upper Floor, and Full Facade.
[2] Elevation. Storefronts shall be located no more than one foot above the sidewalk.
[3] Recess. Entrances may be recessed up to eight feet.
[4] Building entrance. The primary building entrance shall be located off the storefront.
[5] Interior access. Additional entrances to access uses in the upper stories or rear of the ground floor are permitted without having to adhere to the above requirements.

(b) Stoop. Refer to Figure 5.5-3, Stoop.

[1] Transparency. Minimum transparency is 50%, measured between two and eight feet above the grade of the sidewalk. Refer to Figure 5.5-1, Measuring Transparency: Ground Floor, Upper Floor, and Full Facade.
[2] Elevation. Stoops shall be not be elevated more than three feet six inches above the sidewalk, except with a visible basement.
[3] Stoop size. Stoops shall be a minimum of three feet deep and six feet wide.
[4] Recess. Entrances may be recessed up to five feet.
[5] Building entrance. Entrances shall be located off the stoop.
[6] Interior access. Additional entrances to access uses in the upper stories or rear of the ground floor are permitted without having to adhere to the above requirements.

(c) Arcade. An arcade is a covered pedestrian walkway within the recess of a ground story. Refer to Figure 5.5-4, Arcade.

[1] Interior treatment. Arcades must be used in conjunction with storefront or stoop treatment.
[2] Arcade width. An open air public walkway must be a minimum of six feet.
[3] Column spacing. Columns shall be spaced between 10 and 12 feet on center.
[4] Arcade opening. The opening shall not be flush with the interior arcade ceiling and may be arched or straight.

(d) Porch entrance type. A porch is a raised, roofed platform. Porches can be fully enclosed. Refer to Figure 5.5-5, Porch Entrance Type.

[1] Transparency. Per lot type or district, unless the porch is fully enclosed, in which case a minimum of 40% is applied. Refer to Figure 5.5-1, Measuring Transparency.
[2] Elevation. Porches shall be located a maximum of four feet six inches above the sidewalk or average grade measured at the front facade.
[3] Height. A porch may be up to two stories in height to provide a balcony for the second story.
[4] Building entrance. The primary building entrance shall be located off the porch.
[5] Enclosed porch. Enclosed porches are not permitted to extend more than eight feet from the building façade.

(3) Entrances on street-facing facades: the maximum spacing between entrances on a street-facing building facade.

(4) Entrances on other facades. An entrance is required on side and rear facades when fronting parking areas.

Fire and Explosive Materials

The storage and handling of flammable liquids, liquefied petroleum, gases, and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941, as amended. Explosives where the primary purpose is for combustion as defined in Explosive Act of 1970, as amended, shall be prohibited on site.

Glare

Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.

Hazardous Materials

All applicable federal, state, and local statutes, rules, regulations, and ordinances (including, without limitation, those promulgated and/or enforced by the U.S. Environmental Protection Agency, the Michigan Department of Environmental Quality, the Michigan Department of Natural Resources, the National Institute of Health, or the Food and Drug Administration) shall apply to the treatment, storage, transportation, and disposal of any hazardous materials, hazardous wastes, or solid wastes (as such terms are defined by any of the applicable statutes, rules, regulations, or ordinances referenced).

Incentives to Preserve Existing Trees

The City encourages the preservation of quality and mature trees by providing credits toward the required landscaping. Trees intended to be preserved shall be indicated with a special symbol on the site plan and shall be protected during construction through use of a fence around the drip line (an illustration of which is provided in the Recommended Landscaping Standards in the City of Kalamazoo). To obtain credit, the preserved trees shall be of a high quality and at least 2 1/2 inches DBH. Trees to be preserved shall be counted for credit only if they are located on the developed portion of the site as determined by Site Plan Review Committee or Planning Commission. The credit for preserved trees shall be as shown in Table 6.2-1, below. Any preserved trees for which credit is given, and that are lost to damage or disease within two years such credit is awarded shall be replaced by the landowner with trees otherwise required.

Table 6.2-1: Tree Preservation Credits

Caliper of Preserved Tree (inches)	Numbers of Trees Credited
Over 12 inches	3
8 inches to 11.9 inches	2
2.5 inches to 7.9 inches	1

Landscape and Screening
Intent. See § 50-8.1: Intent for details.
Applicability; nonconforming site characteristics.

A. Applicability. Unless otherwise stated, these requirements apply to all properties in Kalamazoo.

B. Nonconforming landscape and screening. When site landscaping does not meet the standards in this article, the following apply:

(1) Landscaping and screening that do not conform to the standards of this article are considered nonconforming site characteristics; refer to § 50-1.4B for additional information.

(2) When adding landscaping to a site to bring it closer to current ordinance standards, the following priorities are to be considered.

(a) Landscape buffer between a right-of-way and parking lot is the highest priority.
(b) Landscaping between adjacent land uses is the second priority.
(c) Landscaping around buildings and general site landscaping are the third priority.

General provisions.

A. Landscape plan. See § 50-8.3A for details.
B. Plant materials. See § 50-8.3B for detailed information.
C. Planting locations. See § 50-8.3C for detailed information.
E. Protection of trees during construction. See § 50-8.3E for detailed information.
F. Maintenance. All required landscaping and landscaped areas (Refer to § 50-8.4.) shall be maintained in good health and kept free from refuse and debris.

(1) If any required landscaping dies or becomes diseased, it shall be replaced by the property owner.
(2) The City Planner or their designee is authorized to cite property owners if required plantings die or become diseased and are not replaced by the property owner.
(3) Tree stakes, guy wires and tree wrap are to be removed within one year of planting.

Required landscaping.

A. Incorporating existing vegetation and trees. Existing tree and vegetation in good condition and located in a required setback or in areas outside of the development areas should be used as part of any required landscaping required in this section.

B. Tree canopy requirement. All projects requiring site plan review and with the construction of any new single-family and duplex units must install trees on-site as follows.

(1) For a single-family unit and a duplex unit, a minimum of one tree shall be installed.
(2) For all other uses, trees shall be installed as follows:

(a) Up to one acre. A minimum of one tree shall be installed for sites up to one acre in area.
(b) Greater than an acre. One tree per acre or fraction there of beyond the first acre shall be installed.

(3) When a property meets the minimum street tree requirements, this can be applied to meet the tree canopy requirement in the Live Work 1 (LW1), Live Work 2 (LW2), and Neighborhood Node (Nhood Node) Districts.
(4) Downtown (D) Districts are exempt from this requirement.
(5) Trees planted to meet other required landscape and screening requirements may be applied to meet the tree canopy requirement.

C. Parking and loading perimeter landscaping. See § 50-8.4C for detailed information.
D. Interior parking lot landscaping. See § 50-8.4D for details.
E. Side and rear yard landscape screening. See § 50-8.4E for details.

Fences, walls, and screening.

A. General provisions.

(1) Applicability. These standards apply to the installation of fences in all locations, unless otherwise stated.
(2) Fence construction.

(a) Fences shall be installed entirely within a parcel's property lines.
(b) Fences shall be installed with the finished side (i.e., the side with fewer or no visible structural framing or bracing elements) facing outward from the lot on which it is installed.
(c) Unless otherwise noted, fences or walls located in front or corner side yards shall not have an opacity of more than 75%.
(d) Fence height is calculated by measuring a fence panel from the average grade at the base to the top of the tallest part of the panel, Fence posts between panels may be taller.

(3) Prohibited materials. The following materials are not permitted:

(a) Chain-link fencing is not permitted in the front or corner side yards in any district.
(b) Plywood, woven plastic, and metal slat fences are not permitted in any yard, unless otherwise stated.
(c) Fences and walls constructed of debris, junk, or waste materials shall not be installed unless such materials have been recycled and reprocessed to resemble new building materials.
(d) Barbed wire and razor wire on fencing shall comply with § 22-14.

B. Fence and wall standards for residential uses. Fences and walls installed on residentially used properties shall adhere to the following requirements:

(1) In a front yard, the maximum permitted height is four feet.
(2) In a corner side yard, the maximum permitted height is four feet when the fence is located in the build-to zone or within the required setback and within 20 feet from the corner side property line.
(3) In side and rear yards, including when fronting an alley, the maximum permitted height is seven feet.
(4) Fences may be located on top of walls, provided that the overall structure meets the height requirement for its location.
(5) Transparent or nearly transparent mesh or similar plastic woven materials are permitted on top of fences or walls or around gardens or planting areas as seasonal garden, orchard, or yard protection from wildlife.

C. Fence and wall standards for nonresidential uses. Fences and walls installed on nonresidentially used properties shall adhere to the following requirements:

(1) Height. Fence height is as follows:

(a) In front and corner side yards up to six feet is permitted.
(b) In side and rear yards up to eight feet is permitted.

(2) Clear view zone. Fences or walls in the front and corner side yards over four feet in height and with opacity of more than 75% are not permitted in the clear view zones. Refer to Figure 8.3-1, Clear View Zone.

D. Screening of mechanical equipment and waste receptacles. See § 50-8.5D for detailed information.

See Article 8: Landscape and Screening for complete, detailed information.

Large Retail Establishments

A. Large Retail Establishments. Each single-story primary structure containing primarily commercial retail sales space, and containing more than 50,000 square feet of gross floor area shall comply with the following design standards in addition to those set forth in § A-6.1A.

1. Building Facades.

a) Each facade greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

b) Each building facade shall have a repeating pattern that shall include no less than three instances of either (a) color change, (b) texture changes, (c) material module change, or (d) expression of an architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib. At least one of those elements shall repeat horizontally at an interval of no more than 30 feet.

c) Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length.

2. Parapets. Each primary structure with a flat roof shall have parapets or enclosures concealing flat roofs and rooftop equipment from public view, and such parapets and enclosures shall be constructed of materials that match the building in quality and detail. Each such parapet or enclosure shall have an average height of no more than 15% of the height of the supporting wall, a maximum height at any point equal to 33% of the height of the supporting wall.

3. Building Entryways. Each single-story retail building shall have highly visible customer entrances featuring a combination of at least two of the following elements:

Figure 6-9: Large Retail Establishments

a) Roof overhangs, raised cornice parapets, or peaked roof forms;

b) Recessed or projecting wall sections;

c) Arcades or arches;
d) Outdoor patios;
e) Display windows;
f) Architectural details such as tile work and moldings integrated into the building structure; or
g) Integral planters or wing walls that incorporate landscaped areas and/or seating areas.

4. Pedestrian Access and Circulation. See § A-6.1B.4.

5. Site Layout, Auto Access, and Parking. See § A-6.1B.5.

Lighting

General requirements.

A. Intent. All site lighting should be designed and installed to align with the following:

(1) Maintain adequate site lighting.
(2) Provide security for people and property.
(3) Prevent unintentional dispersing of light to adjacent properties and illumination of natural areas.
(4) Align with the community sustainability plan.

B. Applicability. These standards apply to all development or redevelopment, except that involving a residential structure containing upto four residential units.

C. Design standards. Design and installation of lighting shall adhere to the following:

(1) Wall-mounted lights. Wall-mounted lights shall be fully shielded to direct all light downward. Unshielded wall-pack lights are prohibited.
(2) Height.

(a) Light fixtures shall be no more than 20 feet high whether mounted on poles or building walls or by other means.
(b) Illumination of seating areas, building entrances, and walkways shall be accomplished by use of bollard-style fixtures or other low, ground-mounted fixtures not over four feet in height.
(c) Lighting height above 20 feet is permitted for entertainment and sports-outdoor, schools, and college and university uses with a special use permit.

(3) Direction of lighting.

(a) No light source shall be directly visible from any adjacent property located in a residential zone district.
(b) No light sources shall be directed outward toward property boundaries or adjacent rights-of-way.
(c) Upward-directed lighting shall not be used to illuminate building facades, illuminate flags, statues, or any other objects, except for low-voltage architectural lighting.
(d) Architectural, landscape, and decorative lighting used to illuminate flags, statues, or any other objects shall use a narrowly directed light whose light source is not visible from adjacent residential properties or public streets.

(4) Shielding.

(a) Exterior. Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses or hoods.
(b) Interior. No interior light source shall emit light directly onto adjacent residential property.
(c) Canopies. No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling.

(5) Hue. Approved lighting sources shall be color-correct types, such as halogen or metal halide. Lighting types of limited spectral emission, such as low-pressure sodium or mercury vapor lights, are prohibited.

(6) Maximum initial lamp wattage. Maximum initial lamp wattage in parking areas shall not exceed the following:

(a) Residential: 60 watts for five or fewer parking spaces; 100 watts for six or more spaces.
(b) Nonresidential: 250 watts for five or fewer parking spaces; 400 watts for six or more spaces.

(7) Illumination levels.

(a) Parking areas. Pavement level lighting in parking lots shall be at least 0.1 footcandle of light.

[1] Potentially hazardous locations may be individually illuminated with at least 0.3 footcandle of light at the pavement level, if approved through site plan review.

(b) Business hours. Lights for commercial or industrial users within 100 feet of a residential property line shall be reduced to no more than 0.05 footcandle of light after business hours.
(c) Spillover light. Lighting for commercial or industrial users shall not create greater than 0.05 footcandle of spillover light at the border with any single-family zone district.

(8) Uniformity ratios. The ratio of maximum to minimum lighting on a given property, measured at ground level, shall not exceed the following:

(a) 15:1 in a residential zone district.
(b) 10:1 in nonresidential zone districts.

(9) Canopy lighting.

(a) Light fixtures mounted on gasoline and fuel sales and other canopies shall be recessed so that the lens cover is flush with the bottom surface of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to 85° or less from horizontal.
(b) As an alternative to recessed lighting, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. When this method is used, light fixtures must be shielded so that direct light is focused exclusively on the underside of the canopy and is not visible from any residential use adjacent to or across a street or alley from the subject property, or from any public right-of-way.
(c) Lights shall not be mounted on the top or sides (fascias) of the canopy. Signing that is in compliance with sign regulations may be placed on these surfaces.

Lot Area (Building Siting)
Lot area. The following standards relate to lot area:

(1) Side yard setback: the minimum distance a structure can be located from the side property line.
(2) Rear yard setback: the minimum distance a structure can be located from the rear property line.
(3) Minimum lot area for rezoning. Measured in square feet, it is the minimum size a lot can be to be zoned this district.
(4) Maximum lot area for rezoning. Measured in square feet, it is the maximum size a lot can be to be zoned this district.

Lot Coverage (Building Siting)

The maximum percentage of a lot permitted to be covered with nonpervious surfaces and the additional amount of semipervious surface permitted. Refer to Figure 5.2-2, below, Lot Coverage.

Figure 5.2-2 Lot Coverage

Lot Types
A. Applicability. The following shall apply to all new construction and renovation of existing structures in the Zoning District in alignment with the parameters in § 50-1.4, Nonconformances.

B. General standards. The following standards apply in all zoning districts.

(1) Uses. Refer to Table 4.1-1, Use Table, for permitted uses per district.

(2) Right-of-way improvements. Projects must follow the City's Street Design Manual and Chapter 42, Tree Ordinance, when developing adjacent to a public street. To be in compliance may require the following:

(a) Sidewalk. The following is required for new construction and repair projects:

[1] Installation of new sidewalk and street crossings that meet minimum design and width requirements and the American Disability Association (ADA) City requirements is required for all development and redevelopment projects.
[2] Repair of existing sidewalk and street crossings to meet American Disability Association (ADA) City requirements is also required for all projects requiring site plan review.

(b) Street trees. All projects requiring site plan and with the construction of any new single-family or duplex unit must meet the street tree requirements of Chapter 42, including, size, spacing, species, and installation and care practices.

Lots

A. Distance Measurements. Unless otherwise expressly stated, all distances specified in this Ordinance are to be measured as the length of an imaginary straight line joining those points.

B. Lot Area. The area of a lot includes the total horizontal surface area within the lot's boundaries, not including submerged lands, public access easements or rights-of-way. For nonconforming lots, see § 9.4: Nonconforming Lots.

C. Lot Width. Lot width is the distance between side lot lines measured at the point of the required front setback.

Noise

All activities shall be conducted so as to avoid the creation of any noise that would create a public nuisance or a nuisance interfering with the use and enjoyment of adjacent properties. Any amplified sound equipment shall be mounted so as to direct sounds inward from properties, rather than outward towards property boundaries. Amplified sounds shall not be generated or allowed to cross property lines for the purpose of attracting the attentionof the public unless a public temporary use permit has been issued for such use of the property. All activities shall be conducted to comply with Chapter 21: Nuisances of the Kalamazoo Code of Ordinances.

Nonconformances

A. General requirements. This section establishes rules governing uses, structures, lots, and such elements as signs, landscape, and parking that were legally established before the approval of this Zoning Chapter but that do not conform to one or more requirements of this chapter.

(1) Authority to continue. Nonconforming uses, structures, and lots that legally existed on October 16, 2023, or that become nonconforming after an amendment to this chapter may be continued only in accordance with the provisions of this section.

(2) Determination of nonconforming status. The burden of establishing that a nonconformance is a legal nonconformity is the responsibility the owner of the nonconformity.

(3) Repairs and maintenance. Incidental repairs and normal maintenance of nonconformities is permitted unless such repairs increase the extent of the nonconformance or are otherwise specifically prohibited by this chapter. Except as provided in § 50-14C, nothing in this section shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

(4) Change of tenancy or ownership. A nonconformance is not affected by changes of tenancy, ownership or management.

B. Nonconforming uses. Nonconforming uses were legally established but no longer comply with the use regulations of the zone district in which they are located. The following rules apply to nonconforming uses:

(1) Expansion. A nonconforming use may be increased in size within its structure, provided that the structure is not also increased in size and is in compliance with the standards in this section.

(2) Conversion of conforming use. Once a nonconforming use is converted to a conforming use it may not be changed back to a nonconforming use.

(3) Loss of nonconforming status. See § 50-1.4B(3) for details.

C. Nonconforming structures. Nonconforming structures were legally established but no longer comply with the standards of the zone district in which they are located. The following rules apply to nonconforming structures:

(1) Use. A nonconforming structure may be used for any use permitted in the zone district in which it is located. Refer to Article 4, Uses.

(2) Change in structure. A nonconforming structure may be enlarged or changed if the expansion does not increase the amount of nonconformity or incrementally brings the structure closer to conformity.

(3) Loss of nonconforming status. See § 50-1.4C(3) for details.

D. Nonconforming lot. Nonconforming lots were legally established, such as lots of record, but no longer comply with the minimum area or width standards of the zone district in which they are located.

(1) Vacant lots. If a nonconforming lot was vacant at the time it became legally nonconforming, it may be used for any use allowed in the underlying zone district, provided that setback or build-to zone standards can be met.

(2) Developed lots. If a nonconforming lot contained a structure at the time it became nonconforming, then the building or structure may be maintained or expanded in accordance with the standards of § 50-1.4C, Nonconforming structures.

E. Nonconformities created by government action. When the Michigan Department of Transportation, the Kalamazoo County Road Commission, the City of Kalamazoo, or any other governmental entity acquires additional right-of-way for the purpose of street construction, street relocation, street widening, or utilities, and the result creates a structural nonconformity, any existing lot or structure is permitted to be altered, enlarged, or rebuilt in accordance with the standards of § 50-1.4C, Nonconforming structures.

F. Nonconforming site characteristics. Site characteristics which include site elements, such as signs, landscaping, fences, parking, and lighting, may continue in accordance with the following:

(1) Ten-percent exception. A site characteristic is not considered nonconforming if the size of the nonconformance is less than 10% of the requirement in this chapter.

(2) Change in use. The nonconforming site characteristic exception ends if a change of use will result in a 50% or greater change in capacity or intensity, such as an increase in gross floor area, seating, or residential units.

(3) Change in structure. The nonconforming site characteristic exception ends if the associated structure is modified to change the gross floor area by 50% or more.

(4) Exception for multitenant signs. Multitenant signs are exempt from this requirement in that an individual or tenant is permitted to install a new sign or change out signage within an existing multiple-tenant sign, provided that the new signage does not increase the amount of nonconformance.

G. Street-facing facade. When a building located within the build-to zone is renovated, including with no change to the overall square footage of the structure, the regulations of § 50-5.5, Street-facing facades, shall be met when any of the following occur:

(1) Installation of new entrance or change in location of entrance on a street-facing facade.
(2) Change in window location or size on a street-facing facade by 30% or more.
(3) Change or replacement of more than 30% of facade materials on a street-facing facade with a different material.

Nuisances

Nuisance Prohibited.
All structures and land uses within the City shall be constructed, used, operated, and maintained in such a manner so as to be free of nuisances, as defined in Michigan law.

Odor

Odor Emissions.
No operation shall cause or allow the emission of any odorous air contaminant that is a nuisance, hazard or exceeds appropriate federal or state regulations. The measurement of the threshold odor shall be in accordance with the American Society for Testing Materials Method D1391-57 "Standards Method for Measurement of Odor in Atmosphere (Dilution Method)" (Philadelphia American Society of Testing Materials, 1957). Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit.

Operational Performance Standards

All structures, uses, and activities in all zone districts shall be used or occupied so as to avoid creating any dangerous, injurious, noxious or otherwise objectionable condition that would create adverse impacts on the residents, employees, or visitors on the property itself or on neighboring properties.

A. Height of Stored Materials. Except in the M-2 zone district, all objects stored within an allowable outdoor storage area may not exceed the height of any required screen fence.

Particle Emissions

The emission of particulate matter or dusts in an amount sufficient to create a general nuisance to adjoining properties is prohibited. Total emission of particulate matter shall be limited to the following:

1. Requirement for All Zone Districts Except M-2 Zone District. Solid or liquid particles shall not be emitted at any point in concentration exceeding 0.1 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air. Measurement shall be at the point of emission.

2. Requirement for M-2 District. The Ringelmann Smoke Chart published by the United States Bureau of Mines shall be used for measurement. All emission of particulate matter in quantities sufficient to produce an opacity at any point greater than Ringelmann 3 is prohibited. The only exception shall be a plume consisting entirely of condensed steam. A Ringelmann 1 unit is defined as 20% density for one minute. No more than 15 units of Ringelmann smoke shall be permitted per hour and no smoke more intense than Ringelmann 2, except that during one hour of a twenty-four-hour day, 30 units of smoke may be emitted but with no smoke more intense than Ringelmann 3. The total quantity of emitted solids shall not exceed one pound per hour, per acre of lot area. Measurement shall be at the point of emission.

Radiation

Nuclear Radiation.
Research operations shall cause no dangerous radiation at any property line as specified by the regulations of the United States Nuclear Regulatory Commission.

Electromagnetic Radiation.
t shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes that does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. However, in case of governmental communications facilities, governmental agencies, and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation.

Roof Type (Street-Facing Facades)

All roof styles are permitted in the lot types, provided that a defined roof style is utilized; special roof types, tower and spire, are permitted per lot type.

(1) Tower. A tower is a rectilinear or cylindrical, vertical building element. Refer to Figure 5.5-6, Tower.

(a) Height. The maximum tower height is equal to the height of one upper story floor of the building onto which the tower is applied.
(b) Width. The maximum tower width along all facades is 1/3 the width of the building or 30 feet, whichever is less.
(c) Use. Towers may be utilized by the same uses allowed in the upper stories of the front type in which it is located.

(2) Spire. A spire is a long, tapering design element attached to a tower or the roof of a building. Refer to Figure 5.5-7, Spire.

Setbacks

1. Measurements. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks must be unobstructed from the ground to the sky except as otherwise expressly allowed in this section. (See § 5.3D.5: Allowed Encroachments into Required Setbacks).

2. Front Setbacks.

a) Measurement. Front setbacks extend the full width of a lot and are measured from the street right-of-way line.
b) Double-Frontage Lots. Double-frontage lots must provide a front setback on both streets.
c) Corner Lots. On a corner lot, two front setbacks are required; however, the front setback on the side of the building that does not contain the primary entrance may be reduced by 50%.

3. Side Setbacks.

a) Side setbacks extend from the required front setback line to the required rear setback line and are measured from the side lot line. If no street or rear setback is required, the required setback area must extend the full depth of the lot.
b) Side setbacks on through lots must run the full length of the lot between street lot lines.
c) For nonconforming lots see § 9.4, Nonconforming Lots.

4. Rear Setbacks. Rear setbacks extend the full width of the lot and are measured from the rear lot line.

5. Allowed Encroachments into Required Setbacks. The following features may be located within required setbacks to the extent indicated.

a) Sidewalks and landscaping may be located in any required setback.
b) Cornices, canopies, eaves or other architectural features may project into required setbacks up to 2.5 feet.
c) Unenclosed fire escapes may project into required setbacks, provided that they are set back at least three feet from all property lines.
d) Unenclosed balconies and unenclosed porches may project into a front or rear setback by up to 10 feet.
e) An uncovered stair and necessary landings may project into required setbacks, provided they are set back at least three feet from all property lines and that the stair and landing may not extend above the entrance floor of the building except for a railing not exceeding four feet in height.
f) Bay windows, balconies, and chimneys may project into required setbacks up to two feet, provided that such features do not occupy, in the aggregate, more than 1/3 the length of the building wall on which they are located.
g) Accessory structures may project as allowed in § 4.3: Accessory and Temporary Uses and Structures.
h) Fences and walls may encroach into setback area as permitted by § 4.3: Accessory Uses and Structures.

Figure 5-1: Building Setbacks

Sites with Multiple Principal Uses

When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a bookstore, clothing store and sporting goods store, for example, would be classified in the Retail Sales and Service (indoor) category because all of the development’s principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

Smoke Emissions

There shall not be discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit established by such conference or by any state or federal law or regulation. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited.

Stored Materials

Height of Stored Materials.
Except in the M-2 zone district, all objects stored within an allowable outdoor storage area may not exceed the height of any required screen fence.

Street Frontage (Building Siting)

A. Street frontage. Refers to locating the building(s) on a lot in relationship to adjacent streets. Refer to Figure 5.2-1, Building Siting, below.

(1) Multiple principal buildings: the allowance for more than one principal structure on a lot.

(2) Front lot line coverage: the minimum percentage of building facade required along the front property line.

(a) Measurement. The standard is calculated by taking the width of the principal structure, measured in the build-to zone, divided by the total width of the lot's build-to zone.
(b) Multiple buildings. Multiple principal buildings can be located on the lot. The minimum front lot line coverage must be met.

(3) Occupation of the corner. Occupying the corner, the area where the front and corner build-to zones meet, with a principal structure/or building entrance.

(4) Front build-to zone: the build-to zone located parallel to the front property line.

(a) If not occupied by a structure, this area will contain public or private outdoor space or a public sidewalk.
(b) Vehicular parking is not permitted in the front build-to zone unless otherwise noted.

(5) Corner build-to zone: the build-to zone located parallel to the corner side property line.

(a) Building facades must be located in the Corner Build-to Zone for the first 20 feet, measured from a lot's corner(s).
(b) If not occupied by a structure, this area will contain public or private outdoor space or a public sidewalk.
(c) Vehicular parking is not permitted unless otherwise noted.

Figure 5.2-1. Building Siting, Street Frontage, Lot Area and Front Lot Line Coverage

(6) Setback. The minimum distance a structure can be located from the front or corner side property line. It is measured to the building façade (wall) and not to projections, overhangs, porches, stoops, or stairs.

(7) Encroachment. Certain building elements, such as balconies, awnings, or signage may be permitted to encroach into the right-of-way.

(a) Where permitted, an encroachment agreement with the City is required.
(b) Encroachments shall not extend closer than two feet from the back of the curbline.
(c) A minimum height clearance of eight feet must be maintained.

Street-Facing Facades

A. Street-facing facade. The following requirements apply to street-facing building facades.

(1) Transparency. The percentage of a facade that has clear, nonreflective windows that allow visibility into a building of at least four feet. It is expressed as a percentage of windows to total facade area. Refer to Figure 5.5-1, Measuring Transparency: Ground Floor, Upper Floor, and Full Facade.

Figure 5.5-1 Measuring Transparency: Ground Floor, Upper Floor, and Full Facade

(a) Ground floor. Transparency is determined by entrance treatment, unless otherwise noted.
(b) Upper floor. Transparency is noted by lot type.
(c) Full facade. Transparency is measured using the entire front facade rather than only one story of the building.

(2) Blank wall limitations: the maximum area on a facade permitted to be windowless.

B. Entrance. See § 50-5.5B for detailed information.
C. Roof type. See § 50-5.5C for detailed information.

When a building located within the build-to zone is renovated, including with no change to the overall square footage of the structure, the regulations of § 50-5.5: Street-facing facades, shall be met when any of the following occur:

(1) Installation of new entrance or change in location of entrance on a street-facing facade.
(2) Change in window location or size on a street-facing facade by 30% or more.
(3) Change or replacement of more than 30% of facade materials on a street-facing facade with a different material.

Uses

Permitted uses are outlined in Table 4.1-1, Use Table. Refer to the lot type standards (§ 50-5.6) and § 50-4.4, Use definition and standards, for specific standards by use or by lot type. See Figure 5.4-1, Permitted Uses Per Floor, below.

Figure 5.4-1 Permitted Uses Per Floor

A. Ground and upper floor. The permitted uses may vary between ground and upper floors.

B. Occupied space. The restriction of internal parking, residential units, storage areas, and utility areas in the occupied space of a building's ground floor, unless otherwise stated in the lot types. Refer to the definition of "occupied space" in § 50-1.3: Definitions for additional information on occupied space.

(1) Front facades.
(2) Corner-side facades when fronting an Event/Festival, Urban Center and Downtown Main Street street types.
(3) Corner-side facades on other street types for at least the minimum required building placement for the corner facade. [Refer to § 50-5.2A(5)(a).]

Vehicular parking

Vehicular parking location. If located in a district with lot type standards, refer to those standards for parking lot location. In addition, the following apply:

(a) Access. All spaces, unless otherwise noted, shall front an drive aisle, driveway, or right-of-way providing direct access the parking space.
(b) Parking in yards. Motorcycles and vehicles must be parked on driveways, permitted parking areas, or within a structure.
(c) Recreational vehicles. Trailers, motor homes, recreational vehicles, boats, or other similar vehicles may be parked as follows:

[1] Recreational vehicles may be stored on a driveway in the front or corner yard between May 1 and October 15 and in the side and rear yards without restrictions.
[2] Recreational vehicles can be stored in the side or rear yards.
[3] Recreational vehicles must be kept in good repair and carry a current license and registration.
[4] A maximum of two recreational vehicles can be stored out of doors on a lot at a time; there is no limit as it relates to vehicles within fully enclosed structures.

Vibration

Operations shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line. Temporary construction is excluded from this restriction.

Waste Handling

Materials and Waste Handling.
No person shall cause or permit any materials to be handled, transported, or stored in a manner that allows particulate matter to become airborne or liquid matter to drain onto or into the ground. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with the requirements of this Code. Toxic and hazardous materials and chemicals shall be stored, secured and maintained so that there is no contamination of ground, air, or water sources at or adjacent to the site. Provisions shall be provided so that all lubrication and fuel substances shall be prevented from leaking and/or draining onto the property. All treatment, storage, disposal, or transportation of hazardous waste shall be in conformance with all federal and state statutes, codes and regulations. All sewage and industrial wastes shall be treated and disposed of in such a manner as to comply with the water quality standards applicable to the classification assigned to the receiving water by the City, the State of Michigan, and the U.S.E.P.A.

City of Kalamazoo, MI

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