For the purpose of this Ordinance certain terms, words and phrases
shall, whenever used in this Ordinance, have the meaning defined as
follows:
All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; the word "building" includes the word "structure," and "dwelling" includes "residence"; the word "person" includes "corporation," "copartnership," "association," as well as an individual; the word "shall" is mandatory and not directory. In addition, the rules of construction listed in § 1-2 of the Code of Ordinances of Kalamazoo shall apply to the extent not inconsistent with the previous sentence.
A.
Purpose. This section classifies land uses and activities into use
categories on the basis of common functional, product, or physical
characteristics. Characteristics include the type and amount of activity,
the type of customers or residents, how goods or services are sold
or delivered, and certain other site factors. The use categories provide
a systematic basis for assignment of present and future uses to districts.
B.
Classification Considerations.
1.
Uses are assigned to the use category that most closely describes
the nature of the principal use, based on the "characteristics" description
of each use category. Developments may have more than one principal
use, as described below.
2.
The following factors are considered to determine what use category
the use is in, and whether the activities constitute principal uses
or accessory uses:
a)
The description of the activity(ies) in relationship to the
characteristics of each use category.
b)
The relative amount of site or floor space and equipment devoted
to the activity.
c)
Relative amounts of sales from each activity.
d)
The customer type for each activity.
e)
The relative number of employees in each activity.
f)
Hours of operation.
g)
Building and site arrangement.
h)
Vehicles used with the activity.
i)
The relative number of vehicle trips generated by the activity.
j)
Signs.
k)
How the use advertises itself.
l)
Whether the activity would be likely to be found independent
of the other activities on the site.
C.
Developments with Multiple Principal Uses. When all principal uses
of a development fall within one use category, then the development
is assigned to that use category. When the principal uses of a development
fall within different use categories, each principal use is classified
in the applicable category and is subject to the regulations for that
category.
A subordinate building the use of which is clearly incidental
to that of the main building or to use of the land.
A use subordinate to a main permitted use on a lot and used
for purposes clearly incidental to the principal use.
In general, the land or property directly adjoining the property
in question, or land located across an alley, easement, street or
highway from the property in question. When used in connection with
§ 6.1: Off-Street Parking and Loading, adjacent means the
land directly adjoining the building referred to as the principal
use, or land located across an alley, easement, street or highway
from the building incidental to which such space for vehicle storage
or parking is required.
See definition of "group living."
Any of the following:
ADULT ARCADE or MINI MOTION-PICTURE THEATERAny place to which the public is permitted or invited where coin-operated or slug-operated, or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images displayed are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined in this Ordinance).
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STOREA commercial establishment that offers for sale or rental for any form of consideration and that has as a substantial or significant portion of its stock-in-trade, books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations, recordings, other audio matter, and novelties or devices that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. The adult bookstore, adult novelty store, or adult video store may have other principal business purposes that do not involve the offering for sale or rental materials that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as adult bookstore, adult novelty store, adult video store so long as a substantial or significant portion of its business includes the offering for sale or rental for consideration the specified materials that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT BOOTHA small enclosed or partitioned area inside an adult regulated use that is (1) designed or used for the viewing of books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations, recordings, and novelties or devices that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas by one or more persons, and (2) is accessible to any person, regardless of whether a fee is charged for access. "Adult booth" does not include a foyer through which any person can enter or exit the establishment, or a rest room.
ADULT CABARETA nightclub, cafe, restaurant, lounge, bar or similar establishment (which may or may not include the service of food or beverages), where male or female impersonators, dancers, entertainers, waiters, waitresses, or employees regularly provide live performances that are distinguished or characterized by their emphasis on specified anatomical areas or specified sexual activities for the observation or entertainment of patrons, guests, and/or members. Adult cabaret also includes an establishment that permits, provides or features topless dancers and/or bottomless dancers, go-go dancers, strippers, topless or bottomless waiters, waitresses and/or employees.
ADULT MOTELA hotel, motel, or similar commercial establishment that (1) offers accommodations to the public for any form of consideration; and (2) provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; and (3) has a sign visible from the public right-of-way that a) advertises the availability of this adult type of photographic reproductions, or b) offers a sleeping room for rent for a period of time that is less than 10 hours, or c) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videos, slides, or other photographic reproductions are regularly shown in which a substantial portion of the total presentation is devoted to the showing of material that are distinguished or characterized by their emphasis on the depiction, description, or relation to specified sexual activities or specified anatomical areas for observation or entertainment of patrons, guests, and/or members.
ADULT OUTDOOR MOTION-PICTURE THEATERA commercial establishment having an open lot or part of an open lot with appurtenant facilities devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions for any form of consideration to persons in motor vehicles or in outdoor seats, and presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation or entertainment of patrons, guests, and/or members.
ADULT MODEL STUDIOAny place where a person who displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Such an establishment includes, but is not limited to, the following activities and services: modeling studios, body painting studios, wrestling studios, individual theatrical performance or dance performances, barber shops or hair salons, car washes, and/or convenience stores. An adult model studio shall not include a proprietary school licensed by the State of Michigan or a college, junior college, or university supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure (1) that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing, and (2) where in order to participate in a class a student must enroll at least three days in advance of the class, and (3) where no more than one nude or seminude model is on the premises at any one time.
ADULT PHYSICAL CULTURE BUSINESSAny commercial establishment, club, or business by whatever name designated, that regularly offers or advertises or is equipped or arranged to provide massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An adult physical cultural business may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths.
ADULT PERSONAL SERVICE BUSINESSA commercial business having as a principal activity a person, while nude or partially nude, providing personal services for another person on an individual basis. Such a business includes, but is not limited to, the following activities and services: modeling studios, body painting studios, wrestling studios, individual theatrical performances or dance performances, barber shops or hair salons, car washes, convenience stores or other commercial business establishments where food or goods and services are sold, and tattoo parlors where services are being performed by a person who is nude or partially nude. "Nude" or "partially nude" is defined as having attire that reveals specified anatomical areas as defined in this section.
ADULT THEATERA commercial establishment that is a theater, concert hall, auditorium, or similar commercial establishment, either indoor or outdoor in nature, that, for any form of consideration, regularly features live performances that are distinguished or characterized by their emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by guests, patrons, and/or members. An adult theater does not include a theater, concert hall, auditorium, or similar establishment that, for any fee or consideration, regularly features live performances that are not distinguished or characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.
On-site sale of feed, grain, fertilizers, pesticides and
similar goods. Typical uses include nurseries, hay, feed and grain
stores.
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.
Farms and general farming, including horticulture, floriculture,
dairying, livestock, and poultry raising, farm forestry, and other
similar enterprises, or uses, but no farms shall be operated as piggeries,
or chicken brooderies or for the disposal of garbage, sewage, rubbish,
offal or rendering plants, or for the slaughtering of animals, except
for consumption by persons residing on the premises.
Activities that primarily involve raising or producing field
crops or other plants. Examples include farming, truck gardening,
forestry, tree farming, and wholesale plant nurseries.
When used in conjunction with § 4.2W: Telecommunications
Facilities, the buildings, cabinets, vaults, closures and equipment
required for operation of telecommunication systems including but
not limited to repeaters, equipment housing, and ventilation and other
mechanical equipment.
Temporary wind speed indicator equipment utilized for the
purpose of analyzing the potential for utilizing a wind energy system
at a given site. Such devices monitor wind speed and flow direction
characteristics over a period of time for a particular location.
[Added 9-20-2010 by Ord.
No. 1872]
The following are animal services use types:
KENNELSKennel services for dogs, cats, and small animals, including overnight care. Typical uses include boarding kennels and dog training centers.
SALES AND GROOMINGSales, 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.
VETERINARY CLINICA 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.
VETERINARY HOSPITALA 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.
An electrical conductor or group of electrical conductors
that transmit or receive radio waves, excluding amateur radio antennas.
Any building or other structure other than a transmission
tower that can be used for location of telecommunications facilities.
Application means the process by which the owner of a parcel of land within the City submits a request for any type of development review or approval identified in Chapter 8 of this Ordinance. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
See definition of "group living."
See definition of "household living."
When used in conjunction with § 4.2.W: Telecommunications
Facilities, an antenna or other piece of related equipment affixed
to a transmission tower, building, light or utility pole, or water
tower.
A retractable or fixed shelter projecting from and supported
by the exterior wall of a building constructed of nonrigid materials
on a supporting framework.
When used in for computing required amounts of parking or
loading pursuant to § 6.1: Off-Street Parking and Loading,
such beds as are occupied by the patients or guests of the hospital
or building in question; provided, however, that bassinets and incubators
shall not be counted as beds.
See definition of "lodging."
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.
[Added 8-20-2012 by Ord.
No. 1900]
See definition of "eating and drinking establishments."
Any structure used or intended for supporting or sheltering
any use or occupancy. This shall include tents or vehicles situated
on private property and used for purposes of a building.
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.
A line indicating the minimum distance required to be maintained
between the front property line and the nearest supporting member
of any structure on the lot.
The gross cubical contents of a building measured to the
outside surfaces but excluding uncovered porches, fire escapes, steps,
and terraces and enclosed portions of the building that project beyond
the main surfaces less than three feet and excluding basement spaces
not meeting the definition of a story.
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."
A permanent, roof-like shelter that extends from part or
all of a building face and is constructed of nonrigid material, except
for the supporting framework.
See definition of "vehicle and equipment sales and service."
See definition of "funeral and interment service."
The City Commission of the City of Kalamazoo.
Any structures, buildings or land owned by the City of Kalamazoo
or its agents.
An establishment housing facilities for medical, dental or
psychiatric diagnosis and treatment, exclusive of major surgical procedures,
for sick, ailing and injured persons who are not kept overnight on
the premises.
A nonprofit association of persons who are bona fide members,
paying regular dues and are organized for some common purpose, but
not a group organized solely or primarily to render a service customarily
carried on as a commercial enterprise.
See definition of "household living."
When used in conjunction with § 4.2W: Telecommunications
Facilities, a wireless telecommunication facility that is attached
to an existing pole, tower, or other structure including, but not
limited to, a structure that can accommodate the future installation
of two or more antenna systems.
When used in conjunction with § 4.2W: Telecommunications
Facilities, placement of an antenna on an existing transmission tower,
building, light or utility pole or water tower where the antenna and
all supports are located on the existing structure.
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees.
Any business, location, or place that conducts or allows
to be conducted on its premises any activity for commercial gain.
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.
Recreational, social, or multi-purpose uses typically associated
with parks, play fields, golf courses, or community recreation buildings.
OPEN SPACE/NATURE PRESERVEAny 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.
PARKS/RECREATION FACILITYA 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.
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.
A building, or group of buildings, in which dwelling units,
offices, or floor area are owned individually and the structure, common
areas, and facilities are owned by all the owners on a proportional,
undivided basis.
Construction 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.
See definition of "food and beverage retail sales."
See definition of "funeral and interment service."
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.
Uses providing care, protection and supervision for children
or adults on a regular basis away from their primary residence for
less than 24 hours per day.
DAY CARE HOME, FAMILYA 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.
DAY CARE HOME, GROUPA 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.
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.
See definition of "day care."
See definition of "day care."
See definition of "day care."
An unroofed platform, either freestanding or attached to
a building, that is supported by pillars or posts.
A plan detailing the process and time frame for terminating
the operation of and completely removing a wind energy system, including
all related structures, equipment, wiring, foundations, and access
roads.
[Added 9-20-2010 by Ord.
No. 1872]
The relationship of the number of dwelling units to the gross
area of the lot or tract upon which a residential structure or structures
are to be located or erected.
See definition of "household living."
A facility for the temporary storage of stormwater runoff.
For the purpose of interpreting, administering and enforcing
the provisions of § 4.2B: Adult Regulated Uses, the dominant
or principal theme of the object so described. For example, "films
that are distinguished or characterized by an emphasis upon the exhibition
or description of specified sexually activities or specified anatomical
areas," the films so described are those whose dominant or principal
character are the exhibition or description of "specified anatomical
areas" or "specified sexual activities."
See definition of "group living."
An access roadway leading from an authorized drive approach
to a garage, carport or required parking space, including turnaround
areas, and including circular driveways from an authorized drive approach
to another authorized drive approach.
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.
See definition of "household living."
A building, or portion of a building, designed and used exclusively
for residential purposes.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities that are used or intended
for use for sleeping, eating and living purposes.
Sale of prepared food and beverages for on and off premises
consumption. The following are eating and drinking establishment use
types:
BREWPUBA 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.
[Amended 8-20-2012 by Ord. No. 1900]
FAST ORDER FOOD, WITHOUT DRIVE-THROUGHAn 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.
FAST ORDER FOOD, DRIVE-THROUGHSale 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.
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.
[Amended 1-3-2012 by Ord.
No. 1888]
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.
[Amended 1-3-2012 by Ord.
No. 1888]
TEAROOM/CAFEAn 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.
The date on which this Zoning Ordinance became effective,
as stated in § 1.3: Effective Date.
For the purpose of interpreting, administering and enforcing
the provisions of § 4.2B: Adult Regulated Uses, a person
who performs any service for any consideration on the premises of
an adult regulated use on a full-time, part-time, or contract basis,
whether or not the person is called an employee, independent contractor,
agent, or otherwise, and whether or not said person is paid a salary,
wage, or other compensation by the operator of said adult regulated
use. Employee does not include a person exclusively on the premises
for repair or maintenance of the premises or equipment on the premises
or for the delivery of goods to the premises. When used in other contexts,
a person who performs services for an establishment for at least 30
hours per week, on average, whether or not the person is called an
employee, independent contractor, agent, or otherwise.
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.
Any object including but not limited to banners, signs, street
furniture, waste bins, newspaper boxes, works of art, either permanent
or temporarily placed in or above the public right-of-way on sidewalk,
alleys, or streets.
Any engineer licensed by, or authorized to perform work in,
the State of Michigan.
Provision of cultural, entertainment, athletic, and other
events to spectators. Typical uses include cinemas, live theaters,
sports arenas and stadiums.
For the purpose of interpreting administering and enforcing
the provisions of § 4.2B: Adult Regulated Uses, the site
or premises on which an adult regulated use is located, including
the interior of the establishment or portions of the interior, upon
which certain activities or operations are being conducted for commercial
gain.
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.
An individual or group of two or more persons related by blood,
marriage, or adoption, together with foster children and servants
of the principal occupants, with not more than one additional unrelated
person, who are domiciled together as a single, domestic, housekeeping
unit, or
A collective number of individuals domiciled together whose
relationship is of a continuing, nontransient domestic character and
who are cooking and living as a single, nonprofit housekeeping unit.
This definition shall not include any society, club, fraternity, sorority,
association, lodge, federation, organization, or group of individuals
whose domestic relationship is of a transitory or seasonal nature,
nor shall it include residents of a state-licensed residential facility,
except to the extent permitted by law.
See definition of "eating and drinking establishments."
Financial, insurance, real estate, or securities brokerage
services. Typical uses include banks, insurance agencies and real
estate firms.
See definition of "vehicle and equipment sales and service."
Alternating changes in light intensity caused by the sun
shining through the moving blades of a wind energy system that casts
shadows on adjacent properties and objects, such as the windows of
a building.
[Added 9-20-2010 by Ord.
No. 1872]
Retail sale of food and beverages for home consumption. Typical
uses include groceries and delicatessens.
CONVENIENCE STOREA 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.
PACKAGE LIQUOR STOREA retail sales establishment licensed by the Michigan Liquor Control Commission selling packaged alcoholic liquors (including beer, wine, and spirituous liquors) for consumption off-site. This use does not include establishments meeting the definition of a sit-down restaurant, tavern, lounge, or fast order food establishment.
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.
See definition of "group living."
See definition of "group living."
See definition of "group living."
When used in conjunction with § 4.2W: Telecommunications
Facilities, a new tower, monopole, or other unattached structure erected
to support wireless communication antennas and connecting appurtenances.
Provision of services involving the care, preparation or
disposition of the dead. The following are funeral and interment services
use types:
CEMETERIES and MAUSOLEUMSA 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.
CREMATINGCrematory services involving the purification and reduction of the bodies by fire. Typical uses include crematories and crematoriums.
FUNERAL HOMEUndertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries.
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.
WITHOUT VEHICLE SERVICE OR REPAIRAn 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.
WITH MINOR VEHICLE SERVICE OR REPAIRAn 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.
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.
An establishment where flowers, shrubs, vegetables, trees,
and other horticultural and floricultural products are grown both
in open and enclosed buildings.
The sum of the gross horizontal floor areas including: Areas
occupied by fixtures and equipment for display or sale of merchandise,
and mezzanines and other partial floor areas. Such area shall be measured
from the exterior faces of exterior walls or from the center line
of walls separating two buildings or structures, excluding stairwells
at each floor, elevator shafts at each floor, floors or parts of floors
devoted exclusively to vehicular parking or loading, and all floors
below the first or ground floor, except when used for or intended
to be used for service by customers, patrons, clients, patients, or
tenants.
Residential occupancy of a dwelling unit by other than a
household and providing communal kitchen/dining facilities, for a
period that includes overnight lodging. Typical uses include occupancy
of fraternity and sorority houses, nursing/retirement homes, boarding
houses and cooperatives. This use type does not include other group
care facilities more specifically defined in this Ordinance.
ADULT FOSTER-CARE FAMILY HOME (SIX OR FEWER RESIDENTS)Residence for the adult population in a private home with a design capacity of six or fewer residents (not including staff) that provides rooms, meals, personal care, and supervision of self-administered medication for five or more days a week, and for periods of two or more weeks. They may provide other services, such as recreational activities, financial services, and transportation. The adult foster care family home licensee must be a member of the household and an occupant of the home.
ADULT FOSTER-CARE SMALL GROUP HOME (SIX OR FEWER RESIDENTS)Residence for the adult population with a design capacity of six or fewer residents (not including staff) that provides rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. The facility need not be located in a private home, and the licensee and caregivers need not live at the facility.
ADULT FOSTER-CARE MEDIUM/LARGE GROUP HOME (SEVEN TO 20 RESIDENTS)Residence for the adult population with a design capacity of more of seven to 20 residents (not including staff) that provides rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. The facility need not be located in a private home, and the licensee and caregivers need not live at the facility.
ASSISTED LIVING FACILITYResidences 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.
DORMITORYA 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).
FOSTER FAMILY GROUP HOME (FIVE TO SIX CHILDREN)A private home in which five or six minor children, who are not related to an adult member of the household by blood or marriage and who are not placed in the household pursuant to the Michigan Adoption Code, Chapter X of the Probate Code of 1939, 1939 PA 288, MCLA § 710.21 to 710.70, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
FOSTER FAMILY HOME (FOUR OR FEWER CHILDREN)A private home in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage and who are not placed in the household pursuant to the Michigan Adoption Code, Chapter X of the Probate Code of 1939, 1939 PA 288, MCLA § 710.21 to 710.70, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
FRATERNITY or SORORITYA dwelling occupied by members of a fraternity or sorority that is recognized by a local institution or higher learning.
NURSING/CONVALESCENT HOMEA state licensed medical establishment providing accommodation and care for aged or infirm persons, but not including a facility meeting the definition of a "hospital."
REHABILITATION CENTER (LIVE-IN FACILITIES WITH UP TO SIX BEDS)A facility that provides short-term, primarily in patient care, treatment, and/or rehabilitation services for up to six persons recovering from mental or physical illness or injury who do not require continued hospitalization but do require medical or psychiatric treatment. This use does not include facilities meeting the definition of a "hospital" or "nursing/convalescent home." A rehabilitation center may include a nursing/convalescent home that provides all of the following services: (1) physical therapy services, (2) occupational therapy services, and (3) speech therapy services.
ROOMING/BOARDINGHOUSEAny dwelling or that part of any dwelling or dwelling unit containing one or more rooming units in which each rooming unit is let for sleeping purposes by the owner or operator to more than four persons who are not related by blood, marriage or adoption to the owner or operator. A "rooming unit" means any room or group of rooms forming a single, habitable unit or intended to be used for living and sleeping but not for cooking or eating purposes.
TRANSITIONAL RESIDENCESA 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.
See definition of "transmission tower."
See definition of "vehicle and equipment repair."
Historic resources are all those currently designated either
as districts or individually, locally or to the National Register
of Historic Places; are included in any of the previous historic resources
surveys carried out by the City, or are considered eligible for any
of these designations or surveys.
A business, profession, occupation, or trade that is conducted
for gain as an accessory use within a dwelling unit by a resident
of the dwelling unit. Home occupations must comply with those standards
and conditions stated in § 4.3G: Home Occupations.
See definition of "lodging."
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.
A use category including mostly household dwelling, and including
residential occupancy of a dwelling unit by a household with tenancy
arranged on a month-to-month or longer basis.
ATTACHED DWELLINGA 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.
CLUSTER HOUSING DEVELOPMENTA 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.
DETACHED DWELLINGA 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.
DUPLEXA 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.
MULTI-UNIT DWELLINGA dwelling containing three or more dwelling units. A multi-unit dwelling may include condominium units.
MOBILE HOME PARKA 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.
See definition of "retail sales and service."
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:
Continuous, frequent, or repetitive noises or vibrations;
Noxious or toxic fumes, odors, or emissions;
Electrical disturbances; or
Night illumination into residential areas.
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Notwithstanding the foregoing, the following types of impacts
are consistent with a general industrial classification: noise and
vibrations from temporary construction; noise from vehicles or trains
entering or leaving the site; noise and vibrations occurring less
than 15 minutes per day; an odor detected for less than 15 minutes
per day; noise detectable only as part of a composite of sounds from
various off-site sources.
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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.
See definition of "animal service."
See definition of "recycling facility."
See definition of "transmission tower."
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.
See definition of "vehicle and equipment sales and service."
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.
Provision of lodging services on a temporary basis with incidental
food, drink, and other sales and services intended for the convenience
of guests. The following are transient habitation use types:
BED-AND-BREAKFASTAn establishment located within a detached house that is the principal residence of the operator, where short-term lodging is offered for compensation and that includes the service of one or more meals to guests.
HOTELAn 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.
MOTELAn 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.
A parcel of land, utilized in compliance with all the provisions
of the Zoning Ordinance. A lot may or may not be a lot of record.
A lot must have at least 20 feet of frontage on a public street or
on an unobstructed and permanent easement to a public street.
[Amended 3-19-2007 by Ord. No. 1822]
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot
(as distinguished from a corner lot).
A parcel of land, the dimensions of which are shown on a
recorded plat on file with the Kalamazoo County Register of Deeds.
A single-family detached housing unit that is built to the
National Manufactured Housing Construction and Safety Standards of
1974 (42 U.S.C. § 5401), which became effective June 15,
1976 (i.e., HUD approved). The structure, transportable in one or
more sections, that, in the traveling mode, is eight body feet or
more in width or 30 body feet or more in length, or, when erected
on site is 360 or more square feet, and that is built on a permanent
chassis and designed to be used for human occupancy with or without
a permanent foundation and includes the plumbing, heating and/or air
conditioning, and electrical systems contained in such structure.
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.
[Amended 8-20-2012 by Ord. No. 1900]
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
Manufacturing or assembling of electronic components, medical
and dental supplies, computers, or other manufacturing establishments
with similar characteristics; or
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.
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.
That term as defined in the Public Health Code, MCL 333.1101
et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.;
the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.;
and the Marihuana Tracking Act, MCL 333.27901 et seq.
[Added 4-2-2018 by Ord.
No. 1957]
An enterprise at a specific location at which a licensee
is licensed to operate under the Medical Marihuana Facilities Act,
MCL 333.27101 et seq., including a marihuana grower, marihuana processor,
marihuana provisioning center, marihuana secure transporter, or marihuana
safety compliance facility. The term does not include or apply to
a "primary caregiver" or "caregiver" as that term is defined in the
Michigan Marihuana Act, MCL 333.26421 et seq.
[Added 4-2-2018 by Ord.
No. 1957]
GROWERA licensee that is a commercial entity located in this state that cultivates, dries, trims or cures and packages marijuana for sale to a processor or provisioning center.
PROCESSORA 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
PROVISIONING CENTERA 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.
SAFETY COMPLIANCE FACILITYA 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.
SECURE TRANSPORTERA licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilitates for a fee.
MEDICAL CANNABIS DISPENSARY: A provisioning center operated
and whose license to operate is held solely by one or more registered
qualifying patients and/or registered primary caregivers operating
at a fixed location.
A permanent, roof-like shelter that extends from part or
all of a building face and is constructed entirely of noncombustible
materials.
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.
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.
[Added 8-20-2012 by Ord.
No. 1900]
See definition of "wholesale, storage, and distribution."
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.
Whenever the expression "mixed use" is used, it shall refer
to the use of land for storage or parking space accessible to two
or more different principal uses on adjacent lands.
A mobile home is a structure, transportable in one or more
sections, that is built on a chassis and designed to be used as a
dwelling with or without permanent foundation, when connected to the
required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems contained in the structure.
See definition of "household living."
A dwelling unit that consists of building materials commonly
used in on-site construction but that is pre-constructed off site
into units and transported to the site on a removable undercarriage
or flat bed and assembled for permanent location on the lot.
See definition of "transmission tower."
See definition of "lodging."
See definition of "household living."
A design or representation that is either (i) painted, (ii)
drawn, or (iii) produced off-site and affixed in a structurally sound
and workmanlike manner on the exterior wall of a building or structure
that does not direct attention to a product, service, place, activity,
person, institution, business or solicitation.
[Amended 6-29-2009 by Ord. No. 1854]
The knowing or intentional live display of a human genital
organ or anus with less than a fully opaque covering or a female individual's
breast with less than a fully opaque covering of the nipple and areola.
Nudity, as used in this chapter, does not include a woman's breastfeeding
of a baby regardless of whether the nipple or areola is exposed during
or incidental to the feeding.
See definition of "group living."
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.
The percentage of view blocked by a typical one foot square
section of a fence, barrier, or buffer material. An "opaque" fence
or wall is one with opacity of greater than 90%.
See definition of "community recreation."
See definition of "retail sales and service."
The person having the right of legal title or beneficial
interest in or a contractual right to purchase a parcel of land. For
the purpose of providing notices required by this Ordinance, the owner
is the person who last paid taxes on any parcel as identified by property
tax records. For purposes of making applications for approvals under
this Ordinance, or responding to notices or enforcement actions under
this Ordinance, the owner may also include a person or entity authorized
in writing to appear on behalf of the person having the right of legal
title or beneficial interest in or a contractual right to purchase
a parcel of land. When used in conjunction with § 4.2W:
Telecommunications Facilities, a person or entity with free title
or a long-term (exceeding 10 years) leasehold to any parcel of land
within the City who desires to develop, construct, build, modify,
or erect a transmission tower upon such parcel of land.
See definition of "food and beverage retail sales."
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.
A surfaced area, enclosed in the main building or in an accessory
building or unenclosed, that is designated and used for off-street
parking of a motor vehicle.
See definition of "community recreation."
Any natural person, firm, partnership, association, corporation,
company, trust estate, or other legal entity, private or public, whether
for profit or not for profit.
Provision of small personal items or consumer-oriented, personal
services that do not include services from a licensed health or mental
health care professional. These include various general retail sales
and personal services of a small, neighborhood-scale. Typical uses
include neighborhood grocery stores, drugstores, laundromats/dry cleaners
and barbershops.
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.
The Planning Commission of the City of Kalamazoo.
Mailing services and processing as traditionally operated
or leased by postal and parcel service companies.
The exterior face of a building that is the architectural
and functional front of a building, and is oriented toward the primary
street. A building has only one primary facade.
The predominant use or uses to which a lot or structure is
devoted.
See definition of "recycling facility."
When used in conjunction with § 4.2W: Telecommunications
Facilities, a person in the business of designing and using telecommunication
facilities including cellular radiotelephones, personal communications
services, enhanced/specialized mobile radios, and commercial paging
services.
A library established and operated by an accredited college
or university, community college district, the City, a public school
district, or other local unit of government or authority, or combination
of local units of governments and authorities, and whose services
are available for use by the public.
[Added 4-2-2018 by Ord.
No. 1957]
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.
Any person, firm, or corporation, municipal department, board
or commission duly authorized to provide public utilities under federal,
state, or municipal regulations, including but not limited to gas,
steam, electricity, sewage disposal, communication, telegraph, and
water.
A licensed facility for the collection and/or processing
of recyclable materials, primarily household and communal waste. A
recycling facility does not include storage containers or processing
activity located on the premises of a residential, commercial, or
manufacturing use that is used solely for the recycling of material
generated by that residential property, business or manufacturer.
A recycling facility does not include scrap or salvage establishments
and does not include the washing of equipment. Recycling facilities
may include the following:
LARGE COLLECTION FACILITIESA 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.
SMALL COLLECTION FACILITIESA 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.
PROCESSING CENTERA 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.
When used in connection with the terms "regular features,"
"regularly shown" or similar terms in § 4.2B: Adult Regulated
Uses, a consistent or substantial course of conduct, such that the
films or performances exhibited constitute a substantial portion of
the films or performances offered as a part of the ongoing business
of the sexually oriented business.
See definition of "group living."
Religious services involving public assembly such as customarily
occurs in synagogues, temples, mosques, and churches.
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 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.
An establishment where food and drink are prepared, served,
and consumed, mostly within the principal building.
Businesses involved in the sale, lease or rent of new or
used products to the general public. Excludes agricultural sales,
animal services, automotive and equipment, business equipment sales
and services, construction sales and services, food and beverage retail
sales, gasoline sales and swap meets.
INDOORThe 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.
OUTDOORPart 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.
Any and all mercantile establishments selling goods, wares
or merchandise at retail or wholesale except as otherwise specified
in this Ordinance.
A pond, pool, or basin used for the permanent storage of
water runoff.
The top edge of the roof or the top of a parapet, whichever
forms the top line of the building silhouette.
See definition of "group living."
See definition of "animal service."
Public and private schools at the primary, elementary, middle,
junior high, or high school level that provide state-mandated basic
education.
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.
When used in computing required amounts of parking or loading
pursuant to § 6.1: Off-Street Parking and Loading, the capacity
of a facility to accommodate patrons or visitors, measured as follows:
If the plans and specifications filed with the Building Inspector
specify a certain fixed seating capacity for a particular building
such specified fixed seating capacity shall be used as the basis for
computing the storage or parking area required.
If no plans or specifications specifying a seating capacity
have been filed with the Building Inspector, then the number of seats
shall be calculated by dividing the lateral length of seating facilities
by 20 linear inches. Each twenty-inch length in such measurement shall
be counted as one seat.
A state of dress in which opaque covering covers no more
than the genitals or anus and nipple and areola of the female breast,
as well as portions of the body covered by supporting straps or devices.
This definition shall not include any portion of the cleavage of the
human female breast exhibited by a dress, blouse, skirt, leotard,
bathing suit, or other wearing apparel, provided that the areola and
nipple are not exposed in whole or in part.
A structure, device, letter, word, model, banner, balloon,
pennant, insignia, emblem, logo, painting, placard, poster, trade
flag or representation, illuminated or nonilluminated, that is visible
from a public place, including, but not limited to, highways, streets,
alleys or public property, or is located on private property and exposed
to the public, that directs attention to a product, service, place,
activity, person, institution, business or solicitation.
A sign that no longer correctly advertises or directs a person
to a bona fide business, person, goods, product, activity or service.
The entire area within a circle, triangle, parallelogram
or any other shape that encloses the extreme limits of writing, representation,
emblem, logo or any other figure or similar character, together with
any frame or other material or color forming an integral part of the
display or used to differentiate the sign from the background against
which it is placed, excluding only the structure necessary to support
the sign and decorative elements to enclose sign supports. Where the
sign has two or more faces, the area of all faces shall be included
in computing the area of the sign except:
If the sign contains two faces, the area of the sign shall be
computed as the area of one face; and if such faces are of an unequal
area, the larger of the two faces shall determine the area.
If the sign contains more than two faces (for example, a triangular
sign with three distinct faces), the area of the sign shall be computed
as the total area of all faces added together.
Where a sign consists solely of writing, representation, emblems,
logos or any other figure of similar character that is painted or
mounted on the wall of a building or a self-supporting wall or fence,
without a distinguishing border, the area of such sign shall be computed
as if it were framed by a border consisting of horizontal and vertical
lines extending not more than six inches from such sign elements.
A sign painted on, printed on or attached flat against the
surface of an awning.
A sign displayed and affixed flat on the surface of a canopy
and does not extend vertically or horizontally beyond the limits of
the canopy.
Either of the following:
[Amended 8-19-2013 by Ord. No. 1912]
MANUALA sign on which a copy is changed manually, such as header boards with changeable letters or pictorials; or
AUTOMATICAn electrically controlled sign, where different copy changes are shown on the same unexposed lamp bank or rotating portion of the face of the sign. The following definitions are used in association with automatic changeable copy signs:
DISSOLVEA mode of message transition on an electronically changeable copy sign accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
FADEA mode of message transition on an electronically changeable copy sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
FLASHA mode of message transition on an electronically changeable copy sign accomplished by varying the light intensity, where the message instantly and repeatedly reduces or increases intensity.
SCROLLA mode of message transition on an electronically changeable copy sign accomplished by the movement of a message.
A temporary/portable sign composed of a nonporous bag of
tough, light material filled with unheated oxygen that may or may
not float in the atmosphere.
A sign, other than a public building bulletin board, that
is erected for a limited time to call attention to special events
of interest to the general public and sponsored by nonprofit groups,
associations or corporations.
A sign identifying the names of the project developers, contractors,
engineers, architects and financial institutions, that is located
on a site being developed or improved.
Any sign that serves to designate the location or direction
of any place or area located on the premises on which the sign is
located.
A sign that advocates or opposes a candidate for political
office or an issue to be determined at an official federal, state,
county, school or municipal election.
A sign consisting of strings of exposed incandescent light
bulbs, balloons or strings of pennants hung overhead to draw attention
to items on display or a particular business establishment.
A sign (i) that contains an intermittent or flashing, shimmering,
or blinking light, or (ii) that gives the illusion of intermittent
or flashing light by means of animation, mirrored surfaces, or an
externally mounted intermittent light source, or (iii) that produces
moving images through the use of video presentations or the creation
of animated or moving images (such as "Jumbotron" light signs).
A sign erected on a freestanding frame, mast, or pole and
not attached to a building.
The vertical distance measured from the ground immediately
beneath the sign to the highest point of the sign or its projecting
structure.
A temporary/portable sign composed of a nonporous bag of
tough, light material filled with helium that may or may not float
in the atmosphere.
A sign that provides artificial light directly on or through
any transparent or translucent material from a source of light connected
with such sign, or a sign illuminated by a light source so obscured
and shielded that no direct rays from it are visible from a public
right-of-way or from an abutting property.
[Amended 8-19-2013 by Ord. No. 1912]
A sign displayed on a marquee and does not extend vertically
or horizontally beyond the limits of the marquee.
A sign that lawfully occupies a building or land that does
not conform to the regulations of the zoning district in which it
is located.
A sign other than an on-premises sign.
An off-premises sign containing not more than two sign faces
located back-to-back and parallel to each other on the same structure.
A freestanding column, including associated supports and
framework, that supports an off-premises sign independent of any building.
A sign identifying or advertising a business, person, activity,
or service located on the premises where the sign is located.
Any sign that does not meet the definition of a "sign, temporary/portable."
A sign, other than a wall or marquee sign, that is perpendicularly
attached to and projects from a structure or building face.
A sign pertaining to the sale, lease, or rental of a building
or land.
A sign erected upon, against or directly above a roof, or
on top of or above the parapet of a building.
A temporary A-frame sign, not secured or attached to the
ground or any building or structure, composed of a sign panel and
supporting structure or one or more panels that form both the structure
and sign face, and that is intended to be placed in a sidewalk or
pedestrian way.
A temporary sign that advertises a special event. This does
not include signs held or supported by a human or animal, which are
not permitted.
A sign, other than an on- or off-premises sign, including,
but not limited to, traffic signs, rest room signs, vending machines,
door-opening directions, residential merchandise sales signs, organizations
and signs, such as Christmas decorations, used for a historic holiday
and installed for a limited period of time.
A sign that advertises a residential or commercial subdivision.
A sign, installed on an arm or spar, that is not permanently
fastened to an adjacent wall or upright pole and is prohibited.
A sign and sign structure (a) that is not constructed or
intended for long term use in a fixed location, or (b) that is designed
to facilitate the movement of the sign from one location to another,
or (c) that is not permanently affixed including, but not limited
to, devices, such as balloons or other inflatable devices, flags,
streamers, searchlights, twirling or sandwich signs, banners, posters,
sidewalk or curb signs, signs mounted on or affixed to trailers or
wheels of any type and strings of lights, but not including a seasonal
sign. The sign may or may not have wheels, changeable letters and/or
hitches for towing.
A sign that is painted or attached directly to the wall or
other exterior surface of a building, or is directly visible through
and attached to the inside or outside of a window of a building, and
that does not project more than 18 inches from the exterior surface,
with the face of the sign running on a parallel plane to the exterior
surface of the building wall.
See definition of "eating and drinking establishments."
See definition of "recycling facility."
Portions of the human body defined as follows:
The explicit display of one or more of the following:
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):
When used in conjunction with § 4.2W: Telecommunications
Facilities, any transmission tower or telecommunications facility
that is designed to enhance compatibility with adjacent land uses,
including, but not limited to, architecturally screened roof-mounted
antennas, antennas integrated into architectural elements, and transmission
towers designed to look other than like a transmission tower such
as light poles, power poles, and trees. The term "stealth" does not
necessarily exclude the use of uncamouflaged lattice, guyed or monopole
transmission tower designs.
See definition of "vehicle and equipment sales and service."
That portion of a building between a floor and the floor
or roof next above it. A basement shall be counted as a story if its
ceiling is over four feet above the average adjoining ground surface.
An attic is to be counted as a story if it is occupied as a dwelling
unit, or a part of a dwelling unit, or used for business sales or
showrooms.
Anything built or constructed, an edifice or building of
any kind, or any piece of work artificially built up or composed of
parts joined together in some definite manner.
Any change in the supporting members of a building, bearing
walls, columns, beams or girders, or any expansion or addition to
the floor space of a building by the addition of bearing walls, columns,
beams or girders.
When used in connection with Chapter 7 (Signs), a change in a sign or sign structure, as differentiated from maintenance or repair, including a change in height, location, area, shape or material, except that which occurs in manual or automatic changeable-copy signs.
See definition of "eating and drinking establishments."
See definition of "eating and drinking establishments."
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.
A use approved by the Zoning Board of Appeals to exist for
a defined period of time.
A person or entity engaged in the sale or goods or the provision
of services for payment or benefit, but who has no fixed place of
business. Transient merchants are required to obtain a permit to do
business from the City Clerk's office, and to maintain such permit
in good standing at all times when business is conducted.
See definition of "group living."
When used in conjunction with § 4.2W: Telecommunications
Facilities, the monopole or lattice framework designed to support
transmitting and receiving antennas. For the purposes of this section,
amateur radio transmission facilities are not "transmission towers."
Transmission towers include:
GUYED TOWERA tower that is supported by the use of cables (guy wires) that are permanently anchored;
LATTICE TOWERA tower characterized by an open framework of lateral cross members that stabilize the tower; and
MONOPOLEA single upright pole, engineered to be self supporting and does not require lateral cross supports or guys.
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
Sales of motor vehicles or services related to motor vehicles.
The following are vehicle and equipment sales and service use types:
CAR WASHWashing and polishing of automobiles. Typical uses include automatic and hand car washes.
FLEET STORAGEFleet 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.
HEAVY EQUIPMENT REPAIRRepair 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.
LIGHT EQUIPMENT REPAIRRepair 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.
HEAVY EQUIPMENT SALES/RENTALSSale, 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.
LIGHT EQUIPMENT SALES/RENTALS (INCLUDING AUTOMOBILES)Sale, retail, wholesale, or rental from the premises of autos, noncommercial trucks, motorcycles, trailers with less than 10,000 pounds gross cargo weight, motor homes and boat dealers, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicles sales and rental agencies.
STORAGE OF NONOPERATING VEHICLESStorage of nonoperating motor vehicles. Typical uses include storage of private parking towaways and impound yards.
STORAGE OF RECREATIONAL VEHICLES AND BOATSStorage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles and boats.
See definition of "animal service."
See definition of "animal service."
Wholesaling, storage, distribution, and handling of materials
and equipment other than live animals and plants. The following are
wholesaling, storage and distribution use types:
MINI-WAREHOUSESStorage 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.
LIGHTWholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.
HEAVYOpen-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.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes a wind turbine, blades, tower or monopole, and all related
electrical equipment or system components. Such systems include building-mounted
and freestanding units.
[Added 9-20-2010 by Ord.
No. 1872]
BUILDING-MOUNTED WIND ENERGY UNITA wind energy structure that is installed on the top of a building roof or attached to the side or rear of a building.
SMALL, FREESTANDING WIND ENERGY UNITA monopole or tubular-designed wind energy structure with a maximum height of 60 feet.
LARGE, FREESTANDING WIND ENERGY UNITA monopole or tubular-designed wind energy structure with a maximum height of 200 feet.
MULTIPLE WIND ENERGY UNITSGrouping of monopole or tubular-designed, freestanding wind energy structures that are allowed on multi-acre parcels.
BREAKING/FEATHERING SYSTEMA system included in a wind energy structure that prevents uncontrolled rotation, over-speeding, and excessive pressure on the tower facility, rotor blades, and other wind energy components to promote safe and efficient operation.
That area measured by the full width of the front lot line
to a depth measured from said front lot line to the first supporting
member of a structure. In the case of corner lots, the front yard
shall be the area measured by the lot lines on each street to a depth
measured from said lot lines to the first supporting member of the
structure.
That area measured by the full width of the rear lot line
to a depth measured from said rear lot line to the rear-most supporting
member of a structure.
An open space unoccupied and unobstructed from the ground
upward between the building and the side lot line extending from first
supporting member of a structure in the front to the rear-most supporting
member of a structure.
The Zoning Board of Appeals of the City of Kalamazoo.
