Kalamazoo City Commissioners 10-2-23 Agenda Packet

Agenda
City Commission Business Meeting

City of Kalamazoo
Monday, October 2, 2023 7:00 PM

City Commission Chambers – 241 West South Street
A. CALL TO ORDER/ROLL CALL
B. OPENING CEREMONY
1. Invocation: Michelle Scheidt, Fetzer Institute
2. Pledge of Allegiance
3. Introduction of Guests
4. Proclamations
a. Michigan Autism Conference (MAC)
b. Keeping the Lights on After School
C. ADOPTION OF FORMAL AGENDA
D. COMMUNICATIONS
E. PUBLIC COMMENTS
F. PUBLIC HEARINGS
1. Public hearing to receive comments on an Off-Premises Sign Agreement with

Adams Outdoor Advertising to allow for the removal of a billboard in the Northside
Neighborhood and the reconstruction of a billboard along I-94. (Action: Motion to
approve)
G. CONSENT AGENDA
(Action: Motion to approve items “1-6” and authorize the City Manager to sign all
documents on behalf of the City)
Page 1 of 885
City Commission Agenda Page 2 of 4 October 2, 2023
1. Approval of a contract supplemental and change order with Carrier & Gable for
traffic signal maintenance supplies in the amount of $200,000.
2. Approval of a month-to-month contract extension, supplemental, and change order

with Central City Parking/ABM Parking for downtown parking management
services in the amount of $540,000.00.
3. Adoption of a RESOLUTION approving Amendment #1 to the Act 381 Brownfield

Redevelopment Plan for Arcadia Lofts.
4. Adoption of a RESOLUTION amending the City Commission's 2023 annual

meeting schedule.
5. Approval of the Second Amendment to the Services Agreement between the City of
Kalamazoo and the United Way of the Battle Creek and Kalamazoo Region for
Small Business Loan Fund services.
6. Approval of a special permit for a pot-bellied pig to be kept at 2513 Logan Avenue,
subject to compliance with applicable statutes, ordinances, and health codes.
H. REGULAR AGENDA
1. Adoption of an ordinance to repeal the existing Chapter 28 of the Kalamazoo City

Code, Wastewater Discharge Regulations and Enforcement Procedures, and enact
a new Chapter 28, Wastewater Discharge Regulations and Enforcement
Procedures. (Action: Motion to adopt the ordinance)
2. First reading of an ordinance to approve updates to Chapter 9 of the Kalamazoo

City Code Buildings and Building Regulations, Article 8: Emergency Housing.
(Action: Motion to offer the ordinance for first reading)
3. First reading of ordinances to approve text amendments to Chapter 50, Zoning

Ordinance and Appendix A Zoning; to approve updates to the Zoning Map; and to
approve related updates to Chapters 3, Advertising, 7, Animals and Fowl, 9,
Buildings and Building Regulations, and 21, Nuisances; and set a public hearing for
October 16, 2023. (Action: Motion to offer the ordinances for first reading and
schedule a public hearing)
4. Approval of a contract extension with SNR Technologies for Powder Activated

Carbon in the amount of $1,160,000. (Action: Motion to approve)
5. Approval of a three-year contract with Gud Marketing for Downtown and Streets
for All Marketing and Communications in the amount of $285,000. (Action:
Motion to approve)
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I. REPORTS AND LEGISLATION
1. City Manager’s Report
J. UNFINISHED BUSINESS
K. POLICY ITEMS
L. NEW BUSINESS
M. COMMISSIONER COMMENTS
N. CLOSED SESSION
O. ADJOURNMENT
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ADDITIONAL INFORMATION
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www.kalamazoocity.org/connect, follow @KalamazooCity on Twitter, and search for The City of
Kalamazoo on Facebook.
Questions regarding agenda items may be answered prior to the meeting by contacting the City
Manager's Office at 269.337.8047. Persons who wish to contact members of the City Commission
prior to the meeting to provide input about items on the meeting agenda may do so via email to
CityCommission@kalamazoocity.org.
Agendas for the regular meetings of the Kalamazoo City Commission are available on the Internet
at: www.kalamazoocity.org.
The Kalamazoo City Commission’s business meetings are held on the first and third Mondays at
7:00 p.m. and are shown live on the Public Media Network (channel 190 for Charter customers,
channel 99 for U-Verse customers). Committee of the Whole meetings are held immediately prior
to business meetings at 5:00 p.m. Both meetings are also streamed live on the City’s Facebook page
and YouTube Channel.
Public Media Network rebroadcasts these meetings on Tuesdays at 8:00 a.m., Wednesdays, at 1:00
a.m., and Thursdays at 3:00 p.m.
Community members have the option to provide public comments over the phone for City
Commission meetings. Members of the public who wish to provide comments by phone can call
888-382-9556 during the public comment period. They will enter a queue and will be prompted to
offer their comments in turn. Callers will be commenting to the City Commission live and will no
longer be able to leave a recorded message.
Page 4 of 885
Date: 10/2/2023
City Commission Item: F.1.
Agenda Report
City of Kalamazoo
TO: Mayor Anderson, Vice Mayor Cooney, and City Commissioners
FROM: James K. Ritsema, ICMA-CM, City Manager

Reviewed by: Christina Anderson, City Planner/Deputy Director of CPED
Prepared by: Pete Eldridge, Zoning Administrator
DATE: October 2, 2023
SUBJECT: Approval of Off-Premises Sign Agreement with Adams Outdoor Advertising
RECOMMENDATION:
It is recommended that the City Commission approve the Off-Premises Sign Agreement with
Adams Outdoor Advertising to allow for the removal of a billboard in the Northside
Neighborhood and the reconstruction of a billboard along I-94.
BACKGROUND:
Adams Outdoor has had a billboard on the railroad parcel adjacent to 4141 Manchester Avenue
since the mid- 1960's. This billboard location is on the south side of I-94 between Fabri-Kal
Corporation on Manchester Avenue and The Wings Event Center off Vanrick Drive. Around
August 30, 2022, straight line winds toppled this billboard. During this same period, Economic
Development staff had been working with Adams Outdoor to resolve an easement issue with a
parcel purchased for redevelopment in the Northside Neighborhood. The easement in place was
intended for maintaining the billboard at the corner of E. Frank Street and N. Westnedge
Avenue. However, the easement language was such that it encumbered the entire parcel and
needed to be amended to allow redevelopment efforts to move forward on the remaining site area
adjacent to the billboard.
Adams Outdoor and City staff discussed the situation and looked at the zoning of the two sites.
The location in the Northside Neighborhood is zoned Live Work -1 District (LW-1). This
district zone does not allow for off-premises signs or billboards. Therefore, this existing
billboard is a nonconforming use. City staff stressed efforts made over the last 20 years to reduce
the number of billboards in the neighborhoods and focus this type of advertisement signage on
high traffic commercial corridors and along highways. The proposed billboard Adams Outdoor
would like to reconstruct is in the Manufacturing Zone District (M-2) where off-premises signs
or billboards are a permitted use. However, the city has a limit on off-premises signs or
billboards of 99 and at the present time there are approximately 108. Due to the cap on the
number of billboards and building setback requirements, the toppled billboard near I-94 cannot
Kalamazoo City Manager’s Office 241 W. South Street, Kalamazoo, MI 49007 269.337.8047
Fax: 269.337.8182
Page 5 of 885
Commission Agenda Report
Page 2
be reconstructed per the Zoning Ordinance.
This Off-Premise Sign Agreement has resulted from these two projects. The agreement requires
that Adams Outdoor remove the easement for the corner lot known as 802 N. Westnedge Avenue
and remove the entire billboard and support structure located on the parcel. This will allow for
the redevelopment of all three parcels at this corner owned by the City, which is approximately
.5 acres. The City will authorize the reconstruction of the toppled billboard along I-94. This
agreement will remove a billboard from the Northside Neighborhood.
Approval of the requested agreement is consistent with the purpose and intent of the sign
regulations regarding ensuring that the number, size and location of signs do not create a
negative impact on the image or aesthetic environment of the City.
This agreement was introduced to the City Commission on the consent agenda at the Tuesday,
October 5, 2023 meeting.
STRATEGIC VISION ALIGNMENT:
Strategic Goal Impact:
Complete Neighborhoods - residential areas that support the full range of people's daily needs
Approval of this agreement will result in the removal of a billboard located near residences and
will allow for the stalled redevelopment of the corner of N. Westnedge Avenue and E. Frank
Street to move forward, which will provide more job opportunities in the area.
COMMUNITY ENGAGEMENT:
Appropriate Depth of Engagement:

Inform (one-way conversation) – no feasible alternatives available due to legal/regulatory
restrictions, standards and best practices, or resource limitations; the community will be made
aware of the project.
Engagement/Communication Tools:
A notice was placed in the Kalamazoo Gazette 15 days prior to the public hearing. Notice of this
public hearing was also sent out on September 18, 2023 to all property owners and occupants
within 300 feet of each of the two sites. The Milwood and Northside Neighborhoods have also
been notified of this public hearing.
FISCAL IMPACT:
Approval of this agreement will allow for redevelopment of property which will increase in
taxable value as improvements are made. This agreement will also allow for the reconstruction
of a billboard adjacent to 4141 Manchester Street, which will also be a taxable improvement to
this parcel.
Fax: 269.337.8182
Page 6 of 885
Page 3
Fax: 269.337.8182
Page 7 of 885
OFF-PREMISES SIGN AGREEMENT
AGREEMENT between the City of Kalamazoo, a Michigan municipal corporation,

241 W. South Street, Kalamazoo, Michigan, 49007 (“the City”) and Adams Outdoor
Advertising, a Minnesota Limited Partnership, 3801 Capital City Boulevard, Lansing,
Michigan 48906. (“Adams”).
Recitals
1. Adams possesses a right for the maintenance of a billboard (“off-premises

sign”) on a railroad parcel (parcel number RR-36-267-001) (“railroad
parcel”) owned by CN North America. This parcel is on the south side of I-
94 and adjacent to 4141 Manchester Road, Kalamazoo, Michigan.
2. Adams owned and maintained an off-premises sign on the railroad parcel

until the sign was destroyed by a storm on or about August 30, 2022.
3. The railroad parcel is zoned Manufacturing Limited District (M-2), and an

off-premises sign is a permitted use in that zone.
4. Adams’ destroyed off-premises sign located on the railroad parcel,

although a permitted use, was legally nonconforming because:
A. The sign did not meet the setback from another off-premises
sign as required in an M-2 District;
B. The sign did not meet the 25-foot building setback from the
property line as required in an M-2 District; and,
C. The number of off-premises signs located in the City of
Kalamazoo prior to destruction of the railroad parcel off-
premises sign (108) exceeded the number of off-premises signs
permitted in the City of Kalamazoo by its zoning ordinance (99).
5. Although Adams’ destroyed off-premises sign on the railroad parcel was

less than the required setback from another off-premises sign, the two
signs were separated by I-94, and face opposite directions.
6. Although Adams’ destroyed off-premises sign on the railroad parcel did not
meet the 25-foot setback from the property line required in an M-2 zone,
the railroad parcel is very narrow and largely occupied by railroad tracks,
and as a result, a 25-foot setback is not feasible.
7. Adams desires to replace the destroyed off-premises sign that was located
on the railroad parcel.
8. Pursuant to § A9.5 of the City of Kalamazoo zoning ordinance a new off-

premises sign cannot be constructed on the railroad parcel in the same
location because a nonconforming use cannot be repaired or replaced if it
Kalamazoo/Adams Outdoor Off-Premises Sign Agreement Page 1 of 5
Page 8 of 885
has been damaged or destroyed by more than 50% of its actual cash value
at the time of the damage or destruction.
9. Adams has an easement to own and maintain an off-premises sign on

property located at 802 N. Westnedge Ave. in the City, and currently owns
and maintains an off-premises sign there (“N. Westnedge sign”).
10. The property at 802 N. Westnedge is in a Live Work-1 District (LW-1) in

which off-premises signs are not permitted and is therefore a
nonconforming use.
11. The N. Westnedge sign, being in an LW-1 District and surrounded primarily
by residential uses, is inconsistent with the intent and purpose of the City
zoning ordinance and is in a less desirable location for an off-premises sign
than the railroad parcel sign.
12. Consistent with the City zoning ordinance, the City desires to reduce the
number of nonconforming off-premises signs.
13. In lieu of prohibiting replacement of the railroad parcel sign the City will
agree to allow the destroyed railroad parcel sign to be replaced upon the
condition that Adams removes the N. Westnedge sign and releases its
easement to own and maintain a sign on the property at 802 N. Westnedge
in the City.
14. Removal of the sign at 802 N. Westnedge and release of Adams’ easement
on that property will enable the property to be developed with a conforming
use that is permitted in an LW-1 District.
15. Replacing the N. Westnedge sign by permitting an off-premises sign on the

railroad parcel will remove a nonconforming off-premises sign from a zone
where off-premises signs are not permitted and replace it with an off-
premises sign in a zone where off-premises signs are permitted.
16. Replacing the N. Westnedge sign with a new, although nonconforming

sign, on the railroad parcel will reduce the number of nonconforming off-
premises signs and will achieve greater compliance with the City Zoning
Ordinance and be more consistent with its intent and purpose than if the
City forbade the replacement of the railroad parcel sign alone.
Agreement
The City and Adams, in consideration of the covenants, conditions, and

agreements herein, agree as follows:
1. Bilateral Agreement/Purpose. This Agreement is the product of bilateral

negotiations that did not arise out of an offer under MCL 125.3405 but
instead represents the product of voluntary negotiations for the
achievement of an objective authorized in the Michigan Zoning Enabling
Act, MCL 125.3101 et seq., that being: obtaining greater compliance with
Page 9 of 885
the City of Kalamazoo Zoning Ordinance by reducing the number of
nonconforming off-premises signs; removing a nonconforming off-
premises sign from a zoning district where off-premises signs are not
permitted thereby allowing development of the property where the sign is
located with a permitted use; and, location of an off-premises sign in a
zoning district where such signs are permitted.
2. Public Deliberation and Approval. The City represents and warrants to

Adams that:
A. All terms reached in the negotiation of this Agreement have been

presented for public deliberations and public hearings as required by
law and approved by the Kalamazoo City Commission following a
public hearing;
B. Adams has a right to rely on such representation and warranty and the
City understands that Adams is relying on such; and
C. The City will act in good faith and deliberate speed in all respects under
this Agreement—including but not limited to—providing all necessary
permits and approvals to Adams in a timely manner provided that
Adams likewise acts in good faith and deliberate speed in all respects
under this agreement—including but not limited to accurately and
completely filling out all required permit applications and providing all
required documentation for permit approvals.
3. Obligations Upon Execution. Not later than 14 days after the execution
of this Agreement Adams agrees that it shall:
A. Submit to the appropriate City department a permit application for

destruction and removal of the N. Westnedge off-premises sign;
B. Execute and record at its own expense a release of its easement over
the property at 802 N. Westnedge Ave. to the City of Kalamazoo, the
owner of the property, and deliver the recorded release to the City;
C. Submit to the appropriate City department a permit application, site
plan, and any other necessary documentation to obtain a permit for
construction of an off-premises sign on the railroad parcel.
4. Removal of N. Westnedge Sign. Upon obtaining any necessary permits

Adams agrees, by its employees or contractors, to remove at its own
expense the N. Westnedge sign, its sign structure, electrical connections,
any foundation for the sign structure, and building materials, trash and
debris, from the premises at 802 N. Westnedge, Kalamazoo, Michigan,
reasonably return the premises to its original condition, and return to the
City any keys it has to the lock on the gate to the premises. If Adams fails
or neglects to remove the N. Westnedge sign, its sign structure, electrical
connections, and any foundation for the sign structure within 60 days from
the date of the issuance of any necessary permits or the effective date of
the Agreement, whichever is later, Adams agrees that the City, upon written
7 days’ notice to Adams of its intention to do so, may, by its employees or
contractors, remove the sign, sign structure, electrical connections, and
foundation, and Adams shall reimburse the City for the costs of the removal
within 30 days of the presentation of an invoice for such costs.
Page 10 of 885
5. Compliance with Ordinances. Adams agrees to construct the new off-
premises sign on the railroad parcel consistent with all applicable
ordinances of the City of Kalamazoo (except for any variances from such
ordinance noted herein) and obtain all necessary inspections and
approvals during and upon completion of the construction of the sign.
Construction of the sign shall be completed within one year of the date of
issuance of a building permit.
6. Non-conformance. The new sign on the railroad parcel once constructed

will be a legally nonconforming sign due to the setback non-conformances.
7. Hold Harmless. Adams agrees to hold the City harmless from all claims of
whatsoever nature that may arise from removal of the N. Westnedge sign,
its structure electrical connections, and foundation consistent with
paragraph 5 of this agreement.
8. Amendment. This Agreement may only be amended by writing executed

by both parties following presentment of the amendment for public
deliberations and public hearings as required by law and approval by the
Kalamazoo City Commission following a public hearing.
9. Governing Law. This Agreement shall be governed and construed in

accordance with the laws of the State of Michigan.
10. Binding Effect/Assignment/Third Parties. This Agreement is binding on

and shall inure to the benefit of the parties to this Agreement and their
respective successors but may not be assigned by either party. The parties
do not intend to confer any benefits on any person, firm, corporation, or
other entity which is not party to this Agreement.
11. Waiver. No failure of either party to complain of any act or omission on the
part of the other party, no matter how long this same may continue, is
considered as a waiver by that party to any of its rights hereunder. No
waiver by either party, expressed or implied, of any breach of any provision
of this Agreement is considered a waiver or a consent to any subsequent
breach of this same or other provision.
12. Authorization. Each of the parties represents and warrants to the other
that this Agreement and its execution by the individual on its behalf are
authorized by the board of directors or other governing body of that party.
13. Entire Agreement. This Agreement supersedes all agreements previously

made between the parties relating to the subject matter. There are no other
understandings or agreements between them.
14. Headings. Headings in this Agreement are for convenience only and shall
not be used to interpret or construe its provisions.
15. Notices. Any notice required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been given (a) on the same
Page 11 of 885
date as the date on which such notice is delivered personally, (b) on the
date that is three (3) business days after the date on which such notice is
deposited in the United States mail, registered or certified mail, postage
prepaid, return receipt requested, (c) on the date that is one (1) business
day after the date on which such notice is sent by nationally-recognized
overnight courier services (such as Federal Express or any other similar
courier service), (d) on the date of delivery by facsimile transmission with
electronic confirmation, and, in each case, addressed as follows:
If to Adams: Richard J. Zecchino

Chief Legal Officer and Vice President of Real
Estate
3801 Capital City Boulevard
Lansing, Michigan 48906
If to the City: City Manager

City of Kalamazoo
241 W. South Street
Kalamazoo, Michigan 49008
16. Effective Date. This agreement will be binding on the last date of signing
by one of the parties to this Agreement.
The parties have executed this Agreement on the date indicated below:
Dated:___________________ Dated:__________________
CITY OF KALAMAZOO ADAMS OUTDOOR ADVERTISING
BY_______________________ BY_______________________
James K. Ritsema Richard J. Zecchino
Its: City Manager Its: Chief Legal Officer &
Vice President of Real Estate
Page 12 of 885
LEGEND
802. N. Westnedge
Princ eton Ave

Override 1
Flo renc e St
PARCEL MAP
Parcel
Address
GENERAL INFORMATION
Drexel St Dre xel St City Boundary
Lawrence St
Billboard to be Removed
N We stn edg e Ave
%
W Fra nk St
W Fran k St
(VUL&RPPXQLW\0DSV&RQWULEXWRUV2SHQ6WUHHW0DS0LFURVRIW(VUL
Coole y St
+(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$
13686&HQVXV%XUHDX86'$6RXUFHV(VUL$LUEXV'686*61*$
1$6$&*,$515RELQVRQ1&($61/62610$*HRGDWDVW\UHOVHQ
5LMNVZDWHUVWDDW*6$*HRODQG)(0$,QWHUPDSDQGWKH*,6XVHU
0 0 0 0 FRPPXQLW\ City of
mi Kalamazoo,
8/21/2023
Page 13 of 885
Page 14 of 885
LEGEND
Railroad Parcel
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PARCEL MAP
Parcel
94
GENERAL INFORMATION
D City Boundary
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94
Billboard to be Reconstructed
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94
(VUL&RPPXQLW\0DSV&RQWULEXWRUV2SHQ6WUHHW0DS0LFURVRIW(VUL
+(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$
13686&HQVXV%XUHDX86'$6RXUFHV(VUL$LUEXV'686*61*$
1$6$&*,$515RELQVRQ1&($61/62610$*HRGDWDVW\UHOVHQ
5LMNVZDWHUVWDDW*6$*HRODQG)(0$,QWHUPDSDQGWKH*,6XVHU
0 0 0 0 FRPPXQLW\ City of
mi Kalamazoo,
8/21/2023
Page 15 of 885
Page 16 of 885
Date: 10/2/2023
City Commission Item: G.1.
Agenda Report
City of Kalamazoo

Reviewed by: James J. Baker, PE, Public Services Director and City Engineer
Prepared by: Anthony Ladd, PE, Public Works Division Manager
SUBJECT: Contract supplemental/change order with Carrier & Gable for 2023 Traffic Signal
Maintenance (Bid Ref#00000-022.1)
RECOMMENDATION:
It is recommended that City Commission approve a contract supplemental/change order for

traffic signal maintenance supplies in the amount of $200,000.
BACKGROUND:
Carrier & Gable provides supplies for the maintenance of traffic signals in the city of
Kalamazoo. The City of Kalamazoo also contracts with the Road Commission of Kalamazoo
County (RCKC) to provide maintenance and repair services for traffic signals owned by RCKC.
This change order is necessary for adequate funding on the contract through the remainder of the
year with purchases through MiDeal contract pricing.
The demand for these supplies varies for many different reasons including multijurisdictional
participation, accidents, age of equipment and the need to replace worn out traffic signal
components, therefore additional funds are needed for the contract through the rest of the year.

Safe Community- Creating a safe environment for living, working, and playing
Appropriate Depth of Engagement

Fax: 269.337.8182
Page 17 of 885
Page 2
FISCAL IMPACT:
The funds required for this contract are $200,000. This is a blanket contract with Carrier and
Gable budgeted within the Major Streets fund. In accordance with our contract with RCKC,
materials are billed on a monthly basis of cost, plus five percent. These additional funds will be
recorded as Miscellaneous Major Streets revenue, fully offsetting the requested expenditure
adjustment. The City of Kalamazoo will be following up with claims to the insurance for the
crashes that damage traffic signal infrasture and repairs.
Fax: 269.337.8182
Page 18 of 885
Date: 10/2/2023
Agenda Report
City of Kalamazoo

Reviewed By: Steve Vicenzi, Management Services Director & Chief Financial
Officer
Reviewed By: Melissa Fuller, Deputy Director of Management Services &
Purchasing Agent
Prepared By: Michelle Emig, Purchasing Division Manager
SUBJECT: Approval of a contract supplemental/change order with ABM for Parking

Management Services (Bid Ref# 00000-022.119)
RECOMMENDATION:
It is recommended that the City Commission approve a month-to-month contract extension

supplemental/change order in the amount of $540,000.00 with Central City Parking/ABM
Parking for downtown parking management services.
BACKGROUND:
The City of Kalamazoo has recently taken over responsibility for downtown parking from the
Downtown Development Authority (DDA). The City is nearing the end of the selection process
to establish a new contract for downtown parking management services. A month-to-month
extension to the existing agreement with Central City Parking/ABM Parking is needed to bridge
the gap until the new contract can be established. The new contract is anticipated to be
established by December 31, 2023.
At the request of the project manager and the consultant for the new parking management
services contract, Purchasing reached out to Central City Parking/ABM Parking and obtained
their agreement to the necessary month-to-month extension.
From historical data, the amount needed to take the existing agreement through December 31,
2023 would be an estimated $540,000.00.
Fax: 269.337.8182
Page 19 of 885
Page 2
This program/project has a high degree of impact on the following Strategic Goal(s):
Connected City - A City networked for walking, biking, riding, and driving

FISCAL IMPACT:
Funds for this month-to-month extension are available in the Parking System Fund budget:
Description Account Project # Dollar Amount

Parking Operations Mgmt Service Fee 514-571-00.000-803.001 $75,000.00
Parking Operations Reimbursable Exp 514-571-00.000-803.002 $465,000.00
Fax: 269.337.8182
Page 20 of 885
Date: 10/2/2023
Agenda Report
City of Kalamazoo

Reviewed by: Antonio Mitchell, Director, Community Planning & Economic
Development
Prepared by: Jamie McCarthy, BRA Staff Liaison
SUBJECT: Resolution Approving Amendment #1 to the Act 381 Brownfield Redevelopment

Plan for Arcadia Lofts
RECOMMENDATION:
It is recommended the City Commission adopt a Resolution approving the First Amendment to
the Act 381 Brownfield Redevelopment Plan for Arcadia Lofts.
BACKGROUND:
This brownfield plan was approved by City Commission in February 2023 to assist with
brownfield costs related to the redevelopment of 203 N. Rose Street. The community
development project is called Arcadia Lofts South, and is an adaptive re-use project that will
rehabilitate an existing historic 3-story mixed-use building. The total investment is estimated to
be just over $25 million. The development will include 80 apartments and approximately 6,000
square feet of commercial space. The project includes new construction of additional floors on
the back portion of the building. Once complete, the building will include around 70,523 square
feet for residential, 21,116 square feet of commercial and common area space, as well as outdoor
amenities and courtyard and public improvements. The project will provide attainable workforce
housing within the urban core. The project meets the Brownfield Redevelopment Authority's
(BRA) minimum criteria for up to 15 years of reimbursement following the BRA's incentives
policy. The BRA will capture an additional 5 years of tax increment revenues to the Local
Brownfield Revolving Fund.
This Brownfield Plan will reimburse existing and anticipated costs to be incurred by 9 Props,
LLC, and the City of Kalamazoo Brownfield Redevelopment Authority (BRA). Tax increment
revenues will be captured for reimbursement from local tax increment revenues. School taxes
will only be captured to cover statutorily pre-approved activities and costs approved by the
Michigan Economic Development Corporation in a subsequent Act 381 Work Plan.
Fax: 269.337.8182
Page 21 of 885
Page 2
This amendment to the original Act 381 Brownfield Redevelopment Plan reflects cost increases
since early estimates were submitted in late 2022. The amended plan reflects a total cost of
eligible activities, inclusive of contingencies, of $944,911. BRA administrative costs are
anticipated to be as much as $111,976. The capture of tax increment revenue for the Local
Brownfield Revolving Fund (LBRF) is estimated to be as much as $564,373. The estimated cost
of all eligible activities under this plan is summarized in Table 1 in the attached Brownfield Plan.
Environmental Responsibility - A green and healthy City.
Funding for this project will support demolition and abatement within the existing building to remove hazardous mater
and bring the building up to all current building codes and health and safety codes.
Economic Vitality - A supportive infrastructure for growing businesses and stabilizing the local econ
for the benefit of all.
The project will convert unoccupied office space into vibrant commercial retail space on the first floor and 80 new apa
units.
Consult (two-way conversation) – the community will have a chance to react to the project
through two-way conversation.
Engagement/Communication Tools
The BRA provided public notice and mailed letters to all taxing jurisdictions to satisfy Act 381
noticing requirements. A public hearing for the proposed brownfield plan amendment was held
by the BRA on September 21 and provided an opportunity for stakeholders and the public to
comment on the project. There were no comments during the public hearing.
FISCAL IMPACT:
The fiscal impact includes the cost to implement the brownfield plan. The City and BRA
administrative costs are supported by tax increment revenues generated by the plan, up to
$111,976 over 15 years. The City will be positively impacted through the capture of tax
increment revenue to the Local Brownfield Revolving Fund (LBRF), and is estimated to be as
much as $564,373 collected over 5 years. The project will add over $2.275 million to the City tax
rolls after the brownfield plan is completed.
Fax: 269.337.8182
Page 22 of 885
CITY OF KALAMAZOO, MICHIGAN
RESOLUTION NO. ___________________
A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE ACT 381

BROWNFIELD PLAN FOR 203 N ROSE STREET
Minutes of a regular meeting of the City Commission of the City held on October
2, 2023 at 7:00 p.m., local time, at 241 W. South Street, Kalamazoo, Michigan.
PRESENT:
ABSENT:
The following resolution was offered by Commissioner ___________________ and

seconded by Commissioner ____________________.
RECITALS
A. On May 5, 1997 the City of Kalamazoo (“City”) created the City of Kalamazoo
Brownfield Redevelopment Authority (“Authority”), under the provisions of Act 381,
Public Acts of Michigan, 1996, as amended (“Act 381”).
B. Following the establishment of the Authority, the City has implemented Brownfield
Plans, as required under Act 381, for the purposes of identifying real estate parcels
for revitalization, redevelopment and reuse.
C. The Authority has implemented the First Amendment to the Brownfield Plan for the
redevelopment project at 203 N. Rose Street under Act 381.
D. Under Resolution No. 08-16, the City Commission delegated to the Authority the
public hearing process regarding any future proposed Act 381 Brownfield Plan,
including the First Amendment to the Brownfield Plan for 203 N. Rose Street.
E. On October 21, 2023 the Authority held a public hearing as required under Act 381
and approved the implementation of the First Amendment to the Brownfield Plan for
203 N. Rose Street.
F. Following the public hearing, the Authority adopted a resolution recommending that
the City Commission approve the First Amendment to the Brownfield Plan for 203 N.
Rose Street.
Page 23 of 885
G. The City Commission has reviewed Authority’s resolution and the First Amendment to
the Brownfield Plan for 203 N. Rose Street, and finds that this Plan constitutes a
public purpose in that:
a. Notice of the public hearing was given to all taxing authorities levying ad
valorem or specific taxes against any property affected by the First Amendment
to the Brownfield Plan for 203 N. Rose Street.
b. It meets all requirements of Section 13 of Act 381.
c. The proposed method of financing the costs of eligible activities of the First
Amendment to the Brownfield Plan for 203 N. Rose Street is feasible, and the
Authority has the authority to arrange the necessary financing.
d. The costs of the eligible activities proposed by the First Amendment to the
Brownfield Plan for 203 N. Rose Street are reasonable and necessary to carry
out the purposes of Act 381 and,
e. The amount of captured taxable value estimated to result from the First
Amendment to the Brownfield Plan for 203 N. Rose Street is reasonable.
THEREFORE, IT IS RESOLVED:
The First Amendment to the Brownfield Plan for 203 N. Rose Street, as
implemented by the City of Kalamazoo Brownfield Redevelopment Authority, is adopted
and approved.
AYES:
NAYS:
ABSTAIN:
RESOLUTION DECLARED ADOPTED.
CERTIFICATE
The foregoing is a true and complete copy of a resolution adopted by at a regular meeting
held on October 2, 2023. Public notice was given and the meeting was conducted in full
compliance with the Michigan Open Meetings Act (PA 267, 1976). Minutes of the meeting
will be available as required by Act 381.
__________________________
Scott A. Borling
City Clerk
Page 24 of 885
Act 381 Brownfield Plan
Arcadia Lofts
203 N Rose St.
Kalamazoo, MI 49007
City of Kalamazoo Brownfield

Redevelopment Authority
Project No. E220108
January 10, 2023
Amendment #1
September 1, 2023
Page 25 of 885
Act 381 Brownfield Plan
Arcadia Lofts
203 N Rose St.
Kalamazoo, MI 49007
Prepared For:
City of Kalamazoo Brownfield Redevelopment Authority
Kalamazoo, MI
January 10, 202327, 2023

Project No. E220108
Amendment #1
September 1, 2023
Recommended for Approval by the Brownfield Redevelopment Authority on: January 19, 2023
Adopted by the governing body of the local jurisdiction on: February 6, 2023
Amendment #1
Recommended for Approval by the Brownfield Redevelopment Authority: September 21, 2023
Adopted by the governing body of the local jurisdiction on: ________________
Page 26 of 885
Table of Contents Fishbeck | Page i
1.0 Introduction ................................................................................................................................................... 1

1.1 Proposed Redevelopment and Future Use for Each Eligible Property .............................................. 1
1.2 Eligible Property Information ............................................................................................................ 1
2.0 Information Required by Section 13(2) of the Statute ................................................................................... 1
2.1 Description of Costs to be Paid for with Tax Increment Revenues .................................................... 1
2.2 Summary of Eligible Activities ........................................................................................................... 3
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues .................................................. 3
2.4 Method of Financing and Description of Advances Made by the Municipality ................................ 4
2.5 Maximum Amount of Note or Bonded Indebtedness ....................................................................... 4
2.6 Duration of Brownfield Plan.............................................................................................................. 4
2.7 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions ........................ 4
2.8 Legal Description, Property Map, Statement of Qualifying Characteristics, and Personal Property . 4
2.9 Estimates of Residents and Displacement of Individuals/Families.................................................... 5
2.10 Plan for Relocation of Displaced Persons.......................................................................................... 5
2.11 Provisions for Relocation Costs ......................................................................................................... 5
2.12 Strategy for Compliance with Michigan’s Relocation Assistance Law............................................... 5
2.13 Other Material that the Authority or Governing Body Considers Pertinent ..................................... 5
List of Figures
Figure 1 – Location Map of the Eligible Property
Figure 2 – Site Plan
List of Tables
Table 1 – Summary of Eligible Costs
Table 2 – Total Captured Incremental Taxes Estimates
Table 3 – Estimated Reimbursement Schedule
List of Attachments
Attachment A: Brownfield Plan Resolution(s)
Attachment B: Development/Reimbursement Agreement
Attachment C: Notice to Taxing Jurisdictions
Attachment D: Notice of Public Hearing
Attachment E: Historic Designation
Page 27 of 885
September 1, 2023 Fishbeck | Page 1
1.0 Introduction
1.1 Proposed Redevelopment and Future Use for Each Eligible Property
The proposed project will facilitate the redevelopment of a .964-acre commercially developed piece of land. The
new development involves renovating the existing commercial building into a mix of uses, consisting of
commercial space on the first floor and converting the remaining four floors to residential. Additionally, the
project includes the partial deconstruction/demolition of the roof to add a three-story addition onto the western
portion of the existing structure. The development will include a total of 82 units upon completion. The residents
will have access to amenities such as a 15,000 square-foot courtyard along the creek which will also be accessible
to customers of the commercial space, a workout room, a yoga room, and storage space. The project will create 3
studio apartments ranging from 568 to 594 square feet, 70 one-bedroom apartments ranging from 618 to 1,100
square feet, and 9 two-bedroom apartments ranging from 1,036 to 1,284 square feet.
This plan helps to offset the cost gap associated with the redevelopment through the reimbursement of eligible
activities with the new tax increment generated by the redevelopment. This project is anticipated to create
approximately 25 new full-time equivalent positions paying an average wage of $20 per hour. The total capital
investment for the project is expected to be $25,000,000. The project is intended to start construction in the Fall
of 2023 and is anticipated to be completed by the end of 2024.
Overall, this project is set to serve a public purpose to the City of Kalamazoo, expanding the tax base, adding jobs,
investing significant capital into the community, and creating attainable housing. It is anticipated that 32 residential
units will be leased at rates that are affordable to individuals making 80-120% of the Area Median Income (AMI),
and three residential units will be leased at rates that are affordable to individuals making 60% of the AMI, based
on MSHDA standards for Kalamazoo County in 2022. The property qualifies as "eligible property" under Act 381 on
the basis of meeting the definition of a “historic resource” (Attachment E).
1.2 Eligible Property Information

Basis of Eligibility
The property is located in the City of Kalamazoo (the "City"), a qualified local governmental unit pursuant to Act
381. The property qualifies as "eligible property" under Act 381 on the basis of meeting the definition of a
“historic resource” (Attachment E).
Parcel ID 06-15-324-010
203 N Rose Street, Kalamazoo, Michigan, 49007
Approximately 0.964 acres
2.0 Information Required by Section 13(2) of the Statute

2.1 Description of Costs to be Paid for with Tax Increment Revenues
This Brownfield Plan has been developed to reimburse existing and anticipated costs to be incurred by 19 Props,
LLC, and the City of Kalamazoo. Tax increment revenues will be captured for reimbursement from local tax
increment revenues. School taxes will only be captured to cover statutorily pre-approved activities and costs
approved in a subsequent Act 381 Work Plan.
The total cost of eligible activities, inclusive of contingencies, is anticipated to be $944,911. Authority
administrative costs are anticipated to be as much as $113,661. The capture of tax increment revenue for the Local
Brownfield Revolving Fund (LBRF) is estimated to be as much as $524,530. The estimated cost of all eligible
activities under this plan is summarized in Table 1.
Z:\ENVIROLOGIC\PROJECTS\PROJECTS_C\CTYKZ\ARCADIA LOFTS\BF PLAN AMENDMENT\ARCADIA LOFTS BROWNFIELD PLAN AMENDMENT 2023_0901.DOCX
Page 28 of 885
2.1.1 Site Assessment and Baseline Environmental Assessment Activities

Eligible costs for reimbursement include Pre-Approved Activities: a Phase I Environmental Site Assessment and
Phase II Environmental Site Assessment ($7,500); a Baseline Environmental Assessment ($5,000); an Asbestos,
Lead, and Mold Survey ($8,000), and a Pre-Demolition Survey ($10,000). The total pre-approved activities cost is
$30,500. Pre-Approved Activities are statutorily eligible for reimbursement with both school and non-school tax
increment revenues.
2.1.2 Environmental Insurance
The adjacent and contiguous property is considered a facility due to existing contamination. Builder’s risk liability
insurance is anticipated to mitigate environmental risks that may be associated with the subject property. The
total cost of these activities is anticipated to be $2,000.
2.1.3 Lead and Asbestos Abatement
An Asbestos and Hazardous Building Materials Survey was completed on the project site and identified numerous
asbestos-containing materials. The cost of abatement, disposal, and monitoring is anticipated to total $37,604.
2.1.4 Building Demolition
A portion of the existing building is anticipated to be demolished in order to add a residential loft. The anticipated
cost of this partial deconstruction and demolition is $528,536. A portion of the basement and foundation will also
be demolished due to the renovations and utility removal, which is anticipated to cost $10,000.
2.1.5 Public Infrastructure
It is anticipated that sidewalks and bike paths will be demolished on-site and repaved for an estimated cost of
$30,000.
2.1.6 Site Demolition
Site demolition is anticipated on the eligible property. This demolition will include the removal of sidewalks and
bike paths ($20,000); other site demolition including but not limited to curbs, gutters, and other existing site
concrete and associated backfill, compaction, and grading costs (estimated at $50,000); and associated disposal
costs ($5,000). The soft costs associated with site demolition are estimated to cost $25,000. The total cost of
these activities is anticipated to be $100,000.
2.1.7 Site Preparation
Site preparation activities are anticipated in the subject project area and include compaction and sub-base
preparation ($33,000), staking ($7,000), temporary construction access ($10,000), and temporary erosion control
($500). The soft costs associated with site preparation are estimated to be $25,000. The total cost of these
activities is anticipated to be $75,500.
2.1.8 Brownfield Plan/Work Plan Preparation
Preparation of the Brownfield Plan is estimated to cost $4,000, which will be incurred by the City of Kalamazoo,
and development of the Act 381 Work Plan is estimated to cost $5,000 and will be incurred by the developer.
$2,500 is also anticipated for the Work Plan and Brownfield Plan implementation, to be incurred by the
developer. The total cost of these activities is anticipated to be $11,500.
2.1.9 Contingency
A 15% contingency on future costs is included to cover unexpected cost overruns encountered during
construction on future costs. The total contingency cost is anticipated at $119,271.
Page 29 of 885
2.1.10 Authority Administration Cost

Actual eligible costs incurred by the City of Kalamazoo Brownfield Redevelopment Authority are included in this
plan as an eligible expense at a flat fee of 10% of local tax capture. These expenses will be reimbursed with local
tax increment revenues only and are estimated to total as much as $113,661.
2.1.11 Local Brownfield Revolving Fund
The Authority intends to capture tax increments for deposits in the Local Brownfield Revolving Fund (LBRF) for a
full five years, or as allowed by the statute. This capture is estimated to be as much as $524,530.
2.2 Summary of Eligible Activities

Environmental Activities
Pre-approved environmental costs are anticipated to be reimbursed through a Brownfield Plan using both school
and non-school tax increment revenues. Other environmental activities include environmental insurance, which is
anticipated to be reimbursed with local-only tax capture.
Non-Environmental Activities
Because the City of Kalamazoo is a Qualified Local Governmental Unit (“QLGU”), additional non-environmental
costs (“Michigan Strategic Fund [“MSF”] Eligible Activities”) can be reimbursed through a Brownfield Plan. This plan
will provide for reimbursement of eligible lead and asbestos abatement, building demolition, public infrastructure,
site demolition, site preparation, and development of the Brownfield Plan and Act 381 Work Plan costs. It is
anticipated that an Act 381 Work Plan will be pursued, and upon approval, these costs will be reimbursed with
school and non-school tax increment revenues.
Authority Expenses
Actual eligible costs incurred by the City of Kalamazoo Brownfield Redevelopment Authority are included in this
plan as an eligible expense, at a flat fee of 10% of local tax capture. These expenses will be reimbursed with local
tax increment revenues only and are estimated to be as much as $113,661.
Contingencies
A 15% contingency on future costs is included to cover unexpected cost overruns encountered during construction
on future costs. The total contingency cost is $119,271.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues

The initial taxable value will be the 2023 taxable value, $875,000. An estimate of the captured taxable value for
this redevelopment by year is depicted in Table 2. A Neighborhood Enterprise Zone (NEZ) is being considered for
the residential portion of the property which will impact the project’s tax capture for up to 15 years following the
establishment of the NEZ. The NEZ designation does not impact the tax capture of the land and commercial
portion of the property. This plan captures all available tax increment revenues, including real and personal
property tax increment revenues.
Project activities will be initiated in 2023 with construction occurring into 2024. It is anticipated that the new
construction will be completed by the end of 2024. Tax increment revenue collection will start within five years of
the adoption of this plan and is anticipated to begin as early as 2025.
After the completion of the project, the projected taxable value is estimated at $3,150,000. Reimbursements will
be made on the actual tax increment that is realized. The estimated captured taxable value for this
redevelopment by year and in aggregate for each taxing jurisdiction is depicted in tabular form (Table 2). Once
eligible expenses are reimbursed, the Authority may capture up to five full years of the tax increment and deposit
Page 30 of 885
the revenues into an LBRF or an amount not to exceed the total cost of eligible activities. The plan also includes a
flat fee of 10% of the local tax increment for administrative and operating expenses of the City of Kalamazoo
Brownfield Redevelopment Authority. A summary of the estimated reimbursement schedule and the amount of
capture into the LBRF by year and in aggregate is presented in Table 3.
2.4 Method of Financing and Description of Advances Made by the Municipality

The eligible activities contemplated under this plan will be financed by the developer and the City of Kalamazoo
Brownfield Redevelopment Authority, as outlined in this plan and the accompanying development agreement. No
advances from the city are anticipated at this time.
2.5 Maximum Amount of Note or Bonded Indebtedness

At this time, there are no plans by the Authority to incur indebtedness to support the development of this site,
but such plans could be made in the future to assist in the development if the Authority so chooses.
2.6 Duration of Brownfield Plan

The Authority intends to begin the capture of tax increment as early as 2025. This plan will then remain in place
for 20 years, or until the eligible activities have been fully reimbursed and up to five full years of capture into the
LBRF (not to exceed the amount of eligible activities), whichever occurs sooner. An analysis showing the
reimbursement schedule is attached in Table 3.
2.7 Estimated Impact of Tax Increment Financing on Revenues of Taxing

Jurisdictions
An estimate of the impact of tax increment financing on the revenues of all taxing jurisdictions is illustrated in
detail within Table 2.
2.8 Legal Description, Property Map, Statement of Qualifying Characteristics,

and Personal Property
The property area subject to this plan consists of one parcel that is approximately 0.964 acres in size and is
located at 203 N Rose Street in the City of Kalamazoo, Michigan. The parcel ID for the subject property is 06-15-
324-010. A map showing eligible property dimensions is attached in Figure 1.
The legal description for the parcel is as follows:
Parcel ID #06-15-324-010:
PLAT OF TOWN (NOW CITY) OF KALAMAZOO, Liber 6 of Plats Page 8; being Lots 5, 6, 7, 8 & the east 1/2 of
vacated Church Street in Block 4 more particularly described as follows: Beginning at the southeast corner
of Block 4, said point being the southeast corner of Lot 5; thence N 89deg 59min 41sec W 301.24ft along
the south line of Block 4, also being the north line of West Water Street, and its extension to the center
line of North Church Street, now vacated (Liber 1473 Page 378); thence N 00deg 09min 42sec E 139.39ft
along said center line; thence N 89deg 59min 55sec E 301.12ft to the east line of Block 4, also being the
west line of North Rose Street, at a point 139.43ft north from the southeast corner of Block 4; thence S
00deg 06min 42sec W 139.43ft along the east line of Block 4, also being the west line of North Rose
Street, to the south line of Block 4, also being the south line of West Water Street, said point also being
the southeast corner of Lot 5 and the place of beginning. Parcel contains approximately 41,987 square
feet.
The property is located in the City of Kalamazoo (the "City"), a qualified local governmental unit pursuant to Act
381. The property qualifies as "eligible property" under Act 381 on the basis of meeting the definition of a
Page 31 of 885
“historic resource” (Attachment E). This Brownfield Plan does intend to capture tax increment revenues
associated with personal property tax, if available.
2.9 Estimates of Residents and Displacement of Individuals/Families

There are no residents or families residing at this property, and thus no residents, families, or individuals will be
displaced by the project.
2.10 Plan for Relocation of Displaced Persons

No persons reside on the eligible property. Therefore, this section is not applicable.
2.11 Provisions for Relocation Costs

2.12 Strategy for Compliance with Michigan’s Relocation Assistance Law

2.13 Other Material that the Authority or Governing Body Considers Pertinent
This plan helps to offset the cost gap associated with the redevelopment of the subject property and adjoining
right-of-way through the reimbursement of eligible activities with the new tax increment generated by the mixed-
use construction. The project will improve public infrastructure through the repaving of bike paths and sidewalks.
This project also promotes walkability and advances the City of Kalamazoo’s live-work goals, as it will deliver 82
residential units in close proximity to retail and restaurant establishments, and office businesses. The resulting
project will increase housing and work opportunities and increase the tax base of the city.
Page 32 of 885
Figure 1
Location Map
Page 33 of 885
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KALAMAZOO COUNTY
KALAMAZOO, MICHIGAN
SOURCE:KALAMAZOO, MICHIGAN USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE MAPS
MAPTECH© U.S. TERRAIN SERIES™ ®MAPTECH©, INC. 606-433-8500
000000 AAAAAA File: AA.dgn Model: Location Map
PROJECT NO.
ARCADIA LOFTS 220108
BROWNFIELD PLAN
FIGURE No.
203 N ROSE ST
KALAMAZOO, MI 49007
0 500 1000 2000 4000
LOCATION MAP 1
SCALE 1" = 2000'
Page 34 of 885
Figure 2
Site Plan
Page 35 of 885
APPROXIMATE PROPERTY BOUNDARY
PARCEL #06-15-324-010
203 N ROSE ST
M ATE PROPERTY BOUNDARY

M ATE PROPERTY BOUNDARY
NOTE:
THIS IS NOT A PROPERTY BOUNDARY SURVEY, PROPERTY BOUNDARIES SHOWN ON THIS MAP
ARE BASED ON AVAILABLE FURNISHED INFORMATION AND ARE APPROXIMATE ONLY AND
SHOULD NOT BE USED TO ESTABLISH PROPERTY BOUNDARY LOCATION IN THE FIELD.
APPROXI
ARCADIA LOFTS
APPROXI
BROWNFIELD PLAN
203 N ROSE ST
KALAMAZOO, MI 49007
SITE PLAN
APPROXIMATE PROPERTY BOUNDARY
PROJECT NO.
220108
000000 AAAAAA File: Model:
FIGURE No.
2
Page 36 of 885
Table 1
Summary of Eligible Activities
Page 37 of 885
EGLE Eligible Activities Costs and Schedule
Completion
EGLE Eligible Activities Cost
Season/Year
Department Specific Activities $30,500 2022
Phase I & II Environmental Site Assessment $7,500
Baseline Environmental Assessment $5,000
Asbestos, Lead, and Mold Surveys $8,000
Pre-Demolition Survey $10,000
EGLE Eligible Activities Subtotal $30,500

Contingency (0%) $0
Interest (0%) $0
EGLE Eligible Activities Total Costs $30,500
Page 38 of 885
MSF Eligible Activities Costs and Schedule
Completion
MSF Eligible Activities Cost
Season/Year
Lead and Asbestos Abatement $37,604 2023–2024
Abatement Including Disposal and Air Monitoring $37,604
Building Demolition $538,536 2023–2024

Building Demolition/Deconstruction $528,536
Foundation and Basement Removals $10,000
Public Infrastructure $30,000 2023–2024

Sidewalks, Bike Paths $30,000
Site Demolition $100,000 2023–2024

Sidewalks, Bike Paths Removal $20,000
Other Site Demolition $50,000
Disposal, Recycling $5,000
Soft Costs $25,000
Site Preparation $75,500 2023–2024

Compaction & Sub-base Preparation $33,000
Staking $7,000
Temporary Construction Access/Roads $10,000
Temporary Erosion Control $500
Soft Costs $25,000
Brownfield Plan/Act 381 Work Plan $11,500 2023–2024

Brownfield Plan Preparation $4,000
Work Plan Preparation $5,000
Brownfield Plan and/or Work Plan Implementation $2,500
MSF Eligible Activities Subtotal $793,140

Contingency (15%) $118,971
Interest (0%) $0
MSF Eligible Activities Total Costs $912,111
Page 39 of 885
Local Only Eligible Activities Costs and Schedule
Completion
Local Only Eligible Activities Cost
Season/Year
Environmental Insurance $2,000 2023–2024
Authority Administration Fee (10%) $113,661
Local Only Eligible Activities Subtotal $115,661

Contingency (15%) $300
Interest (0%) $0
Local Only Eligible Activities Total Costs $115,961
Page 40 of 885
Table 2
Total Captured Incremental Taxes Estimates
Page 41 of 885
Commercial Tax Increment Revenue Capture Estimates
Arcadia Lofts
203 N Rose St.
September 2023
Estimated Taxable Value (TV) Increase Rate:

1%
Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL
Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
*Base Taxable Value $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ 218,750 $ -
Estimated New TV $ 315,000 $ 318,150 $ 321,332 $ 324,545 $ 327,790 $ 331,068 $ 334,379 $ 337,723 $ 341,100 $ 344,511 $ 347,956 $ 351,436 $ 354,950 $ 358,499 $ 362,084 $ 365,705 $ 369,362 $ 373,056 $ 376,786 $ 380,554 $ -
Incremental Difference (New TV - Base TV) $ 96,250 $ 99,400 $ 102,582 $ 105,795 $ 109,040 $ 112,318 $ 115,629 $ 118,973 $ 122,350 $ 125,761 $ 129,206 $ 132,686 $ 136,200 $ 139,749 $ 143,334 $ 146,955 $ 150,612 $ 154,306 $ 158,036 $ 161,804 $ -
School Capture Millage Rate

State Education Tax (SET) 6.0000 $ 578 $ 596 $ 615 $ 635 $ 654 $ 674 $ 694 $ 714 $ 734 $ 755 $ 775 $ 796 $ 817 $ 838 $ 860 $ 882 $ - $ - $ - $ - $ 11,617
School Operating Tax 17.8704 $ 1,720 $ 1,776 $ 1,833 $ 1,891 $ 1,949 $ 2,007 $ 2,066 $ 2,126 $ 2,186 $ 2,247 $ 2,309 $ 2,371 $ 2,434 $ 2,497 $ 2,561 $ 2,626 $ - $ - $ - $ - $ 34,601
School Total 23.8704 $ 2,298 $ 2,373 $ 2,449 $ 2,525 $ 2,603 $ 2,681 $ 2,760 $ 2,840 $ 2,921 $ 3,002 $ 3,084 $ 3,167 $ 3,251 $ 3,336 $ 3,421 $ 3,508 $ - $ - $ - $ - $ 46,219
Local Capture Millage Rate

County Public Safety 1.4380 $ 138 $ 143 $ 148 $ 152 $ 157 $ 162 $ 166 $ 171 $ 176 $ 181 $ 186 $ 191 $ 196 $ 201 $ 206 $ 211 $ 217 $ 222 $ 227 $ 233 $ 3,683
County 911 0.6459 $ 62 $ 64 $ 66 $ 68 $ 70 $ 73 $ 75 $ 77 $ 79 $ 81 $ 83 $ 86 $ 88 $ 90 $ 93 $ 95 $ 97 $ 100 $ 102 $ 105 $ 1,654
County Housing 0.7453 $ 72 $ 74 $ 76 $ 79 $ 81 $ 84 $ 86 $ 89 $ 91 $ 94 $ 96 $ 99 $ 102 $ 104 $ 107 $ 110 $ 112 $ 115 $ 118 $ 121 $ 1,909
County Seniors 0.3462 $ 33 $ 34 $ 36 $ 37 $ 38 $ 39 $ 40 $ 41 $ 42 $ 44 $ 45 $ 46 $ 47 $ 48 $ 50 $ 51 $ 52 $ 53 $ 55 $ 56 $ 887
KRESA CTE 0.9903 $ 95 $ 98 $ 102 $ 105 $ 108 $ 111 $ 115 $ 118 $ 121 $ 125 $ 128 $ 131 $ 135 $ 138 $ 142 $ 146 $ 149 $ 153 $ 157 $ 160 $ 2,536
KRESA Operating 3.0091 $ 290 $ 299 $ 309 $ 318 $ 328 $ 338 $ 348 $ 358 $ 368 $ 378 $ 389 $ 399 $ 410 $ 421 $ 431 $ 442 $ 453 $ 464 $ 476 $ 487 $ 7,706
KRESA Enhancement 1.4918 $ 144 $ 148 $ 153 $ 158 $ 163 $ 168 $ 172 $ 177 $ 183 $ 188 $ 193 $ 198 $ 203 $ 208 $ 214 $ 219 $ 225 $ 230 $ 236 $ 241 $ 3,820
KRESA Special Ed 1.4941 $ 144 $ 149 $ 153 $ 158 $ 163 $ 168 $ 173 $ 178 $ 183 $ 188 $ 193 $ 198 $ 203 $ 209 $ 214 $ 220 $ 225 $ 231 $ 236 $ 242 $ 3,826
Kal Public Library 3.8999 $ 375 $ 388 $ 400 $ 413 $ 425 $ 438 $ 451 $ 464 $ 477 $ 490 $ 504 $ 517 $ 531 $ 545 $ 559 $ 573 $ 587 $ 602 $ 616 $ 631 $ 9,988
City Operating 12.0000 $ 1,155 $ 1,193 $ 1,231 $ 1,270 $ 1,308 $ 1,348 $ 1,388 $ 1,428 $ 1,468 $ 1,509 $ 1,550 $ 1,592 $ 1,634 $ 1,677 $ 1,720 $ 1,763 $ 1,807 $ 1,852 $ 1,896 $ 1,942 $ 30,732
City Solid Waste 1.8000 $ 173 $ 179 $ 185 $ 190 $ 196 $ 202 $ 208 $ 214 $ 220 $ 226 $ 233 $ 239 $ 245 $ 252 $ 258 $ 265 $ 271 $ 278 $ 284 $ 291 $ 4,610
Cen Cnty Transit 0.8935 $ 86 $ 89 $ 92 $ 95 $ 97 $ 100 $ 103 $ 106 $ 109 $ 112 $ 115 $ 119 $ 122 $ 125 $ 128 $ 131 $ 135 $ 138 $ 141 $ 145 $ 2,288
County Operating 4.6318 $ 446 $ 460 $ 475 $ 490 $ 505 $ 520 $ 536 $ 551 $ 567 $ 582 $ 598 $ 615 $ 631 $ 647 $ 664 $ 681 $ 698 $ 715 $ 732 $ 749 $ 11,862
County Transit 0.3110 $ 30 $ 31 $ 32 $ 33 $ 34 $ 35 $ 36 $ 37 $ 38 $ 39 $ 40 $ 41 $ 42 $ 43 $ 45 $ 46 $ 47 $ 48 $ 49 $ 50 $ 796
KVCC 2.7802 $ 268 $ 276 $ 285 $ 294 $ 303 $ 312 $ 321 $ 331 $ 340 $ 350 $ 359 $ 369 $ 379 $ 389 $ 398 $ 409 $ 419 $ 429 $ 439 $ 450 $ 7,120
Kalamazoo DDA 1.9638 $ 189 $ 195 $ 201 $ 208 $ 214 $ 221 $ 227 $ 234 $ 240 $ 247 $ 254 $ 261 $ 267 $ 274 $ 281 $ 289 $ 296 $ 303 $ 310 $ 318 $ 5,029
Local Total 38.4409 $ 3,700 $ 3,821 $ 3,943 $ 4,067 $ 4,192 $ 4,318 $ 4,445 $ 4,573 $ 4,703 $ 4,834 $ 4,967 $ 5,101 $ 5,236 $ 5,372 $ 5,510 $ 5,649 $ 5,790 $ 5,932 $ 6,075 $ 6,220 $ 98,447
Non-Capturable Millages Millage Rate

County Debt 0.1613 $ 16 $ 16 $ 17 $ 17 $ 18 $ 18 $ 19 $ 19 $ 20 $ 20 $ 21 $ 21 $ 22 $ 23 $ 23 $ 24 $ 24 $ 25 $ 25 $ 26 $ 413
School Debt 8.2000 $ 789 $ 815 $ 841 $ 868 $ 894 $ 921 $ 948 $ 976 $ 1,003 $ 1,031 $ 1,059 $ 1,088 $ 1,117 $ 1,146 $ 1,175 $ 1,205 $ 1,235 $ 1,265 $ 1,296 $ 1,327 $ 21,000
Total Non-Capturable Taxes 8.3613 $ 805 $ 831 $ 858 $ 885 $ 912 $ 939 $ 967 $ 995 $ 1,023 $ 1,052 $ 1,080 $ 1,109 $ 1,139 $ 1,168 $ 1,198 $ 1,229 $ 1,259 $ 1,290 $ 1,321 $ 1,353 $ 21,413
Total
Total Tax Increment Revenue (TIR) Available for Capture $ 5,997 $ 6,194 $ 6,392 $ 6,592 $ 6,794 $ 6,999 $ 7,205 $ 7,413 $ 7,624 $ 7,836 $ 8,051 $ 8,268 $ 8,487 $ 8,708 $ 8,931 $ 9,157 $ 5,790 $ 5,932 $ 6,075 $ 6,220 $ 144,665
Footnotes:
Table uses Summer 2023 millages and estimated Witner 2023 millages.
November 2019
Page 42 of 885
Residential Rehabilitation Tax Increment Revenue Capture Estimates
Arcadia Lofts
203 N Rose St.
September 2023

1% NEZ Phase In
Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL
Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
Estimated New TV $ 1,260,000 $ 1,272,600 $ 1,285,326 $ 1,298,179 $1,311,161 $ 1,324,273 $ 1,337,515 $ 1,350,891 $ 1,364,399 $ 1,378,043 $ 1,391,824 $ 1,405,742 $ 1,419,800 $ 1,433,998 $ 1,448,338 $ 1,462,821 $ 1,477,449 $ 1,492,224 $ 1,507,146 $ 1,522,217 $ -
NEZ TV $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250 $ 656,250
Incremental Difference (New TV - Base TV) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 763,550 $ 777,748 $ 792,088 $ 806,571 $ 821,199 $ 835,974 $ 850,896 $ 865,967 $ -
School Capture Millage Rate NEZ Rate

State Education Tax (SET) 6.0000 1.9881 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 4,581 $ 4,666 $ 4,753 $ 4,839 $ - $ - $ - $ - $ 18,840
School Operating Tax 17.8704 9.4000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 13,645 $ 13,899 $ 14,155 $ 14,414 $ - $ - $ - $ - $ 56,112
School Total 23.8704 11.3881 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 18,226 $ 18,565 $ 18,907 $ 19,253 $ - $ - $ - $ - $ 74,952
Local Capture Millage Rate NEZ Rate

County Public Safety 1.4380 0.4764 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,098 $ 1,118 $ 1,139 $ 1,160 $ 1,181 $ 1,202 $ 1,224 $ 1,245 $ 9,367
County 911 0.6459 0.2140 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 493 $ 502 $ 512 $ 521 $ 530 $ 540 $ 550 $ 559 $ 4,207
County Housing 0.7453 0.2469 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 569 $ 580 $ 590 $ 601 $ 612 $ 623 $ 634 $ 645 $ 4,855
County Seniors 0.3462 0.1147 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 264 $ 269 $ 274 $ 279 $ 284 $ 289 $ 295 $ 300 $ 2,255
KRESA CTE 0.9903 0.3281 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 756 $ 770 $ 784 $ 799 $ 813 $ 828 $ 843 $ 858 $ 6,451
KRESA Operating 3.0091 0.9969 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,298 $ 2,340 $ 2,383 $ 2,427 $ 2,471 $ 2,516 $ 2,560 $ 2,606 $ 19,601
KRESA Enhancement 1.4918 0.4942 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,139 $ 1,160 $ 1,182 $ 1,203 $ 1,225 $ 1,247 $ 1,269 $ 1,292 $ 9,718
KRESA Special Ed 1.4941 0.4950 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,141 $ 1,162 $ 1,183 $ 1,205 $ 1,227 $ 1,249 $ 1,271 $ 1,294 $ 9,733
Kal Public Library 3.8999 1.2921 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,978 $ 3,033 $ 3,089 $ 3,146 $ 3,203 $ 3,260 $ 3,318 $ 3,377 $ 25,404
City Operating 12.0000 3.9762 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 5,727 $ 7,000 $ 8,317 $ 9,679 $ 9,854 $ 10,032 $ 10,211 $ 10,392 $ 71,211
City Solid Waste 1.8000 0.5964 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,374 $ 1,400 $ 1,426 $ 1,452 $ 1,478 $ 1,505 $ 1,532 $ 1,559 $ 11,725
Cen Cnty Transit 0.8935 0.2961 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 682 $ 695 $ 708 $ 721 $ 734 $ 747 $ 760 $ 774 $ 5,820
County Operating 4.6318 1.5348 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,210 $ 2,702 $ 3,210 $ 3,736 $ 3,804 $ 3,872 $ 3,941 $ 4,011 $ 27,486
County Transit 0.3110 0.1031 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 237 $ 242 $ 246 $ 251 $ 255 $ 260 $ 265 $ 269 $ 2,026
KVCC 2.7802 0.9212 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,123 $ 2,162 $ 2,202 $ 2,242 $ 2,283 $ 2,324 $ 2,366 $ 2,408 $ 18,110
Kalamazoo DDA 1.9638 0.6507 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,499 $ 1,527 $ 1,556 $ 1,584 $ 1,613 $ 1,642 $ 1,671 $ 1,701 $ 12,792
Local Total 38.4409 12.73676 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 24,589 $ 26,663 $ 28,802 $ 31,005 $ 31,568 $ 32,136 $ 32,709 $ 33,289 $ 240,761
Non-Capturable Millages Millage Rate NEZ Rate

County Debt 0.1613 0.0534 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 77 $ 94 $ 112 $ 130 $ 132 $ 135 $ 137 $ 140 $ 957
School Debt 8.2000 2.7167 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,261 $ 6,378 $ 6,495 $ 6,614 $ 6,734 $ 6,855 $ 6,977 $ 7,101 $ 53,415
Total Non-Capturable Taxes 8.3613 2.7701 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,338 $ 6,472 $ 6,607 $ 6,744 $ 6,866 $ 6,990 $ 7,115 $ 7,241 $ 54,372
Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1 $ 42,816 $ 45,229 $ 47,709 $ 50,258 $ 31,568 $ 32,136 $ 32,709 $ 33,289 $ 315,714
Footnotes:
NEZ Rate 26.895
Reduction proportion 0.3806
** NEZ Phase in only applies to County and City Millages
Page 43 of 885
New Residential Tax Increment Revenue Capture Estimates
Arcadia Lofts
203 N Rose St.
September 2023

1% NEZ Phase In
Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL
Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
*Base Taxable Value $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Estimated New TV $ 1,575,000 $ 1,590,750 $ 1,606,658 $ 1,622,724 $ 1,638,951 $ 1,655,341 $ 1,671,894 $ 1,688,613 $ 1,705,499 $ 1,722,554 $ 1,739,780 $ 1,757,178 $ 1,774,749 $ 1,792,497 $ 1,810,422 $ 1,828,526 $ 1,846,811 $ 1,865,279 $ 1,883,932 $ 1,902,772 $ -
Incremental Difference (New TV - Base TV) $ 1,575,000 $ 1,590,750 $ 1,606,658 $ 1,622,724 $ 1,638,951 $ 1,655,341 $ 1,671,894 $ 1,688,613 $ 1,705,499 $ 1,722,554 $ 1,739,780 $ 1,757,178 $ 1,774,749 $ 1,792,497 $ 1,810,422 $ 1,828,526 $ 1,846,811 $ 1,865,279 $ 1,883,932 $ 1,902,772 $ -

State Education Tax (SET) 6.0000 1.9881 $ 3,131 $ 3,163 $ 3,194 $ 3,226 $ 3,258 $ 3,291 $ 3,324 $ 3,357 $ 3,391 $ 3,425 $ 3,459 $ 3,493 $ 10,648 $ 10,755 $ 10,863 $ 10,971 $ - $ - $ - $ - $ 82,950
School Operating Tax 17.8704 9.4000 $ 14,805 $ 14,953 $ 15,103 $ 15,254 $ 15,406 $ 15,560 $ 15,716 $ 15,873 $ 16,032 $ 16,192 $ 16,354 $ 16,517 $ 31,715 $ 32,033 $ 32,353 $ 32,676 $ - $ - $ - $ - $ 316,542
School Total 23.8704 11.3881 $ 17,936 $ 18,116 $ 18,297 $ 18,480 $ 18,665 $ 18,851 $ 19,040 $ 19,230 $ 19,422 $ 19,617 $ 19,813 $ 20,011 $ 42,364 $ 42,788 $ 43,215 $ 43,648 $ - $ - $ - $ - $ 399,492

County Public Safety 1.4380 0.4764 $ 750 $ 758 $ 765 $ 773 $ 781 $ 789 $ 797 $ 804 $ 813 $ 821 $ 829 $ 837 $ 2,552 $ 2,578 $ 2,603 $ 2,629 $ 2,656 $ 2,682 $ 2,709 $ 2,736 $ 30,662
County 911 0.6459 0.2140 $ 337 $ 340 $ 344 $ 347 $ 351 $ 354 $ 358 $ 361 $ 365 $ 369 $ 372 $ 376 $ 1,146 $ 1,158 $ 1,169 $ 1,181 $ 1,193 $ 1,205 $ 1,217 $ 1,229 $ 13,772
County Housing 0.7453 0.2469 $ 389 $ 393 $ 397 $ 401 $ 405 $ 409 $ 413 $ 417 $ 421 $ 425 $ 430 $ 434 $ 1,323 $ 1,336 $ 1,349 $ 1,363 $ 1,376 $ 1,390 $ 1,404 $ 1,418 $ 15,892
County Seniors 0.3462 0.1147 $ 181 $ 182 $ 184 $ 186 $ 188 $ 190 $ 192 $ 194 $ 196 $ 198 $ 200 $ 202 $ 614 $ 621 $ 627 $ 633 $ 639 $ 646 $ 652 $ 659 $ 7,382
KRESA CTE 0.9903 0.3281 $ 517 $ 522 $ 527 $ 532 $ 538 $ 543 $ 549 $ 554 $ 560 $ 565 $ 571 $ 577 $ 1,758 $ 1,775 $ 1,793 $ 1,811 $ 1,829 $ 1,847 $ 1,866 $ 1,884 $ 21,116
KRESA Operating 3.0091 0.9969 $ 1,570 $ 1,586 $ 1,602 $ 1,618 $ 1,634 $ 1,650 $ 1,667 $ 1,683 $ 1,700 $ 1,717 $ 1,734 $ 1,752 $ 5,340 $ 5,394 $ 5,448 $ 5,502 $ 5,557 $ 5,613 $ 5,669 $ 5,726 $ 64,162
KRESA Enhancement 1.4918 0.4942 $ 778 $ 786 $ 794 $ 802 $ 810 $ 818 $ 826 $ 835 $ 843 $ 851 $ 860 $ 868 $ 2,648 $ 2,674 $ 2,701 $ 2,728 $ 2,755 $ 2,783 $ 2,810 $ 2,839 $ 31,809
KRESA Special Ed 1.4941 0.4950 $ 780 $ 787 $ 795 $ 803 $ 811 $ 819 $ 828 $ 836 $ 844 $ 853 $ 861 $ 870 $ 2,652 $ 2,678 $ 2,705 $ 2,732 $ 2,759 $ 2,787 $ 2,815 $ 2,843 $ 31,858
Kal Public Library 3.8999 1.2921 $ 2,035 $ 2,055 $ 2,076 $ 2,097 $ 2,118 $ 2,139 $ 2,160 $ 2,182 $ 2,204 $ 2,226 $ 2,248 $ 2,270 $ 6,921 $ 6,991 $ 7,060 $ 7,131 $ 7,202 $ 7,274 $ 7,347 $ 7,421 $ 83,157
City Operating 12.0000 3.9762 $ 6,263 $ 6,325 $ 6,388 $ 6,452 $ 6,517 $ 6,582 $ 6,648 $ 6,714 $ 6,781 $ 6,849 $ 6,918 $ 6,987 $ 13,311 $ 16,132 $ 19,009 $ 21,942 $ 22,162 $ 22,383 $ 22,607 $ 22,833 $ 239,805
City Solid Waste 1.8000 0.5964 $ 939 $ 949 $ 958 $ 968 $ 978 $ 987 $ 997 $ 1,007 $ 1,017 $ 1,027 $ 1,038 $ 1,048 $ 3,195 $ 3,226 $ 3,259 $ 3,291 $ 3,324 $ 3,358 $ 3,391 $ 3,425 $ 38,383
Cen Cnty Transit 0.8935 0.2961 $ 466 $ 471 $ 476 $ 480 $ 485 $ 490 $ 495 $ 500 $ 505 $ 510 $ 515 $ 520 $ 1,586 $ 1,602 $ 1,618 $ 1,634 $ 1,650 $ 1,667 $ 1,683 $ 1,700 $ 19,053
County Operating 4.6318 1.5348 $ 2,417 $ 2,441 $ 2,466 $ 2,490 $ 2,515 $ 2,541 $ 2,566 $ 2,592 $ 2,618 $ 2,644 $ 2,670 $ 2,697 $ 5,138 $ 6,227 $ 7,337 $ 8,469 $ 8,554 $ 8,640 $ 8,726 $ 8,813 $ 92,561
County Transit 0.3110 0.1031 $ 162 $ 164 $ 166 $ 167 $ 169 $ 171 $ 172 $ 174 $ 176 $ 178 $ 179 $ 181 $ 552 $ 557 $ 563 $ 569 $ 574 $ 580 $ 586 $ 592 $ 6,632
KVCC 2.7802 0.9212 $ 1,451 $ 1,465 $ 1,480 $ 1,495 $ 1,510 $ 1,525 $ 1,540 $ 1,556 $ 1,571 $ 1,587 $ 1,603 $ 1,619 $ 4,934 $ 4,983 $ 5,033 $ 5,084 $ 5,135 $ 5,186 $ 5,238 $ 5,290 $ 59,284
Kalamazoo DDA 1.9638 0.6507 $ 1,025 $ 1,035 $ 1,045 $ 1,056 $ 1,066 $ 1,077 $ 1,088 $ 1,099 $ 1,110 $ 1,121 $ 1,132 $ 1,143 $ 3,485 $ 3,520 $ 3,555 $ 3,591 $ 3,627 $ 3,663 $ 3,700 $ 3,737 $ 41,876
Local Total 38.4409 12.73676 $ 20,060 $ 20,261 $ 20,464 $ 20,668 $ 20,875 $ 21,084 $ 21,295 $ 21,507 $ 21,723 $ 21,940 $ 22,159 $ 22,381 $ 57,154 $ 61,452 $ 65,830 $ 70,290 $ 70,993 $ 71,703 $ 72,420 $ 73,144 $ 797,403

County Debt 0.1613 0.0534 $ 254 $ 257 $ 259 $ 262 $ 264 $ 267 $ 270 $ 272 $ 275 $ 278 $ 281 $ 283 $ 286 $ 289 $ 292 $ 295 $ 298 $ 301 $ 304 $ 307 $ 5,594
School Debt 8.2000 2.7167 $ 4,279 $ 4,322 $ 4,365 $ 4,408 $ 4,453 $ 4,497 $ 4,542 $ 4,587 $ 4,633 $ 4,680 $ 4,726 $ 4,774 $ 14,553 $ 14,698 $ 14,845 $ 14,994 $ 15,144 $ 15,295 $ 15,448 $ 15,603 $ 174,847
Total Non-Capturable Taxes 8.3613 2.7701 $ 4,533 $ 4,578 $ 4,624 $ 4,670 $ 4,717 $ 4,764 $ 4,812 $ 4,860 $ 4,908 $ 4,957 $ 5,007 $ 5,057 $ 14,839 $ 14,988 $ 15,137 $ 15,289 $ 15,442 $ 15,596 $ 15,752 $ 15,910 $ 180,441
Total Tax Increment Revenue (TIR) Available for Capture $ 37,997 $ 38,377 $ 38,760 $ 39,148 $ 39,539 $ 39,935 $ 40,334 $ 40,738 $ 41,145 $ 41,556 $ 41,972 $ 42,392 $ 99,518 $ 104,240 $ 109,046 $ 113,938 $ 70,993 $ 71,703 $ 72,420 $ 73,144 $ 1,196,895
Footnotes:
NEZ Rate 26.895
Page 44 of 885
Summary of Tax Increment Revenue Capture Estimates
Arcadia Lofts
203 N Rose St.
September 2023

NEZ Phase In
Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL
Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
Estimated New TV $ 3,150,000 $ 3,181,500 $ 3,213,315 $ 3,245,448 $ 3,277,903 $ 3,310,682 $ 3,343,788 $ 3,377,226 $ 3,410,999 $ 3,445,109 $ 3,479,560 $ 3,514,355 $ 3,549,499 $ 3,584,994 $ 3,620,844 $ 3,657,052 $ 3,693,623 $ 3,730,559 $ 3,767,865 $ 3,805,543 $ -
Incremental Difference (New TV - Base TV) $ 2,275,000 $ 2,306,500 $ 2,338,315 $ 2,370,448 $ 2,402,903 $ 2,435,682 $ 2,468,788 $ 2,502,226 $ 2,535,999 $ 2,570,109 $ 2,604,560 $ 2,639,355 $ 2,674,499 $ 2,709,994 $ 2,745,844 $ 2,782,052 $ 2,818,623 $ 2,855,559 $ 2,892,865 $ 2,930,543 $ -

State Education Tax (SET) 6.0000 1.9881 $ 3,709 $ 3,759 $ 3,810 $ 3,861 $ 3,913 $ 3,965 $ 4,018 $ 4,071 $ 4,125 $ 4,179 $ 4,234 $ 4,290 $ 16,047 $ 16,260 $ 16,475 $ 16,692 $ - $ - $ - $ - $ 113,407
School Operating Tax 17.8704 9.4000 $ 16,525 $ 16,729 $ 16,936 $ 17,144 $ 17,355 $ 17,567 $ 17,782 $ 17,999 $ 18,218 $ 18,439 $ 18,663 $ 18,889 $ 47,794 $ 48,429 $ 49,069 $ 49,716 $ - $ - $ - $ - $ 407,255
School Total 23.8704 11.3881 $ 20,234 $ 20,488 $ 20,745 $ 21,005 $ 21,267 $ 21,532 $ 21,800 $ 22,070 $ 22,343 $ 22,619 $ 22,897 $ 23,178 $ 63,841 $ 64,689 $ 65,544 $ 66,409 $ - $ - $ - $ - $ 520,662

County Public Safety 1.4380 0.4764 $ 889 $ 901 $ 913 $ 925 $ 938 $ 950 $ 963 $ 976 $ 988 $ 1,001 $ 1,015 $ 1,028 $ 3,846 $ 3,897 $ 3,949 $ 4,001 $ 4,053 $ 4,106 $ 4,160 $ 4,214 $ 43,712
County 911 0.6459 0.2140 $ 399 $ 405 $ 410 $ 416 $ 421 $ 427 $ 432 $ 438 $ 444 $ 450 $ 456 $ 462 $ 1,727 $ 1,750 $ 1,774 $ 1,797 $ 1,821 $ 1,844 $ 1,869 $ 1,893 $ 19,634
County Housing 0.7453 0.2469 $ 461 $ 467 $ 473 $ 480 $ 486 $ 492 $ 499 $ 506 $ 512 $ 519 $ 526 $ 533 $ 1,993 $ 2,020 $ 2,046 $ 2,073 $ 2,101 $ 2,128 $ 2,156 $ 2,184 $ 22,655
County Seniors 0.3462 0.1147 $ 214 $ 217 $ 220 $ 223 $ 226 $ 229 $ 232 $ 235 $ 238 $ 241 $ 244 $ 247 $ 926 $ 938 $ 951 $ 963 $ 976 $ 989 $ 1,002 $ 1,015 $ 10,524
KRESA CTE 0.9903 0.3281 $ 612 $ 620 $ 629 $ 637 $ 646 $ 654 $ 663 $ 672 $ 681 $ 690 $ 699 $ 708 $ 2,649 $ 2,684 $ 2,719 $ 2,755 $ 2,791 $ 2,828 $ 2,865 $ 2,902 $ 30,103
KRESA Operating 3.0091 0.9969 $ 1,860 $ 1,885 $ 1,910 $ 1,936 $ 1,962 $ 1,988 $ 2,015 $ 2,041 $ 2,068 $ 2,096 $ 2,123 $ 2,151 $ 8,048 $ 8,155 $ 8,263 $ 8,371 $ 8,482 $ 8,593 $ 8,705 $ 8,818 $ 91,470
KRESA Enhancement 1.4918 0.4942 $ 922 $ 934 $ 947 $ 960 $ 973 $ 986 $ 999 $ 1,012 $ 1,025 $ 1,039 $ 1,053 $ 1,066 $ 3,990 $ 4,043 $ 4,096 $ 4,150 $ 4,205 $ 4,260 $ 4,316 $ 4,372 $ 45,347
KRESA Special Ed 1.4941 0.4950 $ 923 $ 936 $ 949 $ 961 $ 974 $ 987 $ 1,000 $ 1,014 $ 1,027 $ 1,041 $ 1,054 $ 1,068 $ 3,996 $ 4,049 $ 4,103 $ 4,157 $ 4,211 $ 4,266 $ 4,322 $ 4,379 $ 45,417
Kal Public Library 3.8999 1.2921 $ 2,410 $ 2,443 $ 2,476 $ 2,509 $ 2,543 $ 2,577 $ 2,611 $ 2,646 $ 2,681 $ 2,716 $ 2,752 $ 2,788 $ 10,430 $ 10,569 $ 10,709 $ 10,850 $ 10,992 $ 11,136 $ 11,282 $ 11,429 $ 118,548
City Operating 12.0000 3.9762 $ 7,418 $ 7,518 $ 7,619 $ 7,722 $ 7,825 $ 7,930 $ 8,035 $ 8,142 $ 8,250 $ 8,358 $ 8,468 $ 8,579 $ 20,672 $ 24,809 $ 29,046 $ 33,385 $ 33,823 $ 34,267 $ 34,714 $ 35,167 $ 341,747
City Solid Waste 1.8000 0.5964 $ 1,113 $ 1,128 $ 1,143 $ 1,158 $ 1,174 $ 1,189 $ 1,205 $ 1,221 $ 1,237 $ 1,254 $ 1,270 $ 1,287 $ 4,814 $ 4,878 $ 4,943 $ 5,008 $ 5,074 $ 5,140 $ 5,207 $ 5,275 $ 54,718
Cen Cnty Transit 0.8935 0.2961 $ 552 $ 560 $ 567 $ 575 $ 583 $ 590 $ 598 $ 606 $ 614 $ 622 $ 631 $ 639 $ 2,390 $ 2,421 $ 2,453 $ 2,486 $ 2,518 $ 2,551 $ 2,585 $ 2,618 $ 27,161
County Operating 4.6318 1.5348 $ 2,863 $ 2,902 $ 2,941 $ 2,980 $ 3,020 $ 3,061 $ 3,102 $ 3,143 $ 3,184 $ 3,226 $ 3,269 $ 3,311 $ 7,979 $ 9,576 $ 11,211 $ 12,886 $ 13,055 $ 13,226 $ 13,399 $ 13,574 $ 131,909
County Transit 0.3110 0.1031 $ 192 $ 195 $ 197 $ 200 $ 203 $ 206 $ 208 $ 211 $ 214 $ 217 $ 219 $ 222 $ 832 $ 843 $ 854 $ 865 $ 877 $ 888 $ 900 $ 911 $ 9,454
KVCC 2.7802 0.9212 $ 1,719 $ 1,742 $ 1,765 $ 1,789 $ 1,813 $ 1,837 $ 1,862 $ 1,886 $ 1,911 $ 1,936 $ 1,962 $ 1,988 $ 7,436 $ 7,534 $ 7,634 $ 7,735 $ 7,836 $ 7,939 $ 8,043 $ 8,147 $ 84,514
Kalamazoo DDA 1.9638 0.6507 $ 1,214 $ 1,230 $ 1,247 $ 1,264 $ 1,281 $ 1,298 $ 1,315 $ 1,332 $ 1,350 $ 1,368 $ 1,386 $ 1,404 $ 5,252 $ 5,322 $ 5,392 $ 5,463 $ 5,535 $ 5,608 $ 5,681 $ 5,755 $ 59,697
Local Total 38.4409 12.73676 $ 23,760 $ 24,082 $ 24,407 $ 24,735 $ 25,067 $ 25,401 $ 25,739 $ 26,081 $ 26,426 $ 26,774 $ 27,126 $ 27,481 $ 86,979 $ 93,488 $ 100,142 $ 106,945 $ 108,350 $ 109,770 $ 111,204 $ 112,653 $ 1,136,611
County Debt 0.1613 0.0534 $ 270 $ 273 $ 276 $ 279 $ 282 $ 285 $ 288 $ 292 $ 295 $ 298 $ 301 $ 305 $ 385 $ 406 $ 427 $ 449 $ 455 $ 461 $ 467 $ 473 $ 6,964
School Debt 8.2000 2.7167 $ 5,068 $ 5,137 $ 5,206 $ 5,276 $ 5,347 $ 5,418 $ 5,490 $ 5,563 $ 5,637 $ 5,711 $ 5,786 $ 5,862 $ 21,931 $ 22,222 $ 22,516 $ 22,813 $ 23,113 $ 23,416 $ 23,721 $ 24,030 $ 249,261
Total Non-Capturable Taxes 8.3613 2.7701 $ 5,338 $ 5,409 $ 5,482 $ 5,555 $ 5,629 $ 5,703 $ 5,779 $ 5,855 $ 5,931 $ 6,009 $ 6,087 $ 6,167 $ 22,316 $ 22,628 $ 22,943 $ 23,262 $ 23,567 $ 23,876 $ 24,188 $ 24,503 $ 256,226
Total Tax Increment Revenue (TIR) Available for Capture $ 43,994 $ 44,570 $ 45,152 $ 45,740 $ 46,334 $ 46,934 $ 47,539 $ 48,151 $ 48,769 $ 49,393 $ 50,023 $ 50,659 $ 150,820 $ 158,176 $ 165,687 $ 173,353 $ 108,350 $ 109,770 $ 111,204 $ 112,653 $ 1,657,273
Footnotes:
NEZ Rate 26.895
Page 45 of 885
Table 3
Estimated Reimbursement Schedule
Page 46 of 885
Estimated Reimbursement Schedule
Arcadia Lofts
203 N Rose St.
September 2023
Developer
Maximum School & Local
Reimbursement Proportionality Taxes Local-Only Taxes Total Estimated Capture $ 1,657,273
State 38.3% $ 415,991 $ - $ 415,991 Estimated Total Administrative Fees $ 113,661
20
Local 61.7% $ 526,620 $ 2,300 $ 528,920 Years of Plan: State Brownfield Redevelopment Fund $ 56,703
TOTAL Local Brownfield Revolving Fund $ 524,530
EGLE 3.5% $ 30,500 $ 2,300 $ 32,800
MSF 96.5% $ 912,111 $ - $ 912,111
Year of Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 TOTAL
Total State Incremental Revenue $ 20,234 $ 20,488 $ 20,745 $ 21,005 $ 21,267 $ 21,532 $ 21,800 $ 22,070 $ 22,343 $ 22,619 $ 22,897 $ 23,178 $ 63,841 $ 64,689 $ 65,544 $ 66,409 $ - $ - $ - $ - $ 520,662
State Brownfield Redevelopment Fund (50% of SET) $ (1,854) $ (1,879) $ (1,905) $ (1,930) $ (1,956) $ (1,982) $ (2,009) $ (2,035) $ (2,062) $ (2,090) $ (2,117) $ (2,145) $ (8,023) $ (8,130) $ (8,238) $ (8,346) $ - $ - $ - $ - $ 56,703
State TIR Available for Reimbursement $ 18,379 $ 18,609 $ 18,841 $ 19,075 $ 19,311 $ 19,550 $ 19,791 $ 20,035 $ 20,281 $ 20,529 $ 20,780 $ 21,033 $ 55,818 $ 56,559 $ 57,307 $ 58,063 $ - $ - $ - $ - $ 463,959
Total Local Incremental Revenue $ 23,760 $ 24,082 $ 24,407 $ 24,735 $ 25,067 $ 25,401 $ 25,739 $ 26,081 $ 26,426 $ 26,774 $ 27,126 $ 27,481 $ 86,979 $ 93,488 $ 100,142 $ 106,945 $ 108,350 $ 109,770 $ 111,204 $ 112,653 $ 1,136,611
BRA Administrative Fee (10%) $ (2,376) $ (2,408) $ (2,441) $ (2,474) $ (2,507) $ (2,540) $ (2,574) $ (2,608) $ (2,643) $ (2,677) $ (2,713) $ (2,748) $ (8,698) $ (9,349) $ (10,014) $ (10,694) $ (10,835) $ (10,977) $ (11,120) $ (11,265) $ 113,661
Local TIR Available for Reimbursement $ 21,384 $ 21,674 $ 21,966 $ 22,262 $ 22,560 $ 22,861 $ 23,165 $ 23,473 $ 23,783 $ 24,097 $ 24,413 $ 24,733 $ 78,281 $ 84,139 $ 90,128 $ 96,250 $ 97,515 $ 98,793 $ 100,084 $ 101,387 $ 1,022,950
Total State & Local TIR Available $ 39,764 $ 40,283 $ 40,807 $ 41,336 $ 41,871 $ 42,411 $ 42,956 $ 43,507 $ 44,064 $ 44,626 $ 45,193 $ 45,767 $ 134,099 $ 140,698 $ 147,435 $ 154,313 $ 97,515 $ 98,793 $ 100,084 $ 101,387 $ 1,486,908
Beginning
DEVELOPER Balance
DEVELOPER Reimbursement Balance $ 944,911 $ 905,147 $ 864,865 $ 824,058 $ 782,722 $ 740,851 $ 698,440 $ 655,483 $ 611,976 $ 567,912 $ 523,286 $ 478,093 $ 432,326 $ 298,228 $ 157,530 $ 10,095 $ - $ - $ - $ - $ -
MSF Non-Environmental Costs $ 912,111 $ 912,111 $ 873,728 $ 834,843 $ 795,453 $ 755,551 $ 715,134 $ 674,195 $ 632,730 $ 590,733 $ 548,199 $ 505,122 $ 461,497 $ 417,319 $ 287,875 $ 152,062 $ 10,095 $ - $ - $ - $ -
State Tax Reimbursement $ 349,414 $ 17,741 $ 17,963 $ 18,187 $ 18,413 $ 18,641 $ 18,871 $ 19,104 $ 19,339 $ 19,577 $ 19,816 $ 20,059 $ 20,303 $ 53,880 $ 54,595 $ 55,318 $ 10,095 $ - $ - $ - $ - $ 401,902
Local Tax Reimbursement $ 562,697 $ 20,642 $ 20,921 $ 21,204 $ 21,489 $ 21,777 $ 22,068 $ 22,361 $ 22,658 $ 22,958 $ 23,260 $ 23,566 $ 23,875 $ 75,564 $ 81,218 $ 86,649 $ - $ - $ - $ - $ - $ 510,209
Total MSF Reimbursement Balance $ 873,728 $ 834,843 $ 795,453 $ 755,551 $ 715,134 $ 674,195 $ 632,730 $ 590,733 $ 548,199 $ 505,122 $ 461,497 $ 417,319 $ 287,875 $ 152,062 $ 10,095 $ - $ - $ - $ - $ - $ 912,111
EGLE Environmental Costs $ 30,500 $ 30,500 $ 29,204 $ 27,891 $ 26,561 $ 25,214 $ 23,849 $ 22,467 $ 21,067 $ 19,650 $ 18,214 $ 16,760 $ 15,287 $ 13,796 $ 9,449 $ 4,897 $ - $ - $ - $ - $ -
State Tax Reimbursement $ 11,684 $ 638 $ 646 $ 654 $ 662 $ 670 $ 679 $ 687 $ 695 $ 704 $ 713 $ 721 $ 730 $ 1,938 $ 1,963 $ 1,989 $ - $ - $ - $ - $ - $ 14,090
Local Tax Reimbursement $ 18,816 $ 658 $ 667 $ 676 $ 685 $ 694 $ 703 $ 713 $ 722 $ 732 $ 742 $ 751 $ 761 $ 2,409 $ 2,589 $ 2,908 $ - $ - $ - $ - $ - $ 16,410
Total EGLE Reimbursement Balance $ 29,204 $ 27,891 $ 26,561 $ 25,214 $ 23,849 $ 22,467 $ 21,067 $ 19,650 $ 18,214 $ 16,760 $ 15,287 $ 13,796 $ 9,449 $ 4,897 $ - $ - $ - $ - $ - $ - $ 30,500
Local Only Costs $ 2,300 $ 2,300 $ 2,216 $ 2,130 $ 2,044 $ 1,956 $ 1,867 $ 1,777 $ 1,686 $ 1,593 $ 1,500 $ 1,405 $ 1,309 $ 1,211 $ 903 $ 571 $ - $ - $ - $ - $ -
Local Tax Reimbursement $ 2,300 $ 84 $ 85 $ 87 $ 88 $ 89 $ 90 $ 91 $ 92 $ 94 $ 95 $ 96 $ 97 $ 308 $ 331 $ 571 $ - $ - $ - $ - $ - $ 2,300
Total Local Only Reimbursement Balance $ 2,216 $ 2,130 $ 2,044 $ 1,956 $ 1,867 $ 1,777 $ 1,686 $ 1,593 $ 1,500 $ 1,405 $ 1,309 $ 1,211 $ 903 $ 571 $ - $ - $ - $ - $ - $ - $ 2,300
Total Annual Developer Reimbursement $ 39,764 $ 40,283 $ 40,807 $ 41,336 $ 41,871 $ 42,411 $ 42,956 $ 43,507 $ 44,064 $ 44,626 $ 45,193 $ 45,767 $ 134,099 $ 140,698 $ 147,435 $ 10,095 $ - $ - $ - $ - $ 944,911
LOCAL BROWNFIELD REVOLVING FUND

LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 126,750 $ 97,515 $ 98,793 $ 100,084 $ 524,530
State Tax Capture $ 30,500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 30,500 $ - $ - $ - $ - $ 30,500
Local Tax Capture $ 914,411 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 96,250 $ 97,515 $ 98,793 $ 100,084 $ 101,387 $ 494,030
Total LBRF Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 126,750 $ 97,515 $ 98,793 $ 100,084 $ 101,387 $ 524,530
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only.
Page 47 of 885
Attachment A
Brownfield Plan Resolution(s)
Page 48 of 885
Page 49 of 885
Page 50 of 885
Attachment B
Development and/or Reimbursement Agreement
Page 51 of 885
Attachment C
Notice to Taxing Jurisdictions
Page 52 of 885
September 11, 2023
Assistant Superintendent
KRESA
1819 East Milham Road
Portage, MI 49002
To Whom it May Concern:
On Thursday, September 21, 2023, at or after 7:45 a.m. the City of Kalamazoo Brownfield
Redevelopment Authority will conduct a public hearing for the Act 381 Brownfield Plan for
203 N. Rose Street in Kalamazoo. The public hearing will take place during a regular
Authority meeting held at the City’s Community Planning and Economic Development
Office, 245 N. Rose, Suite 100, Kalamazoo, Michigan. The public hearing is being held
pursuant to PA 381 of 1996, as amended.
The plan is related to a request for Tax Increment Financing for a rehabilitation project
called the Ironworks, located at 203 N. Rose Street, Kalamazoo, Michigan 49007 (PIN:
06-15-324-010).
At the public hearing, all citizens, taxpayers and representatives or officials from any
taxing jurisdiction whose millage may be subject to capture under the proposed plan shall
be afforded an opportunity to be heard regarding the brownfield plan. The plan, which
includes a site map and legal descriptions of all parcels identified as eligible property, is
available for public inspection by requesting a copy at development@kalamazoocity.org
or (269) 377-8000.
If you wish to express your views and recommendations prior to the hearing, or if you
have any questions regarding the fiscal, economic, or general implications of the
proposed Act 381 Brownfield Plan, please contact Jamie McCarthy, Sustainable
Development Coordinator at (269) 337-8789.
Sincerely,
Antonio Mitchell, Community Planning & Economic Development Director
Enclosure
c: Jamie McCarthy, Sustainable Development Coordinator
Page 53 of 885
Attachment D
Notice of Public Hearing
Page 54 of 885
NOTICE TO ALL TAXING JURISDICTIONS
OF A PUBLIC HEARING
The City of Kalamazoo proposes to approve a Brownfield Plan Amendment (the “Plan”)
for a property in the City of Kalamazoo, Kalamazoo, Michigan.
The City of Kalamazoo has established a Brownfield Redevelopment Authority (the

“Authority”) in accordance with the Brownfield Redevelopment Act, Act No. 381 of the
Michigan Public Acts of 1996, as amended (the “Act”). The Act was enacted to provide a
means for local units of government to facilitate the revitalization of environmentally
impacted, functionally obsolete, or blighted properties. The Act permits the use of tax
increment financing in order to provide the Authority with the means of financing the
redevelopment project included in a Brownfield Plan.
The Authority Board received a request for a Brownfield Plan Amendment related to the
development of one parcel of property located at 203 N Rose Street, City of Kalamazoo,
Michigan (PIN: 06-15-324-010). The property is one commercially developed parcel,
approximately 0.964 acres, that will be redeveloped as a mixed-use building with first-
floor commercial and 82 residential units above. The project is estimated to be
approximately a $25M investment and will create up to 25 jobs.
The site meets the definition of a “historic resource” as defined by 1984 PA 270, MCL
125.2090a. As such, the property is an “eligible property” under Act 381.
This Brownfield Plan Amendment provides a means for the developer to recover their
costs of eligible activities which primarily includes environmental assessment, asbestos
abatement, partial building demolition, site demolition, public infrastructure, and site
preparation activities.
The plan will be considered by the Authority at a public hearing held the September 21,
2023 at City of Kalamazoo Community Planning and Economic Development Office
located at 245 N. Rose Street, Kalamazoo, Michigan 49007. Upon recommendation by
the Authority, the plan will be considered for adoption by City Commission at their next
available meeting on October 2, 2023 or later. City Commission meets in Commission
Chambers at City Hall, 241 W South Street, Kalamazoo, Michigan 49007. If you have any
questions or comments concerning the Brownfield Redevelopment Authority or the
adoption of the Plan you may attend the meeting and express those concerns during the
Public Hearing. You may also direct inquiries to Jamie McCarthy,
mccarthyja@kalamazoocity.org, or at (269) 337-8789.
Dated: September 11, 2023
Page 55 of 885
Attachment E
Historic Designation
Page 56 of 885
NPS Form 10·900-a OMB No. 1024-0018
(3-82) Exp. 10-31-84
United States Department of the Interior

National Park Service
National Register of Historic Places

Inventory-Nomination Form
Continuation sheet Item number Page 82
building stll I dominates Kalamazoo's downtown skyline.
SIgn l fl cance:
Period: 1900-
Areas of Significance: architecture, commerce
The Bank of Kalamazoo Building Is notable as one of Kalamazoo's largest office buildings and a visual
landmark In the downtown and as a fine Art Deco Structure designed by the Chicago firm of Weary and Alford,
which special !zed In banks and office buildings. Designed by the same firm responsible for Kalamazoo's fine
Art Deco City Hal I, the fifteen-story tal I building was built for the Bank of Kalamazoo (formed In 1928 from
a merger of the Kalamazoo National Bank and the Kalamazoo Trust and Savings Bank> on the eve of the Great
Depression. Like so many others, this bank failed In 1933. In 1933 It was succeeded by the American
National Bank, which still conducts Its business here. The majority of the building Is currently devoted to
office space.
Bib llography:
Kalamazoo Gazette: 5-7-1930; 4-20-1975.
Geographical Data:
Acreage: Less than one acre
Quadrangle Name: Kalamazoo
Quadrangle Scale: 1:24000
UTM Reference: 16 616865 4682890
Verbal Boundary Description and Justification:
Original Plat part of lots 91-93; commencing on S line of E. Michigan Ave. 232.4 ft. E of Eline Burdick
St., S 100ft., W 74ft., N 100ft., E 74 ft. to P.O.B. This Is the entire lot on which the building
stands.
Historic Name: Lawrence & Chapin Building <photo 88)

v Common Name: Vermeulen's Furniture
Location: 201 N. Rose Street
Date of Construction: 1870-72
Architect: Lemuel Dwight Grosvenor
Bu I I der: Bush and Patterson
C I ass! f !cation:
Category: building
Ownership: Vermeulen Furniture Co.
205 N. Rose St.
Kalamazoo, Ml 49006
Page 57 of 885
NPS Form 10.900-a OMB No. 1024-0018
P-82) Exp . 10-31-84

Public Acquisition: N/A

Status: occupied
Accessible: yes: restricted
Present Use: commercial
Oeser lptl on:

Condition: fair
Altered
Original site
The Lawrence & Chapin Building Is a massive, Second Empire block with a dormered mansard roof with a
central tower. A four-story, brick structure 68 feet In front width and 188 feet In depth, the building has
round-headed windows and robust cornice brackets set In pairs above the capitals of the broad piers which
subdivide the facade. Some of the structure's historic fabric has been altered: many of the windows have
been boarded up, the first-floor exterior has been modernized, and the building's entire southern elevation
has been obscured by a modern parking structure which extends over Water Street. Even with these modifica-
tions, however, the Lawrence & Chapin Building Is the landmark structure of the Second Empire style In the
Kalamazoo area.
Significance:
Period: 1800-1900
Areas of Significance: architecture, Industry
The Lawrence & Chapin Building Is significant as the one time main building of the Lawrence & Chapin
Iron works, one of Kalamazoo's largest, nineteenth-century Industries, which manufactured plows and other
agricultural Implements, as well as steam engine and mill machinery. The building Is also Important as the
landmark structure of the Second Empire style In the Kalamazoo area.
Iron manufacturing (at first using Iron ore mined along the banks of the Kalamazoo River to the north
of town) was Kalamazoo's first heavy Industry and soon after the middle of the last century a factory
building was built on this site. Williams. Lawrence and Dr. L. c. Chapin had the present structure built
between 1870 and 1872; the company became successful quickly. For three decades, the entire process of
transforming raw materials Into finished products was carried out In this building. But late In the
nineteenth century Iron was giving way to steel and Kalamazoo's position as a prominent manufacturer of Iron
goods In the region diminished. Chapin had since died and Lawrence lost his fortune and sold his home and
this factory about the turn of the century. The building then housed, In succession, a mission, a skating
rink, and an Interurban railway station. For the last half century, It has been the home of the Vermeulen
Furniture Company. This massive Second Empire block Is without peer In the Kalamazoo area. The structure
was designed by L. D. Grosvenor, a Kalamazoo <later Jackson), architect whose work Is as yet little known
but whose architectural talents were considerable, If we can judge them by the structures of his thus far
Identified In Jackson, Lansing, Jonesvl lie, and Homer. The Lawrence & Chapin Building was built by Bush and
Patterson, a Kalamazoo firm which built many of the city's finest structures, Including the Ladles Library
Association and Desenberg buildings.
Bibliography:
Page 58 of 885
NPS Form 10·900-a OMB No. 1024-0018
(3-82) Exp . 10-31-84

Topp, Darol w•• A History of the Bog Iron Industry 1837-1862, Kalamazoo Col lege History Seminar, #46,
January, 1953 (an unpublished paper available at the Kalamazoo Public Library Local History Rooml.
Kalamazoo Gazette: 12-30-1870; 5-11-1881; 7-25-1931.
Kalamazoo Weekly Gazette, 9-3-1897, P• 11.
Geographical Data:
Acreage: Less than one acre
Quadrangle Name: Kalamazoo
Quadrangle Scale: 1:24000
UTM Reference: 16 616640 4683040
Verbal Boundary Description and Justification:
Original Plat; lots 5, 6, 7, 8; block 4. This Is the property on which the building stands.
V/ Hi storlc Name: 01 d Fire House No. 4 <photo 89)

Common Name: Same
Location: 526 N. Burdick Street
Date of Construction: 1887
Architect: Martin w. Roberts
Builder: Alexander Robbins
Classification:
Category: bull ding
Ownership: Johnson-Howard Co.
500 N. Edwards St.
Kalamazoo, Ml 49006
Public Acquisition: N/A
Status: occupied
Accesslb le: no
Present Use: warehouse
Descrlpt Jon:
Cond ltlon: fa lr
Altered
Original site
Fire House No. 4 is a two-story, brick, Late Victorian structure with corbel led- and panel-brick
details and a pyramid-roof tower at one corner. The original two-bay structure was built In 1887; a third
bay, similar In style, was added in 1901. Although the historic Integrity of the structure has not been
permanently damaged, the structure does suffer from poor maintenance and Inappropriate modifications <the
windows are boarded up and the brickwork has been painted).
Page 59 of 885
•
NPS Form 10·900·a OMB No. 1024-0018
(3-82) Exp. 10-31-84

Continuation sheet Item number Page ;l -:J.:3
Multiple Resource Area
Thematic Group
Name Kalamazoo Multiple Resource Area

State Michigan
Nomination/Type of Review d nate.£~ignature

D.e.t ermine "E i i .;;.L't:P":.·
'' II. Bank of Kalamazoo Btri±<l±n - SulisUmn'v a llerloii" Keeper ~ : !Jdi6~uoO'n"'- :7~,A
L'f'F"/f) !:"· OdJEC 0 I
·- - Attest
12 . Lawrence and Chapin

in the
~er od-d~~ :s,;A-7~~
Nation 1 Register Attest
' 13. Old Fire House No. 4 :imtered in ~ frt;;per ~ s.zL7/t}

National Register
Attest
~ 14. Prentice, Alonzo T., House Entered in tl.o ~per ~~

Nattona.l R8gtf.lter
"16. Welsh, William L., Terrace tlie

..: .• :reJ in ~per ~ sjz.. ziK~
a "tional Re 1st
Attest
17. App e l.dorn, Peter B., House ~t-::;red 1n
.. tlonal
tlio
le
Weeper ~d;r~ s-;!-7/r?
Attest
18. Roberts, Martin W., House ,5ubstant 1VG llevlew Keeper
Y'-19. Potter,
Attest
fJtlC(;L :
a M eeper If!~ Julft/,.__.,__
~ ..... ; ~...R
Attest
Entereii ·rn¥HG ~
' 20. Shaffer, Enoch, House
National Regi t,er{) n.eeper (~ J-z}_7/J)
Attest
Page 60 of 885
NATIONAL REGISTER OF HISTOf:UC PLACES .£YAUJATION I RETURN SHE l
UftftH Statee Dapa b ut af . _ ........_
National Pa.-tt Serrice
Lawrence and Chapin Building (Kalamazoo

MRA)
•
Kalamazoo County · Working N-Q . --::_..=.;.~~.,.....--
MICH{GAN
Fed. Reg. Date: c:?- -8
Date Due: .s-v'7 13 - ...:.- ~ ~ B.J
Action: - ACCEPT s; ;L J/{}:>
reaubmtsston Entered in the - RETURN _ _ __
nomination by penon or local government National Register-- REJECT_ _ __
QW~~r ob~eet !on ~~de~~~ A;~~e~: __________
_ appeal
Substantive Review: _sample _request ~ appeal _ NR decision
Reviewer's comments:
Recom. / C r i t e r i a - - - - - - -
Reviewer-----------
Discipline _ _ _ _ _ _ _ _ __
Oat•----------------------
- ... co .. ttnuatlon sheet
·Nomination returned for: _technical corrections cited below

_substantive reasons dlacussad below
1. Name
2. Location
3. Classification
......
...... ,.,......
4. Owner of Property
5. Location of Legal Description
6. Representation in Existing Surveys
7. ~scription
.,..
-
--
,
-fOOd
--101-
..._
-·-
-"'""-
--~
_.. . . ,_
ca..ca - -
________ .......,,....._....,_ ___

_..., --
Clllec* -
-- ---
aummary paragraph
completeness
clarity
alter at ions I Integ rl t y
dates
Page 61 of 885
8. Significance
..........
,.,.._ ........ F II 0'1111_.,.....,_
. . ._ . . . . . . . 114111-~
......~
........
.......
paragraph
~ummary
completeness
elarity
___ -applicable criteria
justification of areas
checked
relating significance to
the resource
context
relationship of Integrity
to significance
justification of exceptic,n
other
9. Major Bibliographical References
10. Geographical Data

........ I _........., _ _ _ _ __
a .... _ _ _ _ __
...,.RaJ · -
w........ . ' ....................... _ttc:s::
11. Form Prepared By
,._ ..
12. State Historic Preservation Officer Certification
--·-~---· _ ....
.... _ , __ · -· - >oc•
-
~......,...
13. Other
-
_Maps
_ ~ Photographs
Other
Questions concerning this nomination may be directed to----------------
Signed---------------- Date - - - - - - - - - - Phone : 202 272- 35 C
Page 62 of 885
PHoTeJ: LAwR.fNc.E + CHAPIN Bvu. QIN&
83ooo8(9{;l..
Page 63 of 885
Page 64 of 885
Lawrence & Chapin Building
201 North Rose Street
Kalamazoo, Kalamazoo County, ~1i chi gan
Gary Cialdella April 1981

Neg.: Kalamazoo Historical Commission
Exterior from the east
Photo no. 88 of 105
Page 65 of 885
Please refer to the map in the
Multiple Property Cover Sheet
for this property
Multiple Property Cover Sheet Reference Number: -=--64:...=...=00:...=....=03-=.:....27_ _ __
Page 66 of 885
~ .... ; , ,,.,....
~
FEB 1 8 1982
~ R m~; uL ~
n id·~~
H'"A~
HISTO.?Y DIVISiON
205 NORTH ROSE STREET e KALAMAZOO, MICHIGAN, 49006
February 17, 1982
Martha M. Bigelow, Director

Michigan History Div.
Michigan Dept. of State
Lansing, Mich. 48918
Attn: Kathryn Eckert
Dear Ms. Bigelow:
We received your letter of January 19th in regards to

our building we own, which is the Lawrence Chapin Iron
Works building, at 201 N. Rose St., Kalamazoo, Michigan.
We would be very happy to have the building listed in

the Michigan Historic Registry, under the name of:
VERMEULEN FURNITURE COMPANY, Harold J. Vermeulen and
Leslie N. Vermeulen.
If there is any other information you need, we would be

willing to answer your questions.
I have contacted Mr. Perzyck in Kalamazoo and he will

probably attend the meeting in Lansing on February 24th
as I will be out of town at that time.
Very truly yours,
LNV/cr
Our free parking lot saves you time Page 67 of 885

Date: 10/2/2023
Agenda Report
City of Kalamazoo
FROM: Scott A. Borling, City Clerk
SUBJECT: Amendment to the 2023 City Commission Annual Meeting Schedule
RECOMMENDATION:
It is recommended that the City Commission adopt a RESOLUTION amending the City
Commission's 2023 annual meeting schedule.
BACKGROUND:
On November 8, 2022 voters approved Proposal 22-2, which amended Article II of the Michigan
Constitution to expand the rights of voters and address various election administration issues. As
a result of this amendment, military and overseas voters now have the constitutional right to have
their absentee ballots “deemed timely received if postmarked on or before election day and
received by the appropriate election official within six (6) days after such election.” [Article II,
Section 4(b)]
This new deadline creates a practical conflict with the timing of the Oath of Office Ceremony for
the Mayor and newly elected City Commissioners. Section 8(a) of the City Charter states that the
City Commission shall meet “at 7:00 p.m. on the first Monday following the November odd-year
regular municipal election”, at which time the Mayor and newly elected Commissioners "shall be
sworn and assume the duties of their offices.” Because the City Clerk's Office could receive
absent voter ballots from military or overseas voters through the sixth day after the election, the
Kalamazoo County Board of Canvassers will need to wait to certify the elections results until
after that day, which is the same day the City Charter specifies for the newly elected officials to
take office. Elected officials cannot take office before the Board of Canvassers certifies the
results of the election, so the newly elected Mayor and City Commissioners will need to be
sworn in at another meeting, one that is scheduled to allow enough time for the canvass to be
completed and the results certified.
Currently, the City Commission's annual meeting schedule includes a business meeting on
Monday, November 13th for the Oath of Office Ceremony. The proposed amendment to the
meeting schedule would eliminate the November 13th meeting and schedule a new business
meeting on Monday, November 20th at 5:00 p.m. This new meeting would replace the
Fax: 269.337.8182
Page 68 of 885
Page 2
Committee of the Whole meeting currently on the schedule.Newly elected officials would be
sworn-in and take office at the 5:00 business meeting; the already scheduled 7:00 meeting
would feature a typical business meeting agenda of action items.
The new absentee ballot deadline is a constitutional provision that will not be easily changed.
There are at least two options for a long-term solution. First, the City Commission could put a
charter amendment on the ballot in 2024 to amend Section 8(a) to change the date when the
Mayor and City Commissioners take office. Second, the state legislature could establish the date
when all elected local officials take office in a way that overrides local charters. There is no staff
recommendation at this time regarding a long-term solution. This will be a discussion for the
next City Commission.

Good Governance- Ensuring the City organization has the capacity and resources to effectively
implement the community's Strategic Vision in a way that is sustainable over the long term.

FISCAL IMPACT:
There is no fiscal impact associated with the recommendation.
Fax: 269.337.8182
Page 69 of 885
RESOLUTION NO. 23-
A RESOLUTION APPROVING AN AMENDED SCHEDULE OF REGULAR CITY

COMMISSION MEETINGS FOR THE 2023 CALENDAR YEAR
Minutes of a regular meeting of the City Commission of the City held on

October 2, 2023, at or after 7:00 p.m., local time, at City Hall.
PRESENT: Commissioners:
ABSENT: Commissioners:
WHEREAS, on November 8, 2022 voters approved Proposal 22-2, which amended

Article II of Michigan Constitution, “Elections”; and
WHEREAS, Article II, Section 4(b) of the Michigan Constitution now provides that
absent voter ballots returned by military voters or voters living overseas be “deemed timely
received if postmarked on or before election day and received by the appropriate election official
within six (6) days after such election.”; and
WHEREAS, Section 8(a) of the Kalamazoo City Charter states that the City
Commission shall meet “at 7:00 p.m. on the first Monday following the November odd-year
regular municipal election” to “be sworn and assume the duties of their office”; and
WHEREAS, the new, constitutionally mandated deadline for receiving miliary and
overseas ballots will prevent the Kalamazoo County Board of Canvassers from certifying the
results of the municipal election before the time set in City Charter for the newly elected Mayor
and City Commissioners to take office; and
WHEREAS, elected officials cannot take office until the election results have been
certified by the Board of Canvassers, requiring the establishment of a new date for the Mayor
and City Commissioners to “be sworn and assume the duties of their office”; and
WHEREAS, MCL 15.265(3) assumes that changes to the schedule of regular meetings
of a public body will be made at a meeting of that body, with such changes being posted in a
public notice within three days of the meeting; and
WHEREAS, Section 8(a) of the Kalamazoo City Charter states “…the City Commission
shall meet at such times as may be prescribed by ordinance or resolution…”
Page 70 of 885
NOW, THEREFORE, BE IT RESOLVED, that the Kalamazoo City Commission
hereby approves the attached Amended 2023 Meeting Schedule as its schedule of regular
meetings for the 2023 calendar year; and
BE IT FURTHER RESOLVED, that the City Clerk is directed to post the Regular
Meeting Schedule in compliance with the provisions of MCL 15.264-265; and
BE IT FURTHER RESOLVED, that the City Commission reserves the right to modify
its Regular Meeting Schedule at any time, subject to the noticing requirements specified in MCL
15.265(3).
The above resolution was offered by ____________________ and supported by

________________________.
AYES: Commissioners:
NAYS: Commissioners:
ABSTAIN: Commissioners:
RESOLUTION DECLARED ADOPTED.
CERTIFICATE
The forgoing is a true and complete copy of a resolution adopted by the City Commission of the
City of Kalamazoo at a regular meeting held on October 2, 2023. Public notice was given and
the meeting was conducted in full compliant with the Michigan Open Meetings Act (PA
267,1976). Minutes of the meeting will be available as required by the Act.
______________________________
Scott A. Borling, City Clerk
Page 71 of 885
Kalamazoo City Commission
Proposed 2023 Meeting Schedule Amendment
January February March

3 Committee of the Whole* 6 Committee of the Whole 6 Committee of the Whole
Business Meeting* Business Meeting Business Meeting
17 Committee of the Whole* 20 Committee of the Whole 20 Committee of the Whole
Business Meeting* Business Meeting Business Meeting
April May June

3 Committee of the Whole 1 Committee of the Whole 5 Committee of the Whole
Business Meeting Business Meeting Business Meeting
17 Committee of the Whole 15 Committee of the Whole 20 Committee of the Whole*
Business Meeting Business Meeting Business Meeting*
July August September

5 Committee of the Whole* 7 Committee of the Whole 5 Committee of the Whole*
Business Meeting* Business Meeting Business Meeting*
17 Committee of the Whole 21 Committee of the Whole 18 Committee of the Whole
Business Meeting Business Meeting Business Meeting
October November December

2 Committee of the Whole 4 Committee of the Whole
Business Meeting 20 5:00 p.m. Business Mtg** Business Meeting
16 Committee of the Whole 7:00 p.m. Business Meeting 18 Committee of the Whole
Business Meeting Business Meeting
Times and Locations

Committee of the Whole Meetings - 5:00 p.m. in the City Commission Chambers at City Hall
Business Meetings - 7:00 p.m. in the City Commission Chambers at City Hall
*These meetings will take place on a Tuesday or Wednesday due to the observance of national holidays
Page 72 of 885
Date: 10/2/2023
Agenda Report
City of Kalamazoo

Reviewed by: Antonio Mitchell, Community Planning & Economic Development
Director
Prepared by: Paul Thuringer, Economic Development Supervisor
SUBJECT: Approval of United Way of South Central Michigan Kalamazoo Small Business
Loan Fund (KSBLF) Second Amendment to Services Agreement (Bid
Ref#00000-023.82)
RECOMMENDATION:
It is recommended that the City Commission authorize the City Manager to sign the second
amendment to the United Way Kalamazoo Small Business Loan Fund (KSBLF) service
agreement.
BACKGROUND:
Kalamazoo Small Business Loan Fund (KSBLF)

The KSBLF program was created to provide a lifeline to small businesses and their workers,
especially businesses with workers in the category of "Asset Limited, Income Constrained,
Employed" (ALICE), and retain workforce capacity. This program also assists the United Way
of South Central Michigan and the City of Kalamazoo staff in prioritizing future focus on
women-owned and/or BIPOC (Black, Indigenous, People Of Color) owned businesses with
secondary consideration being given to businesses located within the Shared Prosperity
Kalamazoo neighborhoods (Edison, Northside and Eastside) with a focus on equity and
intersectionality.
This partnership provides local leadership that aligns with the City of Kalamazoo Imagine
Kalamazoo 2025 initiative. The expansion of the KSBLF program aligns with creating
permanent economic development programming loans and grants to infuse economic impact in
the City's SPK Neighborhoods.
Guiding Principles of KSBLF include:

• Equity. The Loan Fund is intended to support community members living below the ALICE
Fax: 269.337.8182
Page 73 of 885
Page 2
threshold, marginalized and disparate populations.

• Collaboration. Whenever possible, dollars from the Loan Fund will be used to leverage
federal, state and other local resources.
• Flexibility. The Loan Fund is designed to be flexible in terms of how the resources are spent
to meet the most critical needs of businesses and their employees.
Kalamazoo Micro-Enterprise Grant Fund (KMEG)

The KMEG is an additional business development tool to assist micro-businesses with less than
10 full-time employees. It was initially funded with $300,000 paid from the FFE-funded
Business Development Fund. The KMEG is intended to provide timely financial assistance to
small businesses to limit economic hardship. The KMEG offers $5,000 grants to eligible
businesses.
Guiding Principles of the KMEG include:

• Equity. The Grant Fund is intended to support community members living below the
ALICE threshold, with a focus on providing support to BIPOC-owned and women-owned
businesses.
• Collaboration. Whenever possible, dollars from the Grant Fund will be used to leverage
federal, state and other local resources.
• Short-Term Use. The Grant Fund is designed to provide immediate, short-term resources for
businesses.
• Flexibility. The Grant Fund is designed to be flexible in terms of how the resources are
spent to meet the most critical needs of businesses and their employees.
The Amendment Agreement is recommended by CPED staff with the City and United Way
as follows:
a. Adjusted Budget & Funding Sources:

1. For United Way's 2023 fiscal year, or second year of the Agreement, the CIty will
allocate $600,000 to the KMEG rather than the $450,000 originally specified in
the Agreement, and the City will allocate $300,000 to the KSBLF.
2. During the final year of the Agreement, the City will allocate the sum of $438,500
as provided in the Coronavirus State and Local Fiscal Recovery Funds Agreement
between the City and United Way dated July 5, 2023.
3. The United Way is authorized to transfer the sum of $300,000 from the KSBLF to
the KMEG.
b. KSBLF Loan Term Adjustments:

1. No payments for three months after loan closing, followed by a fully amortizing
33-month term.
Fax: 269.337.8182
Page 74 of 885
Page 3

Complete Neighborhoods - residential areas that support the full range of people's daily needs
Economic Vitality - A supportive infrastructure for growing businesses and stabilizing the local
economy for the benefit of all.
Shared Prosperity - Abundant opportunities for all people to prosper
All KSBLF expenditures are decided by an advisory committee of representatives from United
Way of South Central Michigan, City of Kalamazoo, local banks and local economic and
community development entities. All KMEG expenditures are decided by the United Way of
South Central Michigan staff. The United Way of South Central Michigan is committed to
partnership and its leveraging of federal, state and local resources to ensure that KSBLF dollars
are deployed effectively in the community. The focus of the Small Business Loan Fund on
ALICE working populations and retaining workforce capacity for small business aligns with
these goals and missions.

Collaborate (two-way conversation) - the communtiy will have a chance to shape the project by
providing feedback.
City staff have consulted with several community partners including the W.E. UpJohn Institute,
Southwest Michigan First, Small Business Development Center and Local Initiatives Support
Corporation (LISC). The programs were discussed at City Commission meetings in 2020 and
2021.
FISCAL IMPACT:
The amendment to the contract will not have any fiscal impact as funds have already been given
to United Way. United Way is changing the way the funds will be spent.
Fax: 269.337.8182
Page 75 of 885
SECOND AMENDMENT TO THE SERVICES AGREEMENT BETWEEN THE CITY OF
KALAMAZOO AND THE UNITED WAY OF THE BATTLE CREEK AND KALAMAZOO
REGION
The City of Kalamazoo ("City") whose address is 241 W. South Street, Kalamazoo,
Michigan 49007, and the United Way of South Central Michigan fna, United Way of the Battle
Creek and Kalamazoo Region ("United Way") whose address is 709 S. Westnedge Ave.,
Kalamazoo, Michigan 49007, entered into a Services Agreement effective March 1, 2021, as
amended (the "Agreement") for the United Way to administer the City's Kalamazoo Small
Business Loan Fund ("KSBLF") and its Kalamazoo Micro-Enterprise Grant Fund (KMEG). The
Agreement was previously amended by letter agreement effective October 25, 2021 (the
"First Amendment").
The City and United Way desire to amend the Agreement to revise the administration
of the specified grant and loan funds during the remainder of the time the Agreement remains
in effect, and therefore agree to amend the Agreement. as follows:
1. The United Way of the Battle Creek and Kalamazoo Region has changed its name
to the United Way of South Central Michigan and retains status as a 501(c)(3)
organization under the Internal Revenue Code. The City and the United Way of South
Central Michigan agree that the United Way of South Central Michigan will assume
all obligations, responsibilities, and liabilities of the United Way of the Battle Creek
and Kalamazoo Region under the Agreement, as amended.
2. The first sentence of the First Amendment is amended so that after amendment
that sentence reads:
This letter agreement shall serve as an amendment to the Services
Agreement entered into between the City of Kalamazoo (the "City") and the
United Way of the Battle Creek and Kalamazoo Region ("United Way"),
dated October 25, 2021 ("Agreement").
3. Subsection {d) of the First Amendment is amended so that after amendment that
Section reads:
(d) For United Way's 2023 fiscal year, or second year of the Agreement,
the City will allocate $600,000.00 to the KMEG rather than the $450,000.00
originally specified in the Agreement, and the City will allocate $300,000.00
to the KSBLF. During the final year of the Agreement, the City will allocate
Page 76 of 885
the sum of $438,500.00 as provided in the "Coronavirus State and Local Fiscal
Recovery Funds Agreement between the Parties dated July 5, 2023,
("Funding Agreement") which agreement is incorporated by reference and
made a part of this Agreement. The Funding Agreement allocates the sum
of $300,0000.00 to the KMEG, and the balance to administration expenses.
Anything to the contrary notwithstanding, all funds shall be administered
consistent with the Agreement and Funding Agreement, and all
disbursements shall be made consistent with the program budget as provided
in paragraph 6 of the Funding Agreement, and paragraph 5 of Exhibit 1
attached to and made a part of the Funding Agreement. In the event of a
conflict between the Agreement and the Funding Agreement, the provisions
of the Funding Agreement shall control. In addition to the funds allocated to
the KMEG by the Funding Agreement, United Way is authorized to transfer
the sum of $300,000.00 from the KSBLF to the to the KMEG, making the total
funding allocated to the KMEG for the final year of the Agreement to be
$600,000.00. All allocated funds shall be used for the purposes specified in
the Agreement and/or the Funding Agreement and for no other purpose.
4. Paragraph subsections 5(a)(ii)(2) and (3) of the Agreement shall be amended so

that after amendment those subsections shall read as follows:
2) No payments for 3 months after loan closing, followed by a fully amortizing
33-month term.
3) Payments of principal and interest will begin at 3 months following closing
and will be paid monthly on the first day of the month, with all principal due
to be repaid no later than 36 months following closing. Once principal is
repaid, in may not be redrawn.
5. This Amendment will not be effective unless approved by the Kalamazoo City
Commission before execution by the City.
6. This Amendment may be executed in one or more counterparts, each of which shall
be deemed to be an original, but all of which, taken together, shall be deemed to be
one and the same instrument.
7. In all other respects the Agreement, as amended, is unchanged and affirmed by

the Parties.
[THE SIGNATURES HAVE BEEN INTENTIONALLY PLACE ON THE FOLLOWING

PAGE]
Page 77 of 885
IN WITNESS WHEREOF, the parties have executed this Amendment, which becomes in
full force and effect on the date signed by the last of the parties to sign:
United Way of South Central Michigan
Date: ---------- By:------------------
City of Kalamazoo
Date: --------- By: _______________
Page 78 of 885
Date: 10/2/2023
Agenda Report
City of Kalamazoo
FROM: Scott A. Borling, City Clerk

Prepared by: Shelby Moss, Deputy City Clerk
SUBJECT: Request for Special Permit
RECOMMENDATION:
It is recommended that the City Commission approve a special permit for a pot-bellied pig to be
kept at 2513 Logan Avenue, subject to compliance with applicable statutes, ordinances, and
health codes.
BACKGROUND:
This request is being submitted to you pursuant to the provisions of Section 7-4 of the Code of
Ordinances:
No person shall keep, upon any premises within the City limits, any swine whatever, without
a special permit from the City Commission or its designee, which permit shall be granted only
upon the written application of the person desiring the permit. Such application shall specify
the location of the premises upon which the swine are proposed to be kept and the number
desired to be kept. Such permit, if granted, shall state the location of the premises and the
number of swine allowed to be kept, and it shall be unlawful to keep such swine upon any
other premises or to keep any greater number than specified in the permit.
The City has received a request from Ms. Stephanie Bolden to adopt a pot-bellied pig named
Francine to be kept at her residence at 2513 Logan Avenue. According to Ms. Bolden, Fracine is
a beloved family member and, due to other family members' living situations, Ms. Bolden is
hoping to keep Francine in the family and give her a forever home.
Ms. Bolden has met all requirements of the ordinance, as she has submitted a written request that
indicates the number of pigs to be kept and the address at which they will be kept. Furthermore,
there have been no animal-related complaints at that address.
Fax: 269.337.8182
Page 79 of 885
Page 2


The City Attorney's Office and Kalamazoo County Animal Control have confirmed that there
have been no animal-related complaints against Ms. Bolden or other residents at the Logan
Avenue address.
FISCAL IMPACT:
There is no fiscal impact related to this request.
Fax: 269.337.8182
Page 80 of 885
From: Stephanie Bolden
To: COK - City Clerk; COK - City Clerk
Subject: [External Email] Swine Permit Application
Date: Tuesday, September 12, 2023 9:00:46 AM
To Whom It May Concern:
I currently live at 2513 Logan Avenue in Kalamazoo, MI 49008 and would like to apply for a
swine permit for one pig.
For as long as I can remember, my mother loved pigs. Several years ago, she had the
opportunity to get a pet pot-bellied pig, so home she came! Francine became the newest
member of the family. After my mother passed away, my father continued to love and care for
Francine. Prior to my father becoming ill, he decided Francine needed a new home because he
felt like he wasn’t able to give her the attention she deserved. My sister lived on a farm, so she
decided to take her in. Earlier this year, my sister and her wife separated, so she had to sell her
house. My sister was able to take Francine, her dogs and two of her goats with her to her rental
home. Recently, my sister and her wife got back together, so she’s moving again.
Unfortunately, their backyard isn’t large enough to have any animals besides their dogs. I am
hoping to keep Francine in the family and give her a forever home with me!
Francine is currently 5 years old. She’s black with a patch of white on her head. She was
spayed when she was younger. She gets fed and watered twice a day. She eats pellets twice a
day and gets a serving of vegetables with one of her feeds. Francine also gets a powdered
supplement for her hair and skin with one of her feedings every day.
For her housing, she’ll have an enclosed, fenced area with a shelter. Part of the fenced area
will have a roof to also help protect her from the elements of the weather. I will also make sure
Francine has hay available.
If I am unable to transport Francine to the vet, then I will pay for a farrier to come to the house
to provide her with hoof care.
My neighbors are open to having Francine come and live with my family. A couple of
questions that were asked by a neighbor were: Is she smelly? Is she noisy? I let them know it's
actually no to both.
Attached are a couple of pictures of Francine.
Thank you for your consideration,

Stephanie Bolden
Sent via the Samsung Galaxy Z Fold3 5G, an AT&T 5G smartphone

Get Outlook for Android
Page 81 of 885
Page 82 of 885
Date: 10/2/2023
City Commission Item: H.1.
Agenda Report
City of Kalamazoo

Prepared by: Steve Rochow, Environmental Services Manager
SUBJECT: Repeal of existing Chapter 28 of the Kalamazoo City Code of Ordinances and
enactment of a new Chapter 28 of the Kalamazoo City Code of Ordinances
RECOMMENDATION:
It is recommended that the City Commission repeal the existing Chapter 28, Wastewater
Discharge Regulations and Enforcement Procedures, of the Kalamazoo City Code of Ordinances
and enact the new Chapter 28, Wastewater Discharge Regulations and Enforcement Procedures, of
the Kalamazoo City Code of Ordinances as presented.
BACKGROUND:
Safe and effective treatment, protection of the environment and permit compliance at the City of
Kalamazoo water reclamation plant (KWRP) requires an updated sewer use ordinance. A
maximum allowable headworks loading (MAHL) study was required under the permit issued in
2017 to establish new local limits for compatible and incompatible pollutants received at KWRP.
These updated pollutant limitations establish concentration and loading parameters regulated by
ordinance.
The updated sewer use ordinance also seeks to capture all updates to state laws and standards
since previous revisions. Changes also include policy revisions and updates, industry best
practices, clear definitions and responsibilities for all system components including sewer service
laterals.
The drafting of the proposed sewer use ordinance was completed by an attorney specializing in
sewer use ordinances retained by the City and supported by engineering consultants and city
staff. The proposed sewer use ordinance and local limits have been approved by the Michigan
Department of Environment, Great Lakes and Energy (EGLE).
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Page 83 of 885
Page 2

implement the community's strategic vision in a way that is sustainable over the long term.

Discussion:
A public notice and comment period was in place from May 23, 2023 through June 22, 2023.
The City of Kalamazoo and EGLE received three comments during this period of time: KEPCO,
Graphic Packaging International and Pfizer Corporation.
FISCAL IMPACT:
There are no direct measurable immediate fiscal impacts of the proposed ordinance.
Fax: 269.337.8182
Page 84 of 885
S TATE OF M ICHIGAN
DEPARTMENT OF
ENVIRONMENT, GREAT LAKES, AND ENERGY
KALAMAZOO DISTRICT OFFICE
GRETCHEN WHITMER PHILLIP D. ROOS
GOVERNOR DIRECTOR
August 31, 2023
VIA EMAIL
James Cornell, Wastewater Division Manager

City of Kalamazoo
1415 Harrison Street
Dear James Cornell:
SUBJECT: Industrial Pretreatment Program, Modification Approval

National Pollutant Discharge Elimination System (NPDES)
Permit No. MI0023299
Kalamazoo Wastewater Treatment Plant (WWTP)
The Department of Environment Great Lakes and Energy (EGLE), Water Resources
Division (WRD) staff has reviewed the City of Kalamazoo’s MiEnviro submittal for toxic
pollutant local limits on August 31, 2017, the Special Allocation Procedures on
September 6, 2017, a pH local limit report on November 30, 2017, a compatible local
limits report on November 30, 2017, a draft Special Allocation language to be included in
the sewer use ordinance on August 1, 2019, and subsequent revisions submitted
through April 10, 2023, for a substantial modification to your Industrial Pretreatment
Program (IPP), which is contained in NPDES Permit No. MI0023299. The WRD finds the
requested modifications approvable.
A public notice was published on May 23, 2023, in the Kalamazoo Gazette and
comments were received and taken into consideration in the approval of the submission.
Staff are in agreement with the proposed substantial changes to the following:
• Sewer Use Ordinance.
• Local Limits. The local limits were proposed as maximum allowable industrial
loadings (MAILs) to be distributed through Special Allocated Limits (SALS), if
eligible, and standard local limits as follows in Table 1.
• Special Allocation Procedures.
The following proposed local limits and maximum allowable headworks loadings are
approvable. There were several pollutants, noted in the table below, that used literature
values for background data. Pollutants that had higher than average domestic
concentrations were determined to not be representative of the entire collection system.
EGLE will accept the proposed limits as approvable, but if a limit is shown to be too high
then the limit for that pollutant may be required to be revised.
Table 1, Approved Compatible and Toxic Local Limits

Proposed MAIL Proposed Limit
Current Limit
Parameter pounds per day milligrams per liter
(mg/L)
or (lbs/day) or (mg/L)
Arsenic -- 11.4 0.27
Cadmium 0.040 7.54 0.075
Page 85 of 885
James Cornell 2 August 31, 2023
Chromium 4.67 235 4.90

Copper @ 2.23 82.4 1.9
Cyanide, Available -- 4.21 0.10
Lead 0.110 45.3 0.36
Lithium -- 102 2.40
Mercury <0.0002 0.0131 <0.0002
Molybdenum -- 27.1 0.65
Nickel 1.59 38.3 0.92
Selenium -- 2.35 0.056
Silver -- 1.43 0.025
Zinc 5.30 528 7.20
Acetone -- 99,000 1900
Benzene -- 91.8 1.80
Ethylbenzene -- 11.7 0.28
Methylene 1,100
-- 16
Chloride
Toluene -- 225 3.5
Xylene -- 21.2 0.51
Methanol -- 93.500 2200
Ammonia @ -- 5,000 *
Biochemical 168,000
Oxygen Demand -- *
(BOD5) #
Total Suspended 120,000
-- *
Solids @
Phosphorus -- 4,100 *
Fats, Oils, and 9,100
Grease (FOG), -- 220
Total @
FOG, Nonpolar -- 4,550 100
* SAL allocated limits
# BOD5 may be expressed as COD at the CAs discretion
@ Literature values from MWEA local limits survey (2012) were used in lieu of background
data.
Staff review of the local limits submittal considered methodology and data, provided by
the permittee, to demonstrate that the limits will protect against the pass-through of
pollutants and prevent interference with the Publicly Owned Treatment Works (POTW).
This review did not include compliance with the worker health and safety requirements
contained in the federal regulation Title 40, Code of Federal Regulations, Part 403.5,
National Pretreatment Standards: Prohibited Discharges, (40 CFR 403.5(b)(7)). For
further information regarding worker health and safety requirements, you may wish to
contact the Department of Licensing and Regulatory Affairs, General Industry Safety &
Health Division at 517-322-1831, or refer to the Environmental Protection Agency,
“Guidance to Protect POTW Workers from Fume Toxicity and Reactivity” (June 1992).
Page 86 of 885
James Cornell 3 August 31, 2023
Staff is also in receipt of the attorney certification required by R 323.2307 of the

Michigan Administrative Code.
This program modification meets the minimum requirements and is hereby approved,
except for the sewer use ordinance. The sewer use ordinance is approvable but shall be
adopted by the City of Kalamazoo before approval can be given by WRD.
This approval does not constitute a release or waiver of liability for compliance with your
NPDES permit, your NPDES permit application or Part 31, Water Resources Protection,
of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.
This approval, except for the sewer use ordinance, is effective immediately.
Once adopted, please submit certified copies of all adopted Legal Authorities via
MiEnviro for review of approval.
We appreciate your efforts to maintain compliance with NPDES Permit No. MI0023299
and your IPP. Should you require further information, please contact me at the number
below or Terri Shattuck at 269-312-0548; ShattuckT@Michigan.gov; or EGLE, WRD,
Kalamazoo District Office, 7953 Adobe Road, Kalamazoo, MI 49009.
Sincerely,
Jen Klang
District Supervisor
Kalamazoo District Office
Water Resources Division
269-568-2697
JK:TS:DMM
cc: Matt Staron, EGLE

Jeremy Rubio, EGLE
Terri Shattuck, EGLE
Pamela Willard, EGLE
Steve Rochow, City of Kalamazoo
Page 87 of 885
ORDINANCE NO. ________
AN ORDINANCE TO REPEAL EXISTING CHAPTER 28 (“WASTEWATER

DISCHARGE REGULATIONS AND ENFORCEMENT PROCEDURES”) OF THE
KALAMAZOO CITY CODE OF ORDINANCES, AND TO ENACT A NEW CHAPTER 28
(“SEWER USE AND PRETREATMENT”) OF THE KALAMAZOO CITY CODE OF
ORDINANCES, TO REGULATE THE USE OF PUBLIC AND PRIVATE SEWERS AND
DRAINS, PRIVATE SEWAGE DISPOSAL, SEWER INSTALLATIONS AND
CONNECTIONS, AND DISCHARGES OF WASTEWATER AND POLLUTANTS INTO
THE CITY’S PUBLICLY OWNED TREATMENT WORKS (“POTW”); TO REQUIRE
PRETREATMENT OF NONDOMESTIC WASTES BY USERS OF THE POTW,
PROVIDE FOR USER PERMITS AND MONITORING AND REPORTING
REQUIREMENTS FOR USERS; AND TO PROVIDE FOR ENFORCEMENT,
PENALTIES, AND OTHER RELIEF FOR VIOLATIONS.
THE CITY OF KALAMAZOO, MICHIGAN, ORDAINS:
1. Repeal of existing Chapter 28 (“Wastewater Discharge Regulations and
Enforcement Procedures”) of the Kalamazoo City Code of Ordinances. Existing Chapter 28
(“Wastewater Discharge Regulations and Enforcement Procedures”) of the Kalamazoo City Code
of Ordinances are hereby repealed in its entirety.
2. Enactment of a new Chapter 28 (“Sewer Use and Pretreatment”) of the
Kalamazoo City Code of Ordinances. A new Chapter 28 (“Sewer Use and Pretreatment”) of the
Kalamazoo City Code of Ordinances is hereby adopted to read in its entirety as follows:
TABLE OF CONTENTS
ARTICLE 1. GENERAL PROVISIONS................................................................................................................6

28.01.01. PURPOSE AND SCOPE .......................................................................................................................6
28.01.02. DEFINITIONS....................................................................................................................................8
ARTICLE 2. USE OF PUBLIC SEWERS REQUIRED.....................................................................................36
28.02.01. PUBLIC SANITARY SEWER SYSTEM; DECLARATION OF NECESSITY ..............................................36
28.02.02. UNLAWFUL DEPOSITION ...............................................................................................................37
28.02.03. UNLAWFUL CONSTRUCTION..........................................................................................................37
28.02.04. REQUIRED CONNECTION TO AVAILABLE SANITARY SEWER.........................................................37
28.02.05. PUBLIC SEWER BECOMES AVAILABLE ..........................................................................................38
28.02.06. PRIVATE TREATMENT AND DISPOSAL REQUIREMENTS .................................................................38
28.02.07. ADDITIONAL PUBLIC HEALTH REQUIREMENTS .............................................................................39
ARTICLE 3. SEWER SERVICE LATERALS AND CONNECTIONS ...........................................................39
28.03.01. WASTE DISCHARGE PROHIBITED EXCEPT THROUGH APPROVED SEWER CONNECTION................39
28.03.02. CONNECTION PERMIT REQUIRED ..................................................................................................40
Page 88 of 885
______________________________________________________________________________
City of Kalamazoo Sewer Use and Pretreatment Ordinance
______________________________________________________________________________
28.03.03. SEWER CONNECTION PERMITS; CONNECTION COSTS; PERFORMANCE BONDS AND INSURANCE ..40
28.03.04. MULTIPLE BUILDINGS; SEPARATE USES WITHIN BUILDINGS ........................................................42
28.03.05. EXISTING SEWER SERVICE LATERALS...........................................................................................43
28.03.06. CONSTRUCTION SPECIFICATIONS ..................................................................................................43
28.03.07. SEWER SERVICE LATERAL ELEVATION AND LOCATION................................................................43
28.03.08. FLOOR DRAINS; BACKWATER VALVE DEVICES ............................................................................44
28.03.09. LOW SEWER SERVICE LATERALS ..................................................................................................44
28.03.10. CONNECTION SPECIFICATIONS ......................................................................................................44
28.03.11. PROTECTION AND RESTORATION ..................................................................................................44
28.03.12. CONNECTION TO SOURCES OF RUNOFF PROHIBITED .....................................................................45
28.03.13. PRETREATMENT OF ANY DISCHARGE MAY BE REQUIRED ...........................................................45
ARTICLE 4. CONDITIONS OF SERVICE ........................................................................................................45
28.04.01. RESPONSIBILITIES AND LIABILITIES FOR SEWER SERVICE LATERALS ..........................................45
28.04.02. WATER METERS ............................................................................................................................47
28.04.03. DISRUPTION OF SERVICE ...............................................................................................................48
28.04.04. SERVICE INSPECTIONS ...................................................................................................................48
ARTICLE 5. DISCHARGE PROHIBITED WITHOUT....................................................................................48
REQUIRED APPROVALS, PERMITS, AND TREATMENT..............................................................................48
28.05.01. DISCHARGE PROHIBITED WITHOUT REQUIRED APPROVALS, PERMITS, AND TREATMENT ............48
ARTICLE 6. REGULATION OF DISCHARGES TO THE POTW.................................................................49
28.06.01. DISCHARGE PROHIBITIONS ............................................................................................................49
28.06.02. PRETREATMENT STANDARDS AND REQUIREMENTS ......................................................................70
28.06.03. RIGHT OF REVISION .......................................................................................................................72
28.06.04. POTW’S RIGHT TO REFUSE OR CONDITION DISCHARGE ..............................................................72
28.06.05. MOST RESTRICTIVE STANDARDS AND REQUIREMENTS APPLY .....................................................73
28.06.06. PROHIBITED AS SUBSTITUTE FOR TREATMENT..............................................................................73
ARTICLE 7. USER PERMITS ................................................................................................................................74
28.07.01. USER PERMIT REQUIRED ...............................................................................................................74
28.07.02. DETERMINATION OF USER STATUS ...............................................................................................75
28.07.03. PERMIT APPLICATION DEADLINES ................................................................................................76
28.07.04. PERMIT APPLICATION REQUIREMENTS..........................................................................................77
28.07.05. PERMIT ISSUANCE, DENIAL, OR DETERMINATION THAT PERMIT NOT REQUIRED..........................82
28.07.06. PERMIT CONDITIONS .....................................................................................................................84
28.07.07. PERMIT MODIFICATIONS ...............................................................................................................87
28.07.08. PERMIT DURATION ........................................................................................................................88
28.07.09. PERMIT REISSUANCE .....................................................................................................................89
28.07.10. CONTINUATION OF EXPIRED PERMITS ...........................................................................................89
28.07.11. PERMIT SUSPENSION AND REVOCATION .......................................................................................89
28.07.12. LIMITATIONS ON PERMIT TRANSFER .............................................................................................91
28.07.13. DUTY TO PROVIDE INFORMATION .................................................................................................92
28.07.14. PERMIT APPEALS ...........................................................................................................................92
28.07.15. PERMITS NOT STAYED ..................................................................................................................93
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28.07.16. PERMIT FEES .................................................................................................................................93

ARTICLE 8. REPORTING AND NOTICE REQUIREMENTS .......................................................................93
28.08.01. REPORTS BY NONDOMESTIC USERS REGARDING CATEGORICAL PRETREATMENT STANDARDS
AND REQUIREMENTS ..............................................................................................................94
28.08.02. REPORTS REQUIRED FOR NONDOMESTIC USERS NOT SUBJECT TO CATEGORICAL PRETREATMENT
STANDARDS ...........................................................................................................................95
28.08.03. NOTICE BY USER OF POTENTIAL PROBLEMS .................................................................................96
28.08.04. NOTICE BY USER OF VIOLATION OF PRETREATMENT STANDARDS ...............................................96
28.08.05. NOTICE BY USER OF CHANGED DISCHARGE OR CHANGE IN USER STATUS ..................................96
28.08.06. NOTICE BY USER REGARDING WASTES THAT ARE OTHERWISE HAZARDOUS .............................98
28.08.07. NOTICE BY USER REGARDING INSTALLATION OF NEW PRETREATMENT FACILITIES ....................98
28.08.08. NOTICE OF INTENT ........................................................................................................................98
28.08.09. OTHER REPORTS AND NOTICES REQUIRED BY THIS SECTION OR BY OTHER APPLICABLE LAWS
AND REGULATIONS ................................................................................................................99
28.08.10. REQUIREMENTS APPLICABLE TO ALL REQUIRED REPORTS, NOTIFICATIONS, AND APPLICATIONS
...............................................................................................................................................99
28.08.11. SIGNATURE AND CERTIFICATION REQUIREMENTS ......................................................................101
ARTICLE 9. SAMPLING, ANALYSIS AND MONITORING REQUIREMENTS......................................102
28.09.01. SAMPLING AND ANALYTICAL TECHNIQUES AND PROCEDURES ..................................................102
28.09.02. SAMPLING FREQUENCY ...............................................................................................................103
28.09.03. SAMPLE TYPES ............................................................................................................................103
28.09.04. SAMPLING METHODS, EQUIPMENT AND LOCATION ....................................................................104
28.09.05. COSTS OF MONITORING, SAMPLING AND ANALYSES ..................................................................104
28.09.06. SELF-MONITORING ......................................................................................................................105
28.09.07. SAMPLING AND ANALYSES PERFORMED BY POTW....................................................................106
28.09.08. SPLIT SAMPLES AND SAMPLE RESULTS .......................................................................................106
28.09.09. MAINTENANCE, REPAIR AND CALIBRATION OF EQUIPMENT .......................................................107
28.09.10. REQUIRED SAMPLING STRUCTURES AND DEVICES .....................................................................107
28.09.11. DETERMINATION OF FLOW ..........................................................................................................109
ARTICLE 10. ACCIDENTAL DISCHARGES .....................................................................................................110
28.10.01. GENERAL.....................................................................................................................................110
28.10.02. DESIGNATION OF PERSON IN CHARGE OF DISCHARGE OPERATIONS ...........................................111
28.10.03. DESCRIPTION OF CHEMICALS STORED, USED OR MANUFACTURED BY USER; USER DISCHARGES;
USER PREMISES....................................................................................................................112
28.10.04. SEGREGATION OF WASTEWATERS REQUIRING PRETREATMENT .................................................112
28.10.05. SECONDARY CONTAINMENT REQUIREMENTS .............................................................................113
28.10.06. SUBMISSION OF POLLUTION INCIDENT PREVENTION PLAN .........................................................114
28.10.07. POSTING OF ACCIDENTAL DISCHARGE INFORMATION ................................................................114
28.10.08. NOTICE OF ACCIDENTAL DISCHARGE .........................................................................................114
28.10.09. SLUG CONTROL PLAN .................................................................................................................115
ARTICLE 11. UPSET AND ADDITIONAL AFFIRMATIVE DEFENSES .....................................................117
28.11.01. UPSET ..........................................................................................................................................117
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28.11.02. ADDITIONAL AFFIRMATIVE DEFENSES........................................................................................118

ARTICLE 12. BYPASS ...........................................................................................................................................118
28.12.01. BYPASS NOT VIOLATING APPLICABLE PRETREATMENT STANDARDS OR REQUIREMENTS..........118
28.12.02. BYPASS PROHIBITED ...................................................................................................................119
28.12.03. REQUIRED NOTICES.....................................................................................................................119
28.12.04. POTW APPROVED BYPASS .........................................................................................................120
ARTICLE 13. CONFIDENTIAL INFORMATION ............................................................................................120
28.13.01. CONFIDENTIAL INFORMATION .....................................................................................................120
ARTICLE 14. RECORDS RETENTION..............................................................................................................122
28.14.01. MAINTENANCE OF RECORDS .......................................................................................................122
ARTICLE 15. MANAGEMENT, SUPERVISION, AND CONTROL OF THE POTW..................................123
28.15.01. MANAGEMENT, SUPERVISION, AND CONTROL OF POTW ...........................................................123
28.15.02. POWERS OF DIRECTOR ................................................................................................................124
ARTICLE 16. USER POLLUTION CONTROLS ...............................................................................................125
28.16.01. PROVISION BY USERS OF NECESSARY PRETREATMENT FACILITIES ............................................125
28.16.02. PROPER OPERATION AND MAINTENANCE ...................................................................................126
28.16.03. REMOVED SUBSTANCES ..............................................................................................................126
28.16.04. DUTY TO HALT OR REDUCE ACTIVITY ........................................................................................126
28.16.05. DUTY TO MITIGATE.....................................................................................................................127
28.16.06. DUTY TO PRETREAT PRIOR TO DISCHARGE TO POTW................................................................127
28.16.07 IMPLEMENTATION OF BEST MANAGEMENT PRACTICES OR BEST MANAGEMENT PRACTICES PLAN
.............................................................................................................................................127
28.16.08. FOG INTERCEPTORS; ALTERNATE FOG PRETREATMENT TECHNOLOGY; SAND TRAPS. ............129
28.16.09. DENTAL AMALGAM; AMALGAM SEPARATORS ...........................................................................137
28.16.10. ADDITIONAL PRETREATMENT MEASURES...................................................................................144
ARTICLE 17. ENFORCEMENT...........................................................................................................................145
28.17.01. POTW INSPECTION, SURVEILLANCE AND MONITORING AUTHORITY; RIGHT OF ENTRY ............145
28.17.02. NOTICE OF VIOLATION ................................................................................................................148
28.17.03. ORDERS AND SUPPLEMENTAL ENFORCEMENT TOOLS ................................................................149
28.17.04. SERVICE OF NOTICES OF VIOLATIONS, ORDERS AND NOTICES OF ASSESSMENTS .......................154
28.17.05. PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE .......................................................156
28.17.06. MUNICIPAL CIVIL INFRACTIONS..................................................................................................157
28.17.07. CRIMINAL PENALTIES; IMPRISONMENT .......................................................................................158
28.17.08. CONTINUING VIOLATION.............................................................................................................159
28.17.09. NUMBER OF VIOLATIONS ............................................................................................................159
28.17.10. NUISANCE ...................................................................................................................................161
28.17.11. REIMBURSEMENT ........................................................................................................................161
28.17.12. REVIEW OR APPROVAL BY CITY..................................................................................................163
28.17.13. SEVERANCE OR SUSPENSION OF SEWER AND/OR WATER SERVICE .............................................163
28.17.14. JUDICIAL RELIEF .........................................................................................................................164
28.17.15. CUMULATIVE REMEDIES .............................................................................................................164
ARTICLE 18. ADMINISTRATIVE REVIEW AND APPEALS........................................................................164
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28.18.01. PROCEDURES AVAILABLE ...........................................................................................................164

28.18.02. INFORMAL REVIEW AND RECONSIDERATION BY THE DIRECTOR.................................................165
28.18.03. FORMAL APPEAL TO WASTEWATER BOARD OF APPEALS ...........................................................165
28.18.04. PAYMENT OF CHARGES, PENALTIES, FINES, AND OTHER COSTS OR FEES...................................168
28.18.05. FINALITY OF ACTION...................................................................................................................168
28.18.06. APPEALS FROM DETERMINATION OF WBA.................................................................................168
ARTICLE 19. PROTECTION FROM DAMAGE ...............................................................................................169
28.19.01. PROTECTION FROM DAMAGE ......................................................................................................169
ARTICLE 20. MUNICIPAL LIABILITY.............................................................................................................169
28.20.01. MUNICIPAL LIABILITY.................................................................................................................169
ARTICLE 21. USE OF PUBLIC SEWERS CONDITIONAL ............................................................................169
28.21.01. USE OF PUBLIC SEWERS CONDITIONAL .......................................................................................169
ARTICLE 22. INDUSTRIAL PRETREATMENT PROGRAM FEES .............................................................170
28.22.01. PURPOSE......................................................................................................................................170
28.22.02. IPP FEES......................................................................................................................................170
28.22.03. IPP FEE AMOUNTS ......................................................................................................................171
28.22.04. SURCHARGES ..............................................................................................................................171
28.22.05. BILLING AND COLLECTION OF IPP FEES .....................................................................................172
ARTICLE 23. SEWER SERVICE CHARGES, RATES, AND FEES ...............................................................172
28.23.01. SYSTEM TO BE OPERATED ON RATE BASIS ...................................................................................172
28.23.02. CONNECTION CHARGES ...............................................................................................................172
28.23.03. WASTEWATER SERVICE CHARGES TO BE CHARGED FOR ALL CONNECTIONS; BASIS; METERS ......173
28.23.04. RATE SCHEDULES ESTABLISHED BY CITY COMMISSION; ADDITIONAL CHARGES ........................174
28.23.05. CLASSIFICATION OF USERS FOR BILLING PURPOSES .....................................................................175
28.23.06. APPLICABILITY OF DEMAND CHARGE TO PROPERTY NOT CONNECTED TO SEWER........................175
28.23.07. BILLING; RESPONSIBILITY FOR PAYMENT ....................................................................................176
28.23.09. CHARGES AS LIEN; COLLECTION BY SUIT, DISCONTINUING WASTEWATER SERVICE FOR FAILURE TO
PAY ......................................................................................................................................176
28.23.10. DISPOSITION OF REVENUE ...........................................................................................................177
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CHAPTER 28
SEWER USE AND PRETREATMENT
ARTICLE 1. GENERAL PROVISIONS
28.01.01. Purpose and Scope
A. The purposes of this Chapter include, but are not limited to, the following:
1. To establish uniform requirements for discharges by all users to the City of Kalamazoo
Publicly Owned Treatment Works (“POTW”), and to enable the City to comply with
applicable State and Federal laws as required by the Federal Water Pollution Control
Act (also known as the “Clean Water Act”), as amended, 33 USC 1251, et seq.; the
General Pretreatment Regulations (40 CFR Part 403); Part 31 of Act 451 of the Public
Acts of Michigan of 1994, MCL §§ 324.3101 et seq., as amended (“Water Resources
Protection”); and the rules, Michigan Administrative Code, R 323.2301 et seq., as
amended, promulgated pursuant to Sections 3103, 3106 and 3109 of Part 31 of Act
451 of the Public Acts of Michigan of 1994, as amended.
2. To prevent the discharge of wastewater or pollutants into the POTW that do not meet
applicable pretreatment standards and requirements; that could interfere with the
operation of the POTW; that could pass through the POTW into the receiving waters
or the atmosphere, the environment, or otherwise be incompatible with the POTW;
that could inhibit or disrupt the POTW’s processing, use, or disposal of sludge; that
could cause health or safety problems for POTW workers; or that could result in a
violation of the City’s NPDES permit or of other applicable laws and regulations.
3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the
POTW.
4. To regulate the discharge of wastewater and/or pollutants to the POTW or the

environment and to enforce the requirements of this Chapter through the issuance of
permits and through other means as provided by this Chapter.
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5. To authorize and require all inspection, monitoring, reporting and enforcement

activities as necessary to insure compliance with applicable pretreatment standards
and requirements and other applicable laws and regulations.
6. To provide for the equitable distribution and recovery of costs from users of the POTW
sufficient to administer regulatory activities and to meet the costs of the operation,
maintenance, repair, replacement, and improvement of the POTW.
7. To promote waste minimization in the areas served by the Director.
8. To otherwise protect the public health, safety, and welfare, and the environment.
B. This Chapter applies to any person, whether located within the City or outside the City,
that discharges to the POTW.
C. This Chapter also applies to any person owning, using, constructing or maintaining any
private system or facility intended or used for the disposal of sewage or wastewater within
the City or under the City’s jurisdiction.
D. Any other local unit of government that discharges into the POTW (or that has users or
premises that discharge into the POTW) shall, as a condition to discharge:
1. Adopt, and to keep continually in force and up-to-date, an ordinance that, except as
specifically provided by this subsection, shall be identical to the sewer use and
pretreatment regulations as provided by this Chapter (and as this Chapter is
amended from time to time by the City). The ordinance adopted by the local unit
shall expressly designate, empower and authorize the City to act as the agent and
representative of the local unit for purposes of administering and enforcing the local
unit’s ordinance within the local unit. This shall include, but shall not be limited to,
the power and authority of the City, as deemed necessary by the City, to
immediately and independently investigate, enforce, and prosecute
(administratively or judicially, and civilly or criminally) any violation of the local
unit’s ordinance or of any notice, order, permit, decision or determination
promulgated, issued or made by the Director under this Chapter or the local unit’s
ordinance, and to otherwise implement the requirements of this Chapter and the
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local unit’s ordinance. The only other deviations and differences permitted between
this Chapter and the local unit’s ordinance shall be those that reflect the fact that
the local unit’s ordinance is being adopted as an ordinance by the Local Unit, and
any other deviations or differences that are approved in advance by the City.
2. Enter into an interjurisdictional agreement with the City that allows the City, as the
designated control authority for the POTW, to implement and enforce its industrial
pretreatment program, including this Chapter, with regard to users throughout the
City’s service area and regardless of jurisdictional or political boundaries.
E. It shall be unlawful for any person to discharge any wastewater or pollutant to the POTW
or to any storm sewer or natural outlet within the City or in any area under the jurisdiction
of the City, except in accordance with the provisions of this Chapter and other applicable
laws and regulations.
F. If any user discharges or proposes to discharge wastewaters or pollutants that are prohibited
or limited by this Chapter, the City may take any action as provided by this Chapter or
other applicable laws or regulations to assure and require compliance with the provisions
of this Chapter.
G. This Chapter was formerly known and referred to as Chapter 28 (“Wastewater Discharge
Regulations and Enforcement Procedures”) of the Kalamazoo City Code of Ordinances.
Former Chapter 28 (“Wastewater Discharge Regulations and Enforcement Procedures”)
was repealed in its entirety and replaced by this Chapter 28 (“Sewer Use and
Pretreatment”). References to former Chapter 28 (“Wastewater Discharge Regulations and
Enforcement Procedures”) in other chapters or provisions of the City Code of Ordinances
or City regulations shall be construed to mean and refer to this Chapter 28 (“Sewer Use
and Pretreatment”), as amended from time-to-time.
28.01.02. Definitions
Unless the context specifically indicates otherwise, the following terms shall have the following
meanings as used in this Chapter:
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“Act” means Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC. 1251, et seq.
“Alternative FOG Pretreatment Technology” or “AFPT” means a device to trap, separate, and
hold FOG from wastewater and prevent it from being discharged into the POTW, other than an
outdoor FOG interceptor.
“Ammonia Nitrogen” or “NH3 as N” means one of the oxidation states of nitrogen in which
nitrogen is combined with hydrogen in molecular form as NH3 or in ionized form as NH+4, and is
determined quantitatively in accordance with U.S. EPA procedures set forth in the latest version
of 40 CFR 136.
“Authorized Representative.” When used in reference to a Nondomestic User, “authorized

representative” means as follows:
A. If the user is a corporation, a responsible corporate officer. “Responsible corporate officer”

means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy- or
decision-making functions for the corporation; or (ii) the manager of one or more
manufacturing, production, or operating facilities, provided, the manager is authorized to
make management decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment recommendations,
and initiate and direct other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure that the necessary systems
are established or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
B. If the user is a partnership or proprietorship, a general partner or proprietor, respectively.
C. If the user is a federal, state or local governmental entity, the principal executive officer,
ranking elected official, or director having responsibility for the overall operation of the
discharging facility.
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D. A duly authorized representative of an individual designated in (A), (B) or (C) above, if

the representative is responsible for the overall operation of the facilities from which the
discharge to the POTW originates.
(1) To be considered “duly authorized,” the authorization must be made in writing by

an individual designated in (A), (B) or (C) above. The authorization must specify
either an individual or a position having responsibility for the overall operation of
the facility (such as the position of plant manager, operator of a well or well field,
or a position of equivalent responsibility, or having overall responsibility for the
environmental matters for the company or entity). The written authorization must
be submitted to the Director prior to or together with any reports to be signed by
the authorized representative.
(2) If an authorization under (D)(1) above is no longer accurate because a different

individual or position has responsibility for the overall operation of the facility, or
overall responsibility for environmental matters for the company or entity, a new
written authorization must be submitted to the Director prior to or together with any
reports to be signed by the newly authorized representative.
“Background Sewage Concentrations” or “Background Concentrations” means, in general,

the estimated background influent pollutant loads from influent sources such as domestic users,
and nondomestic users not subject to User Permits or other controls, as determined pursuant to the
KWRP’s most recent MAHL study.
“Best Management Practice” or “BMP” means any practice, program, procedure, control,
technique or measure (used singularly or in combination), that a user is required to adopt or
implement to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or
other substances to the POTW, as determined necessary by the Director. BMPs include, but are
not limited to: schedules of activities; pollution treatment practices or devices; prohibitions of
practices; good housekeeping practices; pollution prevention, minimization and reduction
measures; educational practices and programs; maintenance procedures; other management
programs, practices or devices; treatment requirements; notice, reporting, and record-keeping
requirements; and operating procedures and practices to control or contain site runoff, spillage or
leaks, batch discharges, sludge or water disposal, or drainage from product and raw materials
storage. BMPs may be structural, non-structural, or both. In determining what BMPs will be
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required of a user in a particular case, the Director may consider all relevant technological,
economic, practical, and institutional considerations as determined relevant and appropriate by the
Director, consistent with achieving and maintaining compliance with the requirements of this
Chapter and other applicable laws and regulations.
“BOD” means biochemical oxygen demand.
“BOD5” means the quantity of dissolved oxygen used in the biochemical oxidation of organic
matter under standard laboratory procedure in 5 days at 20 degrees C., expressed in terms of weight
and concentration (milligrams per liter).
“Building Drain.” See definition of “Sewer.”
“Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment
process or facility needed for compliance with pretreatment standards or requirements.
“Calendar Day” means the full 24-hour period beginning at 12 o’clock midnight of a day and
ending at 12 o’clock midnight of the following day.
“Calendar Month” means the full period of calendar days beginning at 12 o’clock midnight of
the first calendar day of a month and ending at 12 o’clock midnight of the last calendar day in that
same month.
“Capital Charges” means those amounts paid by each user connected to the POTW to pay the debt
service requirements and capital expenditures to enlarge or improve the wastewater system.
“Categorical Pretreatment Standard” or “Categorical Standard” means any regulation

containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections
307(b) and (c) of the Clean Water Act, 33 USC 1317, which apply to a specific category of users
and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471, as amended from time to
time.
“Categorical User” means a user subject to a categorical pretreatment standard.
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“CBOD” (denoting Carbonaceous Biochemical Oxygen Demand) means the quantity of oxygen
utilized (less the nitrogenous demand by the addition of a nitrogen inhibitor) in the biological
oxidation of organic matter under standard laboratory procedures for five days at 20 degrees
Celsius, usually expressed as a concentration (e.g., mg/l).
“Cesspool” means an underground pit into which domestic waste is discharged and from which
the liquid seeps into the surrounding soil or is otherwise removed.
“CFR” means Code of Federal Regulations.
“City” means the City of Kalamazoo, Kalamazoo County, Michigan, or the City’s authorized
representatives.
“COD” (denoting “Chemical Oxygen Demand”) means a measure of oxygen-consuming capacity

of inorganic and organic matter present in water or wastewater. It is expressed as the amount of
oxygen consumed from a chemical oxidant in a specified test. It does not differentiate between
stable and unstable organic matter and thus does not necessarily correlate with biochemical oxygen
demand. Also known as oxygen consumed (OC) and dichromate oxygen consumed (DOC),
respectively.
“Collection System Limitation” or “CSL” means a not-to-exceed concentration determined

necessary to protect the POTW that applies to pollutants with the potential to cause obstruction of
flow, fire, explosion, toxic fumes, structural corrosion, or other adverse conditions.
“Compatible Pollutant” means a pollutant that, as determined by the Director, is susceptible to

effective treatment by the Director as designed, and which will not interfere with, or pass through,
the POTW, and which is otherwise not incompatible with the treatment processes or in excess of
the capacity at the POTW. The term “compatible” is a relative concept that must be determined on
a case-by-case basis. In determining whether or not a pollutant is compatible with the POTW, the
Director may consider, without limitation, the nature and qualities of the pollutant, and the
concentration, mass, and flow rate at which the pollutant is (or is proposed to be) discharged. Thus,
for example, even pollutants such as BOD, fats, oils or grease, phosphorous, suspended solids, and
fecal coliform bacteria, which may typically be considered “compatible,” may be determined
incompatible by the Director if discharged in concentrations or flows that would cause interference
or pass through or exceed the POTW’s capacity. Specifically excluded from the definition of
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compatible pollutant are “heavy” metals, PCBs, and any pollutants that will likely contribute or
cause operational or sludge disposal problems or unacceptable discharges to the receiving waters.
“Compliance Schedule” means a schedule of remedial measures or actions that includes an

enforceable sequence of events for the commencement or completion of actions leading to
compliance with a pretreatment standard or requirement.
“Composite Sample” means a series of individual samples, collected on a flow or time

proportional basis, taken at regular intervals over a specific time period and combined into a single
sample (formed either by continuous sampling or by mixing discrete samples) representative of
the average stream during the sampling period. For categorical sampling, a composite sample shall
consist of at least four (4) individual samples taken within a 24-hour period.
“Cooling Water” means water used for cooling purposes only, including both contact and non-
contact cooling water.
“Cooling Water (contact)” means water used for cooling purposes only that may become
contaminated or polluted either through the use of water treatment chemicals (such as corrosion
inhibitors or biocides) or by direct contact with process materials and/or wastewater.
“Cooling Water (non-contact)” means water used for cooling purposes only that has no direct
contact with any raw material, intermediate product, final product, or waste, and that does not
contain a detectable level of contaminants higher than that of the intake water (for example, the
water discharged from uses such as air conditioning, cooling, or refrigeration, or to which the only
pollutant added is heat).
“County Health Department” means the Kalamazoo County Health and Community Services
Department or its successor agency.
“Daily Maximum” means the maximum discharge of pollutants or flow (expressed in terms of
concentration, mass loading, pounds, gallons or other unit of measurement) that shall not be
exceeded on any single calendar day. Where daily maximum limitations are expressed in terms of
a concentration, the daily discharge is the arithmetic average measurement of the pollutant
concentration derived from all measurements taken that calendar day (except pH and dissolved
oxygen). Where daily maximum limitations are expressed in units of mass, the daily discharge is
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the total mass discharged during the calendar day. If a composite sample is required for a
parameter, the determination whether the daily maximum limitation for that parameter has been
exceeded on a single calendar day shall be based on the composite sample collected for that
parameter on that calendar day. If grab samples are required for a parameter, the determination
whether the daily maximum limitation for that parameter has been exceeded on a calendar day
shall be based on the average of all grab samples collected for that parameter on that calendar day
(except pH and dissolved oxygen). If only one grab sample is collected for a parameter on a given
calendar day, the determination whether the daily maximum limitation for that parameter has been
exceeded for that calendar day shall be based on the results of that single grab sample.
“Days” means, for purposes of computing a period of time prescribed or allowed by this Chapter,
consecutive calendar days.
“Dewatering” means the temporary discharge of groundwater and/or surface water associated
with a construction project requiring the need to maintain below-grade excavation free from
surface or subsurface infiltration of water.
“Dilute” means to weaken, thin down, or reduce the concentration of pollutants in wastewater.
“Director” means the Director (or Acting Director) of the Department of Public Services of the City
or the Director’s designees or authorized representatives.
“Discharge” means the introduction of waste, wastewater, effluent, or pollutants into the POTW,
whether intentional or unintentional, and whether directly (such as through an approved sewer
connection or other approved discharge point as authorized by this Chapter) or indirectly
(including, but not limited to, sources such as inflow and infiltration). Discharge includes the
introduction of waste, wastewater, effluent, or pollutants into the POTW by any means or method
of conveyance, including, but not limited to the following: pipes; conduits; pumping stations;
ditches; tank trucks; the ground through defective pipes, pipe joints, or walls; roof leaders; cellar,
yard, or area drains; foundation drains; drains from springs or wetlands; manhole covers; crossover
pipes from storm sewers; catch basins; storm sewers; surface runoff; street wash waters; or other
drainage.
“Domestic Food Waste” means garbage generated by personal, non-commercial activities

typically associated with preparing meals in a kitchen in a residential dwelling, such as meat,
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poultry, fish, vegetable, fruit, grain, or dairy wastes generated by the storage, preparation, cooking,
serving, dispensing, or canning household food for personal use, as determined by the Director.
“Domestic Food Waste” is composed of putrescible raw or cooked organic matter and its natural
or added moisture content; it does not include food packaging materials or food containers (e.g.,
paper, metal, plastic, glass, etc.) or other non-food wastes or other trash associated with the
domestic food waste.
“Domestic Septage” means liquid or solid material removed from a septic tank, cesspool, portable
toilet, type III marine sanitation device, or similar storage or treatment works that receives only
domestic waste. Domestic septage does not include liquid or solid material removed from a septic
tank, cesspool, or similar facility that receives either commercial wastewater or industrial
wastewater and does not include grease removed from a grease interceptor, grease trap, or other
appurtenance used to retain grease or other fatty substances contained in restaurant waste.
“Domestic Treatment Plant Septage” means biosolids generated during the treatment of
domestic waste in a treatment works and transported to a receiving facility or managed in
accordance with a residuals management program approved by EGLE.
“Domestic User” means a user that discharges only segregated normal strength domestic waste
into the POTW.
“Domestic Waste” or “Domestic Wastewater” means wastewater (or water- or liquid-carried

waste) of human origin generated by personal activities from toilet, kitchen, laundry, or bathing
facilities, or by other similar facilities used for household or residential dwelling purposes
(“sanitary sewage”). Domestic waste shall not include any waste resulting from industrial or
commercial processes, including, without limitation, any hazardous or toxic pollutants. Wastes
that emanate from sources other than residential dwelling units may be considered domestic wastes
only if they are of the same nature and strength and have the same flow rate characteristics as
wastes that emanate from residential dwelling units, as determined by the Director.
“Dwelling” (as in “residential dwelling”) means any structure designed for habitation, including
but not limited to houses, mobile homes, apartment buildings, condominiums, and townhouses
where each dwelling unit contains, at a minimum, sleeping facilities, a toilet, a bath or shower, and
a kitchen.
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“Effluent” means wastewater or other liquid, partially or completely treated, flowing from a
reservoir, basin treatment process, treatment plant, disposal facility or toilet device.
“EGLE” means the Michigan Department of Environment, Great Lakes, and Energy (or any
successor agency of EGLE). EGLE was formerly known as the Michigan Department of
Environmental Quality or “MDEQ.”
“EPA” means the United States Environmental Protection Agency.
“Excessive” means at such a flow, rate, magnitude or amount that, in the judgment of the Director,
it may cause damage to any facility or the POTW; may be harmful to the wastewater treatment
processes; may adversely affect the management or operation of the POTW or POTW sludge
management or disposal; may cause pass through or interference; may violate any pretreatment
standard or requirement; may adversely affect the quality of the receiving waters or the ambient
air quality; may endanger worker health and safety; may constitute a public nuisance; may be
inconsistent with the requirements, purposes or objectives of this Chapter; or may otherwise
adversely impact the public health, safety or welfare or the environment.
“Existing Source” means any source of discharge that is not a “new source” as defined by this
Chapter.
“Fats” or “FOG” means fats, oil, or grease consisting of any hydrocarbons, fatty acids, soaps,
fats, waxes, oils, or any other non-volatile material of animal, vegetable or mineral origin that is
extractable by solvents in accordance with standard methods.
“Flow-proportional Composite Sample” means a combination of individual samples of equal

volume taken at equal intervals of flow with or without consideration of the time between
individual samples, as required and determined appropriate by the Director.
“Food Establishment Septage” means material pumped from a grease interceptor, grease trap, or
other appurtenance used to retain grease or other fatty substances contained in restaurant wastes
and which is blended into a uniform mixture, consisting of not more than one (1) part of that
restaurant-derived material per three (3) parts of domestic septage, prior to land application or
disposed of at a receiving facility.
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“Food Service Establishment” or “FSE” means any premises where, or mobile food service unit
from which, food or beverages are prepared and served or consumed, whether fixed or mobile,
with or without charge, and whether on or off the premises. FSEs shall include, but are not limited
to, restaurants, hotels, taverns, bars, rest homes, schools, factories, institutions, camps, grocery
stores with on-site food preparation, and ice cream parlors. The following shall not be subject to
the interceptor/APT requirements under Section 28.16.08 of this Chapter except as otherwise
determined necessary by the Director to prevent adverse impacts on the POTW or to otherwise
meet the purposes and objectives of this Chapter: (a) A private residential dwelling unit where the
food is prepared and served or consumed solely by the occupants of the dwelling unit; (b) a
premises where the only food prepared and served or consumed is dispensed from automatic
vending machines; (c) a “Temporary Food Service Establishment” meaning an FSE operating at a
fixed location for not more than fourteen (14) consecutive days in conjunction with a single event
or celebration; or (d) Mobile Food Service Units operating at fixed or variable locations; provided
that FOG and food debris generated by a Temporary Food Service Establishment or Mobile Food
Service Unit shall not be discharged to the POTW at any location except at a premises that does
comply with the interceptor/APT requirements under Section 28.16.08 of this Chapter, and in no
case shall any such FOG be discharged to a catch basin, manhole, storm sewer, natural outlet,
surface water, ground water, or be disposed of on the ground.
“Footing drain.” See definition of “Sewer.”
“Garbage” means solid wastes of human origin from the residential or commercial storage,
preparation, cooking, serving, dispensing, canning, or packaging of food, or from the commercial
growing, handling, storage, processing or sale of produce or other edible products, as determined
by the Director. “Garbage” is composed of putrescible raw or cooked organic matter and its natural
or added moisture content; it does not include food packaging materials or food containers (e.g.,
paper, metal, plastic, glass, etc.) or other non-food wastes or other trash associated with food or
produce waste.
“General User Permit” means a permit issued to any user other than a Significant Industrial User
as provided by this Chapter to control discharges to the POTW and to ensure compliance with
applicable pretreatment standards and requirements.
“Good Utility Practices” means any of the practices, methods and acts engaged in or approved
by a significant portion of comparable publicly owned treatment works facilities during the
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relevant time period, or other practices, methods and acts which, in the exercise of reasonable
judgment in light of the facts known at the time the decision was made, could have been expected
to accomplish the desired result consistent with reliability, safety, expedition, applicable local,
state and federal laws and regulations, and at reasonable cost; the term Good Utility Practices is
not intended to be limited to the optimum practices, methods or acts to the exclusion of all others,
but rather to constitute a spectrum of acceptable practices, methods or acts generally accepted
by comparable publicly owned treatment works facilities.
“Grab Sample” means an individual sample that is taken from a wastestream on a one-time basis
without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
“Grease trap” or “grease interceptor” shall mean a device meant to receive the drainage from
fixtures or equipment with FOG-laden waste from a food service establishment or other
nondomestic user’s premises, and may also be described as a device for separating and retaining
FOG, waterborne greases, and grease complexes from wastewater prior to the wastewater exiting
the device and entering the public sewer. Grease traps are generally smaller devices with lower
flow rates and are located inside (often directly under a sink in FSEs), while grease interceptors
are generally larger devices with higher flow rates located outdoors and underground.
“Grinder Pump” means, in a grinder pump system, the device to which the building sewer
connects and which grinds and pumps the sewage to the public sewer for transportation to the
POTW.
“Grinder Pump System” means the publicly owned grinder pump, controls and pressure
discharge pipe, including all control boards, controls, floats, pumps, storage tanks and
appurtenances thereto which provides the connection between the privately owned building sewer
and the public sewer system.
“Hazardous Waste” means any substance discharged or proposed to be discharged into the
POTW, that (1) if otherwise disposed of would be a hazardous waste under 40 CFR Part 261 or
under the rules promulgated under the state hazardous waste management act (Part 111 of Act 451
of the Public Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as amended); or (2) is
otherwise a waste or a combination of waste and other discarded material including solid, liquid,
semisolid, or contained gaseous material that because of its quantity, quality, concentration, or
physical, chemical, or infectious characteristics may cause or significantly contribute to an
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increase in mortality or an increase in serious irreversible illness or serious incapacitating but

reversible illness, or may pose a substantial present or potential hazard to human health or the
environment if improperly treated, stored, transported, disposed of, or otherwise managed, as
determined by the Director.
“Holding Tank Waste” means any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
“Incompatible Pollutant” means any pollutant that is not a compatible pollutant and/or contains
substances which are not amenable to treatment, or wastes which may adversely affect the
treatment process, the effluent, sludge disposal practices, or cause the POTW to violate its NPDES
permit, as determined by the Director.
“Individual Control Document” means a written document issued by the Director to a user to
ensure and enforce compliance with applicable pretreatment standards and requirements,
including, but not limited to, Nondomestic User Permits and General User Permits as provided by
this Chapter.
“Industrial User” means any Nondomestic User that, by any means, contributes, causes or
permits the contribution, introduction or discharge of wastewater or pollutants into the POTW,
whether intentional or unintentional, and whether directly or indirectly.
“Infiltration” means any waters entering the POTW from the ground through such means as, but
not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not
include, and is distinguished from, inflow.
“Inflow” means any waters entering the POTW from sources such as, but not limited to, building
downspouts; roof leaders; cellar, yard, and area drains; foundation and footing drains; cooling
water (non-contact) discharges; drains from springs and swampy areas; manhole covers; cross
connections from storm sewers; catch basins; storm waters; surface runoff; street wash waters; or
drainage. Inflow does not include, and is distinguished from, infiltration.
“Instantaneous Maximum Limit” means the maximum concentration or other measure of

pollutant magnitude of a pollutant allowed to be discharged at any instant in time (independent of
the flow rate or duration of the sampling event). If the concentration or other measure of pollutant
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magnitude determined by analysis of any grab sample, composite sample, or discrete portion of a
composite sample exceeds the instantaneous maximum limit, the instantaneous maximum limit
shall be deemed to have been violated.
“Instantaneous Minimum Limit” means the lowest measure of pollutant magnitude of a

pollutant allowed to be discharged at any instant in time (independent of the flow rate or duration
of the sampling event). If the concentration or other pollutant magnitude determined by analysis
of any grab sample, composite sample, or discrete portion of a composite sample is below the
specified instantaneous minimum limit, the instantaneous minimum limit shall be deemed to have
been violated.
“Interference” means a discharge which, alone or in conjunction with a discharge or discharges

from other sources either:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; or
B. Is a cause of a violation of any requirement of the POTW’s NPDES permit (including an

increase in the magnitude or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions and regulations or
permits issued thereunder (or more stringent State or local regulations) Section 405 of the
Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more
commonly referred to as the Resource Conservation and Recovery Act (RCRA), and
including State regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
“KWRP” or “Kalamazoo Water Reclamation Plant” means the portion of the POTW that is
designed to provide treatment, including recycling or reclamation, of wastewater, and that is
commonly referred to as a POTW wastewater treatment plant (“WWTP”).
“Lateral Sewer.” See definition of “Sewer.”
“lbs/day” means pounds per day.
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“Leachate” means any liquid that has percolated through or out of some substance and that liquid
has been polluted or made toxic by percolating through that substance such as rubbish; a solution
obtained by leaching.
“Liquid Industrial By-Product” means any material that is produced by, is incident to, or results
from industrial, commercial, or governmental activity, or any other activity or enterprise, that is
determined to be liquid by Method 9095 (paint filter liquids test) as described in “Test methods
for evaluating solid wastes, physical/chemical methods,” United States Environmental Protection
Agency Publication No. SW-846, and that is discarded. Liquid industrial by-product does not
include any of the following: (1) Hazardous waste regulated and required to be manifested under
Part 111 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as
amended; (2) Septage waste regulated under part 117 of Act 451 of the Public Acts of Michigan
of 1994, MCL §§ 324.11101 et seq., as amended; (3) Medical waste regulated under part 138 of
the public health code, 1978 PA 368, MCL 333.13801 to 333.13832; (4) A discharge to the waters
of the state in accordance with a permit, order, or rule under Part 31 of Act 451 of the Public Acts
of Michigan of 1994, MCL §§ 324.3101 et seq., as amended; (5) A liquid generated by a
household; (6) A liquid regulated under 1982 PA 239, MCL 287.651 to 287.683, as amended; or
(7) Material managed in accordance with section 12102a of Part 121 of Act 451 of the Public Acts
of Michigan of 1994, MCL §§ MCL 324.12101 et seq, as amended.
“Local Limit” means a specific enforceable prohibition, standard or requirement (numerical or

non-numerical) on discharges by Nondomestic Users established by the Director to meet the
purposes and objectives of this Chapter and to comply with applicable state and federal laws and
regulations.
“MAC” means the Michigan Administrative Code.
“MAHL” or “Maximum Allowable Headworks Loading” means the estimated maximum

influent pollutant loads from all influent sources (such as domestic and nondomestic users and
septage) that can be received at the POTW’s headworks without causing pass through or
interference and consistent with applicable laws and regulations, as determined pursuant to the
“MAIL” or “Maximum Allowable Industrial Loading” means the estimated maximum influent
pollutant loads from nondomestic users (including permitted industrial users and other controlled
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sources) that can be received at the POTW’s headworks without causing pass through or
interference and consistent with applicable laws and regulations, as determined pursuant to the
“May” is permissive.
“Medical Waste” means isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, or dialysis wastes, and includes any medical or infectious wastes
as defined by the EGLE.
“mg/l” means milligrams per liter.
“Mobile Food Service Unit” means any motorized vehicle (or towed trailer) in or from which
food or beverages are prepared and served or consumed, with or without charge. The term includes
vehicles commonly referred to as food trucks or food trailers.
“Monthly Average” means the sum of the concentrations (or mass loadings, expressed in terms
of pounds per day, or such other unit of measurement) of a pollutant divided by the number of
samples taken during a calendar month. The concentrations (or loadings) that are added are single
numbers for single calendar days for all days during the calendar month for which analyses are
obtained (whether by the user or the POTW), but the concentrations (or loadings) may be based
upon a sample or samples taken over either all or part of that day and upon single or multiple
analyses for that day, as determined by the Director. If no samples are taken during particular
months because less than monthly sampling is required for a pollutant parameter (e.g., a specified
quarterly monitoring period), the monthly average for each month within the specified monitoring
period shall be deemed to be the sum of concentrations (or loadings) for the monitoring period
divided by number of samples taken during the monitoring period.
“NAICS” or “North American Industrial Classification System” means the system of

classification for business establishments adopted by the U.S. Office of Management and Budget,
as amended.
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“National Pretreatment Standard” means any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to
industrial users and includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
“Natural Outlet” means any naturally formed outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
“New Source” means any building, structure, facility or installation from which there is or may
be a discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that Section provided that:
A. The building, structure, facility or installation is constructed at a site at which no other

source is located; or
B. The building, structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
C. The production or wastewater generating processes of the building, structure, facility or

installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the new
facility is engaged in the same general type of activity as the existing source should be
considered.
Construction on a site at which an existing source is located results in a modification rather than a
new source if the construction does not create a new building, structure, facility or installation
meeting the criteria of paragraphs (B) or (C) of this Section, above, but otherwise alters, replaces,
or adds to existing process or production equipment. Commencement of construction of a new
source shall be determined in a manner consistent with 40 CFR 403.3(m)(3).
“ng/l” means nanograms per liter.
“NH3-N.” See definition of “Ammonia Nitrogen.”
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“Non-contact Cooling Water.” See “cooling water (non-contact).
“Nondomestic User” means any user other than a Domestic User (i.e., any user that discharges
anything other than segregated normal strength domestic waste into the POTW). The
determination of whether or not a user is a “nondomestic user” shall be made by the Director at
the Director’s sole discretion as determined necessary by the Director to achieve the purposes and
objectives of this Chapter. Any user that has the reasonable potential, as determined by the
Director, to discharge any waste other than normal strength domestic waste into the POTW, may
be deemed a nondomestic user for purposes of this Chapter. For the purposes of this Chapter, and
notwithstanding any other provision of this Chapter to the contrary, any other local unit of
government that contributes, or causes or permits the contribution or introduction of wastewater
or pollutants into the POTW, whether intentional or unintentional, and whether direct or indirect,
shall be considered to be Nondomestic User.
“Nondomestic User Permit” means a permit issued to a Significant Industrial User, or to such
other user as determined appropriate by the Director, as provided by this Chapter to control
discharges to the POTW and to ensure compliance with applicable pretreatment standards and
requirements.
“Nondomestic Waste” or “Nondomestic Wastewater” means any wastewater (or water- or

liquid-carried waste) other than domestic waste. The determination of whether or not a waste is a
“nondomestic waste” shall be made by Director at the Director’s sole discretion as determined
necessary by the Director to achieve the purposes and objectives of this Chapter. Any waste that
has the reasonable potential, as determined by the Director, to be not entirely composed of normal
strength domestic waste may be deemed nondomestic waste for purposes of this Chapter.
“Normal Strength.” With regard to wastewater, “normal strength” means wastewater for which
the concentrations of all pollutants in the wastewater are at or below the corresponding
Background Sewage Concentrations for each pollutant. Similarly, with regard to any single
pollutant parameter, “normal strength” means that the concentration of the pollutant is at or below
the corresponding Background Sewage Concentration for the pollutant. Further, to be considered
normal strength, the wastewater must have a pH between 6.5 and 8.5, must not exceed any local
limit, and must not contain a level of any constituents (either singly or in combination) that might
interfere with POTW treatment processes or cause pass through. The determination of whether or
not wastewater or the concentration of a particular pollutant concentration is “normal strength”
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shall be made by the Director based on such factors (including, but not limited to, the factors
provided by this definition) as determined necessary and appropriate by the Director to achieve
the purposes and objectives of this Chapter.
“NPDES Permit” means a National Pollutant Discharge Elimination System permit issued
pursuant to Section 402 of the Act.
“Obstruction” means anything of whatever nature that impedes the flow of wastewater from the
point of origination to the trunk line and anywhere else within the POTW. This includes, but is not
limited to, objects, sewage, garbage, trash, FOG, tree roots, rocks and debris of any type.
“Operation, Maintenance, Repair, Replacement, and Improvement” means all work,

materials, equipment, utilities, and other efforts required to operate and maintain the POTW
consistent, at a minimum, with insuring adequate treatment of wastewater to produce an effluent
in compliance with the NPDES Permit and other applicable state and federal regulations, and
includes the cost of repair, replacement, and improvement, in whole or in part.
“Outfall” means the point (or points) of discharge by a user to the POTW, approved by the
Director and specified in a User Permit.
“Owner” means the owner of record of the freehold of a premises or lesser estate therein, a
mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other
person, firm or corporation in control of a premises.
“Pass Through” means a discharge that exits the POTW into waters of the State (or waters of the
United States) in quantities or concentrations that, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES
permit or of any requirement of applicable local, state or federal laws and regulations (including
an increase in the magnitude or duration of a violation), or otherwise detrimentally impacts the
receiving stream.
“Person” means any individual, partnership, co-partnership, firm, company, association, society,
corporation, joint stock company, trust, estate, governmental entity, or any other legal entity or
their legal representatives, agents or assigns. The masculine gender shall include the feminine, the
singular shall include the plural where indicated by the context.
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“PFAS” means per- and polyfluoroalkyl substances.
“PFOS” means perfluorooctane sulfonate.
“PFOA” means perfluorooctanoic acid.
“pH” means the quantitative measure of acidity or alkalinity of a solution, defined as the negative
logarithm (base 10) of the concentration of hydronium ions in equivalents/liter.
“Phosphorus” means the total phosphorus content of a sample including all of the
orthophosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic
species, and referred to in Standard Methods as total phosphorus.
“Plumbing Code” means the Michigan Plumbing Code as adopted by the City in Article III
(“Plumbing Code”) of Chapter 9 (“Buildings and Building Regulations”) of the City of Kalamazoo
Code of Ordinances. The Plumbing Code is intended to provide minimum standards to safeguard
life or limb, health, property, and public welfare by regulating and controlling the design,
construction, installation, quality of materials, location, operation and maintenance or use of
plumbing equipment and systems. Where there are differences between the provisions or
requirements of the Plumbing Code and the provisions or requirements of this Chapter or of other
applicable regulations or laws, the most restrictive of those provisions or requirements shall
control, as determined by the Director.
“Pollutant” includes, but is not limited to, any of the following:
A. Any material that is discharged into water or other liquid, including, but not limited to,
dredged spoil, solid waste, incinerator residue, sewage, garbage, trash, biosolids, sewage
sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive
materials, wrecked or discharged equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste.
B. Properties of materials or characteristics of wastewater, including, but not limited to, pH,
heat, TSS, turbidity, color, BOD, COD, toxicity, and odor.
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C. Substances regulated by categorical standards.
D. Substances discharged to the POTW that are required to be monitored by a user under this
Chapter, that are limited in the POTW’s NPDES permit, or that are required to be identified
in the POTW’s application for an NPDES permit.
E. Substances for which control measures on users are necessary to avoid restricting the
POTW’s residuals management program; to avoid operational problems at the POTW; or
to avoid POTW worker health and safety problems.
“Pollution” means the alteration of the chemical, physical, biological and radiological integrity of
water.
“POTW” (Publicly Owned Treatment Works). The complete sewage disposal, transportation
and treatment system of the City as defined by the Act and this Chapter, including the KWRP, and
any devices, processes and systems used in the storage, treatment, recycling or reclamation of
wastewater, sewage or sludge, as well as all sewers, pipes and other conveyances used to collect
or convey wastewater or sewage to the KWRP (including temporary connections, if any, approved
by the Director), as now or hereafter added to, extended or improved. The term “POTW” shall also
include any wastewater collection facilities or sewers outside the City that convey wastewaters to
the POTW from persons who are, by contract or agreement with the City, users of the POTW.
References in this Chapter to approvals, determinations, reviews, etc., “by the POTW” shall mean
by the Director, or the Director’s authorized representatives. The term “POTW” may also be used
to refer to the City as the municipality that has jurisdiction over the discharges to, and discharges
from, the treatment works, or to the KWRP, and its designated representatives, as appropriate to
the context in which the term is used.
“Premises” means a lot, tract, parcel or plot of land, or a building or structure, or any part thereof,
having any connection, directly or indirectly, to the POTW, or from which there is a discharge to
the POTW.
“Pretreatment” means the reduction of the amount of pollutants, the elimination or removal of
pollutants, or the alteration of the nature of pollutant properties in wastewater before or instead of
discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration
may be obtained by physical, chemical, or biological processes; process changes; or other means,
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except for the use of dilution (unless expressly authorized by any applicable pretreatment standard
or requirement and the Director) and except for the use other means prohibited by applicable local,
state, or federal laws or regulations. Appropriate pretreatment technology includes control
equipment, such as equalization tanks or facilities, for protection against surges or slug loadings
or discharges that might otherwise interfere with or be incompatible with the POTW, subject to
applicable requirements of local, state and federal laws and regulations.
“Pretreatment Requirement” means any substantive or procedural requirement imposed on a

user related to pretreatment, other than a national pretreatment standard.
“Pretreatment Standard” means any regulation containing pollutant discharge limits

promulgated in accordance with Section 307(b) and (c) of the Act or Part 31 of Act 451 of the
Public Acts of Michigan of 1994, MCL §§ 324.3101 et seq., including general and specific
prohibitive discharge limits and local limits established in this Chapter pursuant to MAC R
323.2303, and categorical standards, as amended from time to time.
“Private Sewer.” See definition of “Sewer.”
“Private Wastewater Disposal System” means a septic tank, cesspool or similar device, or part
thereof, not connected to a public sewer.
“Process Wastewater” means any water that, during manufacturing or processing, comes into
direct contact with or results from the production or use of any raw material, intermediate product,
finished product, by-product, or waste product.
“Public Sewer.” See definition of “Sewer.”
“Reasonable Potential.” As used in this Chapter, a determination of “reasonable potential” by

the Director means a determination made by the Director that a certain condition, state, result or
circumstance exists, or is likely to exist, based upon the quantitative or qualitative factors or
information deemed by the Director to be relevant and appropriate to the determination, consistent
with the purposes and objectives of this Chapter.
“Release” means to spill, leak, dump, pump, dispose, deposit, inject, place or abandon.
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“Replacement” means expenditures for obtaining and installing equipment, accessories, or

appurtenances that are necessary to maintain the capacity or performance during the service life of
the system for which the system was designed or constructed.
“Residential Dwelling” means any structure designed for habitation, including but not limited to
houses, mobile homes, apartment buildings, condominiums, and townhouses where each dwelling
unit contains, at a minimum, sleeping facilities, a toilet, a bath or shower, and a kitchen.
“Sanitary Sewage.” See “domestic waste.”
“Sanitary Sewer.” See definition of “Sewer.
“Sanitary Sewer Cleanout Septage” means sanitary sewage or cleanout residue removed from a
separate sanitary sewer collection system that is not land applied and that is transported by a
vehicle licensed under Part 117 of Act 451 of the Public Acts of Michigan of 1994 (MCL §§
324.11701 et seq., as amended; “Septage Waste Servicers”) elsewhere within the same system or
to a receiving facility that is approved by EGLE.
“Septage Waste” means the fluid mixture of untreated and partially treated sewage solids, liquids,
and sludge of human or domestic origin which is removed from a wastewater system. Septage
waste consists only of food establishment septage, domestic septage, domestic treatment plant
septage, or sanitary sewer cleanout septage, or any combination of these.
“Septic Tank” means a watertight receptacle receiving sewage and having an inlet and outlet
designed to permit the separation of suspended solids from sewage and to permit such retained
solids to undergo decomposition therein.
“Severe Property Damage” means substantial physical damage to property, or damage to

treatment facilities that causes them to become inoperable, or substantial and permanent loss of
natural resources that can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean an economic loss caused by delays in production.
“Sewage.” See “wastewater.”
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“Sewer” means any pipe, tile, tube, drain, conduit, or conveyance that carries, transports, or
conveys wastewater or drainage water. Other terms used in this Chapter related to sewers are
defined as follows:
“Building Drain” means that part of the lowest horizontal piping of a drainage system that
receives the discharge from soil, waste, and other drainage pipes inside the walls of a
building and conveys the discharge to a building sewer. The building drain shall be deemed
to extend from within the walls of a building to a point 5 feet outside the outer face of the
exterior building wall. (See diagram of a typical sewer service connection in Section
28.04.01(G).)
“Collector Sewer” (sometimes also referred to as a “Trunk Sewer”) means a public sewer
that commonly connects the Sewer Main to an Interceptor Sewer.
“Common Sewer” means a sewer in which all owners of abutting properties have equal
rights.
“Footing drain” means a private pipe or conduit which is placed around the perimeter of
a building foundation and which intentionally admits ground water.
“Interceptor Sewer” means a public sewer that receives flow from a Collector Sewer,
Sewer Main, and/or a Sewer Service Lateral and such flow to a point for treatment or
disposal.
“Private Sewer” means any sewer service line, equipment, or facilities for the disposal of
wastewater installed or located on any premises that transport wastewater from the
premises to the public sewer, such as a building drain and Private Sewer Service Lateral.
(See diagram of a typical sewer service connection in Section 28.04.01(G).)
“Public Sewer” means a common sewer that is controlled by a governmental agency,

public utility, or other public entity, such as a Sewer Main or Collector Sewer.
“Sanitary Sewer” means a sewer intended to carry liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions, and to which storm,
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surface and ground waters are not intentionally admitted, and which may include pumping
stations, metering stations, and other appurtenances.
“Sewer Main” means a public sewer which is designed to receive a Sewer Service Lateral
and is that portion of the common public sewer system located under the street or within
the public right-of-way or public easement and that collects sewage from a particular
property for transfer to a Collector Sewer, an Interceptor Sewer or to the KWRP.
“Sewer Service Lateral” (sometimes also referred to as a “building sewer”) means the
portion of the drainage system that extends from the end of the Building Drain (at a point
5 feet outside the outer face of the exterior building wall) and conveys the discharge to a
public Sewer Main or other point of disposal. The portion of a Sewer Service Lateral that
extends from the Building Drain to the property line or public right-of-way easement is
referred to as the “Private Sewer Service Lateral.” The portion of a Sewer Service Lateral
from the property line or public right-of-way easement to the public sewer main is referred
to as the “Public Sewer Service Lateral.” (See diagram of a sewer service connection in
Section 28.04.01(G).)
“Sewer System” means a group of interacting sewers functioning as a whole that carries
wastewater or drainage water.
“Storm Sewer” or “Storm Drain” means a sewer or drain, either natural or artificial,
intended to carry storm water, snowmelt, and surface runoff and drainage, but not
wastewater.
“Wye Branch” means a connection to the sewer that is made at an angle similar to a “Wye”
so that a sewer cleaning rod will not come into the sewer at a right angle and penetrate the
far side, but will travel down the course of the sewer.
“Sewer rates, fees and charges” means the rates, fees and charges for use of the POTW as
established from time to time by resolution of the City Commission. Such rates, fees and charges
include debt service charges required to retire debts resulting from capital or other costs incurred
to contract, improve, expand, repair, maintain or replace a part of the POTW and sufficient and
proportionate use charges required of all users for the cost of POTW operation, maintenance,
repair, replacement, and improvement. Surcharges and other rates and fees may also be charged
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for wastes in amounts or concentrations regarding extra treatment services or costs or as required
for exceeding established limits.
“Sewer Service Lateral.” See definition of “Sewer” for definitions of private and public sewer
services laterals.
“Shall” is mandatory.
“SIC” or “Standard Industrial Classification Code” means a classification pursuant to the

Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
“Significant Industrial User” or “SIU” means any user:
A. Subject to categorical pretreatment standards; or
B. Any other user that:
(1) discharges to the POTW an average of 25,000 gallons per day or more of process
wastewater (excluding sanitary, non-contact cooling and boiler blow-down
wastewater); or
(2) contributes a process waste stream that makes up 5% or more of the average dry
weather hydraulic or organic capacity of the KWRP; or
(3) is otherwise designated by the Director as a Significant Industrial User on the basis
that the user has a reasonable potential to adversely affect the operation of the
POTW, to violate any pretreatment standard or requirement, or because the Director
determines that a Nondomestic User Permit for the user’s discharge is required to
meet the purposes and objectives of this Chapter.
The Director may determine that a user that meets the criteria of Subsections (B)(1) or (B)(2) of
this definition above is not currently an SIU, if the Director finds that the user has no reasonable
potential to adversely affect the operation of the POTW, to violate any pretreatment standard or
requirement, or that a Nondomestic User Permit is not required to meet the purposes and objectives
of this Chapter. A determination that a user is not an SIU (or that a permit is therefore not required)
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shall not be binding and may be reversed by the Director at any time based on changed
circumstances, new information, or as otherwise determined necessary by the Director to meet the
purposes and objectives of this Chapter.
“Sludge” means accumulated solid material separated from liquid waste as a result of the
wastewater treatment process.
“Slug Discharge” means any discharge of a non-routine, episodic nature, including, but not
limited to, an accidental spill or a non-customary batch discharge.
“Slug Loading” means any slug discharge that has a reasonable potential to cause damage to the
POTW; be harmful to the wastewater treatment processes; adversely affect the management or
operation of the POTW or POTW sludge management or disposal; cause pass through or
interference or otherwise cause the POTW to violate its NPDES permit; violate any pretreatment
standard or requirement as provided by this Chapter or by any permit or order issued under this
Chapter; adversely affect the quality of the receiving waters or the ambient air quality; endanger
worker health and safety; constitute a public nuisance; or otherwise adversely impact the public
health, safety or welfare or the environment.
“State” means the State of Michigan. The term shall include, where applicable, any administrative
agency of the State having jurisdiction in the subject matter of this Chapter, including (but not
limited to) the EGLE.
“Storm Water” means any flow (such as storm water runoff, snow melt runoff, and surface runoff
and drainage, but excluding wastewater) occurring during or following, and resulting from, any
form of natural precipitation, and is that portion of flow in excess of that which infiltrates into the
soil of the drainage area.
“Surcharge” means the additional charges made by the Director for the treatment of wastewater
containing pollutants in excess of specified concentrations, loadings, or other applicable limits, or
for other purposes specified by this Chapter.
“Suspended Solids” (SS) or “Total Suspended Solids” (TSS) means solids that float on the
surface of, or are suspended in, water, wastewater, or other liquids and which can be removed by
laboratory filtering or other standard methods.
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“Time-proportional Composite Sample” means a combination of individual samples of equal

volume taken at equal intervals of time, without consideration of the volume or rate of flow, as
required and determined appropriate by the Director.
“TKN” means the total Kjeldahl nitrogen content of a sample, including all of the ammonia and
organic nitrogen compounds which are converted to ammonium sulfate under the conditions of
digestion described in Standard Methods.
“Toxic Pollutant” means any pollutant or combination of pollutants that is or can potentially be
harmful to the public health, the POTW, or the environment, including, without limitation, those
listed in 40 CFR 401.15 as toxic under the provisions of the Clean Water Act, or listed in the
Critical Materials Register promulgated by the EGLE, or as provided by local, state or federal
laws, rules or regulations.
“Trash” means any solid waste, refuse, rubbish, or junk (other than garbage), including, but not
limited to, the following:
Animal entrails or tissues, bones, hair, hides or fleshings, whole blood, feathers;
Ashes, cinders, sand, cement, spent lime, stone or marble dust, wood, metal, plastic, glass,
cloth, rubber, leather, wire, rope, string, fibers, straw, shavings, sweepings, spent grains,
spent hops, tar, asphalt residues, residues from refining or processing of fuel or lubricating
oil, mud or glass grinding or polishing wastes or tumbling and deburring stones;
Newspapers, magazines, books, catalogs, or wastepaper;
Rags, clothing, disposable diapers, disposable wipes (including, but not limited to, baby
wipes, personal hygiene wipes, and disinfecting wipes), and bedding,
Containers, wrappings, cans, bottles, jars, glass crockery, bags, and sacks; or paper, plastic,
wood, or metal cartons, crates, boxes, or barrels;
Building construction and/or demolition debris (or parts or pieces thereof) such as waste
materials from interior and exterior building construction, remodeling, and repair,
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including, but not limited to, drywall, plywood, sheetrock, and paneling, brick, shingles,
concrete, lumber and other building materials; floor coverings; carpeting; wallpaper;
windows or window coverings; doors; cabinets; bathroom and kitchen fixtures; and
asbestos;
Machinery, equipment, vehicles, tires, appliances, plumbing fixtures, furniture, batteries,

or pieces or parts thereof;
Lawn cuttings, grass clippings, tree trimmings, branches, sticks, leaves, clipping from
shrubs, bushes, or hedges, roots, stumps, plants, weeds and similar lawn, garden, or
landscaping wastes or materials; and
Any other article, material, substance or pieces or parts thereof customarily considered (or
typically disposed of as) refuse, rubbish, or junk, as determined by the Director.
“Trucked or Hauled Waste or Pollutants.” Any waste or wastewater proposed to be discharged

to the POTW from a mobile source, including, without limitation, holding tank waste and septage
waste.
“ug/l” means micrograms per liter.
“Unpolluted Water” means water in its natural state, or water which, after use for any purpose,
is not substantially changed as to chemical or biochemical qualities or water that would otherwise
not be benefitted by discharge to the POTW. The Director shall determine whether water is
unpolluted water.
“Upset” means an exceptional incident in which there is unintentional and temporary

noncompliance with categorical pretreatment standards because of factors beyond the reasonable
control of the user. An upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
“User” means any person who contributes, causes or permits the contribution, introduction or
discharge of wastewater into the POTW, whether intentional or unintentional, and whether directly
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or indirectly. User includes any local unit of government other than the City that discharges to the
POTW, as well as the individual users located within such other local unit of government.
“User Permit” means a Nondomestic User Permit or a General User Permit.
“Wastewater” means the liquid and water-carried industrial or domestic waste from residential
dwellings, commercial buildings, industrial facilities, and institutions (including, without
limitation, contaminated groundwater, landfill leachate, and liquid industrial byproducts), whether
treated or untreated, that is contributed, introduced or discharged into the POTW. The term
includes any water that has in any way been used and degraded or physically or chemically altered.
“Watercourse” means a channel in which a flow of water occurs, either continuously or

intermittently.
“Waters of the State” means all rivers, streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or
accumulations of water, surface, or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the State of Michigan or any portion thereof, and
as otherwise specified by applicable laws and regulations.
“Waters of the United States” means all waters as defined by 40 CFR 122.2 and as otherwise
specified by applicable laws and regulations.
ARTICLE 2. USE OF PUBLIC SEWERS REQUIRED
28.02.01. Public Sanitary Sewer System; Declaration of Necessity
A public sanitary sewer system is essential to the health, safety, and welfare of the people of the
City. Privies, privy vaults, septic tanks, cesspools or other similar private sewage disposal systems
are subject to failure due to soil conditions or other reasons. Failure or potential failure of private
sewage disposal systems poses a threat to the public health, safety, and welfare; presents a potential
for ill health, transmission of disease, mortality, and economic blight; and constitutes a threat to
the quality of surface and subsurface waters of the state. The connection to available public sanitary
sewer systems at the earliest, reasonable date is a matter for the protection of the public health,
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safety, and welfare and necessary in the public interest which is declared as a matter of legislative
determination.
28.02.02. Unlawful Deposition
It shall be unlawful for any person to place, deposit or permit to be deposited, any human or animal
excrement, garbage, trash, pollutants, or other objectionable waste, upon or below, the surface of
public or private property within the jurisdiction of the City, except by disposing of such waste in
accordance with applicable local, state, and federal laws and regulations. This paragraph shall not
apply to the making or use of compost or fertilizer by a person on the person’s property if done
in compliance with all laws, ordinances, and regulations as part of a lawful business or domestic
agricultural activity which poses no substantial threat to public health, safety, or welfare and is not
a common-law nuisance.
28.02.03. Unlawful Construction
Except as hereinafter provided, and unless specifically approved by the County Health
Department, it shall be unlawful to construct or maintain any privy, privy vault, septic tank,
cesspool, or other private facility intended or used for disposal of wastewater within the City.
28.02.04. Required Connection To Available Sanitary Sewer
The owner of any house, building, structure, property, or premises located within the City used for
human occupancy, employment, recreation or other purposes, or from which there is a discharge
of wastewater, and abutting, adjoining, or fronting on any street, alley, easement, or right-of-way,
in which there is located (or in which there is hereafter located) a public sewer, is hereby required,
at the owner’s expense, to install suitable toilet and plumbing facilities therein, and to connect such
facilities directly with the proper public sewer, in accordance with the provisions of this Chapter.
Compliance with this subsection shall be within 30 days after the date of written notice by the City
to do so.
This subsection shall not apply to any structure, property, or premises served by a privately
constructed, owned, operated, and continuously and properly maintained wastewater sewer and
wastewater treatment facility which discharges directly to a natural outlet in accordance with the
provisions of this Chapter and all other applicable state and federal laws.
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28.02.05. Public Sewer Becomes Available
At such time as a public sewer becomes available to a property served by a private sewage disposal
system, as provided in Section 28.02.04, a direct connection shall be made to the public sewer in
compliance with this Chapter at the owner’s sole expense. It shall be the owner’s responsibility to
contact the County Health Department for the proper regulations and procedures to clean out,
abandon, and fill the private system, and the owner shall thereupon follow such regulations and
procedures at the owner’s sole expense. Once a premises that was previously served by a private
sewage disposal system has been connected to the POTW, disconnection thereafter from the
POTW is prohibited.
28.02.06. Private Treatment and Disposal Requirements
If a public sanitary sewer is not available under the provisions of 28.02.03, the building sewer shall
be connected to a private sewage disposal system complying with all requirements of this Section,
the County Health Department regulations, and any other applicable laws and regulations of the
City or the State.
A. Before commencement of a private sewage disposal system, the property owner shall first
apply to the County Health Department for a soil evaluation test. If the soil evaluation test
shows positive results, the property owner shall then apply to the County Health
Department for a permit for installation for the proposed sewage system. The application
shall include plans, specifications and other information as deemed necessary by the
County Health Department. All fees for the soil evaluation test and the permit for
installation shall be fully paid by the property owner to the County Health Department
when and in the amounts specified by the County Health Department.
B. A permit shall not be issued for any private wastewater disposal system employing
subsurface soil absorption facilities if the area of the lot is less than determined necessary
by the City, the County Health Department, or the State, as applicable.
C. A permit for a private sewage disposal system shall not become final and effective until
the installation is completed to the satisfaction of the County Health Department. The
County Health Department shall be allowed to inspect the work at any stage of construction
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and, in any event, the applicant for the permit shall notify the County Health Department
when the work is ready for final inspection, and before covering any underground portions.
Any person receiving a permit for a private sewage disposal system from the County Health
Department shall provide the City with copies of the final approved inspection report issued
by the County Health Department.
D. The type, capacities, location and layout of a private wastewater disposal system shall
comply with all recommendations and requirements of the City, the County Health
Department, and the State, as applicable.
E. No septic tank, cesspool, subsurface disposal facility, or other private sanitary sewer
system shall be permitted to discharge to any public sewer or natural outlet.
F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary
manner at all times, at no expense to the City. The facilities shall be subject to inspection
by the City, the County Health Department, and other applicable governmental agencies.
28.02.07. Additional Public Health Requirements
Nothing in this Article shall be construed to interfere with any additional requirements that may
be imposed by the City, the County Health Department, the Michigan Department of Public
Health, or any other governmental agency.
ARTICLE 3. SEWER SERVICE LATERALS AND CONNECTIONS
28.03.01. Waste Discharge Prohibited Except Through Approved Sewer Connection
All discharges to a sewer shall be through an approved sewer connection or at another discharge
point expressly approved by the Director in accordance with this Chapter and with any rules,
regulations, or procedures established by the City as determined necessary by the City to
administer and implement this Chapter. No person shall discharge any waste or other substances
into a manhole, catch basin or inlet.
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28.03.02. Connection Permit Required
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or
disturb any part or appurtenance of the POTW, nor discharge into the POTW, without first
obtaining a written Sewer Service Lateral connection permit from the City.
28.03.03. Sewer Connection Permits; Connection Costs; Performance Bonds and

Insurance
A. The owner of any premises proposing to connect to the POTW shall make application on
a form furnished by the City for a permit to connect to the POTW. The application shall
include plans and specifications for all plumbing construction within the building or
premises. The plans and specifications shall meet the requirements of this Chapter, the
State Plumbing Code, and all other applicable state rules and regulations (provided that if
the requirements of this Chapter are more restrictive, the requirements of this Chapter shall
control). The application shall be supplemented by such information as required by the
City to administer this Chapter. A permit and inspection fee in an amount determined from
time-to-time by resolution of the City Commission shall be paid to the City at the time an
application is filed.
B. If the application to connect is approved by the City, a temporary connection permit shall
be issued, subject to a final inspection and approval when construction is completed and
ready for connection with the City sewer system.
C. The applicant for the Sewer Service Lateral connection permit shall notify the City when
the Sewer Service Lateral is ready for inspection and connection to the public sewer. The
City shall inspect the building and plumbing construction. If the building and plumbing
construction is consistent with the temporary permit and meets other applicable rules and
regulations, the City shall issue a final connection permit, provided that all applicable fees
have been paid to the City.
D. The City may deny a connection permit if the City determines that application for the
permit shows that there is a reasonable potential that the anticipated discharges may
interfere with the POTW; be inconsistent with the provisions of this Chapter, the City’s
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NPDES permit, any other local, state, or federal law or regulation; or in any other way
hamper the operations of the POTW.
E. Connection to a public sewer will not be allowed (and the City shall not issue a connection
permit) until all assessments due and all advance deposits established have been paid
and unless there is capacity available (in both wastewater volume and strength) at the
KWRP and in all downstream sewers, pump stations, interceptors, and force mains,
including, but not limited to, adequate capacity to accept, treat and dispose of BOD, TSS,
or similar materials as required by applicable local, state or federal laws, rules or
regulations, as determined by the Director.
F. If the Director determines that it is necessary to evaluate the ability or capacity of the
POTW to accept any current or proposed discharge, the Director may require any existing
or proposed user to demonstrate to the Director’s satisfaction that the discharge will be
compatible with the POTW, will not affect any requirements imposed upon the City on
the discharge, will not adversely affect the POTW, and is consistent with the requirements
of an applicable User Permit. Such demonstration shall be made by any means determined
necessary and appropriate by the Director, including, but not limited to, a headworks
analysis or treatability study to be conducted at the user’s sole expense.
G. Before any permit or approval is issued by the City for excavating for plumbing or drain
laying in any public street, way, or alley, the person applying for the permit or approval
may be required to execute and deposit with the City a performance bond with corporate
security in the amount of the contracted or estimated work, conditioned upon faithful
performance of all work with due care and skill, and in accordance with the laws, rules,
and regulations established by the City pertaining to sewers and plumbing. This bond shall
state that the person will indemnify and save harmless the City and the owner of the
premises against all damages, costs, expenses, outlays, and claims of every nature and kind
arising out of mistake or negligence on the person’s part in connection with plumbing,
sewer line connection, or excavating for plumbing or sewer connection as prescribed in
this Section. The bond shall remain in force and must be executed for a period of one (1)
year, except that, upon expiration, it shall remain in force as to all penalties, claims, or
damages that may have accrued thereunder prior to the expiration. The person applying for
the permit or approval may also be required to provide public liability insurance for the
protection of the City, the property owner, and all persons, to indemnify them for all
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damages caused by accidents attributable to the work, with minimum limits of

$1,000,000.00 for one person, $500,000.00 for bodily injuries per accident, and
$250,000.00 for property damages.
H. It is unlawful to connect to the POTW without obtaining a connection permit and except
in full compliance with the requirements of this Chapter. A violation of a connection permit
is a violation of this Chapter.
28.03.04. Multiple Buildings; Separate Uses within Buildings
A separate and independent Sewer Service Lateral shall be provided for each building. However,
if any existing building is located on an interior lot so that a separate, independent Sewer Service
Lateral is not available for the building, and one cannot be constructed to the building through an
adjoining alley, courtyard or driveway, more than one building may be served with the same Sewer
Service Lateral, subject to approval by the Director. In areas where laterals have not been made,
or where unusual lot splits have occurred, leaving only one lateral for two properties, joint use of
this lateral may be approved by the Director with the connection to the City sewer being allowed
if determined consistent with the purposes and objectives of this Chapter by the Director.
Independent Sewer Service Laterals and/or control manholes may also be required for separate uses
within a building, as determined necessary by the Director.
All discharge limits contained in this Chapter shall apply to that portion of the lateral emanating
from a single building or from each separate use within a building, as applicable. Compliance with
pretreatment standards or local discharge limits prescribed by this Chapter shall be determined
based on each separate discharge to the common lateral prior to commingling with discharges from
other sources.
The City assumes no responsibility for damage caused by or resulting from any single Sewer
Service Lateral which serves more than one building.
28.03.05. Existing Sewer Service Laterals
Existing Sewer Service Laterals may be used in connection with new buildings only if they are
found, on examination and test by the Director to meet all requirements of this Chapter and other
applicable laws and regulations. If an inspection by the City reveals that a connection may create
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a health or environmental hazard, nuisance, or is otherwise inconsistent with the purposes and
requirements of this Chapter, the Sewer Service Lateral shall be reconstructed or repaired at the
owner’s expense.
28.03.06. Construction Specifications
The pipe size, slope, alignment, materials or construction of a Sewer Service Lateral and the
methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench
shall all conform to the requirements of the building and plumbing codes, or other applicable rules
and regulations as specified and determined by the City. In the absence of code provisions or in
amplification thereof, the materials and procedures set forth in appropriate specifications of the
American Society for Testing Materials (ASTM) and the Water Pollution Control Federation
(WPCF) Manual of Practice No. 9 shall apply.
All newly constructed Sewer Service Laterals shall have a properly sized cleanout at the head of
said sewer that is accessible at all times. This cleanout shall allow access of sewer cleaning
equipment of a size equivalent to the size of the Sewer Service Lateral.
28.03.07. Sewer Service Lateral Elevation and Location
Whenever possible, the Sewer Service Lateral shall be brought to the buildings at an elevation
below the basement floor. No Sewer Service Lateral shall be laid parallel to, or within three feet
of, any bearing wall that might thereby be weakened. The depth shall be sufficient to afford
protection from frost. The Sewer Service Lateral shall be laid at uniform grade. The line shall be
straight or laid with properly curved pipe and fittings. Changes in direction shall be made with no
less than a forty-five degree bend. Each bend of forty-five degrees or more shall have an accessible
cleanout. All excavations required for the installation of a Sewer Service Lateral shall be open
trench work unless otherwise approved by the City. Pipe laying and backfill shall be performed in
accordance with current ASTM specifications, except that no backfill shall be placed until the City
has inspected the work.
28.03.08. Floor Drains; Backwater Valve Devices
Floor drains connected to the Sewer Service Lateral shall be required for all basements or cellars
if the elevation of the public sanitary sewer will service the building. All required floor drains shall
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have check valves or backflow preventers that meet current laws and regulations as determined by
the City.
28.03.09. Low Sewer Service Laterals
In all buildings in which any Sewer Service Lateral is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such drains shall be lifted by artificial means and discharged to
the Sewer Service Lateral, at the owner’s expense, and subject to approval by the City.
28.03.10. Connection Specifications
The connection of the Sewer Service Lateral into the sanitary sewer system shall conform to the
requirements of the building and plumbing codes or other applicable rules and regulations of the
City, or the procedures set forth in appropriate specifications. The connections shall be made gas-
tight and water-tight and verified by proper testing. All connections and joints, and any deviation
from the prescribed procedures and materials, must be approved by the City before installation.
The connection of the Sewer Service Lateral into the public sewer shall be made at the wye branch
designated for the property if such branch is available at a suitable location. Any connection not
made at the designated wye branch in the main sewer shall be made only as directed by the City.
The connection of a surface runoff or ground water drain to a storm sewer or natural outlet
designed to transport surface runoff or ground water drainage shall conform to the requirements
of the applicable building code or other applicable requirements of the City.
28.03.11. Protection and Restoration
All excavations for Sewer Service Lateral installation shall be adequately guarded with barricades
and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in a manner satisfactory to the City
at the expense of the owner.
28.03.12. Connection to Sources of Runoff Prohibited
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No person shall connect (or allow to remain connected) roof downspouts, exterior foundation
drains, areaway drains, or other sources of surface runoff or ground water to a Sewer Service
Lateral or building drain that in turn is connected directly or indirectly to a public sanitary sewer.
Any such connection shall be permanently disconnected at the sole expense of the owner of the
premises.
28.03.13. Pretreatment Of Any Discharge May Be Required
Pretreatment of any discharge to the public sewer, including, but not limited to, grease, oil, and
sand interceptors, shall be provided when, in the opinion of the Director, they are necessary.
ARTICLE 4. CONDITIONS OF SERVICE
28.04.01. Responsibilities and Liabilities For Sewer Service Laterals
A. All costs and expenses incidental to the installation, connection, maintenance, and repair
of a Private Sewer Service Lateral (the portion of a Sewer Service Lateral from the building
drain to the property line), and any other private sewer lines shall be borne solely by the
property owner. Further, the property owner shall indemnify the City from any loss or
damage that may directly or indirectly be occasioned by the installation of any Private
Sewer Service Lateral, private sewer line, or storm drain connection.
B. The City or a contractor hired or approved by the City shall construct any needed Public
Sewer Service Lateral from the property line or public right-of-way easement to the public
Sewer Main. The City shall pay all costs of construction of the Public Sewer Service
Lateral, including costs to construct any portion of the lateral within the public right-of-
way.
C. The property owner shall maintain, clean and repair any Private Sewer Service Lateral or
other private sewer lines on the property at the property owner’s expense as necessary to
keep the private lines free and clear of obstructions and in good working order, and shall
maintain and keep clear of obstructions the Private Sewer Service laterals servicing the
property.
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D. The City shall maintain, clean, and repair as necessary and at the City’s expense the Public
Sewer Service Laterals and public Sewer Mains, but shall not be responsible for cleaning,
maintenance, repair of, or liability for, Private Sewer Service Laterals or private sewer
lines, including, but not limited to, the Building Drain.
E. If there is a dispute as to whether needed maintenance, cleaning, or repair of a portion of

sewer line is the responsibility of the property owner or the City under the provisions of
this Chapter, it shall be the duty of the property owner to establish that the obstruction,
disrepair, or defect has occurred in that portion of the public sewer for which the City is
responsible. If the property owner fails to establish the City’s responsibility, it shall be the
property owner’s responsibility to perform the necessary cleaning, maintenance, and repair
as provided in this Chapter. If the City’s responsibility is established, the City shall perform
the necessary cleaning, maintenance, or repair and shall reimburse the property owner for
reasonable expenses incurred in locating the defect in the line or in otherwise establishing
the City’s responsibility.
F. Any property owner who violates the provisions of this Chapter shall be liable to the City
for all costs, expenses, and damages incurred by the City in correcting the problem. Further,
if any property owner fails to maintain a Private Sewer Service Lateral or other private
sewer line as required by this Chapter, in addition to the other penalties prescribed, the
private sewer may be declared a public nuisance by the County Health Department and the
problem may be corrected by the City. Any costs so incurred by the City shall be assessed
against the property and become a lien on the property if not timely paid.
G. The following diagram of a typical sewer service connection (“Typical Sewer Service
Connection (New Construction)”) shows the basic components of the private and public
sewer lines as provided in this Section 28.04.01. The diagram is provided solely for
purposes of illustration of a typical connection and the provisions of this Section 28.04.01
and other applicable provisions of this Chapter shall govern in any particular situation.
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28.04.02. Water Meters
All users shall have meters on all water sources that ultimately discharge into the POTW or shall
meter the liquid wastes at the point of discharge into the POTW, as determined necessary and
appropriate by the Director. All meters shall be approved by the City.
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28.04.03. Disruption of Service
The City shall not be held responsible for claims made against it by reason of the breaking of any
sewer or service laterals, or by reason of any other interruption of the service caused by the
breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to
damages nor have any portion of a payment refunded for any interruption.
28.04.04. Service Inspections
All premises receiving sanitary sewer service shall at all times be subject to inspection by duly
authorized personnel of the City.
ARTICLE 5. DISCHARGE PROHIBITED WITHOUT

REQUIRED APPROVALS, PERMITS, AND TREATMENT
28.05.01. Discharge Prohibited Without Required Approvals, Permits, and Treatment
Except as otherwise expressly permitted by local, state and federal laws and regulations, and
subject to obtaining all required permits and approvals from governmental agencies (including,
without limitation, the City, EGLE, and the U.S. EPA) and providing any required treatment, it
shall be unlawful to discharge, or permit or cause to be discharged, either directly or indirectly:
A. Polluted water, sewage, or wastewater to any natural outlet within the City, to any waters
of the State (or waters of the United States), or to any public sewer; or
B. Unpolluted water of any kind, including, without limitation, storm water, surface water,
groundwater, roof runoff, artesian well water, drainage water (surface or subsurface),
industrial non-contact cooling water, air-conditioning water, swimming pool water, or
unpolluted industrial process waters to any sanitary sewer. Unpolluted water may be
discharged only to a sewer that is specifically designated as a storm sewer or to a natural
outlet, and only if all applicable permits and approvals have first been obtained from the
City and other governmental bodies or agencies, and only if not prohibited by applicable
local, state or federal laws or regulations.
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C. If any person drains or discharges any unpolluted water by means of conductors, eaves
troughs, roof downspouts, footing drains, or otherwise, directly or indirectly, into a storm
sewer, or natural outlet in violation of applicable laws or regulations, or into a sanitary
sewer, the City shall order its disconnection at the property owner’s expense, and if the
property owner refuses to obey the City’s order, then the City shall disconnect the
connection and the costs shall be charged to the property owner.
ARTICLE 6. REGULATION OF DISCHARGES TO THE POTW
28.06.01. Discharge Prohibitions
No person shall discharge to the POTW except in compliance with this Chapter.
The general discharge prohibitions under Section 28.06.01(A) and the specific discharge
prohibitions under Section 28.06.01(B) apply to every person whether or not the person is subject
to any other national, state or local pretreatment standards or requirements, and whether or not the
discharge is made pursuant to a User Permit issued pursuant to this Chapter.
A. General Prohibitions. No person shall contribute or cause to be contributed, directly or

indirectly to the POTW, any pollutant or wastewater that will pass through or interfere with
the operation or performance of the POTW.
B. Specific Prohibitions. No person shall discharge or contribute to the POTW, directly or

indirectly, any of the pollutants, substances, or wastewater as provided by this Subsection
28.06.01(B). This Subsection 28.06.01(B) sets forth the minimum requirements for a user’s
discharges to the POTW. Additional or more restrictive requirements may be required of
particular users by a User Permit, or as otherwise authorized or required by this Chapter or
other applicable laws and regulations.
(1) Standard Concentration Limits. Unless a SAL for a pollutant parameter has been
developed and approved for a user as provided by Section 28.06.01(C) (“Special
Alternative Limits”), no person shall discharge or contribute to the POTW, directly
or indirectly, pollutants in concentrations that exceed the maximum concentrations
(“Standard Concentration Limits”) listed below in this Subsection 28.06.01(B)(1):
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Toxic Pollutants (Standard Concentration Limits)
Instantaneous Maximum Daily Maximum

Parameter
ug/l1 Sample Type2 ug/l1 Sample Type2
INORGANICS:
Arsenic --- --- 270 Composite
Cadmium --- --- 75 Composite
Chromium --- --- 4,900 Composite
Copper --- --- 1,900 Composite
Cyanide (Available) 100 Grab 100 Grab
Lead --- --- 360 Composite
Lithium --- --- 2,400 Composite
Mercury NQ3 --- NQ3 Grab
Molybdenum --- --- 650 Composite
Nickel --- --- 920 Composite
Selenium --- --- 56 Composite
Silver --- --- 25 Composite
Zinc --- --- 7,200 Composite
ORGANICS:
Acetone 1,900,000 Grab 1,900,000 Grab
Benzene 1,800 Grab 1,800 Grab
Ethylbenzene 280 Grab 280 Grab
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Methanol 2,200,000 Grab 2,200,000 Grab
Methylene Chloride 16,000 Grab 16,000 Grab
PCBs ND4 Grab ND4 Grab
Toluene 3,500 Grab 3,500 Grab
Xylene 510 Grab 510 Grab
Compatible Pollutants (Standard Concentration Limits)
Instantaneous Maximum Daily Maximum

Parameter
mg/l1 Sample Type2 mg/l1 Sample Type2
BOD5
(or CBOD5) --- --- 239 Composite
Total Suspended Solids --- --- 2595 Composite

--- ---
Phosphorus (Total) 8.136 Composite
Ammonia Nitrogen (NH3)
(or TKN7) --- --- 208 Composite
FOG (Total) --- --- 220 Grab
FOG (Nonpolar) --- --- 100 Grab
Notes:
1. Ug/l for toxics; mg/l for compatibles.
Discharges that contain more than one pollutant that may contribute to fume toxicity shall
be subject to more restrictive limitations, as determined necessary by the Director. The
more restrictive discharge limits will be calculated based on the additive fume toxicity of
all compounds identified or reasonably expected to be present in the discharge, including,
without limitation, the specific compounds, if any, listed in Section 28.06.01(B) of this
Chapter.
Also, see Section 28.06.05, regarding application of most restrictive or additional
standards or requirements under local, state, and federal laws and regulations.
The Director may develop alternative limits to the Standard Local Limits for specific
pollutants (“Special Alternative Limits” or “SALs”) as provided by Section 28.06.01(C).
2. See Section 28.09.03 of this Chapter for sample type requirements.
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3. NQ = Non-quantifiable concentration, defined as at or below the quantification level of

0.2 ug/l using U.S. EPA Method 245.1 (or at or below other quantification levels applicable
under alternative test methods required by the Director or by other applicable laws or
regulations). Mercury sampling procedures, preservation and handling, and analytical
protocol for compliance monitoring of a user’s discharge shall be in accordance with U.S.
EPA method 245.1, unless the Director requires U.S. EPA Method 1631 (or other
appropriate method). The quantification level shall be 0.2 ug/l for Method 245.1 or 0.5
ng/l for Method 1631, unless higher levels are approved by the Director because of sample
matrix interference. Any discharge of mercury at or above the level of quantification is a
specific violation of this Chapter. Any detections above the quantification level may require
the user to implement a pollutant reduction plan as determined necessary and appropriate
by the Director.
4. The instantaneous maximum and daily maximum discharge limit for PCBs is non-detect.
Except as otherwise required by the Director, compliance with this limit shall be
determined as follows: A compliance limit of “non-detect” shall be used for instantaneous
maximum and daily maximum discharge limit. Any discharge of PCBs at or above the
quantification level is a specific violation of this Chapter. PCB sampling procedures,
preservation and handling, and analytical protocol for compliance monitoring of a user’s
discharge shall be in accordance with U.S. EPA method 608. The quantification level shall
be 0.1 ug/l, unless higher levels are determined appropriate by the Director because of
sample matrix interference. Total PCBs shall be defined as the sum of the Aroclors 1016,
1221, 1232, 1242, 1248, 1254 and 1260. In addition, any detected Aroclor-specific
measurements shall be reported. Any results above the detection level may require the user
to implement a pollutant reduction plan as determined necessary and appropriate by the
Director.
5. Discharges of TSS are also subject to surcharge as provided by this Chapter.
6. Discharges of Phosphorous (Total) are also subject to surcharge as provided by this
Chapter.
7. At the Director’s discretion, any limit for Ammonia Nitrogen may be directly expressed as
a TKN limit when the user’s discharge contains organic nitrogen.
8. Discharges of Ammonia Nitrogen (or TKN if TKN is the regulated or measured parameter)
are also subject to surcharge as provided by this Chapter.
The IMC and daily maximum limits listed above in this Section 28.06.01(B)(1) (or as listed
elsewhere in this Chapter or in any User Permit, SAL, or Order) for each pollutant
parameter are the concentrations which may not be exceeded and at which enforcement
begins. The surcharge threshold concentrations or loadings established by the Director as
provided by this Chapter are the concentrations or loadings above which surcharges may
be imposed. Discharges exceeding the surcharge thresholds, and which also exceed the
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instantaneous maximum and daily maximum limits (or which violate any other applicable
prohibitions, limitations, standards, or requirements), are violations of this Chapter, and
are also subject to surcharges as provided by this Chapter. All violations of applicable
discharge prohibitions and limitations and all instances of noncompliance with applicable
discharge requirements constitute a violation of this Chapter, subject to applicable fines,
penalties and other enforcement actions. In no event shall the imposition of a surcharge
for a discharge that does not meet the applicable prohibitions, limitations or requirements
be construed as authorizing the illegal discharge or otherwise excuse a violation of this
Chapter.
(2) Any liquid, solid, gas or other pollutant (including, but not limited to, gasoline,
benzene, naphtha, fuel or fuel oil) which by reason of its nature or quantity is
sufficient either alone or by interaction with other substances to create a fire or
explosion hazard or be injurious in any other way to persons, the POTW, or to the
operation of the sewerage system, including, but not limited to, wastestreams with
a closed cup flashpoint of less than 140º F or 60º C using test methods specified in
40 CFR 261.21; and any pollutant which (alone or by interaction with other
substances) causes an exceedence of 10 percent of the lower explosive limit (LEL)
at any point within the POTW.
(3) Pollutants that may cause corrosive structural damage to the POTW or any related
facilities or equipment, or that due to their corrosive properties are capable of
causing injury to persons or POTW personnel, or harm to fish, animals or the
environment. Discharges that have a pH lower than 6.1 s.u. (instantaneous
minimum limit) or greater than 10 s.u. (instantaneous maximum limit) shall not be
discharged.
(a) If a user continuously measures the pH of a wastewater discharge through

use of electronic sensing and recording instrumentation, or such
measurement is performed by the Director, the user shall maintain the pH
of such discharge within the range set forth above, except that excursions
from the range may be permitted as determined appropriate by the Director
subject to the following conditions:
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(i) The total time of excursions from the range shall not exceed 1% of
any calendar month or 1% of the monitoring period if less than one
month.
(ii) No individual excursion from the range shall exceed 60 minutes.
(iii) A permitted user may at the discretion of the Director, be allowed

an exemption from the pH limits of 6.1 s.u. to 10 s.u., provided that
any wastewater discharge with a pH value less than 5.0 s.u. shall be
considered a prohibited slug discharge regardless of duration or
volume as provided Section 28.06.01(B)(3)(b), below. A user
granted such exemption shall be issued an individual control
document specifying the special conditions under which the
exemption may exist.
(b) Any wastewater discharge with a pH value less than 5.0 s.u. shall be
considered a prohibited slug discharge regardless of duration or volume.
(4) Any solid, insoluble or viscous substance in concentrations or quantities which may
cause obstruction to the flow in the POTW, may create an encumbrance to the
POTW operations, or which otherwise may result in interference.
(5) Any pollutant, including, but not limited to, oxygen demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration that may cause pass
through or interference with the POTW or constitute a slug loading, or is otherwise
discharged to the POTW in excessive amounts.
(6) Wastewater (or vapor) having a temperature that will inhibit biological activity in
the POTW or result in interference, or heat in such quantities that the temperature
at any lift station or at the KWRP exceeds 104º Fahrenheit (40º C). No discharge
to the POTW shall have a temperature less than 40º Fahrenheit (4.4º C) or greater
than 135º Fahrenheit (57.2º C), unless approved in advance by the Director.
(7) Petroleum oil, non-biodegradable cutting oil, products of mineral oil origin, in
amounts that may cause interference or pass through.
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(8) Pollutants that result in the presence of gases, vapors or fumes within the POTW in
a quantity that may cause acute worker health and safety problems. This prohibition
includes, but is not limited to, wastewaters which contain liquids, solids or gases
that cause gases, vapors or fumes from the discharge to exceed 10% of the
immediately dangerous to life and health (IDLH) concentration. Discharges that
contain more than one pollutant that may contribute to fume toxicity shall be subject
to more restrictive limitations, as determined necessary by the Director. The more
restrictive discharge limits shall be calculated based on the additive fume toxicity
of all compounds identified or reasonably expected to be present in the discharge.
(9) Substances that, either alone or by interaction with other substances, cause or
substantially contribute to increases in sewer gas hydrogen sulfide levels above 10
parts per million vapor (ppmv) concentration in downstream collection system lift
stations, manholes or sewers. If the Director determines that a User’s discharge is
in violation of this prohibition, the Director may require the User to take whatever
actions are determined necessary and appropriate by the Director to reduce the
concentration of sewer gas hydrogen sulfide levels to less than 10 ppmv.
(10) Trucked or hauled pollutants, except those introduced into the system at discharge
points designated by the Director, subject to the prior approval of the Director and
prior issuance of a User Permit.
(a) The Director shall determine whether to allow the discharge of trucked or
hauled pollutants based on the particular nature, character or quantity of the
proposed discharge in accordance with the discharge prohibitions,
limitations and requirements provided by this Section.
(b) The Director may impose any conditions on the discharge determined
necessary to ensure compliance with this Section, including, without
limitation, conditions regarding the time, place, and manner of discharge,
restrictions on the quantity and quality of the discharge, and sampling
requirements.
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(c) The discharge shall not commence without prior notice to, and authorization
from, the Director, and a representative of the POTW shall be present at all
times during the discharge.
(d) All trucked or hauled wastes to be discharged to the POTW must be

accompanied by a completed waste manifest form signed by the permittee
and the hauler as provided by the minimum requirements of this Section.
The permittee shall certify in writing on the manifest as to the source of all
wastes in the load proposed to be discharged and that the wastes have been
pretreated as required by applicable pretreatment standards and
requirements. The hauler shall certify in writing on the manifest that the
hauler has accepted no wastes other than those listed on the manifest. The
manifest must be reviewed by the Director prior to commencing discharge
of the load. Failure to accurately record every load, falsification of data, or
failure to transmit the form to the Director for review prior to discharge shall
constitute a violation of the permit and may result in revocation of the
permit and/or the imposition of fines and penalties as provided by this
Section.
(e) The permittee’s discharge of hauled wastes shall be subject to sampling by

the Director at any time, including, without limitation, prior to and during
discharge, at no cost to the POTW. The Director may require the permittee
to refrain from, or suspend, discharging until the sample analysis is
complete.
(f) Trucked or hauled pollutants will be accepted only if transported to the

POTW in compliance with state and federal hazardous waste and liquid
industrial waste laws.
(g) Each discharge of trucked or hauled pollutants will be accepted only after
payment to the POTW of a trucked or hauled pollutant discharge fee as
required by the Director. An additional fee shall be charged for trucked or
hauled pollutants accepted from outside of the POTW’s service area.
Additional fees and charges may also be assessed to cover the POTW’s
administrative, consulting, and legal expenses, and any additional
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treatment, handling or inspection expenses incurred by the Director in

connection with the discharge. Any such additional fees shall be
established, paid, and collected as provided for IPP fees by Article 22 of
this Chapter. This discharge fee and any other fees and charges as provided
by this subsection shall be in addition to surcharges that are otherwise
applicable to the discharge.
(h) The discharge of Liquid Industrial By-Products may be allowed subject to

the Director’s approval and compliance with any additional regulations and
requirements established by the Director.
(i) The discharge of septage waste of any kind is prohibited except in

accordance with an approved septage waste receiving facility operating
plan, only at septage receiving stations as specifically designated by the
Director, and subject to compliance with any additional regulations and
requirements established by the Director.
(11) Wastewater with color or light absorbency characteristics that may interfere with
or analytical determinations, or pass through treatment processes, including,
without limitation, dye wastes and vegetable tanning solutions.
(12) Any garbage (commercial or residential); provided that disposal of domestic food
waste into the POTW shall be permitted only after it has been pulverized by an
installed food-waste-grinder unit installed in accordance with the current Plumbing
Code, adopted by the City and enforced by the City.
(13) Solvent extractibles, including, without limitation, oil, grease, wax, or fat, whether
emulsified or not, in excess of applicable local limits; or other substances that may
solidify or become viscous (with a viscosity of 110% of water) at temperatures
between 32º Fahrenheit and 150º Fahrenheit in amounts that may cause obstruction
to the flow in sewers or other interference with the operation of the POTW.
(14) Soluble substances in a concentration that may increase the viscosity to greater than
10% over the viscosity of the water or in amounts that will cause obstruction to the
flow in the POTW resulting in interference.
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(15) Any substance that exerts or causes a high or unusual concentration of inert
suspended solids, as determined by the Director, including, but not limited to, lime
slurries, diatomaceous earth, and lime residues.
(16) Any wastewater that contains suspended solids of such character, quantity or
concentration that special attention is required, or additional expense incurred, to
process such materials at the POTW.
(17) Any substance that exerts or causes a high or unusual concentration of dissolved
solids, including, but not limited to, sodium chloride or sodium sulfate.
(18) Any substance, including, but not limited to, noxious or malodorous liquids, gases,
fumes, or solids, that either singly or by interaction with other wastes are sufficient
to create a public nuisance, cause workplace conditions in violation of any
applicable workplace health or safety standard, pose a hazard to life, sufficient to
prevent entry into the sewers for maintenance and repair, or cause any hazardous
or unsafe conditions for the general public.
(19) Anti-freeze, motor oil, brake fluid, transmission fluid, hydraulic fluid, cleaning
solvents, oil-based paint, water-based paint with mercury biocides, and paint
thinners.
(20) Any radioactive wastes or isotopes of a half-life or concentration unless the user is
authorized to use radioactive material by the U.S. Nuclear Regulatory Commission
or other governmental agency with authority to regulate the use of radioactive
materials; and the discharge is otherwise in full compliance with the regulations of
the U.S. Nuclear Regulatory Commission and any other applicable local, state or
federal regulations.
(21) Any pollutant, substance, or wastewater that, either directly or indirectly, and either
singly or by interaction with other pollutants, has a reasonable potential to cause or
result in excess foaming during the treatment process. Excess foaming is any foam
that, in the opinion of the Director, may interfere with the treatment process.
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singly or by interaction with other pollutants, has a reasonable potential to cause or
result in foam in the POTW’s effluent.
(23) Wastewater containing toxic pollutants in sufficient quantity, either singly or by

interaction with other pollutants, to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, create a toxic effect in
the receiving waters of the POTW, or to exceed the limitation set forth in a
categorical pretreatment standard.
(24) Any hazardous waste as defined by this Chapter, unless specifically approved in
writing in advance by the Director and subject to any conditions determined
necessary and appropriate by the Director.
(25) Any medical or infectious wastes, as defined by EGLE.
(26) Any substance that may cause the POTW’s effluent or any other product of the
POTW such as residues, sludges, or scums, to be unsuitable for reclamation, reuse
or disposal, or otherwise interfere with the reclamation, reuse, or disposal process.
In no case shall a substance discharged to the POTW cause the POTW to be in non-
compliance with sludge use or disposal criteria, guidelines or regulations developed
under 40 CFR Part 503; under Section 405 of the Act; under the Solid Waste
Disposal Act (SWDA) (including Title II, more commonly referred to as RCRA,
and including State regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic
Substances Control Act; the Marine Protection, Research, and Sanctuaries Act; or
any more stringent state or local regulations, as applicable.
(27) Any unpolluted water, including but not limited to, non-contact cooling water, air-
conditioning water, swimming pool water, storm water, surface water,
groundwater, roof runoff, and surface or subsurface drainage, except to a storm
sewer as authorized by this Chapter and other applicable local, state, and federal
laws and regulations, and subject to the prior approval of the Director and EGLE.
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(28) Dewatering groundwater or surface water shall not be discharged to any sewer
without prior written approval from the Director, subject to any such conditions as
determined appropriate by the Director, including, but not limited to, compliance
with the discharge prohibitions and local limits provided by this Chapter.
(29) Any contaminated groundwater or landfill leachate determined by the Director to

have a reasonable potential to adversely affect the operation of the POTW, to result
in pass through or interference, or to violate any pretreatment standard or
requirement.
(30) Any substance that will cause the POTW to violate its NPDES permit, the receiving
water quality standards, or associated local, state or federal laws, rules or
regulations.
(31) Any substance in quantities that contribute to a high chlorine demand, including,
but not limited to, nitrite, cyanide, thiocyanate, sulfite, and thiosulfate.
(32) Any wastewater that exceeds applicable categorical pretreatment standards,

requirements or limits prescribed by local, state, or federal laws, rules or
regulations.
(33) Any compatible or incompatible pollutant in excess of the allowed limits as

determined by applicable local, state or federal laws, rules or regulations.
(34) Any sludge, precipitate or waste resulting from any industrial or commercial
treatment or pretreatment of any person’s wastewater or air pollutants.
(35) Residue (total on evaporation) in an amount that will cause obstruction to the flow
in the POTW resulting in interference.
(36) Water or wastes containing substances which are not amenable to treatment or
reduction by the sewage treatment processes employed, or are amenable to
treatment to only such degree that the KWRP effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving waters.
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(37) Any nondomestic wastewater before the POTW has approved a Notice of Intent
submitted according to Section 28.08.08.
(38) Waste not typically discharged to a sanitary sewer system unless specifically
authorized by the Director pursuant to policies and procedures established by the
Director and subject to limitations set forth in this Chapter.
(39) Any discharge not in compliance with the mass, concentration, volume, flow rate,
or other limitations or requirements specified in a User Permit.
(40) Any discharge with an average daily flow greater than 2% of the POTW’s average
daily wastewater flow or having a rate of flow (gallons per day) greater than 10%
of the POTW’s average daily wastewater flow for a period of one (1) hour or more,
except with the prior review and approval of the POTW.
(41) Any discharge with detectable levels of a fungicide, herbicide, or pesticide

determined in accordance with methods as provided by 40 CFR Part 136 or as
otherwise required by the Director.
(42) Fats, oils, or greases of animal or vegetable origin in amounts that may cause
interference or pass-through.
(43) Bacteriological, chemical, or enzymatic products added to a facility’s discharge or

used to maintain or clean FOG interceptors, unless such products are approved in
advance by the Director.
(44) Any discharge from a centralized waste treatment facility (“CWT”) except as
approved by the Director.
(45) Any trash.
(46) Any discharge of PFAS, including but not limited to, PFOS and/or PFOA, in
amounts that have the potential to cause pass through or interference, or that is
otherwise discharged in an excessive amount or in noncompliance with any
applicable state or federal standard or requirement.
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(47) Any discharge of hexachlorobenzene at or above a quantification level of 0.1 ug/l.

Hexachlorobenzene sampling procedures, preservation, handling, and analytical
protocol for compliance monitoring of a user’s discharge shall be in accordance
with U.S. EPA method 612.
singly or by interaction with other pollutants, has a reasonable potential to:
(a) create a chemical reaction with any materials of construction to impair the
strength or durability of sewer structures;
(b) cause a mechanical action that will damage or destroy sewer structures;
(c) impede or restrict the hydraulic capacity of the POTW or causes a hydraulic
surge in the POTW;
(d) cause or result in turbidity, color, excessive odor, oil films, floating solids,
settleable solids or deposits in the POTW’s effluent;
(e) interfere with normal inspection or maintenance of sewer structures;
(f) place unusual demands upon the wastewater treatment equipment or

processes by biological, chemical or physical means; or
(g) cause a hazard to human life or create a public nuisance.
C. Special Alternative Limits. Notwithstanding the Standard Concentration Limits provided

by Section 28.06.01(B)(1), the POTW may, but shall not be required to, develop alternative
maximum concentration or mass-based limits for specific pollutants for a specific user
(“Special Alternative Limits” or “SAL”), as provided by this Section 28.06.01(C) and the
written SAL procedures established by the KWRP as part of the KWRP’s approved IPP.
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(1) Requests by users to develop a SAL for one or more pollutants shall be made in
writing to the Director. The Director may also initiate the development of a SAL
for one or more pollutants for a user.
(2) After reviewing a request or initiating the development of a SAL, the Director may
require the user to submit any additional information that the Director determines
will be necessary to adequately evaluate the proposed SAL. This information may
include, but shall not be limited to, any of the information that is required to be
provided in a User Permit application as set forth in Section 28.07.04 of this
Chapter.
(3) The Director may require a review of historical data from sampling and monitoring
the user’s discharge, including, but not limited to, concentration and flow data. The
user may be required to update this data using any means or methods determined
necessary by the Director. The Director may also require a review of typical
discharge concentrations and flows for similar users, and any applicable categorical
standards.
(4) A site inspection may be required if deemed necessary by the Director.
(5) The Director shall review the status of the KWRP’s current MAHL and MAIL for
the pollutant for which the SAL is being requested to determine if sufficient loading
remains to accommodate all, any part, or none, of the requested SAL.
(6) The Director shall also review whether the pollutant for which the SAL is being
requested is, or should be, subject to a Collection System Limitation.
(7) If determined necessary by the Director, the Director may require that an updated
MAHL study be conducted to determine whether there is sufficient loading capacity
to accommodate a proposed SAL for the pollutant in question.
(8) After completing the review of a proposed SAL, the Director may approve, approve
subject to conditions (including, but not limited to, required monitoring methods
and frequencies), or deny the SAL, as determined appropriate by the Director;
provided that no proposed or existing SAL shall: (1) significantly hinder the
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capacity of the POTW to accept additional waste from new or existing domestic or
nondomestic customers; (2) result in an exceedance of the POTW’s MAHL for the
SAL pollutant; (3) result in an exceedance of the POTW’s MAIL for the SAL
pollutant; (4) have a discharge concentration (or equivalent discharge concentration
if the SAL is a mass limit) that exceeds a Collection System Limitation applicable
to the SAL pollutant (unless approved by EGLE); or (5) be approved or allowed to
continue unless the Director has determined that the SAL is reasonable and
appropriate under all of the circumstances, consistent with the purposes and
objectives of this Chapter, the KWRP’s approved written SAL procedures, the
POTW’s NPDES permit, and other applicable laws and regulations. All SALs are
subject to review and approval by EGLE.
(9) If a SAL is approved, or approved subject to conditions, and the user accepts the
SAL as approved, the Director may modify or reissue the user’s User Permit to
incorporate the SAL in the permit.
(10) The development of a SAL or implementation of a SAL in a User Permit shall not
convey to any person any property rights or privilege of any kind whatsoever, nor
shall it be construed to authorize any injury to private or public property or any
invasion of personal rights, or any violation of local, state or federal laws or
regulations. A SAL may be reviewed, reevaluated, modified, and/or revoked
without notice at any time and for any reason determined appropriate by the
Director. At a minimum, all existing SALs shall be reviewed whenever the
POTW’s NPDES permit is subject to renewal.
(11) All costs and expenses, direct and indirect, associated with developing a SAL for a
user shall be paid for by the user, including, but not limited to, the costs of
reviewing the user’s request for a SAL, all studies and reports, and all monitoring,
sampling and generation of data; the full value of any POTW staff time (including
any administrative and overhead costs and any required overtime), consultant and
engineering fees, and actual attorney fees (including the POTW’s legal counsel and
any special legal counsel), associated with developing the SAL for the user. At any
time prior to, during, or after the SAL development process, the POTW may require
a user that requests a SAL to post a performance bond (or other form of surety
acceptable to the Director) sufficient to cover all costs and expenses (direct and/or
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indirect) that might reasonably be incurred by the Director as a result of the user’s
request or implementation of an approved SAL, as determined necessary by the
Director.
(12) Short-term SAL variance for compatible pollutants. A permitted industrial user may
apply for approval of a short-term variance for the user’s SAL mass-based limit for
one or more compatible pollutants as provided by this Section 28.06.01(C)(12).
(a) The user’s application for a SAL variance shall be made in writing to the
Director at least 30 days before the requested variance would go into effect.
(b) The written application shall include the reasons for the variance request,
the time period (duration) of the variance requested with beginning and end
dates, a schedule of all major activities, the mass requested for each
compatible pollutant, and a justification for the mass requested for each
compatible pollutant.
(c) The Director shall not approve a request for a short-term SAL variance
unless the Director determines that all of the following conditions apply:
(i) The user currently has a SAL for the requested compatible pollutant.
(ii) Based on the Director’s review of the status of the KWRP's current
MAHL and MAIL for the pollutant(s) for which the variance is
being requested, the Director has determined that there is sufficient
current loading capacity to accommodate all, any part, or none of
the requested temporary loading increase.
(iii) If approved, the requested variance would not cause or contribute

to, singly or in combination with other factors, an exceedance of the
KWRP's MAHL or MAIL limits for any pollutant for which the
variance is requested.
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(iv) The Director has determined that the KWRP is in compliance with
all relevant NPDES permit discharge requirements at the time the
variance is requested.
(d) If the Director determines that all of the conditions in Section

28.06.01(C)(12)(c) apply and that the requested variance is otherwise
justified based on the written variance application, the Director may in the
Director’s discretion approve the requested variance. The Director’s
approval shall be in writing and shall include the dates, the duration, the
temporary SAL mass limit increase for each compatible pollutant, and any
other terms, conditions, or requirements determined necessary or
appropriate by the Director.
(e) In no case shall the Director approve a SAL variance with a duration longer
than 14 consecutive calendar days.
(f) Upon the Director’s approval of a SAL variance as provided by this Section,
the additional amount of mass granted to the user shall be temporarily
withdrawn from the KWRP's MAIL reserves for the requested compatible
pollutant(s) for the duration of the approved variance.
D. Pollutant Reduction Plans. If the Director determines that a user has the reasonable
potential to discharge any regulated pollutant (including, but not limited to, mercury,
PFAS, hexachlorobenzene, or PCBs) to the POTW in quantities or magnitude that may
cause interference or pass through; adversely impact the POTW, its processes or beneficial
use of biosolids; cause noncompliance with applicable federal or state laws or regulations;
cause the POTW to violate its NPDES permit, or otherwise fail to meet the purposes and
objectives of this Chapter, then the Director may require the user to develop, submit for
approval, and implement a Reduction Plan (“RP”) for the pollutant, as provided by this
Section. The RP may be imposed as a condition to a User Permit, or may be required
independently and even if a User Permit has not been issued to the user.
(1) At a minimum, the RP shall contain such requirements and conditions, as

determined necessary by the Director to ensure that the pollutant reduction efforts
will be effective in achieving the goals of this Chapter (including, but not limited
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to, requirements and conditions regarding user source identification; best

management practices; schedules of compliance; monitoring, sampling and
analysis; reporting; treatment system for removal of the pollutant from the
discharged wastewater; written procedures for disposal of contaminated wastes and
wastewater; employee training, and on-going employee training requirements
regarding pollutant related issues; elimination, if feasible, of any purchased
materials containing the pollutant; and any other elements determined necessary
and appropriate under the circumstances by the Director).
(2) The goal of an RP shall be to maintain the amount of one or more pollutants or
substances at or below the applicable discharge limits or levels, or such other goals
as required by the Director. The Director may, in the Director’s sole discretion,
consider cost-effectiveness during the development and implementation of an RP.
(3) The Director may require any user to submit an RP that describes the control
strategy designed to proceed toward achievement of the specified goal and shall at
a minimum include, but shall not be limited to, all of the following as determined
necessary by the Director on a case-by-case basis:
a. Periodic monitoring for the pollutant in the user’s discharge.
b. Periodic monitoring of the potential sources of the pollutant in the user’s

discharge.
c. A commitment by the user that reasonable control measures and/or best

management practices will be implemented when sources of the pollutant
are discovered. Factors to be considered by the Director may include the
following:
(i) Significance of sources.

(ii) Economic considerations.
(iii) Technical and treatability considerations.
(iv) Such other factors as determined appropriate by the Director.
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d. An annual status report. The report shall be sent by the user to the POTW
and shall include, at a minimum, all of the following:
(i) All RP monitoring results for the previous year.

(ii) A list of potential sources of the pollutant in the user’s discharge.
(iii) A summary of all actions taken by the user to reduce or eliminate
the identified sources of the pollutant or substance.
(4) As determined necessary by the Director, the Director may require a user to
develop, submit and implement an RP for any pollutant or substance regulated by
this Chapter. The Director may also modify an approved RP at any time as
determined necessary by the Director to meet the goals and objectives of this
Chapter.
(5) Failure to submit an approvable RP within the specified deadlines or to fully and
timely comply with any condition or requirement of an approved RP shall constitute
a violation of this Chapter, subject to the fine, penalty, and other enforcement
provisions of this Chapter.
(6) Holding enforcement action in abeyance. Except as provided for in Section

28.06.01(D)(6)(c)(iv) and (vi), if the effluent sample analysis results of a user’s
discharge exceeds the applicable discharge limit, detection level, or quantification
level for a pollutant, the Director may, in the Director’s sole discretion, nevertheless
allow that discharge to continue and may hold any enforcement action regarding
the prohibited discharge in abeyance, subject to the terms, conditions, and
requirements of this Section 28.06.01(C)(6), as follows:
a. If an approved RP is already in place: If effluent sample analysis results

exceeds the applicable discharge limit, detection level, or quantification
level for a pollutant for which an approved RP is already in place, then the
Director may, in the Director’s sole discretion, nevertheless allow that
discharge to continue and may hold any enforcement action regarding the
prohibited discharge in abeyance for the period that the sample represents
if the RP (and all terms, conditions and requirements thereof) is being fully
and continually performed in good faith by the user, as determined by the
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Director, and subject to all of the requirements and conditions of Section

28.06.01(D)(6)(c).
b. If an approved RP is not already in place: If effluent sample analysis results

exceeds the applicable discharge limit, detection level, or quantification
level for a pollutant for which an approved RP is not already in place, then
the Director may, in the Director’s sole discretion, nevertheless allow that
discharge to continue and may hold any enforcement regarding the
prohibited discharge in abeyance, subject to all of the requirements and
conditions of Section 28.06.01(D)(6)(c), and provided further as follows:
The user with the non-compliant discharge shall develop and implement an
RP approved by the Director to minimize the user’s discharges of the
pollutant in question to the POTW. The RP shall meet all of the
requirements of this Section 28.06.01(D).
c. The following requirements and conditions shall apply to any situation

under this Section 28.06.01(D)(6) in which an enforcement action is held in
abeyance as provided by this subsection (regardless of whether or not an RP
was in place at the time of the non-compliance):
(i) The user with the non-compliant discharge shall have a POTW-
accessible point for monitoring all discharges from the user to the
POTW, as approved by the Director. All costs and expenses for and
related to the installation and maintenance of this monitoring point
and any required sampling devices shall be paid for solely by the
user.
(ii) The user with the non-compliant discharge shall routinely self-
monitor its discharges to the POTW for the pollutant in question
using the sampling methods, procedures, preservation and handling,
and analytical protocol required by the Director and at the frequency
specified by the Director. All costs and expenses of this sampling
and analysis shall be paid for solely by the user.
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(iii) The POTW may collect any additional samples of the user’s
discharge as determined necessary by the Director, all costs and
expenses to be paid for by the user.
(iv) If the user complies with all of the requirements and conditions for
the RP as specified by the Director; and if the Director determines
that all reasonable and cost-effective actions based on the economic,
technical, and treatability considerations, including, but not limited
to, all elements of the user’s RP, have been, and continue to be, fully
and satisfactorily implemented by the user; and if the user’s
discharge does not cause interference or pass through; adversely
impact the POTW, its processes or beneficial use of biosolids; cause
noncompliance with applicable federal or state laws or regulations;
cause the POTW to violate its NPDES permit, or otherwise fail to
meet the purposes and objectives of this Chapter, then the Director
may, in the Director’s sole discretion, hold enforcement action in
abeyance and allow the user to continue the non-compliant
discharge.
(v) Notwithstanding any provision of this Section 28.06.01(D)(6) to the

contrary, and regardless of whether a user fully complies with all
requirements and conditions of this Section and/or of an approved
RP, the Director shall have the unconditional right to prohibit and
terminate any non-compliant discharge at any time and without prior
notice, and to take any enforcement action in response thereto,
including any enforcement action that had previously been held in
abeyance under this Section 28.06.01(D)(6).
(vi) Notwithstanding any provision of this Section 28.06.01(D)(6) to the

contrary, the Director shall not hold an enforcement action in
abeyance as provided by this subsection for any pollutant parameter
other than mercury, PFAS, or PCBs unless the Director has first
obtained approval from EGLE to implement the requirements of this
Section 28.06.01(D)(6) for the specific pollutant parameter in
question.
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28.06.02. Pretreatment Standards and Requirements
A. Compliance with applicable standards and requirements. The national categorical

pretreatment standards as established for specific industries under 40 CFR chapter I,
subchapter N are hereby made a part of the requirements of this Chapter in accordance with
federal and state laws and regulations and are incorporated by reference as if fully set forth
in this Chapter. A user shall comply with all categorical pretreatment standards and any
other pretreatment requirements established under the Act that are applicable to that user.
A user shall also comply with all other applicable pretreatment standards and requirements
established under this Chapter or under state and federal laws and regulations.
B. Deadlines for compliance. Compliance by existing sources with categorical pretreatment

standards shall be within three (3) years of the date the standard is effective unless a shorter
compliance time is specified by 40 CFR chapter I, subchapter N. Existing sources that
become industrial users subsequent to promulgation of an applicable categorical
pretreatment standard shall be considered existing industrial users except where such
sources meet the definition of “new source.” New sources (whether or not subject to
categorical standards) shall install and have in operating condition and shall start-up all
pollution control equipment required to meet applicable pretreatment standards and
requirements before beginning to discharge. Within the shortest feasible time, not to exceed
ninety 90 days, new sources (whether or not subject to categorical standards) must meet all
applicable pretreatment standards and requirements.
C. Alternative categorical limits. Categorical pretreatment standards shall apply to a user

subject to categorical standards, unless an enforceable alternative limit to the
corresponding national categorical standards is derived using any of the methods specified
in MAC R 323.2313 (regarding removal credits, fundamentally different factor variances,
net/gross calculations, equivalent mass per day limitations, and combined wastestream
formula alternative limitations). The use of any alternative categorical limit shall be subject
to the prior approval of the Director. If local limits are more stringent than derived
alternative categorical limits, the local limits shall control. All costs incurred by the City
in determining or applying an alternative limit shall be reimbursed to the City by the user.
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D. Categorical pretreatment standard limits apply (and samples shall be taken) immediately
downstream from pretreatment facilities if such exist for a regulated process discharge
within the user’s premises or immediately downstream of the regulated process discharge
if no pretreatment exists, at the location(s) determined by the Director. Categorical
pretreatment standard limits are in addition to any other pretreatment standards, limits, and
requirements applicable to a user’s discharge to the POTW under a User Permit, this
Chapter, or other local, state, and federal laws and regulations. If the categorical
pretreatment standard limit applicable to a pollutant in a user’s regulated process discharge
is more stringent than other applicable discharge limits for that same pollutant in the user’s
discharge, the more stringent categorical pretreatment standard limit shall be complied with
at the end-of-process categorical sampling location. If the categorical pretreatment standard
limit applicable to a pollutant in a user’s regulated process discharge is less stringent than
other applicable discharge limits for that same pollutant in the user’s discharge, the other
more stringent limit shall nevertheless be complied with at the point of discharge to the
POTW.
E. Compliance with other applicable laws and regulations. Users of the POTW shall comply
with all local, state, and federal laws and regulations that may apply to their discharges to
the POTW, including, but not limited to, Article II, Air Pollution Control, Part 55 of Act
451 of the Public Acts of Michigan of 1994 (the Natural Resources and Environmental
Protection Act).
28.06.03. Right of Revision
Notwithstanding any other provision of this Chapter to the contrary, the City reserves the right to
establish more restrictive prohibitions, limitations, standards or requirements for discharges to the
POTW to prevent interference or pass through, to protect the POTW, to comply with the purposes
and objectives of this Chapter, to comply with applicable federal or state laws or regulations, to
comply with the POTW’s NPDES permit, or as otherwise determined necessary by the Director.
28.06.04. POTW’s Right To Refuse or Condition Discharge
The POTW may refuse to accept, or may condition its acceptance of, all or any portion of any
proposed or existing discharge to the POTW from any person, regardless of whether or not a User
Permit has been issued for the discharge, if the Director determines that the discharge has a
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reasonable potential to: adversely affect the operation of the POTW; result in pass through or
interference; violate any pretreatment standard or requirement; cause the POTW to violate its
NPDES permit; or if the impacts of the discharge on the POTW or the POTW’s discharge are
uncertain or unknown (because, for example, no local limits or headworks analysis has been
conducted for particular pollutants in the discharge). If the Director denies any person permission
to commence or continue all or any portion of a discharge to the POTW, the person shall refrain
from commencing to discharge or shall immediately terminate the discharge to the POTW and
shall not thereafter recommence discharge without written authorization from the Director.
Similarly, if the Director denies any person permission to commence or continue all or any portion
of a discharge to the POTW except subject to conditions determined necessary and appropriate by
the Director, the person shall refrain from commencing or continuing the discharge except in full
compliance with those conditions. This includes, but is not limited to, the POTW’s right to revise
or revoke User Permits.
28.06.05. Most Restrictive Standards and Requirements Apply
Notwithstanding any provision of this Chapter to the contrary, the most stringent or restrictive
standard or requirement applicable to a user’s discharge shall control, whether established by this
Chapter, by any notice, order, permit, decision or determination promulgated, issued or made by
the Director under this Chapter, by state laws or regulations, including the POTW’s NPDES
permit, or by federal laws or regulations. Further, if state or federal laws or regulations provide for
standards and requirements not covered by this Chapter that are otherwise applicable to a user’s
discharge, those standards and requirements shall apply to the user in addition to those required by
this Chapter, and the most restrictive of those additional standards or requirements shall control
and shall be complied with by the user immediately or within the time period specified by the law
or regulation.
28.06.06. Dilution Prohibited as Substitute for Treatment
Unless expressly authorized to do so by an applicable pretreatment standard or requirement and

subject to the prior approval of the Director, no user shall ever increase the use of process water,
mix separate wastestreams, or in any other way attempt to dilute, thin, or weaken a discharge as a
partial or complete substitute for adequate treatment to achieve compliance with a federal, state,
or local standard, requirement or limitation. The Director may impose mass limitations on
Nondomestic Users that are using dilution to meet applicable pretreatment standards or
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requirements and in other cases where the imposition of mass limitations is appropriate. No user
intending to use dilution as a substitute for treatment shall do so without the prior approval of the
Director consistent with the requirements of this Section.
ARTICLE 7. USER PERMITS
28.07.01. User Permit Required
A. Nondomestic User Permits. It is unlawful and prohibited for any significant industrial user
(SIU), or any other user as determined necessary by the Director to carry out the purposes
of this Chapter, to discharge to the POTW without a Nondomestic User Permit as provided
by this Section.
B. General User Permits. The Director may require any person other than a SIU to obtain a
General User Permit to discharge to the POTW, subject to such terms and conditions as are
determined necessary and appropriate by the Director to achieve the purposes, policies, and
objectives of this Chapter.
(1) A General User Permit may contain, but shall not be required to contain, any of the
terms and conditions that would apply to a Nondomestic User Permit issued to a
SIU as provided by this Section to comply with the general and specific discharge
prohibitions of this Chapter, including, but not limited to, discharge limitations, and
requirements regarding sampling and monitoring; pretreatment; pollution
prevention, minimization or reductions plans; accidental discharge, spill
prevention, and containment requirements; flow equalization; and implementation
of best management practices or a best management practices plan.
(2) To the extent determined appropriate by the Director on a case-by-case basis, a

General User Permit issued under this Subsection shall be subject to provisions
otherwise applicable to permits for SIUs. However, all General User Permits shall
be non-transferable, and are subject to the permit fee and permit appeals provisions
of this Chapter.
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(3) It is unlawful and prohibited for any person required by the Director to obtain a
General User Permit to discharge to the POTW without a General User Permit as
provided by this Section.
(4) Failure to comply with a General User Permit issued under this Subsection
constitutes a violation of this Chapter.
(5) In no case shall a General User Permit be construed to authorize the illegal
discharge or otherwise excuse a violation of this Chapter.
C. Notwithstanding any provision of this Chapter to the contrary, if determined necessary by

the Director to achieve the goals and purposes of this Chapter, the Director may issue a
User Permit to any person without first requiring the person to submit or complete a permit
application.
D. Any violation of the terms or conditions of a User Permit is a violation of this Chapter,
subject to the fine, penalty, and other enforcement provisions of this Chapter. Obtaining a
User Permit shall not relieve a person of the obligation to obtain other permits or approvals
that may be required by other local, state or federal laws or regulations.
E. The issuance of a User Permit shall not convey to any person any property rights or
privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private
or public property or any invasion of personal rights, or any violation of local, state or
federal laws or regulations.
28.07.02. Determination Of User Status
A. The POTW may require any person to submit information to the POTW for its use in
determining the person’s status as a user, including, but not limited to, whether the user is
a SIU, as well as to determine changes or the absence or inadequacy of changes in a user’s
facilities.
B. The POTW shall notify a Nondomestic User of the POTW’s belief that the user is, or may
be, a SIU, or is otherwise required to obtain a permit to discharge. Upon such notification,
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the user must complete and submit an application for a Nondomestic User Permit on a form
furnished by the Director. The failure of the POTW to so notify a Nondomestic User shall
not relieve any SIU of the duty to obtain a permit as required by this Chapter.
C. Upon determination that a User Permit is required, no connection to the POTW shall be
made and no discharge thereto shall occur until a permit is duly issued; provided, however,
that the Director may, in the Director’s sole discretion, issue a written authorization in place
of a permit, which authorization shall be valid for a period not to exceed 60 days.
28.07.03. Permit Application Deadlines
Each user must file an application for a User Permit on the form provided by the Director within
the following deadlines:
A. Existing SIUs: Any SIU discharging into the POTW as of the effective date of this Chapter
shall submit a completed permit application form to the POTW as provided by this Section
within at least 90 days of being so directed and provided a form by the Director.
B. Proposed New SIUs: Any SIU proposing to commence (or recommence) discharging into
the POTW after the effective date of this Chapter shall, at least 90 days prior to the
anticipated date on which discharging will commence (or recommence), request a permit
application form and submit the completed application to the POTW.
C. Categorical Users Subject to New Standard: A user which becomes subject to a new or
revised national categorical pretreatment standard, and which has not previously submitted
an application for a permit as required herein, shall apply to the POTW for a Nondomestic
User Permit within 90 days after the promulgation of the applicable national categorical
pretreatment standard. The POTW may also initiate this action; however, the failure of the
POTW so to do shall not relieve a user of its obligation to obtain a permit.
D. Before taking possession or control of the processes or operations to which an existing

User Permit applies, the user taking possession or control shall apply to the Director for
the issuance of a new User Permit a minimum of 90 days before the user takes possession
or control.
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E. Other users: Any other user directed by the Director to complete and submit a User Permit
application shall do so within at least 90 days of being so directed by the Director and
provided a form by the Director. Any user not required to obtain a User Permit for existing
discharges must apply for and receive a User Permit prior to changing the user’s discharge
in such a manner that the resulting discharge would require a User Permit.
The Director may also require any other person to file the information required by Section 28.07.04
of this Chapter (whether or not that person is currently a user, and whether or not that person is
otherwise currently discharging to the POTW, a storm sewer, or receiving waters), if the Director
determines that there is a reasonable potential for the person to discharge to the POTW, a storm
sewer, or receiving waters, whether due to an accidental spill or for any other reason. Any person
directed by the Director to submit the required shall do so within the time frame as directed by the
Director.
The failure or refusal of any person to submit or complete a permit application shall not in any
way relieve the person from the duty to comply with a permit issued by the Director. In no case
shall the receipt or non-receipt of a completed permit application prevent the issuance of a permit
by the Director or relieve a person from the duty of fully complying with a permit that is issued by
the Director.
28.07.04. Permit Application Requirements
All users shall submit the information required by this Section on the User Permit application
supplied by the Director (or attached thereto) in the form and at a level of detail and in units and
terms as determined necessary by the Director to adequately evaluate the application, accompanied
by payment of a permit application review fee. A separate application and supporting
documentation shall be submitted for each separate location for which a User Permit is required.
A. The name, address, and location of the facility or premises from which discharge will be
made, including the names of the owner(s) and operator(s) of the facility or premises.
B. Corporate or individual name, federal employer identification number, address and

telephone number of the applicant.
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C. Whether the user is a corporation, partnership, proprietorship, or other type of entity, and
the name of the person(s) responsible for discharges by the user.
D. Name and title of the local authorized representative of the user who will have the authority
to bind the applicant financially and legally, and who is authorized by the applicant as its
agent to accept service of legal process, and the address and telephone number of such
representative.
E. The Standard Industrial Classification (SIC) numbers of all processes at the location for
which application is made, according to the Standard Industrial Classification Manual, as
amended (or, if applicable, the North American Industrial Classification System (NAICS)
designation).
F. Actual or proposed wastewater constituents and characteristics for each parameter listed in
the permit application, including, but not limited to, any pollutants that are limited or
regulated by any federal, state, or local standards or requirements. The information
provided for such parameters shall include all of the following:
(1) Pollutants having numeric or narrative limitations as provided by this Chapter.
(2) Pollutants limited by National Categorical Pretreatment Standards regulations for

similar industries.
(3) For each parameter, the expected or experienced maximum and average
concentrations during a one-year period shall be provided.
(4) For industries subject to National Categorical Pretreatment Standards or

requirements, the data required shall be separately shown for each categorical
process wastestream and shall include all information required in Section
28.08.01(A) for a Baseline Monitoring Report.
(5) Combined wastestreams proposed to be regulated by the combined wastestream

formula shall be specified.
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(6) Information regarding any other potential pollutants of concern, even if not limited
by numeric or narrative limitations as provided by this Chapter or subject to
National Categorical Pretreatment Standards or requirements.
G. For purposes of information required by the application, sampling and analysis shall be
performed in accordance with the following: Procedures established by U.S. EPA pursuant
to Section 304 (g) of the Act and as contained in 40 CFR 136, as amended. If 40 CFR 136
does not include a sampling or analytical technique for the pollutant in question, sampling
and analysis shall be performed in accordance with the procedures in U.S. EPA publication
“Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority
Pollutants,” April 1977, and amendments or revisions thereto, or where appropriate and
applicable, in accordance with any other sampling and analytical procedures approved by
EPA, or as otherwise specified by the Director.
H. A listing and description of the following: plant activities, plant facilities, and plant
processes on the premises for which the permit is being applied. Processes which are
subject to National Categorical Pretreatment Standards or requirements shall be so
designated, and identification of which pollutants are associated with each process shall be
stated.
I. A listing of the type and amount of raw materials and chemicals (including material safety
data sheets) that are either used in the manufacturing process or could yield the pollutants
referred to in this Section. Any user claiming immunity from having to provide such
information shall furnish proof of such immunity that is acceptable to the Director and in
accordance with all applicable local, state, and federal laws and regulations.
J. A statement containing information on the spill containment and prevention of

Accidental/Spill Discharges program for each of the pollutants referred to in this Section.
The information provided shall include the following:
(1) The approximate average and maximum quantities of such substances kept on the
premises in the form of the following: (a) raw materials; (b) chemicals; and/or (c)
wastes therefrom; and
(2) The containment capacity for each of the above items.

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The following requirements apply for purposes of the spill containment and prevention
statement required by this Subsection:
For raw materials, chemical solutions or waste materials that do not contain any substance
on the Critical Materials Register promulgated by EGLE, only substances which are in a
form which could readily be carried into the sewerage system and which constitute a
concentration of 5% or greater on a dry weight basis in the raw material, chemical solution
or waste material are required to be included in the statement. Volumes of less than 55
gallons or the equivalent need not be included unless lesser quantities could cause
interference or pass through to the sewerage system.
For raw materials, chemical solutions or waste materials that contain any amount of any
substance on the Critical Materials Register promulgated by EGLE, the statement shall
include the name of the substance and the expected concentration so that the Director can
determine whether or not it may constitute a threat to the POTW if a spill occurs.
K. The name and address of each laboratory performing analytical work for the user
submitting the application.
L. A description of typical daily and weekly operating cycles for each process in terms of
starting and ending times for each of the 7 days of the week.
M. Average and maximum 24-hour wastewater flow rates, including thirty (30) minute peak
wastewater flow rates, and daily, monthly and seasonal variations, if any; and a list of each
national categorical process wastestream flow rate and the cooling water, sanitary water
and storm water flow rates separately for each connection to the POTW, and list showing
each combined wastestream. All flows shall be measured unless other verifiable techniques
are approved by the Director.
N. A drawing showing all sewer connections and sampling manholes by the size, location,
elevation and points or places of discharges into the POTW, storm sewer, or receiving
waters.
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O. A flow schematic drawing showing which connections receive each national categorical
process wastestream or other process wastestreams, and which connections receive storm
water, sanitary water or cooling water.
P. A schematic drawing showing which sewers handle each combined wastestream.
Q. Each product produced by type, amount, process or processes and the rate of production as
pertains to processes subject to production-based limits under national categorical
standards or requirements shall be specified.
R. Actual or proposed hours of operation of each pretreatment system for each production
process.
S. A description and schematic drawing showing each pretreatment facility, identifying

whether each such facility is of the batch type or continuous process type.
T. If other than potable water is used, identification of the user’s source of intake water
together with the types of usage and disposal method of each water source and the
estimated wastewater volume from each source.
U. A statement certified by a qualified professional regarding whether the requirements of this

Chapter and the national categorical pretreatment standards and requirements are being
met on a consistent basis; and if not, what additional operation and maintenance work
and/or additional construction is required for the user to comply with applicable standards
and requirements.
V. A list of all environmental permits (and, if requested by the Director, a copy of any
environmental permit) held by the user applicable to the premises for which the User
Permit is being sought.
W. Whether additional operation and maintenance (O&M) and/or additional pretreatment is

required for the user to meet all applicable federal, state, and local pretreatment standards
and requirements. If additional O&M or additional pretreatment will be required to meet
the applicable standards and requirements, then the user shall indicate the shortest time
schedule necessary to accomplish installation or adoption of the additional O&M and/or
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pretreatment. The completion date in this schedule shall not be longer than the compliance
date established for the applicable pretreatment standard. The following conditions shall
apply to this schedule:
(1) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to meet the applicable
pretreatment standards (including, without limitation, hiring an engineer,
completing preliminary plans, completing final plans, executing contracts for major
components, commencing construction, completing construction, beginning
operation, and conducting routine operation). No increment referred to above shall
exceed nine (9) months, nor shall the total compliance period exceed eighteen (18)
months.
(2) No later than fourteen (14) days following each date in the schedule and the final
date for compliance, the user shall submit a progress report to the POTW including,
at a minimum, whether or not it complied with the increment of progress, the reason
for any delay, and if appropriate, the steps being taken by the user to return to the
established schedule. In no event shall more than nine (9) months elapse between
submissions of the progress reports to the POTW.
X. Any other information determined necessary by the Director to adequately evaluate the
application. To the extent that actual data is not available for a new source, the applicant
shall supply estimated or expected information.
Y. All applications (and reapplications) shall be signed and certified by an “authorized

representative” of the user as defined by this Chapter.
Z. The information required to be submitted with an application, including but not limited to,
blueprints, drawings, schematics, and site plans, shall be prepared and signed by a qualified
licensed engineer unless otherwise approved in advance by the Director.
28.07.05. Permit Issuance, Denial, or Determination that Permit not Required
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A. The POTW shall evaluate the application information furnished by a user and may require
additional information as necessary to complete and properly review the application. No
action shall be taken by the Director on an application (and the 120 day review period as
provided by this subsection shall not begin to run) until the application is determined to be
complete by the Director. Within 120 days after the submission of a complete application
(unless the POTW and the applicant agree to extend this time period), the POTW shall
either issue a User Permit subject to terms and conditions provided by this Chapter, deny
the application, or determine that a permit is not required as provided by this Chapter.
B. A User Permit may be denied by the Director:
(1) If the POTW determines that the proposed discharge, or continued discharge, will
not comply with all applicable standards and requirements of this Chapter;
(2) If the user refuses, fails or declines to accept the terms and conditions of a permit
as proposed to be issued by the Director;
(3) For any reason that would support a suspension or revocation of the permit as
provided by this Chapter
(4) If the POTW determines that the POTW cannot adequately or reasonably treat the
user’s discharge (due to insufficient capacity, the quality or quantity of the
pollutants, available POTW resources etc.);
(5) If the POTW is not satisfied that the user has not taken all reasonable steps to
prevent, minimize or reduce pollutants in the user’s discharge;
(6) To prevent the discharge of pollutants into the POTW, singly or in combination
with other pollutants, for which there is a reasonable potential, as determined by
the Director, to:
(a) Not meet applicable pretreatment standards and requirements;
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(b) Interfere with the operation of the POTW;
(c) Pass through the POTW into the receiving waters or the atmosphere;
(d) Inhibit or disrupt the POTW’s processing, use, or disposal of sludge;
(e) Cause health or safety problems for POTW workers; or
(f) Result in a violation of the POTW’s NPDES permit or of other applicable

laws and regulations;
(7) If the POTW determines that there is not, or will not be, sufficient capacity
available (in both wastewater volume and strength) for a proposed discharge in all
downstream sewers, pump stations, interceptors, and force mains, including, but
not limited to, adequate capacity to accept, treat, and dispose of BOD, TSS, or
similar materials as required by applicable local, state, or federal laws, rules, or
regulations; or
(8) For any other reason determined by the Director as necessary and appropriate to
protect the POTW or to meet the purposes and intent of this Chapter.
28.07.06. Permit Conditions
A. User Permits shall be subject to all provisions of this Chapter and all other applicable
regulations, user charges, and fees established by the Director. Further, User Permits
incorporate by reference all provisions, regulations, and requirements of the Ordinance
without setting them forth in full therein.
B. Nondomestic User Permits shall at a minimum include all of the conditions required by
MAC 323.2306(a)(iii). In addition, User Permits shall include any conditions determined
reasonably necessary by the Director to prevent pass through or interference, to protect the
quality of the receiving waters, to protect worker health and safety, to facilitate POTW
sludge management and disposal, to protect ambient air quality, to protect against damage
to the POTW, or to otherwise achieve the objectives of this Chapter, including, but not
limited to, the following:
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(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization.
(2) Limits on the average and/or maximum concentration, mass, or other measure of
identified wastewater constituents or properties.
(3) Requirements for installation of pretreatment technology or construction of

appropriate containment devices, or similar requirements designed to reduce,
eliminate, or prevent the introduction of pollutants into the treatment works.
(4) Development and implementation of slug discharge control plans, spill control
plans, or other special conditions, including additional management practices
necessary to adequately prevent accidental or unanticipated discharges.
(5) Requirements for installation, maintenance, repair, calibration and operation of

inspection and sampling facilities and discharge flow monitors.
(6) Specifications for monitoring programs which shall include, but are not limited to,
sampling locations, frequency of sampling, number, types, and standards for tests,
and reporting schedules.
(7) Compliance schedules.
(8) Requirements for submission of technical reports or discharge reports.
(9) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the Director and affording the POTW access to those
records.
(10) Requirements for notifying the POTW if self-monitoring indicates a violation as

provided by Section 28.08.04 of this Chapter, and for repeat sampling and analysis
as provided by Section 28.09.06 of this Chapter.
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(11) Requirements for notification of any new introductions of wastewater constituents

or of any substantial change in the volume or character of the wastewater being
introduced into the POTW, including listed or characteristic hazardous waste for
which the user has submitted initial notification under MAC R 323.2310(15).
(12) Requirements for the notification of any change in the manufacturing and/or
pretreatment process used by the permittee.
(13) Requirements for notification of accidental or slug discharges, or discharges that

exceed a discharge prohibition.
(14) Requirements for notification and need for prior approval from the Director for any
proposed change in a sampling location.
(15) A statement regarding limitations on transferability of the permit.
(16) A statement of the duration of the permit.
(17) A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable pretreatment standards and
requirements, including those that become effective during the term of the permit.
(18) Requirements for a written certification signed by the permittee that acknowledges
that the permittee has read and fully understands all terms and conditions of the
permit; and acknowledges that the permittee accepts all of the terms and conditions
of the permit as written and accepts full responsibility for complying with the
permit as approved.
(19) A statement of applicable civil and criminal penalties for violation of discharge
limitations, pretreatment standards and requirements, and compliance schedules.
(20) Requirements regarding development by a user of a pollutant prevention,

minimization, or reduction plan (e.g., for mercury or PCBs) and/or requirements
regarding use of best management practices to control, contain, treat, prevent, or
reduce the discharge of wastewater, pollutants, or other substances to the POTW,
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to implement the discharge prohibitions or limits as provided by Section 28.06.01,

or otherwise meet the purposes, policies and objectives of this Chapter.
(21) Requirements regarding development by a user of a sampling plan for one or more
pollutant parameters to be approved by the Director.
(22) Terms, conditions, and requirements for a SAL if a SAL has been approved for the
user.
(23) Other conditions as determined necessary by the Director to ensure compliance

with this Chapter and other applicable laws, rules and regulations.
If the POTW determines that a user is discharging substances of a quality, in a quantity, or

in a location that may cause problems to the POTW or the receiving stream, the POTW has
the authority to develop and enforce effluent limits applicable to the user’s discharge.
28.07.07. Permit Modifications
A User Permit may be modified by the Director at any time and for any reason determined
necessary by the Director to assure compliance with the requirements of this Chapter and other
applicable laws and regulations, including, without limitation, any of the following reasons:
A. To incorporate any new or revised federal, state or local pretreatment standards or

requirements, or other applicable requirement of law or regulation.
B. Material or substantial changes or additions to the permittee’s operations, processes, or the

character or quality of discharge that were not considered in drafting or issuing the existing
permit. It shall be the duty of a user to request an application form and to apply for a
modification of the permit within 30 days of any such change(s). The POTW may modify
a permit on its own initiative based on its findings or upon reasonable cause to believe that
any such change(s) has occurred or threatens to occur.
C. A change in any condition in the permittee’s discharge, facility, production or operations,

or in the POTW, that requires either a temporary or permanent reduction or elimination of
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the permittee’s discharge to assure compliance with applicable laws, regulations or the
POTW’s NPDES permit.
D. Information indicating that the permitted discharge poses a threat to collection or treatment
systems; the POTW’s processing, use, or disposal of sludge; POTW personnel; or the
receiving waters.
E. Violation of any terms or conditions of the user’s permit.
F. Misrepresentation or failure to disclose fully all relevant facts in the permit application or
in any required report or notice.
G. Revision of, or a grant of a variance from, applicable categorical standards pursuant to 40

CFR 403.13.
H. To correct typographical or other errors in the permit.
I. To reflect transfer of the facility ownership and/or operation to a new owner or operator.
J. To add or revise a compliance schedule for the permittee.
K. To reflect changes or revisions in the POTW’s NPDES permit.
L. To ensure POTW compliance with applicable sludge management requirements

promulgated by EPA.
M. To incorporate any new or revised requirements resulting from reevaluation of the POTW’s
local limits.
N. To incorporate a request for modification by the permittee, as determined appropriate by

the Director and provided the request does not create a violation of any applicable
requirement, standard, law, rule or regulation.
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The permittee shall be informed of any changes in the permit at least 30 days prior to the effective
date of the change, unless a shorter time is determined necessary by the Director to meet applicable
laws, to protect human health or the environment, or to facilitate an enforcement action.
28.07.08. Permit Duration
A. Nondomestic User Permits shall be issued for a specified time period, not to exceed 5 years,
subject to modification, reissuance, suspension or revocation as provided by this Section.
At the sole discretion of the Director, a Nondomestic User Permit may be issued for a
period less than 5 years and may be stated to expire on a specific date.
B. General User Permits may be issued for any time period determined appropriate by the
Director, subject to modification, reissuance, suspension, or revocation as provided by this
Section.
28.07.09. Permit Reissuance
A. To apply for reissuance of an existing User Permit, a user must submit a complete permit
application to the POTW accompanied by payment of an application fee at least 90 days
prior to the expiration of the user’s existing permit (or at least 180 days prior to the
expiration of a 5 year permit). The application shall be submitted in a form prescribed by
the Director. It shall be the responsibility of the user to make a timely application for
reissuance.
B. All User Permits issued to a particular user are void upon the issuance of a new User Permit
to that user.
28.07.10. Continuation of Expired Permits
An expired User Permit will continue to be effective until the permit is reissued only if: (a) the
user has submitted a complete permit application at least 90 days prior to the expiration date of the
user’s existing permit (or at least 180 days prior to the expiration date of a 5 year permit); and (b)
the failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or
failure to act on the part of the user. In all other cases, discharge to the POTW following expiration
of a permit is unlawful.
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28.07.11. Permit Suspension and Revocation
User Permits may be suspended or permanently revoked by the Director for any reason determined
necessary by the Director to assure compliance with the requirements of this Chapter, the POTW’s
NPDES permit, or other applicable laws and regulations, including, without limitation, any of the
following reasons:
A. Falsifying self-monitoring reports or any other report, notification, or submission.
B. Tampering with monitoring equipment.
C. Failure to allow timely and reasonable access to the permittee’s premises and records by
representatives of the POTW for purposes authorized by this Chapter, including, without
limitation, inspection or monitoring.
D. Failure to meet effluent limitations.
E. Failure to pay fines or penalties.
F. Failure to pay sewer charges.
G. Failure to pay permit fees.
H. Failure to meet compliance schedules.
I. Failure to comply with any term or condition of the permit, an order, the requirements of
this Chapter, or any final judicial order entered with respect thereto.
J. Failure to comply with any reporting or notice requirement.
K. Failure to disclose fully all relevant facts in the permit application or during the permit
issuance process, or misrepresentation of any relevant fact at any time.
L. Failure to complete a wastewater survey or the User Permit application.

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M. As determined by the Director, the discharge permitted by the permit has a reasonable
potential to endanger human health or the environment and the threat can be abated only
by suspension or revocation of the permit.
Upon suspension or revocation of a permit, a user shall immediately terminate its discharge to the
POTW and shall not thereafter recommence discharge without further authorization from the
Director as provided by this Chapter. The POTW may reissue a revoked permit upon a showing
satisfactory to the Director that the permittee has corrected the violation or condition that led to
the revocation. A person who has had a permit revoked may apply for a new permit.
A person’s taking or failure to take any of the actions provided by Section 28.07.11(A) through
(M) shall also constitute a violation of this Chapter and subject the person to enforcement action
in addition to and independent of User Permit suspension or revocation.
28.07.12. Limitations on Permit Transfer
A. A User Permit is issued to a specific user for discharge from a specific facility and operation
and shall not be assigned or transferred or sold to a new or different owner, operator, user,
discharger, facility or premises, or to a new or changed facility or operation, without the
prior written approval of the Director. If the transfer of a permit is approved, any
succeeding transferee permittee must also comply with the terms and conditions of the
existing permit. The Director may approve (but shall not be required to approve) the
transfer of a permit only if all of the following conditions are met:
(1) The transferor (permittee) shall give at least 60 days advance notice to the Director
of the proposed transfer of the permit (unless a shorter notice period is approved by
the Director in advance). The notice shall include a written certification signed by
the proposed transferee that (a) states that the transferee has no present intent to
change the facility’s operations and processes; (b) identifies the specific date on
which the transfer is to occur; (c) acknowledges that the transferee has read and
fully understands all terms and conditions of the permit; and (d) acknowledges that
the transferee accepts all of the terms and conditions of the permit as written and
accepts full responsibility for complying with the existing permit if the transfer is
approved.
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(2) As of the date of the proposed transfer, there are no outstanding violations of the
permit, and there are no unpaid charges, fines, penalties or fees of any kind due to
the POTW from the transferor or the transferee related to use of the POTW.
(3) Except as to the identity of the new discharger (the transferee), the application
materials for the permit to be transferred as originally filed by the transferor, as well
as the terms and conditions of the permit itself, are completely accurate with respect
to, and fully applicable to, the discharge, facilities, and activities of the transferee.
(4) The permit transfer fee as established by the Director has been paid to the City.
B. If the transfer of a permit is approved and the permit transfer fee has been paid to the City,
the Director shall make the necessary minor modifications to the permit to show the
transferee as the permittee, and a copy of the permit shall be provided to the transferee for
signature and certification by the transferee as provided by Section 28.08.11 of this
Chapter. The transferor (permittee) shall remain liable for any discharges to the POTW
from the facility (along with any other persons actually discharging from the facility to the
POTW) until a transfer of the permit has been approved as provided by this Section.
C. This Section is not intended to, and shall not be construed to, limit in any way the transfer
of ownership of the property involved.
D. Any attempt to transfer a User Permit that does not comply with the requirements of this
Section renders the permit void as of the date of the invalid transfer.
28.07.13. Duty to Provide Information
Users shall furnish to the POTW any available information that the POTW requests to determine
whether cause exists for modifying, revoking and reissuing, or terminating a User Permit, to
determine compliance with a permit, to determine whether a permit is required, or for any purpose
as otherwise determined necessary by the Director. Users shall also, upon request, furnish to the
POTW copies of any records required to be kept by a permit. The information and records
requested by the Director shall be provided by the user to the POTW within twenty-four (24) hours
of the request, unless an alternative time frame is specified by the Director when making the
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request or unless the POTW allows additional time for the user to submit the requested information
based on a showing by the user of good cause for any delay. The user’s failure to submit the
requested information to the POTW within twenty-four (24) hours (or within any alternate time
period approved by the Director as provided by this Section) shall constitute a violation of this
Chapter.
28.07.14. Permit Appeals
Except as otherwise provided by this Section, an informal appeal to the Director (or, if applicable,
a subsequent formal appeal to the Wastewater Board of Appeals (“WBA”)) of any final decision
made by the Director in connection with issuing or implementing a User Permit shall be governed
by Article 18 of this Chapter. An appealing party must specify in its notice of appeal the action of
the POTW being appealed and the grounds for the appeal. If a particular permit provision is
objected to, the notice of appeal must specify the reasons for the objection, and the alternative
provision, if any, sought to be placed in the permit. The effectiveness of a permit or any final
decision made by the Director shall not be stayed pending a decision by the Director (or, if formally
appealed to the WBA, pending a decision of the WBA). If formerly appealed to the WBA, after
considering the record on appeal including any statements provided by the Director in response to
the appeal, the WBA determines that a permit or any provision of a permit should be reconsidered,
the WBA shall remand the matter to the Director for further action as determined appropriate by
the WBA. Specific provisions of a permit that are remanded by the WBA for reconsideration by
the Director shall be stayed pending further final action taken by the Director as required by the
decision of the WBA. A decision of the Director not timely appealed to the WBA shall be
considered final administrative action for purposes of judicial review. A decision of the WBA not
to remand any matter shall be considered final administrative action for purposes of judicial
review.
28.07.15. Permits Not Stayed
Except as otherwise expressly provided by Section 28.07.14, no action taken or request filed by
any permittee shall operate to stay the effect of any permit or of any provision, term or condition
of any permit, including, without limitation, a request for permit modification, reissuance, or
transfer, or a notification of planned changes or anticipated noncompliance.
28.07.16. Permit Fees

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User Permit fees shall be established, paid, and collected as provided by this Section and Article
23 of this Chapter.
ARTICLE 8. REPORTING AND NOTICE REQUIREMENTS
All users shall comply with the minimum reporting and notice requirements provided by this
Article, as follows:
28.08.01. Reports By Nondomestic Users Regarding Categorical Pretreatment

Standards and Requirements
A. Baseline Monitoring Reports. Within 180 days after the effective date of a categorical
pretreatment standard, or 180 days after the final administrative decision made upon a
category determination submission under MAC R 323.2311(2) whichever is later, an
existing Nondomestic User subject to the categorical pretreatment standards and that
currently discharges or is scheduled to discharge to the POTW shall submit a report to the
POTW as required by MAC R 323.2310(2). At least 90 days prior to commencement of
discharge, new sources, and sources that become Nondomestic Users subsequent to the
promulgation of an applicable categorical pretreatment standard shall submit the reports to
the POTW as required by MAC R 323.2310(2). Any changes to the information required
to be submitted by a Nondomestic User pursuant to MAC R 323.2310(2)(a) through (e)
shall be submitted by the user to the POTW within 60 days of when the user becomes aware
of the change.
B. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days

following the date for final compliance with applicable categorical pretreatment standard
or, in the case of a new source, following commencement of the discharge to the POTW,
any Nondomestic User subject to categorical pretreatment standards and requirements shall
submit the reports to the POTW required by MAC R 323.2310(3).
C. Periodic Reports on Continued Compliance. Any Nondomestic User subject to a

categorical pretreatment standard, after the compliance date of the categorical pretreatment
standard, or, in the case of a new source, after commencement of the discharge into the
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public sewer or POTW, shall submit the periodic reports to the POTW required by MAC
R 323.2310(4). These periodic reports shall be submitted at least once every six (6) months
(during the months of June and December unless alternate months are approved by the
Director), unless required more frequently by the applicable pretreatment standard, by the
Director, or by the State. The reports shall include a record of all average and maximum
daily flows during the prior six (6) month reporting period, except that the POTW may
require more detailed reporting of flows. All flows shall be reported on the basis of actual
measurement unless the POTW agrees, due to cost or nonfeasibility, to accept verifiable
estimates of the average and maximum flows estimated using techniques approved by the
Director. The combined wastestream formula may be used for reporting purposes after the
initial information has been furnished to the POTW, provided there has been no change to
the elements composing the combined wastestream. The results of sampling of the
discharge and analysis of pollutants appearing in the report shall be cross-referenced to the
related flow and mass to determine compliance with National Categorical Pretreatment
Standards. In cases where the Pretreatment Standard requires compliance with a Best
Management Practice (or pollution prevention alternative), the user shall submit
documentation required by the Director or the Pretreatment Standard necessary to
determine the compliance status of the user.
28.08.02. Reports Required for Nondomestic Users Not Subject to Categorical

Pretreatment Standards
A. All Nondomestic Users not subject to categorical pretreatment standards shall submit to
the POTW periodic reports providing information regarding the quality and quantity of
wastewater and pollutants discharged into the POTW (including, without limitation,
information regarding the nature, concentration (or mass), and flow of the discharge).
These reports shall be based on sampling and analysis performed in the period covered by
the report in accordance with the sampling, analysis, and monitoring requirements provided
by Article 9 of this Chapter (except that historical sampling data shall not be used for the
periodic compliance reports required by this Section 28.08.02).
B. For Significant Industrial Users, the reports shall be submitted at least once every six (6)
months for the preceding six (6) months (during the months of June and December unless
alternate months are specified by the Director), unless required more frequently by the
Director.
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C. If required by the Director for Nondomestic Users other than Significant Industrial Users,
the reports shall be submitted at least once every twelve (12) months for the preceding
twelve (12) months (during the month of October unless an alternate month is specified by
the Director), unless required more frequently by the Director.
D. The reports for all Nondomestic Users shall be submitted on forms provided by (or in a
format required by) the POTW, and shall include, without limitation, the volume of
wastewater; the concentration of pollutants; the names of all person(s) responsible for
operating and maintaining any pretreatment equipment, pretreatment processes, or
responsible for wastewater management at the user’s facilities, with a brief description of
each person’s duties; information regarding materials or substances that may cause
interference or pass through; and any other information deemed necessary by the Director
to assess and assure compliance with applicable discharge requirements or to safeguard the
operation of the POTW.
28.08.03. Notice by User of Potential Problems
All Nondomestic Users, whether or not subject to categorical pretreatment standards, shall notify
the POTW immediately by telephone of all discharges by the user that could cause problems to
the POTW, including, without limitation, accidental discharges, slug loadings, discharges of a non-
routine, episodic nature, non-customary batch discharge, or discharges that exceed a discharge
prohibition or limitation provided by this Chapter. The notification shall include available
information regarding the location of the discharge, its volume, duration, constituents, loading and
concentrations, corrective actions taken and required, and other available information as necessary
to determine what impact the discharge may have on the POTW. A detailed written report
providing the same and any additional available information (including specifying the measures
that will be taken by the user to prevent similar future discharges) shall also be provided by the
user to be received by the Director within five (5) days of the incident.
28.08.04. Notice by User of Violation of Pretreatment Standards
If sampling performed by a Nondomestic User indicates a violation, the user shall notify the POTW
within twenty-four (24) hours of becoming aware of the violation (and shall comply with other
applicable requirements provided by Section 28.09.06 regarding repeat sampling and analysis).
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28.08.05. Notice by User of Changed Discharge or Change in User Status
A. A Nondomestic User shall promptly notify the POTW in advance of any substantial change
in the volume or character of pollutants in its discharge, or of any facility expansion,
production increase, or process modifications that could result in a substantial change in
the volume or character of pollutants in its discharge.
B. For purposes of this Section, “promptly” means as soon as reasonably possible, but in no
event less than sixty (60) days before the change.
C. For purposes of this Section, “substantial change” includes, without limitation, any of the
following:
(1) The discharge of any amount of a pollutant not identified in the user’s permit
application or in the permit issued.
(2) An increase in concentration (or degree) of any pollutant that exceeds 10% of the
concentration (or degree) for the pollutant as indicated in any report required under
Section 28.08.01 or 28.08.02;
(3) An increase in discharge volume that exceeds 20% of the volume as indicated in
any report required under Section 28.08.01 or 28.08.02.
(4) Any increase in the amount of any hazardous wastes discharged, including, without
limitation, the hazardous wastes for which the user has submitted initial notification
under Section 28.08.06 of this Chapter.
(5) The discharge of any ground waters purged for a removal or remedial action.
(6) The discharge of any pollutants that are present in the discharge due to infiltration.
(7) A change in discharge that may convert a Nondomestic User into a Significant
Industrial User, or a Nondomestic User into a Categorical User.
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(8) A change in discharge that would cause a change in the categorical standards that
apply to the user.
D. In determining whether to accept any changed discharge, or, if so, under what conditions,
the POTW shall evaluate the changed discharge pursuant to the general and specific
discharge prohibitions under Section 28.06.01 and other applicable provisions of this
Chapter. The user may be required to submit such information as may be deemed necessary
to evaluate the changed condition, including the submission of a User Permit application.
E. No user shall implement the planned changed conditions until and unless the Director or
his/her designee has responded to the user’s notice.
F. This Section shall not be construed to authorize a discharge that exceeds a discharge
prohibition or limitation provided by this Chapter or a permit.
28.08.06. Notice By User Regarding Wastes That Are Otherwise Hazardous
Any Nondomestic User that discharges to the POTW a substance that, if disposed of other than by
discharge to the POTW, would be a hazardous waste under 40 CFR Part 261 or under the rules
promulgated under the state hazardous waste management act (Part 111 of Act 451 of the Public
Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as amended) shall notify the Director, the
U.S. EPA Region V Waste Management Division Director, and the State hazardous waste
authorities of the discharge as required by MAC R 323.2310(15).
28.08.07. Notice by User Regarding Installation of New Pretreatment Facilities
Within five (5) days after completing installation of new pretreatment facilities, the user shall
notify the Director in writing of the time and date when it intends to commence operation of the
new facilities, and the identity of the person who will conduct any tests to be performed. The
pretreatment facilities shall not be placed in regular operation until adequate tests have been
conducted to establish that the discharges will comply with the requirements of this Chapter and
other applicable laws and regulations. Upon prior written request by the Director, the user shall
allow a representative of the POTW to observe the tests at the time they are conducted. The cost
of the tests shall be paid by the user.
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28.08.08. Notice of Intent
A. At least 60 days before commencing or changing a discharge, each of the following persons
shall submit a Notice of Intent to the POTW for approval by the Director:
(1) A person proposing to discharge any nondomestic wastewater not previously

reported to the POTW.
(2) A person taking possession or control of an existing facility that discharges or may
discharge process wastewater into the POTW.
(3) A person constructing a new facility that will discharge process wastewater into the
POTW.
(4) A person commencing or modifying a discharge of hazardous wastes that requires

reporting under Section 28.08.06.
B. The Notice of Intent shall be submitted in writing on a form provided by the Director and
shall be accompanied by a payment of any fees established by the City. It shall include
sufficient information to allow the Director to evaluate the effect of the proposed discharge
on the POTW and operations and to assure compliance with this Chapter.
28.08.09. Other Reports and Notices Required by this Section or by Other Applicable
Laws and Regulations
Users shall comply with all other reporting or notice requirements as provided by this Chapter, by
any notice, order or permit issued under this Chapter, or as required by any other applicable law
or regulation, including, without limitation, the reporting and notice requirements in connection
with accidental discharge (Section 28.10), upset (Section 28.11), bypass (Section 28.12), and any
other reports or notice requirements determined necessary by the Director to assess and assure
compliance with the requirements of this Chapter.
28.08.10. Requirements Applicable to All Required Reports, Notifications, and

Applications
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All reports, notifications, and applications submitted by a user to the POTW as required by this
Chapter (or by any order, permit or determination issued or made pursuant to this Chapter) shall
meet the following requirements:
A. All reports, notifications, applications and requests for information required by this Chapter
shall be based upon data obtained through appropriate sampling and analysis performed
during the period covered by the report, notification, application or request. The data shall
be representative of conditions occurring during the applicable reporting period. If a
pretreatment standard requires compliance with a Best Management Practice or pollution
prevention alternative, the user shall submit documentation as required by the Director or
the applicable standard to determine compliance with the standard.
B. If a user monitors any pollutant (or measures flow) more frequently than required by this
Chapter or a User Permit, using the monitoring, sampling and analytical procedures as
required by Section 28.09.01, the results of all such additional monitoring shall be included
in any report or notification submitted pursuant to this Chapter.
C. The Director may require that reports, notifications, and other required documents and data
be submitted in a standardized format, as specified by the Director.
D. If the POTW, instead of a user, collects all of the information, including flow data, required
for a report required by Sections 28.08.01 or 28.08.02, the Director, in the Director’s sole
discretion, may waive the requirement that the report be submitted by the user.
E. The reports, notifications, and other documents and data required to be submitted or
maintained by this Chapter shall be subject to all of the provisions as specified by MAC R
323.2310(13).
F. Written reports, notifications, and applications will be deemed to have been submitted to
the POTW, unless otherwise specified by the Director, as follows:
1. If mailed, on the date postmarked.
2. The date of receipt of the report shall govern for reports, notifications, or
applications which are not mailed, postage prepaid, into a mail facility serviced by
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the United States Postal Service, including, but not limited to, reports, notifications,
or applications that are hand-delivered, faxed, or emailed.
3. Written reports, notifications, and applications may be submitted to the POTW by

fax or email (or by any means other than mail or hand-delivery) only with the prior
approval of the POTW on a case-by-case basis. The report or notification shall be
sent to the fax number or email address specified by the Director.
G. All written reports, notifications, and applications submitted by mail or hand-delivery shall
be sent or delivered to the address stated in the User Permit, or if there is no User Permit,
then to the following address:
City of Kalamazoo Water Reclamation Plant

1415 Harrison Street
Kalamazoo, MI 49007
Attn: Director
H. If notice by telephone or fax is required or otherwise authorized by the Director, such notice
shall be made to the telephone and/or fax numbers specified by the Director in the user’s
User Permit, as appropriate.
Required oral emergency or accidental spill or slug notifications shall not be left on
voicemail or sent by email.
I. Failure to provide the reports, notifications, and applications required by this Chapter
constitutes an independent violation of thisChapter. However, compliance with applicable
reporting and notification requirements shall not relieve a user of any expense, loss,
damage, or other liability that may be incurred as a result of damage to the POTW, fish
kills, or any other damage to person or property; nor shall such report or notification relieve
a user of any fines, penalties, or other liability that may be imposed by applicable laws or
regulations. Further, the reporting and notification requirements required by this Chapter
shall not be construed to authorize a discharge that exceeds a discharge prohibition or
limitation under this Chapter or other applicable laws or regulations.
28.08.11. Signature and Certification Requirements

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All written reports, notifications, and applications required by this Chapter shall be signed and
certified as follows:
A. Required Signatures. The reports, notifications, and applications shall be signed by an

“authorized representative” of the user as defined in Section 28.01.02 of this Chapter.
B. Required Certification. The reports, notifications, and applications shall include the
following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.”
C. Exception. If the POTW elects to perform instead of the user all or any portion of the
sampling or analysis otherwise required for a report or notification, the user will not be
required to comply with the certification requirements for the sampling and analysis (or
portion thereof) performed by the Director.
ARTICLE 9. SAMPLING, ANALYSIS AND MONITORING REQUIREMENTS
This Article provides the sampling, analysis and monitoring requirements applicable to users of
the POTW. It does not apply to Domestic Users except as may be determined appropriate in
specific cases by the Director. All users required by this Chapter (or by any permit, order, decision
or determination issued or made under this Chapter) to sample, monitor and analyze their
discharges to the POTW shall do so according to the minimum requirements provided by this
Section. Additional or more restrictive sampling, analytical or monitoring requirements may be
required for a particular user by a permit, order, decision or determination issued or made under
this Chapter.
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28.09.01. Sampling and Analytical Techniques and Procedures
All sampling, measurements, tests, and analyses of the characteristics of discharges to the POTW
shall be performed in accordance with the procedures approved by the U.S. EPA contained in 40
CFR Part 136. If, as determined by the Director, the sampling and analytical techniques contained
in 40 CFR Part 136 are not available, do not apply to the discharge or pollutants in question, are
not appropriate under the circumstances for application to the discharge or pollutants in question,
or where one or more alternate techniques are available under 40 CFR Part 136, sampling and
analysis shall be performed using validated sampling and analytical methods and procedures
approved or required by the Director.
28.09.02. Sampling Frequency
Users shall sample their discharges to the POTW at a frequency necessary to assess and assure
compliance with the requirements of this Chapter, any permit or order issued pursuant to this
Chapter, all applicable pretreatment standards and requirements, other applicable state and federal
laws and regulations, or as otherwise determined necessary by the Director consistent with the
purposes and intent of this Chapter. At a minimum, all Significant Industrial Users shall sample
their effluent two (2) times per year (once every six (6) months) or as often as provided by their
permits, whichever is more frequent, and report the results to the POTW. Each discharge point to
the POTW shall be sampled and reported individually.
28.09.03. Sample Types
Where representative samples are required to be taken for facilities for which historical sampling
data does not exist (or if otherwise requested by the Director), a user shall take a minimum of 4
grab samples for pH, temperature, cyanide, phenols (T), residual chlorine, oil and grease, sulfide,
and volatile organics (and any other parameters designated by the Director), unless a greater
number of grab samples is required in advance by the Director. For facilities for which historical
sampling data is available, or under other circumstances determined appropriate by the Director,
the Director may authorize a lower minimum number of grab samples (except that historical data
shall not be used for periodic compliance reports as required by Section 28.08.02). In all cases,
users shall take the minimum number of grab samples determined necessary by the Director to
assess and assure compliance by users with applicable pretreatment standards and requirements.
Grab samples may be required to show compliance with instantaneous minimum or instantaneous
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maximum discharge limits. For all other pollutants and sampling, 24-hour composite samples must
be obtained through flow-proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by the Director. Where time-proportional
composite sampling or grab sampling is authorized by the Director, the samples must be
representative of the discharge and the decision to allow the alternative sampling must be
documented in the Industrial User file for that facility or facilities. Using protocols (including
appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple
grab samples collected during a 24-hour period may be composited prior to the analysis as follows:
For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the
field; for volatile organics and oil & grease the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing procedures as documented
in approved EPA methodologies may be authorized by the Director, as appropriate.
28.09.04. Sampling Methods, Equipment and Location
A. General. A user shall use the sampling methods, sampling equipment, and sampling
location specified by the user’s User Permit, or, in the absence of a permit, as otherwise
required by the Director.
B. Contaminated groundwater. For discharges to the POTW from remedial actions related to
leaking underground storage tanks or other sources of contaminated groundwater, the
Director may require the following analyses or such other analyses as determined
appropriate by the Director:
(1) Samples shall be analyzed for benzene, ethylbenzene, toluene and xylene using the
latest methods approved by U.S. EPA.
(2) For total petroleum hydrocarbons, samples shall be analyzed according to the latest
methods approved by U.S. EPA.
C. The Director may require continuous monitoring for pH or other parameters.
28.09.05. Costs of Monitoring, Sampling and Analyses
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All required monitoring, taking of samples, and sample analyses, whether performed by the
Director or by a user, including, but not limited to, the costs or fees associated with inspection or
surveillance, shall be at the sole cost of the user. For users with more than one outfall, each outfall
monitored shall be charged separately.
28.09.06. Self-monitoring
A. Except as otherwise provided by this Chapter, self-monitoring shall be conducted by each

Nondomestic User to insure compliance with all applicable requirements of this Chapter
and other applicable laws and regulations.
B. A user performing its own sampling shall submit the samples for analysis to a laboratory
(which may include the user’s own laboratory) approved by the Director.
C. A user performing its own sampling or monitoring shall record and maintain for all samples
and monitoring (including any sampling and monitoring associated with Best Management
Practices) the date, exact location (which shall match sampling locations identified in the
user’s User Permit, as applicable), exact time (including start time and stop time) and type
and method of sampling or measurement, and the name(s) of person(s) taking the samples
or measurements; sampler programming information; the sample preservation techniques
or procedures used; the full chain-of-custody for each sample; the dates the analyses were
performed and completed; who performed the analyses; the analytical techniques and
methods used; the detection limits and/or quantification level used per parameter; quality
assurance/quality control (QA/QC) procedures used and QA/QC data; and the results of
the analyses.
D. If sampling performed by a user indicates a violation, the user shall notify the Director
within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis to the POTW within
thirty (30) days after becoming aware of the violation. If the POTW has performed the
sampling and analysis in lieu of the user, the POTW must perform the repeat sampling and
analysis unless the POTW notifies the user of the violation and requires the user to perform
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the repeat sampling and analysis. The user shall not be required to resample if (a) the
POTW performs sampling at the user at a frequency of at least once per month, or (b) the
POTW performs sampling at the user between the time when the user performs its initial
sampling and the time when the user or the POTW receives the results of the sampling that
indicates the violation.
E. If a user uses its own laboratory for sample analysis, the Director may require the user to
send split samples to an independent laboratory at a frequency specified by the Director as
a quality control check.
F. Users required to do monthly sampling shall submit sample results to the Director by the
fifteenth (15th) day of the following month, unless specified otherwise in the user’s User
Permit.
28.09.07. Sampling and Analyses Performed by POTW
A. The sampling and analysis required by this Chapter may be performed by the Director
instead of the user, as determined necessary by the Director for purposes of this Chapter.
The POTW shall provide the user with copies of analytical results prepared by the Director.
If the results of any sampling and analysis performed by the Director instead of the user
show that a pretreatment standard has been violated, the POTW shall provide the user with
copies of the analytical results within ten (10) days after the results are available.
B. If the POTW performs the required sampling and analysis for a user, the user shall pay a
sampling fee to the POTW to fully reimburse the POTW for the sampling, including
administrative and overhead costs. The POTW may contract with an independent firm to
perform the sampling and analysis and the user shall fully reimburse the POTW for
amounts paid by the Director to the independent firm.
28.09.08. Split Samples and Sample Results
A. If requested by the Director, the POTW shall be provided with splits of any sample taken
by a user. The user shall provide splits to the POTW at no cost to the POTW.
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B. If requested by a user prior to the collection of a sample of the user’s discharge, the POTW
shall leave a portion of the sample of the discharge taken from any sampling point on or
adjacent to the premises for the user’s independent analysis.
C. In cases of disputes arising over split samples, the portion taken and analyzed by the
Director shall be controlling unless proven invalid. The burden of proving the POTW’s
results invalid shall be on the user and at the user’s sole cost.
28.09.09. Maintenance, Repair and Calibration of Equipment
A. A user who performs self-monitoring shall contract with an independent company (unless
the requirement to use an independent company is waived in advance by the Director as
determined appropriate by the Director) to maintain, repair, and calibrate the sampling and
flow measurement equipment and instruments used to monitor the user.
B. The maintenance, repair, and calibration shall be performed as often as necessary to ensure
that monitoring data is accurate and representative (but in no event less frequently than
twice in a calendar year at reasonable intervals), consistent with the accepted capability of
the type of equipment used, and shall be at the sole cost of the user.
C. A user shall keep a complete and accurate written record of all calibrations, inspections
and maintenance done (including, without limitation, the date and time of the activity, a
description of what was done and the methods used, the names of persons conducting the
activity, and any required or recommended follow-up). The record shall also include a
description of all problems discovered regarding the equipment whether in response to a
regularly scheduled inspection or otherwise.
D. The POTW, in any event, may inspect and test a user’s sampling and flow measurement
equipment and instruments at all times.
E. In no case shall a user’s failure to keep its equipment, instruments and facilities in good
working order constitute grounds for the user to claim that sample results are not
representative of its discharge.
28.09.10. Required Sampling Structures and Devices

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A. The POTW may require any user to install suitable control structures (such as sampling
manholes or sampling vaults) and necessary measuring and sampling devices (including
automatic devices) to facilitate the observation, sampling, and measurement of the
quantity, composition, and concentrations of discharges to the POTW. The POTW may
require the user to install control structures and measuring and sampling devices at every
discharge point and/or outfall. Further, multiple separate and discrete building sewers,
control structures, and measuring and sampling devices may be required for a single user,
premises, building, facility or user, as determined necessary by the Director. The structures
and devices shall be maintained at all times in a safe, clean and proper operating condition
at the sole expense of the user.
B. There shall be ample room in or near the control structure to allow accurate monitoring,
measuring, sampling and preparation of samples for analysis, as determined necessary by
the Director. At a minimum, all sewers shall have an inspection and sampling manhole or
structure with an opening of no less than 24 inches in diameter and an internal diameter of
no less than thirty-six 36 inches containing flow measuring, recording and sampling
equipment as required by the Director to assure compliance with this Chapter.
C. Any temporary or permanent obstruction for safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the user at the verbal or written
request of the POTW and shall not be replaced. The costs of clearing such access shall be
borne solely by the user.
D. The location and complexity of the required control structure or devices may vary with
sampling requirements determined necessary by the Director to protect the POTW and to
comply with applicable laws and regulations.
E. The required sampling structures and devices shall be constructed and installed at the user’s
sole expense in accordance with plans submitted to the POTW, and in compliance with all
applicable local construction standards and specifications. Users shall submit to the POTW
plans and specifications for construction or modification of monitoring facilities at least
thirty (30) days before the proposed commencement of construction or modification. If a
user constructs or modifies monitoring facilities before POTW approval or without an
inspection during construction and the POTW determines that the monitoring facilities are
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not acceptable, then the user shall at its cost reconstruct or modify the monitoring facilities
according to the requirements of the POTW. Construction shall be completed within ninety
(90) days following written notification by the Director, or within such other shorter or
longer time period specified by the Director as required by the particular circumstances to
meet the requirements of this Chapter. The structures and devices shall be operated and
maintained by the user at the user’s sole expense so as to be safe and accessible to POTW
personnel at all times and so as to provide accurate and representative monitoring data. If
a user fails to install or maintain a required structure or device, the POTW may do so and
charge the costs to the user. No person shall use a required control structure for any purpose
other than the sampling and monitoring activities specifically approved by the Director.
F. The sampling structures and devices must be provided on the user’s premises as approved
by the Director, but the POTW may, if it determines that such a location would be
impractical or cause undue hardship to the user, allow the facility to be constructed in the
public street or sidewalk area and located so that it will not be obstructed by landscaping
or parked vehicles.
G. Samples shall be taken at a control structure approved by the Director. However, in the
absence of a suitable control structure as required by this Section, samples shall be taken
immediately downstream from pretreatment facilities if pretreatment facilities exist, or
immediately downstream from the regulated process if no pretreatment facilities exist. If
other wastewaters are mixed with a regulated process wastestream prior to pretreatment,
the user must measure the flows and concentrations necessary to allow use of the combined
wastestream formula under MAC R 323.2311(7) or other methods required by the Director
to evaluate compliance with applicable pretreatment standards and requirements.
H. No user shall change monitoring points or monitoring methods without first notifying and
receiving the approval of the Director. The Director shall not approve any change in a
user’s monitoring point or points that would allow the user to substitute dilution for
adequate treatment to achieve compliance with applicable standards.
I. A user shall allow the POTW access to all sampling and monitoring facilities as provided
by Section 28.17.01 of this Chapter.
28.09.11. Determination of Flow

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The Director may use any of the following methods to determine the amount of wastewater flow
discharged to the POTW from a user’s Premises, as determined appropriate by the Director:
(A) If the premises are metered, the amount of water supplied to the premises as shown by the
water meter;
(B) If the premises are supplied with river water or water from private wells, the Director may
estimate the amount of water supplied from such sources based on the water, gas or electric
supply to the Premises, or may require that the water flow be measured using a certified
meter approved by the Director;
(C) If the premises are used for an industrial or commercial purpose of such a nature that the
water supplied to the premises cannot be (or is not) entirely discharged to the POTW, the
Director may estimate the amount of wastewater discharged to the POTW based on the
water, gas, or electric supply to the Premises;
(D) The Director may determine the amount of wastewater discharged to the POTW based on
measurements and samples taken by the Director from a manhole installed by the owner of
the premises, at the owner’s sole expense, as required by the Director under this Chapter;
(E) The Director may require a wastewater flow meter in a manhole installed by the owner of
the premises, at the owner’s sole expense; or
(F) The Director may determine the amount of wastewater discharged to the POTW from a
premises using a combination of any of the above methods, or using any other method
determined appropriate by the Director.
ARTICLE 10. ACCIDENTAL DISCHARGES
28.10.01. General
This Article sets forth minimum requirements for Nondomestic Users (and any other users as
required by the Director) to prepare for, respond to, and report, accidental discharges to the POTW.
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Additional or more restrictive requirements may be required for particular users under a User
Permit, a slug control plan, or by other applicable laws and regulations.
A. Each Nondomestic User shall provide and continuously maintain protection from
accidental discharge of materials or other substances regulated by this Chapter as provided
by this Section. The City may refuse to accept current or proposed discharges from any
user that fails to comply with the requirements of this Section.
B. Detailed plans showing facilities and operating procedures to provide the protections
required by this Section shall be submitted to the POTW for review prior to construction
of the facilities. All existing users shall submit the required plans and information with
their permit applications or upon request of the POTW. For new sources, facilities and
operating procedures to provide the protections required by this Section shall be approved
by the Director prior to commencing discharge. No user who commences discharging to
the POTW after the effective date of this Chapter shall be permitted to introduce pollutants
into the system until accidental discharge facilities and procedures as provided by this
Section are in place and have been approved by the Director.
C. Facilities to prevent accidental discharge of regulated materials or substances shall be

provided and maintained at the user’s cost and expense. Review and approval by the
Director of plans and operating procedures shall not relieve the user from the responsibility
to modify the user’s facility as necessary to meet the requirements of this Chapter.
Compliance with the requirements of this Section shall not relieve a user of any expense,
loss, damage, or other liability that may be incurred as a result of damage to the POTW, or
for any other damage to persons or property, or for any other liability that may be imposed
under this Chapter or under other applicable laws and regulations.
D. No change shall be made in any plan or procedure approved by the Director as provided
by this Section without the prior review and approval of the POTW.
E. All users shall notify the POTW in writing within five (5) days of any change in the
information required to be provided to the POTW as set forth below in this Section
(including, without limitation, information regarding the person in charge of discharge
operations, the description of chemicals stored, used or manufactured by the user, the
description of user discharges, and the description of user premises).
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28.10.02. Designation of Person in Charge of Discharge Operations
Each Nondomestic User shall designate at least one person to be in charge of and responsible for
the user’s discharges to the POTW, including responsibility for maintaining pretreatment facilities
and operations, if any, and prevention of accidental discharges (“person in charge”). The person
so designated shall be an individual with knowledge of all toxic wastes or hazardous substances
routinely or potentially generated by the user, and of all process alterations that could, in any
manner, increase or decrease normal daily flow or waste strength to the POTW. The names of the
person (or persons) designated as provided by this Section and a phone number where the person
can be reached for 24-hour contact shall be submitted by each user to the POTW.
28.10.03. Description of Chemicals Stored, Used or Manufactured by User; User

Discharges; User Premises
Unless the Director determines that all of the following information has already been appropriately
provided to the POTW pursuant to other requirements of this Chapter, each Nondomestic User
shall:
A. Catalog all chemicals stored, used, or manufactured by the user at the user’s premises. The
list of chemicals shall include specific chemical names (not just manufacturer’s codes) and
shall be provided to the POTW.
B. Provide the POTW with a written description of the user’s discharge practices, including
an estimate of daily average flows, waste strengths, and flow types, separated according to
appropriate categories including process, cooling, sanitary, etc.
C. Provide to the POTW a detailed, scaled professionally prepared drawing of the user’s plant
building(s), including the location of pretreatment equipment, process and chemical
storage areas, waste storage areas, floor drains located near process and storage areas,
manhole or other control structures, and sewer locations at the user’s point of discharge
into the POTW.
28.10.04. Segregation of Wastewaters Requiring Pretreatment
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Nondomestic Users shall segregate wastewaters requiring pretreatment (including, without

limitation, spent concentrates, toxics, and high strength organic wastes) as necessary to prevent
pollutants from interfering with or passing through the POTW. All sludges generated by
pretreatment shall be used and disposed of only as permitted by applicable local, state and federal
laws and regulations.
28.10.05. Secondary Containment Requirements
A. Each Nondomestic User must provide and maintain at the user’s sole expense secondary
spill containment structures (including diking, curbing or other appropriate structures)
adequate to protect all floor drains from accidental spills and discharges to the POTW of
any pollutants or discharges regulated by this Chapter.
B. The containment or curbing shall be sufficient to hold not less than 150% of the total
process area tank volume and not less than 150% of liquid polluting material stored or
used, unless a lesser containment area or alternate control measures are approved in
advance by the Director.
C. The containment area shall be constructed so that no liquid polluting material can escape
from the area by gravity through the building sewers, drains, or otherwise directly or
indirectly into the POTW. All floor drains found within the containment area must be
plugged and sealed.
D. Spill troughs and sumps within process areas must discharge to appropriate pretreatment
tanks.
E. Emergency containment shall also be provided for storage tanks that may be serviced by
commercial haulers and for chemical storage areas.
F. Solid pollutants shall be located in security areas designed to prevent the loss of the
materials to the POTW.
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G. Detailed plans showing facilities and operating procedures to provide the protection
required by this Section shall be submitted to the Director for review, and shall be approved
by the Director before construction. Construction of approved containment for existing
sources shall be completed within the time period specified by the Director.
H. No new source shall be permitted to discharge to the POTW until emergency containment
facilities have been approved and constructed as required by this Section.
I. The Director may order a user to take interim measures for emergency containment as
determined necessary by the Director under the circumstances.
28.10.06. Submission of Pollution Incident Prevention Plan
A. Each user required to develop a pollution incident prevention (“PIP”) plan as provided by
Part 5 of the Michigan Water Resources Commission Rules, 1979 ACR 323.1151 et seq.,
as amended (promulgated pursuant to Part 31 of Act 451 of the Public Acts of Michigan
of 1994, MCL §§ 324.3101 et seq., as amended), shall submit a copy of that plan to the
Director.
B. The PIP Plan shall be submitted to the Director within sixty (60) days of the effective date
of this Chapter for an existing source, or thirty (30) days prior to the date of discharge for
a new source.
28.10.07. Posting of Accidental Discharge Information
All Nondomestic Users shall post a clearly legible set of instructions in the area where the user
manages wastewater so that the applicable reporting and notice requirements are made known and
are available to the user’s employees. In addition, all Nondomestic Users shall instruct their
employees on the applicable reporting and notice requirements of this Section.
28.10.08. Notice of Accidental Discharge
A. In the case of an accidental discharge, a user shall immediately notify the POTW of the
incident by telephone.
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B. The notification shall include the name of the person placing the call, the name of the user,
and all available information regarding the location of the discharge, its volume, duration,
constituents, loading and concentrations, corrective actions taken and required, and other
available information as necessary to determine what impact the discharge may have on
the POTW.
C. A detailed written report providing the same and any additional available information
(including specifying the measures that will be taken by the user to prevent similar future
discharges) shall also be provided by the user to the Director within five (5) days of the
incident.
D. Providing notice of an accidental discharge shall not relieve a user of any expense, loss,
damage, or other liability which may be incurred as a result of damage to the POTW, fish
kills, or any other damage to person or property; nor shall such notice relieve a user of any
fines, civil penalties, or other liability which may be imposed by this Chapter or other
applicable law.
28.10.09. Slug Control Plan
A. Each Significant Industrial User shall prepare and implement an individualized slug control
plan to address notification, slug and/or spill prevention, containment, spill cleanup, and
employee training. Existing Significant Industrial Users shall submit a slug control plan to
the Director for approval within 90 days of the effective date of this Chapter. New sources
that are Significant Industrial Users shall submit a slug control plan to the Director for
approval before beginning to discharge. Upon written notice from the Director,
Nondomestic Users that are not Significant Industrial Users may also be required to prepare
and implement a slug control plan, and the plan shall be submitted to the Director for
approval as specified in the notice.
B. Slug control plans must also be submitted for review and approval by the Director:
(1) As part of a User Permit application and before the permit is issued; and an updated
plan may be required in connection with any permit modification or reissuance; and
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(2) The Director may also require a new or updated plan before constructing any new
facilities.
C. Approval of a slug control plan shall not relieve a user from complying with laws and
regulations governing handling of hazardous substances.
D. All slug control plans shall contain at least the following elements:
(1) A description of discharge practices, including non-routine batch discharges;
(2) A description of stored chemicals, raw materials, and waste;
(3) The procedures for immediately notifying the POTW of slug discharges, including
any discharge that would violate any discharge prohibition, limitation or
requirement under this Chapter, and procedures for follow-up written notification
within five (5) days of the discharge;
(4) The procedures to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site run-off, worker training,
building of containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and measures and equipment for emergency
response.
(5) A description of any Best Management Practices required by a pretreatment

standard or requirement, a User Permit, or other applicable laws and regulations.
E. If a user has submitted to the Director plans or documents pursuant to other requirements
of local, state or federal laws and regulations which meet all applicable requirements of
this Section 28.10.09, the Director, in the Director’s sole discretion, may determine that
the user has satisfied the slug control plan submission requirements of this Section.
F. Whether or not a user has an approved slug control plan in place, the user shall notify the
POTW immediately of (1) any slug discharges from the user’s premises and/or (2) any
changes at the user’s facility affecting the potential for a slug discharge from the user’s
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premises. The notice shall be provided to the POTW as required for accidental discharges
as required by Section 28.10.08 (immediate notice by telephone followed by a written
report).
ARTICLE 11. UPSET AND ADDITIONAL AFFIRMATIVE DEFENSES
28.11.01. Upset
An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if all of the requirements of Section 28.11.01(A), below, are
met. However, in the event of an upset, the user may still be liable for surcharges for exceeding
applicable discharge limitations as provided by this Chapter. In any enforcement proceeding, the
user seeking to establish the occurrence of an upset shall have the burden of proof.
A. Conditions Necessary to Demonstrate Upset. A user seeking to establish the affirmative

defense of upset must demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence, all of the following:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner
and in compliance with applicable operation and maintenance procedures;
(3) The user has submitted the following information to the POTW within twenty-four
(24) hours of becoming aware of the upset (if this information is provided orally, a
written submission containing the same information must be provided within five
(5) days of becoming aware of the upset):
(a) A description of the discharge and cause of non-compliance;
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(b) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the non-compliance is expected to continue;
and
(c) The steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
B. User Responsibility in Case of Upset. The user shall control production or all discharges
to the extent necessary to maintain compliance with categorical pretreatment standards and
other applicable limits upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided. This requirement
applies in the situation where, among other things, the primary source of power of the
treatment facility is reduced, lost, or fails.
28.11.02. Additional Affirmative Defenses
A user shall have an affirmative defense in any action brought against it alleging a violation of the
general prohibitions under Section 28.06.01(A) and specific prohibitions under Sections
28.06.01(B)(4), (5), (6) or (7) if the user can demonstrate that all of the conditions necessary to
establish the defense under MAC R 323.2303(3)(a) and (b) are met. However, even if the
affirmative defense is established, the user may still be liable for surcharges for exceeding
applicable discharge limitations as provided by this Chapter. In any enforcement proceeding, the
user seeking to establish the affirmative defenses provided by MAC R 323.2303(3) shall have the
burden of proof.
ARTICLE 12. BYPASS
28.12.01. Bypass Not Violating Applicable Pretreatment Standards or Requirements
A Nondomestic User may allow any bypass to occur that does not cause pretreatment standards or
requirements to be violated, but only if the bypass is for essential maintenance to assure efficient
operation. A bypass that meets the requirements of the preceding sentence of this Section is not
subject to the provisions in Sections 28.12.02, 28.12.03, and 28.12.04. However, nothing in this
Section shall be construed to authorize a discharge that exceeds a discharge prohibition or
limitation under this Chapter or other applicable laws or regulations; nor to relieve a user for any
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expense, loss, damage, or liability that may be incurred as a result of the bypass, such as damage
to the POTW, fish kills, or any other damage to person or property; nor to relieve the user of any
fines, penalties or other liability that may be imposed by applicable laws or regulations as a result
of the bypass.
28.12.02. Bypass Prohibited
Except as provided by Section 28.12.01, the bypass of industrial wastes from any portion of a
user’s facility is prohibited, and shall be subject to enforcement action, unless all of the following
apply:
A. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
B. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated waste, or maintenance during normal periods of equipment
downtime. (This condition is not satisfied if adequate backup equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass that
occurred during normal periods of equipment downtime or preventative maintenance.)
C. The user submitted the notices as required under Section 28.12.03.
28.12.03. Required Notices
A. Anticipated bypass. If a user knows in advance of the need for a bypass, it must submit
prior notice of the bypass to the POTW. Such notice shall be submitted to the POTW as
soon as the user becomes aware of the need for the bypass, and if possible, at least ten (10)
days before the date of the bypass.
B. Unanticipated bypass. A user shall submit oral notice of an unanticipated bypass that
exceeds applicable pretreatment standards to the POTW within twenty-four (24) hours
from the time the user becomes aware of the bypass. A written submission shall also be
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provided within five (5) days of the time the user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause; the duration of the
bypass, including exact dates and times, and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the bypass. The Director may waive the written report on a
case-by-case basis if the oral report has been received within twenty-four (24) hours.
28.12.04. POTW Approved Bypass
The Director may approve an anticipated bypass after considering its adverse effects, if the
Director determines that it meets the conditions set forth in Sections 28.12.02(A), 28.12.02(B) and
28.12.02(C). It shall be a violation of this Chapter for a user to allow an anticipated bypass to occur
without the prior approval of the Director.
ARTICLE 13. CONFIDENTIAL INFORMATION
28.13.01. Confidential Information
The following provisions shall apply regarding the treatment by the POTW of confidential
information submitted to or obtained by the POTW in the administration of this Article:
A. Except as otherwise expressly provided by this Article, all information and data regarding
a user’s discharges obtained from reports, questionnaires, permit applications, permits,
monitoring activities, and from inspections is subject to disclosure to the public and other
governmental agencies pursuant to the Michigan Freedom of Information Act (MCL
15.231, et seq.; Act No. 442 of the Public Acts of 1976, as amended).
B. Information submitted to the Director in the administration of this Article may be claimed
by the user as confidential and not subject to public disclosure, only if all of the following
requirements and conditions are met:
(1) The information sought to be kept confidential qualifies as a protected trade secret
or commercial or financial information as determined by the appropriate public
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official or is otherwise exempt from public disclosure under Act No. 442 of the
Public Acts of 1976, as amended, (MCL 15.231 et seq. (the Michigan Freedom of
Information Act).
(2) The user specifically requests at the time that the information is submitted that the
release of the information would divulge information, processes, or methods of
production entitled to protection as trade secrets or commercial or financial
information of the user.
(3) The information submitted by a user for which confidentiality is requested shall be
clearly marked using the words the words “confidential business information” on
each page as to the portion or portions considered by the user to be entitled to
protection as trade secrets or commercial or financial information of the user; and
shall be accompanied by a written explanation of why the user considers the
information to be confidential or why the release of the information would divulge
information entitled to protection as trade secrets or commercial or financial
information.
C. If information is determined to be protected as a confidential and not subject to public

disclosure as provided by this Article, the information shall be treated as provided by this
Article and applicable state and federal laws and regulations governing confidentiality of
information submitted by users to the POTW; provided, however, that all such information
shall nevertheless be made available upon written request to governmental agencies for
uses related to matters regulated by this Article and shall be made available for use by the
State, any State agency, or the POTW in judicial review or enforcement proceedings that
involve the user that submitted the information.
D. Claims of confidentiality for the following information shall be denied and shall be subject
to public disclosure as provided by this Article: Information furnished to the POTW on the
volume or characteristics of wastewater or pollutants discharged or proposed to be
discharged by a user into the POTW. This shall include, but shall not be limited to, all
information submitted on User Permit applications; information associated with user
monitoring or sampling results; information in required user reports and notifications; and
information regarding flow measurements and other production data used to determine
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compliance with mass-based limits or to calculate or apply a combined waste stream

formula.
E. Observations made by POTW inspectors shall be subject to the confidentiality provisions

of this Section as if they were in writing if the user specifies to the Director in writing for
which particular observations made by the inspector the user seeks confidentiality and
demonstrates to the Director’s satisfaction that the information associated with the
observations meets the requirements and conditions to be exempt from public disclosure
as provided by Section 28.13.01(B).
F. All confidential information and/or data with respect to a particular user that is on file with
the POTW shall be made available upon written request by that user or its authorized
representative during regular business hours.
G. If information initially determined to be confidential as provided by this Article is

subsequently determined by the Director or any other governmental agency to be non-
confidential, such information shall thereafter be subject to public disclosure consistent
with applicable law and regulations.
ARTICLE 14. RECORDS RETENTION
28.14.01. Maintenance of Records
All users shall retain and preserve records, including, without limitation, all books, documents,
memoranda, reports, correspondence and similar materials, related to matters regulated by this
Chapter as provided by the minimum requirements of this Article or as provided by a permit or
order issued pursuant to this Chapter.
A. Discharge Records. A Nondomestic User shall retain, preserve, and make available to the
POTW for inspection and copying, for the period specified in Section 28.14.01(C) all
records related to matters regulated by this Chapter, including, without limitation, all
documents, memoranda, correspondence and similar materials; copies of all required
reports, notifications, and applications; all calibration and maintenance records and all
original strip chart recordings for continuous monitoring instrumentation; copies of results
of all sampling, monitoring, measurements and analyses; all documentation associated with
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Best Management Practices; and records of all data used to complete the application for a
permit. Any Nondomestic User subject to the sampling, monitoring, analysis, or reporting
requirements of this Chapter shall maintain copies of all records and information pertaining
to those requirements or resulting from any monitoring activities (whether or not such
monitoring activities are required by this Chapter). For all samples, the records shall
include, at a minimum, the information required to be recorded by Section 28.09.06 of this
Chapter.
B. Hazardous or Solid Waste. A Nondomestic User shall retain and preserve all records
regarding its generation, treatment, storage, or disposal of hazardous waste or solid waste
for the period specified in Section 28.14.01(C), and shall make them available to the POTW
for inspection and copying, subject to the provisions in this Chapter regarding confidential
information. (As used in this Section, the terms “hazardous waste” and “solid waste” shall
have the same definition as provided in the state hazardous waste management act, Part
111 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as
amended, and the rules promulgated under that act.)
C. Retention Period. Users subject to the reporting requirements of this Chapter (or of any
permit or order issued pursuant to this Chapter) shall retain the records specified in Sections
28.14.01(A) and 28.14.01(B) for a period of at least three (3) years from (a) the date the
record was created or (b) the date the record was first used or relied upon by the user,
whichever is later. The three (3) year retention period shall be extended during any
administrative or judicial action, enforcement proceeding or litigation regarding matters
regulated by this Chapter (or regarding discharges of the POTW under its NPDES permit),
until all such actions, proceedings, or activities have concluded and all periods of limitation
with respect to any and all appeals have expired. The three (3) year retention period may
also be extended at any time at the request of the POTW, EGLE, or the U.S. EPA. The
POTW shall retain all records, notices and other information regarding discharges to the
POTW submitted to it by Nondomestic Users of the POTW for a period of not less than
three (3) years.
ARTICLE 15. MANAGEMENT, SUPERVISION, AND CONTROL OF THE POTW
28.15.01. Management, Supervision, and Control of POTW
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The POTW shall be under the management, supervision, and control of the City Commission. The
City Commission may employ or designate such persons in such capacities as the City
Commission deems necessary and advisable to ensure the efficient and effective operation,
maintenance, alteration, repair and management of the POTW, to comply with the POTW’s
NPDES permit, and to discharge its financial obligations. The City Commission has the exclusive
right to establish, maintain, and collect rates and charges for use of the POTW.
28.15.02. Powers of Director
The Director, subject to the approval of the City Commission, shall have the authority (either
directly, through, or in conjunction with other authorized representatives of the City) to take the
following actions:
A. Supervise the implementation of this Chapter.
B. Review plans submitted by users for pretreatment equipment.
C. Make inspections and tests of existing and newly installed, constructed, reconstructed, or
altered sampling, metering, or pretreatment equipment to determine compliance with the
provisions of this Chapter.
D. Verify the completeness, accuracy and representativeness of self-monitoring data

submitted and/or maintained by users.
E. Determine and assess IPP fees and surcharges as provided by this Chapter.
F. Investigate complaints of violations of this Chapter, make inspections and observations of

discharges, and maintain a record of the investigations, complaints, inspections and
observations.
G. Issue orders and notices of violation and take other actions as necessary to require
compliance with this Chapter.
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H. Develop and implement a Control Authority Enforcement Response (CAER) Plan as

required by 40 CFR 403.8(f)(5). The CAER Plan shall provide a non-binding guideline of
the procedures available to the POTW to investigate and respond to instances of
noncompliance by users. The CAER Plan and any associated regulations developed by the
Director shall become effective upon approval by resolution of the City Commission.
I. In conjunction with the City’s legal counsel, institute necessary civil or criminal judicial
legal actions and proceedings in a court of competent jurisdiction against all users violating
this Chapter to prosecute violations of this Chapter, to compel the abatement or prevention
of violations, to compel compliance with this Chapter and any order, determination, permit
or agreement issued or entered into under this Chapter, and to pursue any other necessary
or advisable legal and/or equitable judicial relief or remedies with respect to violations of
this Chapter.
J. In conjunction with the City’s legal counsel, commence a municipal civil infraction action
against any user violating this Chapter, and issue municipal civil infraction citations and
municipal civil infraction violation notices for violations of this Chapter.
K. Establish laws, rules, regulations, and procedures as determined necessary and advisable
by the Director to undertake the activities as provided by this Section, to assure the efficient
management and operation of the POTW, to provide equitable charges for POTW services,
and to otherwise meet the purposes and objectives of this Chapter.
L. Perform any other actions authorized by this Chapter, or as necessary or advisable for the
supervision, management, and operation of the POTW and the enforcement of this Chapter
and other applicable laws and regulations.
ARTICLE 16. USER POLLUTION CONTROLS
28.16.01. Provision by Users of Necessary Pretreatment Facilities
Users shall provide necessary wastewater treatment as required to comply with all applicable
pretreatment standards and requirements within the time limitations specified by applicable law or
regulation, and as required to comply with the requirements of a User Permit or order issued
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pursuant to this Chapter. All facilities required to pretreat discharges shall be provided, operated,
and maintained at the user’s sole expense. Detailed, professionally signed and sealed plans
showing the pretreatment facilities, specifications, and operating procedures shall be submitted to
the POTW for review and approval prior to construction. The POTW may approve, approve with
conditions, or disapprove the plans, specifications and operating procedures. A user shall not begin
discharging from the treatment facilities until facilities have been approved and all conditions and
requirements of the approval have been met as determined by the Director. The review and
approval by the Director of such plans and operating procedures does not in any way relieve the
user from the responsibility of modifying the facility as necessary to produce an effluent acceptable
to the POTW under the provisions of this Chapter. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be approved by the Director prior to the
user’s initiation of the changes. (Users shall notify the POTW regarding the installation of new
pretreatment facilities or modification of existing facilities as provided by Section 28.08.07 of this
Chapter.)
28.16.02. Proper Operation and Maintenance
A user shall at all times properly operate and continuously maintain, at the user’s sole expense, all
facilities and systems of treatment and control (and related appurtenances) that are installed or
used by the user to comply with the requirements of this Chapter. Proper operation and
maintenance includes, without limitation, effective performance, adequate funding (including
replacement costs), adequate operator staffing, and adequate quality assurance/quality control
(QA/QC) procedures for sampling and analysis, so as to provide adequate wastewater collection
and treatment on a continuing basis, to conform with all local, state and federal laws and
regulations, and to assure optimum long-term management of the facilities and system.
28.16.03. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control
of wastewaters shall be disposed of in accordance with Section 405 of the Clean Water Act and
Subtitles C and D of the Resource Conservation and Recovery Act, and other applicable local,
state, and federal laws and regulations.
28.16.04. Duty to Halt or Reduce Activity
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Upon reduction of efficiency of operation, or loss, or failure of all or part of a user’s pretreatment
equipment or facility, the user shall, to the extent necessary to maintain compliance with
categorical pretreatment standards and other applicable standards, requirements, and limits, control
its production and all discharges until operation of the equipment or facility is restored or an
alternative method of treatment is provided. This requirement applies in situations, including,
without limitation, where the primary source of power for the pretreatment equipment or facility
is reduced, lost, or fails. It shall not be a defense for a user in an enforcement action that it would
have been necessary to halt or reduce the permitted activity in order to maintain compliance with
the conditions of this Chapter.
28.16.05. Duty to Mitigate
A user shall take all reasonable steps to minimize or correct any adverse impact to the POTW or
the environment resulting from noncompliance with this Chapter, including such accelerated or
additional monitoring as necessary to determine the nature and impact of the noncomplying
discharge.
28.16.06. Duty to Pretreat Prior to Discharge to POTW
Except as otherwise expressly required by this Chapter, by a User Permit, by an order or other
determination of the Director, or by other applicable law or regulation, the prohibitions and
limitations provided by this Chapter or a User Permit shall apply at the point where wastewater
and pollutants are discharged or caused to be discharged into the POTW and any required
pretreatment shall, at a minimum, be completed before that point of discharge is reached.
28.16.07 Implementation of Best Management Practices or Best Management Practices

Plan
A. The Director may require any user to develop and implement Best Management Practices
to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other
substances from the user’s premises to the POTW, as determined necessary by the Director.
B. In addition, the Director may require a user to develop and submit a Best Management
Practices Plan (“BMPP”), including an enforceable implementation schedule, for review
and approval by the Director. The BMPP shall be submitted within 30 days after
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notification by the Director or as otherwise required by a User Permit. The BMPP shall be
directed at preventing the entrance of pollutants, directly or indirectly, into the POTW. The
BMPP shall be available for inspection at all times at the user’s premises. At a minimum,
a user’s BMPP shall contain all of the following elements, as determined necessary by the
Director, at a level of detail and in units and terms as determined necessary by the Director
to adequately evaluate the plan:
1. A statement of the purpose and objectives of the plan.
2. A description of the strategies, methods, policies and procedures to prevent,

minimize or reduce the introduction of pollutants into the user’s discharge and to
minimize waste generation.
3. A description of the options available to the user to control accidental spillage, leaks
and drainage.
4. A description of best available or practicable control technologies available for the

user’s specific circumstances.
5. A detailed facility layout and site diagram showing points of entry into the POTW.
6. A description of the waste handling, treatment and discharge disposal facilities,

including flow diagrams and process schematics.
7. A description of operating and maintenance processes and procedures.
8. Inventory of raw materials and a list of waste sources, including a list of all
chemicals used or stored at the facility.
9. A description of employee training programs, policies and procedures; continuing

education programs; and participation.
10. A description of documentation, including record keeping and forms.
11. A description of monitoring activities.

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12. Information log of facility personnel, organization chart, emergency phone

numbers, contact persons and maintenance or service representatives.
13. Certification by a qualified professional that the plan is adequate to prevent spills,
leaks, slug loads, or non-customary discharges of regulated substances, directly or
indirectly, to the POTW.
14. Such other information, documents or diagrams as required by the Director,

including, but not limited to, any of the information required under Section
28.07.04 of this Chapter.
C. The BMPs or BMPP required of a user or approved for a user shall be incorporated in a
User Permit issued to the user. If the user already has a User Permit, the existing permit
may be modified to incorporate the BMP requirements. If the user does not currently have
a User Permit, a permit shall be issued for that purpose.
D. The Director may require revisions to users BMPP if the Director determines that the plan
contains elements that are inadequate, or as otherwise determined necessary by the Director
to ensure compliance with applicable requirements of this Chapter. Review of a BMPP by
the Director shall not relieve the user from the responsibility to modify its facility as
necessary to comply with local, state and federal laws and regulations.
28.16.08. FOG Interceptors; Alternate FOG Pretreatment Technology; Sand Traps.
A. General Requirements Applicable To All FOG Interceptors; Alternate FOG Pretreatment

Technology; and Sand Traps.
1. Any user required to install a FOG interceptor, an Alternate FOG Pretreatment

Technology (“AFPT”), or a sand trap to prevent the discharge of fats, oils, grease,
sand, or other materials to the POTW shall comply with the minimum requirements
as provided by this Section, or the Plumbing Code, whichever requirements are
most restrictive, or as otherwise specified by the Director.
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2. Interceptors, AFPTs, and traps that are required by this Section shall be provided,
cleaned, maintained in proper operating condition, and kept in continuously
efficient operation at all times, at the sole expense of the owner of the premises.
3. All interceptors, AFPTs, and traps shall be of a design, type, construction, and
capacity approved in advance by the Director.
4. The installation of all interceptors, AFPTs, and traps shall be subject to the
Director’s prior review and written approval.
5. All interceptors, AFPTs, and traps shall be located so as to be readily and easily
accessible for maintenance, cleaning and inspection.
6. All users required to install and maintain an interceptor, AFPT, or trap shall develop
and carry out a system of maintenance and cleaning for the interceptor, AFPT, or
trap, and shall keep accurate, detailed written records of the following:
(a) The maintenance and cleaning schedule;
(b) The names of the persons who maintained and cleaned the interceptor,
AFPT, or trap, and the dates that the interceptor, AFPT, or trap was
maintained and cleaned; and
(c) The method of cleaning and disposal location for removed materials for
each maintenance and/or cleaning.
7. At a minimum, all interceptors, AFPTs, and traps shall be inspected, cleaned and
maintained according to the manufacturer’s specifications or as otherwise provided
by this Section, whichever requirements are more stringent, at the property owner’s
expense.
8. All written records and documentation required to be kept by this Section with
regard to interceptors, AFPTs, and traps shall be kept by the user on the premises
for at least 3 years and shall be available for review by the Director during all
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operating hours. The user shall provide copies of required records to the Director
upon the Director’s request at the user’s sole cost.
9. Any problems with or damage to an interceptor, AFPT, or trap shall be reported

immediately to the property owner and to the Director.
10. Any problems with or damage to an interceptor, AFPT, or trap shall be rectified
and/or repaired immediately by the property owner at the owner’s sole cost.
11. Interceptor, AFPT, or trap clean-out material, including, but not limited to,
accumulated fats, oils, grease, and sand, shall not be discharged into the POTW.
12. Bacteriological, chemical, or enzymatic products shall not be used to maintain or

clean interceptors, AFPTs, or traps.
13. The Director may require sampling and testing of the effluent from an interceptor,
trap, or AFPT to verify that the effluent complies with applicable pretreatment
standards and requirements. The sampling and testing shall be conducted using the
protocols and on a frequency as specified by the Director.
B. Requirements For FOG Interceptors and AFPTs.
A FOG interceptor or AFPT shall be required for all food service establishments (FSEs),
and may also be required for any other user, premises, or establishment determined by the
Director to have a reasonable potential to adversely affect the POTW due to discharges of
FOG.
1. Outdoor FOG Interceptors.
a. Outdoor FOG Interceptors Required. All FSEs shall install, operate, and
maintain an outdoor FOG interceptor of a type, design, construction, and
size approved in advance by the Director; provided that if the Director
determines that installation of an outdoor FOG interceptor would not be
economically and/or technically feasible due to existing circumstances
unique to the premises in question, the Director may instead allow the
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installation of Alternate FOG Pretreatment Technology as provided by

Section 28.16.08(B)(2). In all cases, the user shall bear the burden of
demonstrating to the Director, at the user’s sole cost, that the installation of
an outdoor FOG interceptor is not feasible and that an alternate FOG
pretreatment technology should instead be allowed.
b. Compliance Schedule.
Existing FSEs/Users: Any FSE discharging into the POTW as of the

effective date of this Chapter (and any other existing user determined by the
Director to have a reasonable potential to adversely affect the POTW due
to discharges of FOG) shall, upon notification from the Director, submit
plans for an outdoor FOG interceptor for approval by the Director, and shall
install and begin operation of the interceptor, in compliance with the
schedule specified by the Director.
New FSEs/Users: Any FSE that proposes to commence discharging into the
POTW after the effective date of this Chapter (and any other new user
determined by the Director to have a reasonable potential to adversely affect
the POTW due to discharges of FOG) shall submit plans for an outdoor
FOG interceptor to the Director for the Director’s approval, and shall install
and begin operation of the interceptor in compliance with the schedule
specified by the Director. In all cases, the interceptor plans must be
approved by the Director prior to submitting plans to the City for a building
permit; and the City shall not issue a building permit for the premises until
the POTW has approved the proposed interceptor plans. Further, the City
shall not issue a certificate of occupancy for the premises until the
interceptor has been installed and deemed acceptable by the Director.
c. Minimum Design and Installation Requirements For Outdoor FOG

Interceptors. Outdoor FOG interceptors shall comply with all of the
following minimum design and installation requirements:
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(i) The interceptor shall provide a minimum capacity of 1500 gallons,

unless the Director determines that a smaller minimum capacity is
adequate for the premises.
(ii) The interceptor shall have a minimum of two compartments with

fittings designed for FOG retention.
(iii) The interceptor shall be constructed of impervious materials capable

of withstanding abrupt and extreme changes in temperature.
(iv) The interceptor shall be installed at a location, subject to the prior

approval of the Director, where it can be easily accessible for
inspection, cleaning, and removal of intercepted FOG, but shall not
be located in any part of a building where food is handled.
(v) Access manholes, with a minimum diameter of 24 inches, shall be

provided over each outdoor FOG interceptor chamber and sanitary
tee. The access manholes shall extend at least to finished grade, and
be designed and maintained to prevent water inflow or infiltration.
The manholes shall also have readily removable covers to facilitate
inspection, FOG removal, and sampling which, when bolted into
place, shall be gastight and watertight.
d. Minimum Inspection, Maintenance, and Cleaning Requirements for

Outdoor FOG Interceptors. Outdoor FOG interceptors shall comply with all
of the following minimum maintenance, cleaning, and inspection
requirements:
(i) At a minimum, an outdoor FOG interceptor shall be inspected

monthly by the property owner, or more often if dictated by site-
specific conditions or if required more frequently by the Director.
(ii) Pump-out of all accumulated FOG, water, and sludge shall occur
quarterly at a minimum, or more often if the combined height of
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floatables and settled solids (including both the top and bottom
layers of solids) exceed 25% of any interceptor compartment
operating depth; if there is a visible discharge of FOG; or if required
more frequently by the Director. The operating depth of a trap shall
be determined by measuring the internal depth from the outlet water
elevation to the bottom of the trap.
(iii) Each pump-out of the interceptor shall be complete and remove all
contents, including removal of the entire grease mat, liquids,
sludges, and solids from screens, baffles, air-relief chambers, and
wash down of interior walls. The interceptor shall be refilled with
clear water before being returned to service.
(iv) The interceptor shall be kept free of inorganic solid materials such
as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels,
rags, etc., which could reduce the effective volume for FOG and
sludge accumulation.
(v) Water removed during pump-out shall not be returned to the

interceptor, and accumulated FOG and sludge shall not be re-
introduced into any drainage piping leading to the public sewer.
(vi) Sanitary wastes shall not be discharged to sewer lines serviced by

an outdoor FOG interceptor without specific prior approval by the
Director.
(vii) The pump-out operation and disposal of the accumulated FOG,

water, and sludge shall be done only by a licensed contractor and
shall be witnessed by the property owner or operator. The Director
shall be notified prior to any scheduled pump-out so that the
operation can be witnessed if desired.
2. Alternate FOG Pretreatment Technology.
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If the Director determines that installation of an outdoor FOG interceptor is not

required as provided by Section 28.16.08(B)(1)(a), then the Director may instead
authorize the installation of an Alternate FOG Pretreatment Technology (“AFPT”)
approved by the Director as provided by this Section.
The design, type, construction, capacity, installation, operation, and maintenance

requirements for an AFPT for a user’s proposed or existing discharge shall be as
determined by the Director based on nature of the discharge and the unique
circumstances applicable to the premises in question.
a. Indoor Grease Traps. If the AFPT approved by the Director is an indoor

grease trap, the following requirements shall apply:
(i) Indoor grease traps shall be installed in all waste lines from sinks,
drains, and other fixtures or equipment where grease may be
discharged to the POTW; provided that no food waste disposal unit,
dishwasher, wastewater or other liquid in excess of 140 degrees
Fahrenheit (60 degrees Centigrade) shall be discharged into an
indoor grease trap. Further, no acidic or caustic cleaners shall be
discharged into an indoor grease trap.
(ii) Traps shall never be operated without the flow restrictor supplied by
the unit’s manufacturer.
(iii) Sizing and installation of the indoor grease traps shall be subject to
the POTW’s prior review and written approval.
(iv) Traps shall be inspected and cleaned at least once per week, or more
often if dictated by site-specific conditions, as needed to be
maintained in fully functional and efficient operation, or as
otherwise specifically required by the Director.
(v) FSEs with indoor grease traps shall employ kitchen Best
Management Practices (BMPs) for pre-cleaning of plates, pots,
pans, and similar methods to minimize grease loadings to the
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drainage system. Kitchen BMPs for FSEs shall include, without

limitation, dry wiping of pots and pans prior to washing, use of
absorbents on grease spills prior to mopping, posting of “No
Grease” signage on all sinks and drains not connected to an
interceptor or trap, training of personnel on BMPs, and other
practices as determined appropriate by the Director.
b. Other AFPT. If the proposed AFPT is a technology other than indoor grease
traps, the FSE shall submit design plans, installation details, and operation
and maintenance procedures to the Director for prior review and written
approval.
C. Sand and FOG Interceptors and Traps.
Sand and FOG interceptors and traps may be required by the Director in any premises
where the Director has determined that there is a reasonable potential for sand, fats, oil,
grease, flammable wastes, or other harmful ingredients to enter the premise’s discharges.
If a plug or backup occurs that is caused by any such substance, the Director may require
that premises to install an interceptor or trap as determined appropriate by the Director.
Interceptors and traps shall be required for all premises engaged in the washing of motor
vehicles.
D. Failure to comply.
1. The City shall have the right to enter and inspect any premises where an interceptor,
AFPT, or trap is required to be installed for purposes of determining compliance
with the requirements of this Section and as otherwise provided by Section 28.17.01
of this Chapter.
2. If a user fails to provide or maintain a required interceptor/AFPT, the City may do

so (or cause the same to be done) and charge all of the costs to the user.
3. The failure of any premises where an interceptor/AFPT is required to comply with

this Section may subject the violator to enforcement action and the remedies that
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are available by law and the terms of this Chapter, including, but not limited to,
termination of the discharges from the premises to the POTW.
E. Permits.
The Director may issue and/or require a User Permit for any user discharging FOG or sand
to the POTW; provided that the provisions of this Section 28.16.08 shall apply whether or
not a User Permit is issued. User Permits may include requirements that are more stringent
than, or in addition to, the requirements specified by this Section, as determined appropriate
by the Director.
28.16.09. Dental Amalgam; Amalgam Separators
A. Definitions.
For purposes of this Section 28.16.09 only, the following definitions shall apply.
“Amalgam separator” means a device designed to remove dental amalgam waste particles from
dental office wastewater.
“Code” means the Michigan Public Health Code, 1978 PA 368, MCL 333.1101 to 333.25211.
Terms defined in the Code have the same meanings when used in this Section 28.16.09.
“Dental amalgam” means a mixture of mercury and other metals used as a dental restorative
material.
“Dental amalgam waste” means waste from a dental office containing any of the following: (1)
Contact amalgam waste, which means dental amalgam that has been in contact with the patient
including, but not limited to, extracted teeth with dental amalgam restorations; carving scrap
collected at chair-side; and dental amalgam captured by chair-side traps, vacuum pump filters,
amalgam separators, or other dental amalgam capture devices. (2) Non-contact amalgam scrap,
which means dental amalgam that has not been in contact with the patient including, but not limited
to, excess dental amalgam mix remaining at the end of a dental procedure. (3) Empty amalgam
capsules, which means individually dosed containers left over after mixing precapsulated dental
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amalgam. (4) Dental amalgam that may have accumulated in the plumbing system or that is found
in other areas of a dental office.
“Dental Discharger.” For purposes of compliance with Section 27.16.09(G) only, “Dental
Discharger” means a facility where the practice of dentistry is performed, including, but not limited
to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and
operated by federal, state or local governments, that discharges wastewater the POTW.
“Dentist” means an individual licensed under Section 16611 of the Code who uses or removes
dental amalgam or who owns or operates a dental office that generates dental amalgam waste.
”Department” means the Michigan Department of Licensing and Regulatory Affairs.
“Discharge” means the release of any dental amalgam waste into the environment. This includes
any releases to land, ground or surface waters, septic systems, or wastewater treatment systems.
“Holding tank” means a closed, watertight, sealed structure designed and used to receive and store
wastewater. Holding tanks are designed and constructed for ultimate disposal of collected
wastewater at another site.
B. Amalgam Separator; Installation and Operation; Requirements.
1. On or before December 31, 2013, a dentist shall install, or shall have installed, an amalgam
separator on each wastewater drain in his or her dental office that is used to discharge dental
amalgam waste. In addition to meeting the requirements of the Code and this Section
28.16.09, a dentist who is required to install an amalgam separator shall comply with all of
the following:
a. Install an amalgam separator that meets the requirements of Section 28.16.09(C).
b. Install, operate, and maintain the amalgam separator according to the

manufacturer’s instructions.
c. Ensure the installed amalgam separator is properly sized to accommodate

maximum dental amalgam wastewater flow rates at the dental office. The
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maximum allowable flow rate through an amalgam separator at a dental office shall
not exceed the maximum flow rate capacity at which the amalgam separator was
tested under Section 28.16.09(C)(1)(a).
d. Ensure that all wastewater from the dental office containing dental amalgam waste
passes through an installed and properly functioning and maintained amalgam
separator before being discharged.
2. Section 28.16.09(B)(1) shall not apply to any of the following: oral and maxillofacial
surgeons; oral and maxillofacial radiologists; oral pathologists; orthodontists;
periodontists; dentists while providing services in a dental school, in a hospital, or through
a local health department; and dentists who install and use a holding tank and do not
discharge amalgam waste.
C. Amalgam separator; Requirements.
1. An amalgam separator that is installed in a dental office under Section 28.16.09(B) shall
meet all of the following requirements:
a. Be certified as passing the International Organization for Standardization (ISO)

11143:2008 standard for evaluating amalgam separators.
b. Have a removal efficiency of not less than 95% as determined by the testing
required under Section 28.16.09(C)(1)(a), based on the overall average of the 3
empty and the 3 simulated full test results.
c. Be tested and certified by any of the following: (i) SP technical research institute
of Sweden; (ii) Tuv nord, Germany; (iii) NSF international; or (iv) both of the
following: a testing laboratory accredited by an accreditation body that is a
signatory to the international laboratory accreditation cooperation’s mutual
recognition arrangement and has a scope of accreditation that includes ISO 11143;
and a certification body accredited by an accreditation body that is a signatory to
the international accreditation forum’s multilateral recognition arrangement and
has a scope of accreditation that includes ISO 11143.
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2. Any amalgam separator that meets the requirements of Section 28.16.09(C)(1) shall qualify
as an amalgam separator approved by the Michigan Board of Dentistry.
D. Collection, disposal, and recycling of dental amalgam waste; requirements.
1. A dentist shall comply with all of the following:
a. Use amalgam only in a precapsulated form.
b. Salvage, store, and recycle non-contact and contact dental amalgam materials,
including empty amalgam capsules. As used in this Section 28.16.09(D) and
Section 28.16.09(E), “recycle” or “recycling” means sending mercury or dental
amalgam waste to either the contracted separator company or a facility in the United
States that will reclaim or distill the mercury for reuse. “Recycle” or “recycling”
shall not include any of the following: (i) the on-site processing of mercury or
dental amalgam waste; (ii) the sale, donation, or exchange of mercury or dental
amalgam waste through internet lists; or (iii) the sale or donation of mercury or
dental amalgam waste to any individual or company for any other reuse purpose.
c. Collect and recycle extracted teeth or portions of teeth that contain dental amalgam
materials.
d. Store all dental amalgam waste in enclosed and structurally sound containers until
a sufficient amount has been collected for shipment to a reclamation facility or
recycler or at a minimum, recycled annually.
e. Label all containers holding dental amalgam waste. The label shall include, at a
minimum, the title “dental amalgam waste for recycling” and the date the waste
was initially placed in the container.
f. Use chair-side traps to retain amalgam and recycle the content.
g. Recycle all amalgam materials collected in amalgam separators, vacuum pump

filters, chair-side traps or other wastewater processing devices.
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h. Ensure that the separators operate properly and do not become full and bypass. This
may include inspecting the separators annually, halfway through the operating life,
or as required by the manufacturer.
i. Follow the steps for the cleanup of mercury spills at schools and businesses as
recommended by the Department at www.michigan.gov/mercury (or at such other
location that such information may hereafter be provided by the Department).
2. A dentist shall not do any of the following:
a. Store bulk elemental mercury that is not in capsule form.
b. Put dental amalgam waste down a toilet or drain.
c. Put dental amalgam waste or empty amalgam capsules into trash containers, or
biohazard or infectious waste bags.
d. Disinfect teeth or any item containing dental amalgam by autoclaving or using heat.
e. Use cleaners containing bleach or chlorine to flush drains or wastewater lines.
3. A dentist shall train and have written procedures for training dental office staff who manage
or dispose of dental amalgam waste to ensure compliance with this rule.
4. This Section 28.16.09(D) shall not apply to a dentist listed in 28.16.09(B)(2). A dentist
who installs and uses a holding tank and does not discharge amalgam waste shall comply
with the requirements of Sections 28.16.09(D)(1), (2), and (3), as applicable.
E. Record keeping.
1. A dentist who is subject to the provisions of Section 28.16.09(B)(1) shall maintain records
at his or her dental office that include all of the following:
a. Type of amalgam separator installed, including the manufacturer and model.
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b. Date the amalgam separator became operational.
c. Documentation verifying that the amalgam separator meets the requirements of

Section 28.16.09(C).
d. Documentation of the manufacturer’s instructions for the operation and

maintenance of the amalgam separator.
e. Service records for each amalgam separator in use at the dental office that includes
all of the following: (i) dates of maintenance; (ii) dates separator contents were
recycled; and (iii) name of the staff or contractor performing the service.
f. Documentation verifying that the dentist disposed of and recycled any dental
amalgam waste that was generated from the individual’s dental office consistent
with the requirements of Section 28.16.09(D). The documentation shall include all
of the following: (i) name and address of the collection service or recycler; (ii)
amount by weight of dental amalgam waste that was collected and the date it was
collected or shipped from the dental office for recycling; (iii) name and address of
the facility where the dental amalgam waste will be recycled; and (iv) shipping or
manifest papers documenting transfer of the dental amalgam waste to the recycler.
2. The records required under Section 28.16.09(E)(1) shall be provided upon request to an
authorized state official, local public health department staff, or representative of the City,
including, but not limited to, the Director.
3. All records required under Section 28.16.09(E)(1) shall be retained for a minimum of three
(3) years.
F. Verification.
Upon the request of the Director, a dentist who is subject to the provisions of 28.16.09(B)(1) shall
verify in writing that he or she is in compliance with this Section 28.16.09 and shall provide the
amalgam separator make and year that each separator was installed.
G. Federal Dental Office Point Source Category Requirements.

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1. Dental Dischargers subject to 40 CFR Part 441 (“Dental Office Point Source Category”)
as provided by 40 CFR 441.10 shall comply with all applicable requirements of 40 CFR
Part 441, by the compliance deadlines stated by those regulations, including but not limited
to, the dental office pretreatment standards, best management practices, and reporting and
recordkeeping requirements provided by 40 CFR 441.30, 40 CFR 441.40, and 40 CFR
441.50.
2. One Time Compliance Report (“OTCR”). Dental Dischargers subject to 40 CFR Part 441
as provided by 40 CFR 441.10 shall comply with the following requirements in connection
with submittal of OTCRs to the POTW:
a. Deadlines. For existing sources, an OTCR must be submitted to the POTW no later
than October 12, 2023, or 90 days after a transfer of ownership. For new sources,
an OTCR must be submitted to the POTW no later than 90 days following the
introduction of wastewater into the POTW.
b. Signature and certification. The OTCR must be signed and certified by a

responsible corporate officer, a general partner or proprietor if the dental discharger
is a partnership or sole proprietorship, or a duly authorized representative in
accordance with the requirements of 40 CFR 403.12(l).
c. Contents. The OTCR shall the information and certifications required by 40 CFR
441.50(a)(3).
d. Transfer of ownership. If a dental discharger transfers ownership of the facility, the

new owner must submit a new OTCR to the POTW no later than 90 days after the
transfer.
e. Retention period. As long as a Dental Discharger subject to this part is in operation,

or until ownership is transferred, the Dental Discharger or an agent or representative
of the Dental Discharger must maintain the OTCR and make it available for
inspection in either physical or electronic form for the periods specified by 40 CFR
441.50(a)(5).
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3. Additional Recordkeeping and Retention Requirements. Dental Dischargers or an agent or

representative of the dental discharger must maintain and make available for inspection in
either physical or electronic form, for a minimum of three years, the documentation as
provided by 40 CFR 441.50(b).
4. Interaction with State and Local Dental Amalgam Requirements. The requirements of 40
CFR Part 441 are incremental to state and local dental amalgam requirements, including, but not
limited to, the requirements of this Chapter and of MCL Section 333.16631 (Michigan Public
Health Code, 1978 PA 368, as amended). If 40 CFR Part 441 contains requirements applicable to
dental amalgam that are more stringent than, or are in addition to, state and local dental amalgam
requirements, the more stringent and additional requirements of 40 CFR Part 441 shall control.
H. Compliance and enforcement.
Failure to comply with the requirements of this Section 28.16.09 is a violation of this Chapter and
may result in sanctions as provided by this Chapter, or as otherwise provided for by applicable
local, state, and federal laws and regulations.
I. Permits.
The Director may issue and/or require a User Permit for any dentist who uses or removes dental
amalgam or who owns or operates a dental office that generates dental amalgam waste; provided
that the provisions of this Section 28.16.09 shall apply whether or not a User Permit is issued. User
Permits may include any conditions and requirements that are consistent with the provisions of
this Section 28.16.09 and as provided by applicable state or federal laws and regulations, as
determined appropriate by the Director.
28.16.10. Additional Pretreatment Measures
The POTW may require users to take additional pretreatment measures, as determined necessary
by the Director, including, but not limited to, the following:
A. Whenever deemed necessary, the POTW may require users to restrict their discharge
during peak flow periods, designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate sewage waste streams
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from industrial waste streams, and such other conditions as may be necessary to protect the
POTW and determine the user’s compliance with the requirements of this Chapter.
B. The POTW may require any person discharging into the POTW to install and continually
maintain, on their property and at their expense, a suitable storage and flow control facility
to ensure equalization of flow, subject to approval by the Director.
C. Users with the reasonable potential to discharge explosive or flammable substances may
be required to install and maintain an approved explosion hazard meter, combustible gas
detection meter, or similar device, as determined appropriate by the Director.
ARTICLE 17. ENFORCEMENT
28.17.01. POTW Inspection, Surveillance and Monitoring Authority; Right of Entry
A. In general. The POTW is authorized to carry out all inspection, surveillance, sampling and
monitoring activities and procedures, as necessary to determine, independent of
information supplied by users or any other persons, compliance or noncompliance with
applicable pretreatment standards and requirements, with this Chapter, and with other
applicable laws and regulations. This authority includes, without limitation, the authority:
(1) To verify the completeness, accuracy and representativeness of self-monitoring

data submitted by users.
(2) To determine compliance with the terms, conditions and requirements of this
Chapter or of any permit, order, notice or agreement issued or entered into under
this Chapter.
(3) To support enforcement actions taken by the Director against non-compliant users.
(4) To determine if users have corrected problems identified in previous inspections.
(5) To identify which (and to what degree) users influence the quality of the POTW’s
influent, effluent and sludge quality.
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(6) To evaluate the impacts of the POTW’s influent on its treatment processes and
receiving stream.
(7) To evaluate the need for revised local limits.
(8) To maintain current data on each user.
(9) To assess the adequacy of each user’s self-monitoring program and User Permit.
(10) To provide a basis for establishing sampling and monitoring requirements for users.
(11) To evaluate the adequacy of each user’s operation and maintenance activities on its
pretreatment system.
(12) To assess the potential for spills and/or slug discharge control measures, and
evaluate the effectiveness of spill and slug discharge control measures.
(13) To gather information for User Permit development.
(14) To evaluate compliance with existing enforcement actions.
(15) To require any user to submit one or more representative samples of the wastewater
discharged or that the user proposes to discharge into the POTW.
(16) To determine compliance with requirements regarding implementation of best

management practices; accidental discharge controls and protections; spill
prevention or containment measures; and pollution prevention, minimization or
reduction measures.
B. Right of entry. The Director and other authorized representatives of the City bearing proper
credentials and identification are authorized to enter a user’s premises (and any other
person’s premises, as determined necessary by the Director) to conduct inspection,
surveillance and monitoring activities as necessary to determine compliance with this
Chapter, and in that regard shall have, without limitation, the following minimum
authority:
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(1) To enter into any premises of any person in which a discharge source, treatment
system or activity is located or in which records are required to be kept as provided
by this Chapter, for the purpose of inspecting, observing, measuring, sampling and
testing the wastewater discharge, removing samples of wastewater for analysis, and
inspecting and making copies of required records. This shall include the right to
take photographs.
(2) To set up and maintain on the person’s property such devices as are necessary to
conduct sampling, inspection, compliance monitoring and/or metering operations,
or to require the person to do so, at the person’s sole expense.
(3) To randomly sample and analyze the discharge from any person or premises and
conduct surveillance activities to identify occasional and continuing
noncompliance with applicable standards and requirements. The POTW shall
inspect and sample the discharge from each Significant Industrial User at least once
a year.
(4) To inspect any production, manufacturing, fabrication, or storage area where

pollutants, subject to regulation under this Chapter, could originate, be stored, or
be discharged to the POTW.
(5) To enter all private properties through which the POTW, the City, or other
governmental agency holds an easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance of any
portion of the POTW or wastewater transmission facilities lying within the
easement.
POTW representatives entering a person’s premises for purposes authorized by this

Chapter shall comply with the person’s plant safety requirements regarding such matters
as entry into confined spaces, use of safety glasses, and hearing protection requirements,
as requested by the person. Entry shall be commenced and completed as expeditiously as
practicable, consistent with the purposes for which the entry was made.
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C. Access without delay required. Persons shall allow the POTW ready access at all times to
all parts of the person’s facility or premises where wastewater governed by this Chapter is
created, handled, conveyed, treated or discharged, or where any production,
manufacturing, fabrication, or storage area where pollutants regulated under this Chapter
could originate, be stored, or be discharged to the POTW, or where wastewater records are
kept, for the purposes of inspection, sampling, records examination, or in the performance
of any of the POTW’s duties. If a person has security measures in force that would require
proper identification and clearance before entry into the premises by the Director, the
person shall make necessary arrangements in advance with its security guards so that upon
presentation of suitable identification, authorized representatives of the POTW (or
authorized state or federal personnel) will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities. Upon arrival at a person’s premises,
POTW representatives shall inform the person or the person’s employees that inspections,
sampling, compliance monitoring, metering or other POTW procedures are to be
performed and that the person has the right to accompany the POTW
employee/representative during the performance of the person’s duties.
D. Refusal to allow entry. If a person refuses to permit access (or unreasonably delays access)
to an authorized POTW representative or to permit the representative to obtain, take, and
remove samples or make copies of documents or undertake other authorized inspection,
surveillance and monitoring activities as provided by this Chapter, the Director may order
the termination of the discharge of wastewater to the POTW; order the person to permit
access within a time certain; issue the person a notice of violation of this Section; or take
other appropriate action as provided by this Chapter and other applicable laws and
regulations (including, but not limited to, seeking the issuance of a search warrant). Further,
the refusal to permit access (or causing an unreasonable delay in access) as provided by
this Section shall constitute a violation of this Chapter.
E. Emergency inspections. In an emergency which creates an immediate and substantial

danger to the health, safety, and welfare of individuals or property, the premises of a user
may be inspected immediately, at any time, and without permission or a warrant.
28.17.02. Notice of Violation
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A. Any person found to be violating a provision of this Chapter may be served with written
notice stating the nature of the violation and providing a reasonable time limit for the
satisfactory correction of the violation. The person shall, within the period of time stated
in notice, permanently cease all violations. The notice of violation (NOV) shall be served
and shall contain the information as provided by Section 28.17.04 of this Chapter.
B. Unless otherwise specified by the NOV, the following provisions shall apply: Within at
least thirty (30) days of the date of the NOV, the person shall submit to the POTW a written
explanation of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions. Submission of the required plan shall not in
any way relieve the person of liability for any violations occurring before or after receipt
of the Notice of Violation.
C. Nothing in this Section shall limit the authority of the City or the POTW to take any action,
including emergency actions or any other enforcement action, without first issuing a Notice
of Violation, or otherwise require the City or the POTW to first issue a Notice of Violation
before initiating a civil or criminal action against a person for violating this Chapter.
Further, receipt, or non-receipt, of a Notice of Violation shall in no way relieve the affected
user of any and all liability associated with any violation.
D. Failure to comply with any requirement of a Notice of Violation shall constitute a separate
violation of this Chapter.
28.17.03. Orders and Supplemental Enforcement Tools
The Director may issue an order to any person as determined by the Director to be appropriate
under the circumstances, as provided by this Section. Multiple orders may be issued
simultaneously or in combination as a single order with respect to a single person.
A. Service. An order shall be served upon a person and shall contain the information as
provided by Section 28.17.04 of this Chapter. However, orders to immediately cease and
desist discharge, or to terminate sewer services, or other emergency orders where delay
might endanger human health, the environment, or the POTW, may be oral and may be
served by telephone, to be followed within five (5) days by written confirmation of the oral
order by the Director.
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B. Types of Orders. The Director may issue the following types of orders:
(1) Order to Immediately Cease and Desist Discharge. The Director may issue an order
to cease and desist from discharging any wastewater, pollutant, or discharge not in
compliance with this Chapter. The order shall have immediate effect if the Director
determines that the actual or threatened discharge to the POTW presents, or may
present, imminent or substantial endangerment to the health or welfare of persons
or to the environment; or causes, or may cause, interference or pass through; or may
cause the POTW to violate any term or condition of its NPDES permit. The Director
shall implement whatever action is necessary to halt or prevent the discharge,
including, but not limited to, emergency suspension of service. The person shall be
assessed for any penalties, fines, charges, surcharges, expenses, or losses incurred
due to the actual or threatened discharge of pollutants as provided by this Chapter.
(2) Order to Cease Discharge Within a Time Certain. The Director may issue an order
to cease and desist from discharging any wastewater, pollutant, or discharge not in
compliance with this Chapter by a certain time and date. The proposed time for
remedial action shall be specified in the order. In addition to any other
circumstances as determined appropriate by the Director, an order may be issued
under this Section for the failure to pay applicable permit fees or to comply with
any term of a User Permit.
(3) Order to Effect Pretreatment. The Director may issue an order to a user requiring
the user to pretreat its discharge in accordance with this Chapter. Any user subject
to an order to pretreat shall prepare a plan to pretreat its discharge so that the
discharge complies with the requirements of the order and this Chapter. The plan
shall be submitted to the Director within a reasonable period as specified in the
order. The plan shall be prepared in accordance with good engineering practice and
shall state whether construction is necessary, as well as identify measures that can
be completed without construction. The plan shall contain a schedule of compliance
for completion of each of the various phases necessary to implement full
pretreatment. The schedule of compliance must be approved by the Director. The
schedule of compliance shall consist of one or more remedial measures, including
enforceable timetables for a sequence of actions or operations leading to
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compliance with an effluent standard, or other prohibition or standard. The

following steps or phases shall be included in the schedule of compliance as
determined necessary by the Director:
(a) Retain a qualified engineer and/or consultant.
(b) Obtain any engineering or scientific investigation or surveys deemed

necessary.
(c) Prepare and submit a preliminary plan to achieve pretreatment.
(d) Prepare plans and specifications, working drawings, or other engineering or

architectural documents that may be necessary to effect pretreatment.
(e) Establish a time to let any contract necessary for any construction.
(f) Establish completion times for any construction necessary.
(g) Establish a time limit to complete full pretreatment pursuant to the final
order.
(h) If a phase or unit of construction or implementation may be effected

independently of another phase or unit, establish separate timetables for the
phases or unit.
(4) Order to Affirmatively Respond. The Director may issue an order requiring a
person to perform any action required under this Chapter, including, without
limitation, requiring a person to submit samples; to install sampling, metering and
monitoring equipment; to submit reports; to permit access for inspection, sampling,
testing, monitoring and investigations; to reduce or eliminate a discharge or
pollutants in a discharge; or to pay permit fees or other applicable charges.
(5) Order to Terminate Sewer Services. The Director may issue an order to terminate
the sewer services of a user, including, but not limited to, immediate physical
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blockage of the user’s sewer connection, for reasons including, without limitation,
the following:
(a) A discharge that violates any general or specific discharge prohibition,

including any pretreatment standard or requirement, and that reasonably
appears to present an imminent endangerment to human health, the
environment or the POTW.
(b) Failure of a user to notify the POTW of any discharge as described in

Section 28.17.03(B)(5)(a) of which the user was aware or reasonably should
have been aware.
(c) Failure of a user to sample, monitor, pretreat or report, or failure to install

monitoring or pretreatment facilities, as required by an order of the Director.
(d) A knowing, willful violation of any term, condition or requirement of an

order or User Permit, or any provision of this Chapter.
(e) A negligent violation of any major term, condition or requirement of an

order or User Permit. For purposes of this Section, a “major” term, condition
or requirement is one the violation of which is reasonably likely to endanger
human health, the environment, the POTW, or cause the POTW to violate
its NPDES permit.
If the POTW determines that physical blockage is necessary, the POTW shall make
a reasonable attempt to deliver to the person who appears to be in control of the
user’s facility a written notice describing the reason for the physical blockage order.
After delivery of the notice (or after a reasonable attempt to deliver the notice, even
if delivery was unsuccessful), the POTW may immediately install the physical
blockage. No person shall remove or tamper with a physical blockage installed by
the Director without prior written permission from the City.
(6) Order to Show Cause. The Director may issue an order requiring a person to appear
and explain any noncompliance with the requirements of this Chapter or any permit,
order, decision or determination promulgated, issued or made under this Chapter,
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and to show cause why more severe enforcement actions against the person should
not go forward. A show cause hearing shall be held within ten (10) days after the
order to show cause is issued, as follows:
(a) The Wastewater Board of Appeals shall conduct the hearing and take
evidence. Notice of the hearing shall be provided to require the attendance
and testimony of witnesses and the production of evidence relevant to any
matter involved in the hearing.
(b) Any testimony taken at the hearing shall be under oath and recorded. A copy
of the transcript of the hearing shall be made available at cost to any person
upon payment of applicable charges for the transcript.
(c) After reviewing the evidence taken at the hearing, the Wastewater Board of
Appeals shall decide whether further enforcement action is required and, if
so, the nature and extent of that further action, including, without limitation,
the issuance of any order or imposition of any fines, fees, surcharges or
penalties, as authorized by this Chapter.
C. Immediate Response To Order By User May Be Required. Any user issued an order as
provided by this Section to immediately suspend its discharge to the POTW shall
immediately stop or eliminate the discharge using whatever means are necessary to do so,
or take any other action as required by the order. If the user fails to comply voluntarily with
the order to immediately suspend its discharge, the POTW shall take any action determined
necessary as authorized by this Chapter, including, without limitation, immediate
suspension of water service and/or severance of the sewer connection or commencement
of judicial proceedings, to prevent or minimize damage to the POTW or endangerment to
public health, safety or the environment. The POTW may reinstate the wastewater
treatment service and terminate any judicial proceedings, as applicable, upon satisfactory
proof or other demonstration by the user that the noncomplying discharge has been
eliminated or will not reoccur. A detailed written statement submitted by the user
describing the causes of the noncomplying discharge and the measures taken to prevent
any further occurrence shall be submitted to the Director within fifteen (15) days of the
occurrence.
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D. Noncompliance Due to Factors Beyond User’s Control. If noncompliance with an order is

unintentional and temporary and due to factors beyond the reasonable control of a user,
and the user can demonstrate the conditions necessary for demonstration of an upset as
provided by Section 28.11.01(A), the Director may modify the order or take other actions
as determined appropriate. However, a user shall not be relieved of liability for
noncompliance with an order to the extent caused by operational error, improperly
designed or inadequate treatment facilities, lack of preventative maintenance, or careless
or improper operation.
E. Amendment, Suspension and Revocation of Orders. An order shall be subject to

amendment, suspension or revocation as determined appropriate by the Director. Notice of
the amendment, suspension or revocation shall be served upon the person in the same
manner as notice was provided for the original order. An amendment, suspension or
revocation of an order shall be subject to the same procedures for review and appeal as the
original issuance of the order, as provided by this Chapter.
F. Consent Orders and Agreements. The Director may enter into a consent order or agreement
with a person to resolve disputed claims and address identified and potential deficiencies
in the person’s compliance status. The order or agreement shall be in the form of a written
agreement with the person and may contain appropriate provisions, including, without
limitation, compliance schedules and stipulated fines and remedial actions.
G. POTW Authority to Require Financial Assurances. The Director may require any user to
post a performance bond (or other form of surety acceptable to the Director) sufficient to
cover expenses (direct and/or indirect) that might reasonably be incurred by the Director
as a result of the user’s discharges to the POTW (including, but not limited to, the costs to
restore or repair any damage to the POTW) or sufficient to achieve consistent compliance
with applicable laws and regulations, as determined necessary by the Director. Further, any
person that has in the prior two (2) years been responsible for causing interference or pass
through at the POTW may be required to obtain liability insurance sufficient to cover the
reasonable costs of responding or restoring the POTW in the event of a second such
incident. These financial assurance requirements may also be made conditions of a User
Permit.
28.17.04. Service of Notices of Violations, Orders and Notices of Assessments

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Except as otherwise expressly provided by this Chapter, all orders, notices of violations, and
notices of assessments shall be served upon persons and shall contain the information as provided
by this Section.
A. Service. Service shall be by personal delivery or certified mail (return receipt requested),
addressed to the user, alleged violator or other person, as applicable, at the person’s last
known address as shown by POTW’s records. The person served shall sign and date the
order or notice and shall return the signed original copy to the POTW; provided, that the
failure to do so shall not affect in any way the person’s obligation to comply with the order
or notice. Further, a notice or order served by mail may not actually be received by the
person, but this shall not nullify in any way any enforcement action subsequently taken by
the Director against the person under authority of this Chapter. Receipt, or non-receipt, of
a notice or order shall not in any way relieve the affected person of any liability associated
with the violation. Further, the issuance of a notice or order will not be a bar against, or a
prerequisite for, any other enforcement actions by the City against the affected person.
B. Contents. All orders and notices shall contain at least the following information, to the
extent known by the Director and as determined by the Director to be applicable to the
situation:
(1) The name and address of the violator;
(2) The location and time that the violation occurred or was observed, and the duration
of the violation;
(3) The nature of the violation, including the provisions of this Chapter or of any
permit, order, decision, determination or agreement violated;
(4) The basis for determining that a violation has occurred (personal observation,
pollutant analysis, etc.);
(5) The amount of the fine, penalty, cost, or charge assessed or due, if any;
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(6) The manner in which, and time and date by which, any fine, penalty, cost, or charge
must be paid, including any penalty or charge for late payment;
(7) The remedial action ordered, the time within which required actions must be taken,
and any consequences for failure to do so.
(8) The right to appeal the issuance of the order or notice and a summary of the
procedures for appeal, or other applicable administrative procedures.
(9) The date and time the order or notice was issued.
C. Request for Additional Information. A person served may request additional information
from the Director regarding the contents or requirements of any order or notice. However,
a request for additional information shall not extend the time for compliance with an order
or notice.
28.17.05. Publication of Users in Significant Noncompliance
The POTW shall publish once per year in the largest newspaper circulated in the City, a list of
Nondomestic Users that, at any time during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards or requirements. For the purposes of this
Section, a user shall be considered to be in significant noncompliance if its violations meet one or
more of the following criteria:
A. Chronic violation of discharge limits, defined as results of analyses in which 66% or more
of all of the measurements taken during a six-month period exceed (by any magnitude) a
numeric pretreatment standard or requirement, including instantaneous limits, for the same
pollutant parameter;
B. Technical review criteria (TRC) violations, defined as results of analyses in which 33% or
more of all of the measurements taken for the same pollutant parameter during a six-month
period equal or exceed the product of a numeric pretreatment standard or requirement,
including instantaneous limits, times the applicable TRC (TRC = 1.4 for BOD, TSS, fats,
oil and grease, and 1.2 for all other pollutants, except pH);
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C. Any other violation of a pretreatment effluent limit (instantaneous minimum, instantaneous

maximum, daily maximum, or long-term average, or narrative standard) that the POTW
determines has caused, alone or in combination with other discharges, interference or pass
through (including endangering the health of Department personnel or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare, or to the environment, or has resulted in the POTW’s exercise of its emergency
authority to halt or prevent the discharge;
E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule
milestone contained in a permit or enforcement order, for starting construction, completing
construction, or attaining final compliance;
F. Failure to provide any required reports within thirty (30) days after the due date;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations, which may include a violation of Best
Management Practices, that the Director determines will adversely affect the POTW or the
operation or implementation of the POTW’s pretreatment program or this Chapter.
28.17.06. Municipal Civil Infractions
A. Violation; Municipal Civil Infraction. Except as provided by Section 28.17.07, and

notwithstanding any other provision of the City’s laws, ordinances and regulations to the
contrary, a person who violates or fails to comply with any provision of this Chapter
(including, without limitation, any notice, order, permit, decision or determination
promulgated, issued or made by the Director under this Chapter) is responsible for a
municipal civil infraction, subject to payment of a civil fine of not less than $1,000.00 per
day for each infraction and not more than $10,000.00 per day for each infraction, plus costs
and other sanctions.
B. Repeat Offenses; Increased Fines. Increased fines may be imposed for repeat offenses. As
used in this Section, “repeat offense” means a second (or any subsequent) municipal civil
infraction violation of the same requirement or provision of this Chapter (i) committed by
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a person within any 90 day period and (ii) for which the person admits responsibility or is
determined to be responsible. The increased fine for a repeat offense under this Chapter
shall be as follows:
(1) The fine for any offense that is a first repeat offense shall be not less than $2,500.00,
plus costs.
(2) The fine for any offense that is a second repeat offense or any subsequent repeat
offense shall be not less than $5,000.00, plus costs.
C. Amount of Fines. Subject to the minimum fine amounts specified in Sections 28.17.06(A)
and 28.17.06(B), the following factors shall be considered by the court in determining the
amount of a municipal civil infraction fine following the issuance of a municipal civil
infraction citation for a violation of this Chapter: the type, nature, severity, frequency,
duration, preventability, potential and actual effect, and economic benefit to the violator
(such as delayed or avoided costs or competitive advantage) of a violation; the violator’s
recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and
such other matters as justice may require. A violator shall bear the burden of demonstrating
the presence and degree of any mitigating factors to be considered in determining the
amount of a fine. However, mitigating factors shall not be considered unless it is
determined that the violator has made all good faith efforts to correct and terminate all
violations.
D. Authorized Local Official. Notwithstanding any other provision of the City’s laws,
ordinances and regulations to the contrary, the following persons are designated as the
authorized local officials to issue municipal civil infraction citations directing alleged
violators to appear in district court for violations of this Chapter (or, if applicable, to issue
municipal civil infraction notices directing alleged violators to appear at a municipal
ordinance violations bureau): the Director, any sworn law enforcement officer, and any
other persons so designated by the City.
E. Other Requirements and Procedures. Except as otherwise provided by this Section, the
requirements and procedures for commencing municipal civil infraction actions; issuance
and service of municipal civil infraction citations; determination and collection of court-
ordered fines, costs and expenses; appearances and payment of fines and costs; failure to
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answer, appear or pay fines; disposition of fines, costs and expenses paid; and other matters
regarding municipal civil infractions shall be as set forth in Act No. 236 of the Public Acts
of 1961, as amended.
28.17.07. Criminal Penalties; Imprisonment
Any person who (1) at the time of a violation knew or should have known that a pollutant or
substance was discharged contrary to any provision of this Chapter, or contrary to any notice,
order, permit, decision or determination promulgated, issued or made by the Director under this
Chapter; or (2) intentionally makes a false statement, representation, or certification in an
application for, or form pertaining to a permit, or in a notice, report, or record required by this
Chapter, or in any other correspondence or communication, written or oral, with the POTW
regarding matters regulated by this Chapter; or (3) intentionally falsifies, tampers with, or renders
inaccurate any sampling or monitoring device or record required to be maintained by this Chapter;
shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per violation,
per day, or imprisonment for up to ninety (90) days, or both in the discretion of the court.
28.17.08. Continuing Violation
Each act of violation, and each day or portion of a day that a violation of this Chapter (or of any
permit, order, notice or agreement issued or entered into under this Chapter) exists or occurs,
constitutes a separate violation subject to the fines, penalties and other sanctions and remedies as
provided by this Chapter.
28.17.09. Number of Violations
The number of violations resulting from a user’s noncompliance with applicable discharge
prohibitions or effluent limitations shall be determined as follows:
A. Applicable concentration limitations and mass (or loading) limitations shall be treated as
separate limitations, and a user may be liable and penalized separately for exceeding any
of those limitations for a single pollutant or sampling parameter.
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B. Each violation of a daily maximum limit for a single pollutant or sampling parameter shall
constitute a separate violation for each day on which the violation occurs or continues.
C. Each violation of an instantaneous minimum or instantaneous maximum limit for a single

pollutant or sampling parameter shall constitute a separate violation for each such
occurrence, and there may be multiple violations for each day on which such a violation
occurs or continues.
D. Each violation of a monthly average limit (or of some other average limit period) for a
single pollutant or sampling parameter shall constitute a separate violation for each day of
the month (or other stated period) during which the violation occurred, regardless of the
number of days on which samples were actually taken. (For example, in a month with
thirty-one (31) days, a violation of the monthly average limit for that month constitutes
thirty-one (31) violations for each pollutant parameter for which the monthly average limit
was exceeded during the month.)
E. Except with regard to violations of average limits as provided by Section 28.17.09(D), a

violation will be deemed to have continued to occur each day beginning with the first day
the violation occurred to the day the user is able to demonstrate through appropriate
sampling results that the violation is no longer occurring.
F. If for any period a user has violated both a daily maximum limit and an average limit for a
particular pollutant parameter, then the total number of violations is the sum of the days on
which the daily maximum limit was violated plus the number of days in the averaging
period.
G. If a User Permit regulates more than one outfall, each outfall shall be considered separately
in computing the number of violations as provided by this Section.
H. If a user is discharging a wastestream that is required to be monitored and analyzed under

continuous monitoring procedures then all of the following shall apply:
(1) If at any time during a daily 24-hour period the continuous monitoring shows that
the monitored parameter exceeded the instantaneous minimum, instantaneous
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maximum, or daily maximum limit for that parameter, then a violation has
occurred.
(2) If during a daily 24-hour period under continuous monitoring the monitored
parameter exceeds the instantaneous minimum or instantaneous maximum, during
that period, then each such exceedance shall be considered a separate violation.
(3) If during a daily 24-hour period under continuous monitoring the monitored
parameter exceeds the instantaneous minimum, instantaneous maximum, or daily
limit into the next daily 24-hour period (i.e., the exceedance occurs both before and
after midnight), then the exceedance will be considered a separate violation on both
days.
I. One (1) violation occurs on: each day that a report is late; and each day after an action
required to be completed is not completed.
28.17.10. Nuisance
A violation of this Chapter, or of any permit, order, notice or agreement issued or entered into
under this Chapter, is deemed to be a public nuisance and shall be corrected or abated as directed
by the City. In addition to any other legal or equitable remedies available under the law, any person
creating a public nuisance shall be subject to the provisions of state law, this Chapter, or other
ordinance of the City governing such nuisances, including reimbursing the City for any costs
incurred in removing, abating, or remedying said nuisance, as applicable.
28.17.11. Reimbursement
A. Any person who discharges to the POTW (including, but not limited to, any person who
causes or creates a discharge that violates any provision of this Chapter, produces a deposit
or obstruction, or otherwise damages, injures, or impairs the POTW, or causes or
contributes to a violation of any federal, state or local law governing the POTW, whether
any such act is intentional or unintentional) shall be liable to and shall fully reimburse the
City for all expenses, costs, losses or damages (direct or indirect) payable or incurred by
the City as a result of or associated with any such discharge, deposit, obstruction, damage,
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injury, impairment, violation, exceedence, noncompliance, or act. The costs that must be
reimbursed to the City shall include, but shall not be limited to, all of the following:
(1) All costs incurred by the City in responding to the violation or discharge, including,
expenses for any cleaning, repair or replacement work, and the costs of sampling,
monitoring, and treatment, as a result of the discharge, violation, or noncompliance.
(2) All costs to the City of monitoring, surveillance, and enforcement in connection
with investigating, verifying, and prosecuting any discharge, violation, or
noncompliance.
(3) The full amount of any fines, assessments, penalties, and claims, including natural
resource damages, levied against the City, or any City representative, by any
governmental agency or third party as a result of a violation of the POTW’s NPDES
permit (or other applicable law or regulation) that is caused by or contributed to by
any discharge, violation, or noncompliance.
(4) The full value of any City staff time (including any administrative and overhead
costs and any required overtime), consultant and engineering fees, and actual
attorney fees and defense costs (including the POTW’s legal counsel and any
special legal counsel), associated with reviewing, responding to, investigating,
verifying, and/or prosecuting any discharge, violation, or noncompliance, or
otherwise incurred by the Director in administering and enforcing the requirements
of this Chapter.
Further, the POTW is authorized to correct any violation of this Chapter or damage or impairment
to the POTW caused by a discharge and to bill the person causing the violation or discharge for
the amounts to be reimbursed. The costs reimbursable under this Section shall be in addition to
fees, amounts or other costs and expenses required to be paid by users under other Sections of this
Chapter.
B. In determining the amounts to be reimbursed, the POTW may consider factors such as, but
not limited to, the following:
(1) The volume of the discharge.

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(2) The length of time the discharge occurred.
(3) The composition of the discharge.
(4) The nature, extent, and degree of success the POTW may achieve in minimizing or
mitigating the effect of the discharge.
(5) The toxicity, degradability, treatability and dispersal characteristics of the

discharges.
(6) The direct and indirect costs incurred by the Director, or imposed upon the POTW
to treat the discharges, including sludge handling and disposal costs.
(7) Fines, assessments, levies, charges, expenses and penalties imposed upon and/or
incurred by the Director, including the POTW’s costs of defense of actions, or suits
brought or threatened against the POTW by governmental agencies or third parties.
(8) Such other factors, including the amount of any attorney’s fees; engineering,
consultant, and expert fees; expenses, costs, sampling and analytical fees; repairs;
as the POTW deems appropriate under the circumstances.
C. Costs to be reimbursed to the POTW as provided by this Section may be assessed to the
user as provided by Section 28.17.04 of this Chapter, or as otherwise determined
appropriate by the Director in conjunction with an enforcement action.
D. The failure by any person to pay any amounts required to be reimbursed to the POTW as
provided by this Section shall constitute an additional violation of this Chapter.
28.17.12. Review or Approval by City
In no case shall the review and/or approval by the City of a user’s plans, specifications or operating
procedures entitle a user to relief from enforcement actions for failure to achieve compliance with
the applicable pretreatment standards and requirements.
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28.17.13. Severance or Suspension of Sewer and/or Water Service
If a user violates or continues to violate any provision of this Chapter (including, without
limitation, any notice, order, permit, decision or determination promulgated, issued or made by the
Director under this Chapter), or if the City determines that the user’s actual or proposed discharge
may present an imminent or substantial endangerment to the health or welfare of persons or the
environment, the Director may immediately, and without notice, sever or suspend sewer and/or
water service provided to the user by the City. If severed or suspended, the sewer and/or water
service shall recommence only after the user has satisfactorily demonstrated to the Director the
user’s ability to comply with all applicable provisions of this Chapter, and only at the user’s sole
expense.
28.17.14. Judicial Relief
With the approval of the City, in conjunction with the City’s legal counsel, the Director may
institute legal proceedings in a court of competent jurisdiction to seek all appropriate relief for
violations of this Chapter or of any permit, order, notice or agreement issued or entered into under
this Chapter. The action may seek temporary or permanent injunctive relief, damages, penalties,
costs, and any other relief, at law or equity, that a court may order. The Director may also seek
collection of surcharges, fines, penalties, and any other amounts due to the POTW that a person
has not paid.
28.17.15. Cumulative Remedies
The imposition of a single penalty, fine, notice, order, damage, or surcharge upon any person for
a violation of this Chapter, or of any permit, order, notice or agreement issued or entered into under
this Chapter, shall not preclude (or be a prerequisite for) the imposition by the Director or a court
of competent jurisdiction of a combination of any or all of those sanctions and remedies or
additional sanctions and remedies with respect to the same violation, consistent with applicable
limitations on penalty amounts under state or federal laws or regulations. A criminal citation and
prosecution of a criminal action against a person shall not be dependent upon and need not be held
in abeyance during any civil, judicial, or administrative proceeding, conference, or hearing
regarding the person.
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ARTICLE 18. ADMINISTRATIVE REVIEW AND APPEALS
28.18.01. Procedures Available
Any person aggrieved by a Notice of Violation, Order, final decision, final determination, or other
final action taken by the Director under this Chapter may request an informal review and
reconsideration of the action by the Director as provided by this Section. Following the Director’s
informal review and reconsideration, the person aggrieved may appeal the Director’s final decision
to the Wastewater Board of Appeals (“WBA”) as provided by this Section. The person requesting
the appeal shall pay an appeal fee in the amount determined from time to time by the City. The
appeal fee shall be paid at the time that the request for informal review/reconsideration or appeal
is requested. If a request for informal review and reconsideration by the Director or an appeal to
the WBA is not properly and timely requested, including payment in full of the appeal fee and
submission of all required supporting documents and information as provided by this Section, the
right to request a review and/appeal shall be deemed waived and the action shall be deemed final.
28.18.02. Informal Review and Reconsideration by the Director
A request for a review and reconsideration by the Director of an action taken by the Director shall
be made in writing within 10 calendar days from the date of the Director’s action in question. The
request shall state the reasons for the review and shall include all supporting documents and dates.
A hearing on the request shall be scheduled at the earliest practicable date as determined by the
Director, as applicable. The hearing shall be conducted by the Director on an informal basis at the
KWRP or at another location designated by the Director. Following the informal hearing, the
Director may affirm or reverse, in whole or in part, the action appealed from, or may make any
order, requirement, determination, or decision (these actions by the Director are hereinafter
collectively referred to as the Director’s “final decision”) that in the Director’s opinion ought to
be made in the case under consideration. The aggrieved person shall be notified of the Director’s
final decision within 30 calendar days of the hearing. The Director may request additional
information and extend the time for the final decision by up to an additional 30 calendar days
following the submission of all of the additional requested information. The Director’s final
decision may be appealed to the WBA as provided by Section 28.18.03. All supporting
documentation and information shall be provided solely by the person requesting the appeal (the
“appellant”), at the appellant’s sole cost.
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28.18.03. Formal Appeal to Wastewater Board of Appeals
A. The WBA shall consider appeals from final decisions of the Director (and other appeals as
expressly provided by this Chapter).
B. The WBA shall be comprised of five members appointed from time-to-time by the City
Commission. The members of the WBA shall have the technical expertise and backgrounds
sufficient to enable them to consider and decide the matters brought before them consistent
with Good Utility Practices. At least one of the members of the WBA shall be a Michigan
licensed engineer. No member of the WBA shall be an employee of the City’s Public
Services Department.
C. A member of the WBA with a conflict of interest (direct or indirect; personal, professional,
or financial) with respect to the matter on appeal shall not participate in any hearing, any
discussion, or any decision on that matter. Before participating in a hearing, any discussion,
or any decision on a matter on which a member may reasonably be considered to have a
conflict of interest, the member shall disclose the potential conflict of interest to the City
Manager. If a member is uncertain regarding a potential conflict of interest, the City
Attorney shall make a determination prior to the hearing of the matter and communicate
that determination to the member and the City Manager. If it is determined that one or more
of the current WBA members has a conflict of interest, the City Manager shall appoint
alternate members that do not have conflicts of interest to hear the appeal in question.
D. The WBA may adopt its own rules of procedure, and shall keep a record of its proceedings,
showing findings of fact, the action of the board, and the vote of each member upon each
question considered. The presence of three members of the WBA shall be necessary to
constitute a quorum. All decisions of the WBA shall require a majority vote of those
members present at a scheduled meeting for which a quorum exists.
E. The following provisions shall govern appeals of final decisions of the Director made to
the WBA under this Chapter:
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(1) A request for an informal review and reconsideration leading to a final decision of
the Director as provided by Section 28.18.02 shall be required before an appeal of
any action of the Director may be made to the WBA as provided by this Section.
(2) An appeal from any final decision of the Director shall be made to the WBA within
10 calendar days from the date of the Director’s final decision being appealed. The
appeal may be taken by any person aggrieved by the Director’s final decision. The
appellant shall file a written notice of appeal with the WBA. The notice of appeal
shall specify in detail the grounds for the appeal and shall be accompanied by a
non-refundable appeal fee in the amount set from time to time by the City.
(3) Prior to a hearing before the WBA regarding an appeal, the Director shall transmit
to the WBA a written summary of all previous action taken in connection with the
final decision being appealed. The WBA may, at the WBA’s discretion, request the
Director to provide further information regarding the final decision that is the
subject of the appeal and may require the appellant to submit further documents
and information in support of the appeal.
(4) The WBA shall fix a reasonable time for the hearing of the appeal. Notice of the
hearing shall be provided to the appellant at least 10 calendar days in advance of
the hearing to require the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in the hearing. The appellant shall
submit an exhibit and witness list to the WBA at least 5 calendar days before the
hearing or as otherwise directed by the WBA.
(5) The WBA shall conduct the hearing. At the hearing, attorneys may represent the
WBA and the appellant and they may file briefs, present evidence, and call,
examine and cross-examine witnesses (provided that no party to the hearing shall
be required to be represented by an attorney, and may represent himself/herself).
Any testimony taken at the hearing shall be under oath and recorded unless the oath
or recording are waived by agreement of the WBA and appellant. A copy of the
transcript of the hearing (and/or a recording, if made) shall be made available at
cost to any person upon payment of applicable charges for the transcription or
recording.
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(6) The WBA shall admit all testimony having reasonable probative value and shall
exclude irrelevant or unduly repetitious testimony, as determined by the WBA. The
WBA shall not be bound by common law or statutory rules of evidence. The
appellant shall have the burden of proof and persuasion for showing that the
decision being appealed was clearly erroneous.
(7) Within 30 days after the completion of the hearing, the WBA shall mail or
otherwise deliver to the appellant a written decision granting, denying or modifying
the final decision of the Director that was the subject of the appeal. The decision of
the WBA on the matter shall be final, and shall be a final determination for purposes
of judicial review.
28.18.04. Payment of Charges, Penalties, Fines, and Other Costs or Fees
All service charges, penalties, fines, fees, surcharges, costs or expenses outstanding during any
appeal process shall be due and payable to the City, as applicable. Further, if the Director’s
decision that was reviewed or appealed is upheld, the person that requested the review and/or
appeal shall pay all of the costs incurred by the City in conducting the review and/or appeal,
including, but not limited to, any applicable sampling and analytical costs, legal and engineering
consultant costs, and costs of transcription and recording. If the Director’s decision is only partially
upheld or reversed, upon resolution of the review and/or appeal, any amounts due and payable to
the City shall be equitably adjusted accordingly, provided that any refunds of any amounts already
paid to the City by the appellant shall be retroactive to the previous 4 monthly billings only. In no
case shall any portion of the appeal fee be refunded. The POTW may terminate wastewater
treatment services if a corrective course of action is not taken or if service charges, penalties, fines,
fees, surcharges, costs, or expenses are not paid by a user.
28.18.05. Finality of Action
If a review or appeal is not demanded as provided by this Section within the periods specified by
this Section, the Director’s action shall be deemed final. If a review or appeal is properly
demanded, the action in question shall be suspended until a final determination has been made by
the Director or WBA, as applicable, except for orders to immediately cease and desist discharge;
orders to terminate sewer services; other emergency orders or actions where a suspension or delay
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might endanger human health, the environment, or the POTW; and as otherwise expressly
provided by this Chapter (such as for permit appeals, Section 28.07.14).
28.18.06. Appeals from Determination of WBA
Appeals from a final determination of the WBA may be made to a court of competent jurisdiction
as provided by law. All findings of fact made by the WBA, if supported by the evidence, shall be
deemed conclusive.
ARTICLE 19. PROTECTION FROM DAMAGE
28.19.01. Protection from Damage
It is a misdemeanor for any person to maliciously or willfully break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance, or equipment that is part of the POTW. Any
person violating this provision shall be subject to immediate arrest under charge of disorderly
conduct; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per
violation, per day, or imprisonment for up to ninety (90) days, or both in the discretion of the court;
and shall be subject to other sanctions and remedies as provided by this Chapter, including, but
not limited to, reimbursement of the POTW as provided by Section 28.17.11 of this Chapter.
ARTICLE 20. MUNICIPAL LIABILITY
28.20.01. Municipal Liability
Neither the POTW nor the City (including, but not limited to, City staff, employees, and officials)
shall be responsible for interruptions of service due to natural calamities, equipment failures, or
the actions of users. It shall be the responsibility of the users that all connected equipment remain
in good working order so as not to cause disruption of service of any sewer or treatment plant
equipment.
ARTICLE 21. USE OF PUBLIC SEWERS CONDITIONAL

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28.21.01. Use of Public Sewers Conditional
The use of the public sewer is conditional upon the user complying with all applicable provisions
of this Chapter, the rules and regulations promulgated pursuant to this Chapter, User Permits and
all other applicable Federal, State and local laws, rules, regulations, standards and requirements.
Use of the public sewer is also conditional upon the payment of all applicable charges, surcharges,
rates, fees and penalties.
ARTICLE 22. INDUSTRIAL PRETREATMENT PROGRAM FEES
28.22.01. Purpose
It is a purpose of this Chapter to provide for the recovery from users of the POTW of all costs
incurred by the Director for the administration and implementation by the Director of the industrial
pretreatment program (IPP) established by this Chapter. The IPP fees provided for by this Section
are separate from, and in addition to, amounts chargeable to users for sewage disposal services by
the City and/or the POTW, and costs required to be reimbursed to the City and/or the POTW under
any other provisions of this Chapter or other laws and regulations.
28.22.02. IPP Fees
IPP fees payable by users shall be established by the City, and shall be subject to amendment or
revision by the City from time to time. Such fees shall be sufficient to meet the costs to administer
and implement the City’s IPP and any associated regulations and written procedures as provided
by this Chapter and authorized by applicable law. IPP fees may include, but shall not be limited
to, any of the following:
A. Fees to reimburse the POTW for the costs of development and operation of an Industrial
Pretreatment Program, and fees to reimburse the POTW for monitoring, inspections and
surveillance procedures, including expenses incurred for analysis of samples.
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B. Fees for reviewing discharge reports, and for related enforcement procedures.
C. Fees associated with permit applications, permit renewals, and permit transfers.
D. Fees for reviewing accidental discharge procedures and construction.
E. Fees for appeals filed under this Chapter.
F. Such other charges or fees that the City deems necessary or required to fully perform the
provisions of applicable Federal and State laws or regulations, this Chapter, and other City
laws or regulations.
28.22.03. IPP Fee Amounts
A. IPP fees shall be paid by users to the POTW in amounts determined necessary by the
Director from time to time to reimburse the POTW for all costs and expenses incurred by
the Director in administering the IPP. To the extent practical, the fees shall be set in an
amount to include at least the POTW’s average total costs for that purpose. With regard to
IPP activities undertaken by the Director with regard to particular users, the fees shall be
charged to the users on a time and materials basis, including, but not limited to, the full
value of any City staff time (including any administrative and overhead costs and any
required overtime), consultant and engineering fees, testing fees, and actual attorney fees
and defense costs, plus general administrative expenses, based on the nature and
requirements of the IPP activities undertaken for each user.
B. If the POTW determines that it is necessary to evaluate the ability or capacity of the POTW
to accept any current or proposed discharge by means, including, but not limited to, a
headworks analysis or treatability study, all such evaluation and analysis or other required
work shall be at the sole cost of the user. Such costs shall be paid in full by the user
according to the timetable and subject to any terms or conditions established by the
Director and shall be paid whether or not the discharge (or any part thereof) is ultimately
approved. The Director may require the user to post a deposit or other form of surety, as
determined sufficient and appropriate by the Director, to ensure payment by the user of all
such costs.
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28.22.04. Surcharges
A. Surcharges are intended to reimburse the POTW for all costs incurred by the Director in
handling or treating a discharge that contains pollutants in excess of specified surcharge
concentrations, loadings or other applicable limits. These costs may include, but are not
limited to, the actual cost of treatment including chemical, equipment, and personnel costs.
B. Any user exceeding applicable surcharge thresholds shall be subject to the imposition of
one or more surcharges as provided by this Section to reimburse the POTW for any costs
or expenses, direct or indirect, the POTW may incur in handling or treating the discharge,
or which may be imposed upon the POTW, where the exceedence of applicable limits
causes or contributes to those costs or expenses.
C. The City may establish surcharge thresholds and surcharge rates for BOD, COD and TSS
and any other pollutant parameter for which a surcharge is determined appropriate by the
Director. These surcharge thresholds and rates shall be reviewed, calculated and
determined from time to time, as determined appropriate by the City.
D. All violations of applicable discharge prohibitions and limitations and all instances of
noncompliance with applicable discharge requirements shall constitute a violation of this
Chapter, subject to applicable fines, penalties and other enforcement actions provided by
this Chapter. In no event shall the imposition of a surcharge for a discharge that does not
meet the applicable prohibitions, limitations or requirements be construed as authorizing
the illegal discharge or otherwise excuse a violation of this Chapter.
28.22.05. Billing and Collection of IPP Fees
User Permit application fees shall be due upon submission of permit applications. Except as
otherwise required by the Director, all other IPP fees shall be due within thirty (30) days of the
date of the activity or service for which the fee is required. For fees not paid at the time of service,
the amount of the fee shall be added to the user’s sewage disposal service charges or billed
separately. IPP fees provided for by this Section, including, but not limited to, surcharges, shall be
billed, collected and enforced pursuant to the procedures as provided by the City for sewer service
charges, rates, and fees as provided Article IV of Chapter 27 of the City Code of Ordinances and
other applicable City laws or regulations.
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ARTICLE 23. SEWER SERVICE CHARGES, RATES, AND FEES
28.23.01. System to be operated on rate basis
From and after April 1, 1980, the wastewater system shall be operated and maintained, on the
rate basis as authorized by law and provided for in this Chapter.
28.23.02. Connection charges
A. The City Manager is hereby authorized, with the consent of the City Commission, to
determine and establish a schedule of construction charges for the various sizes and types
of sanitary sewer connections for each calendar year. Each schedule shall become effective
when approved by motion duly adopted by the City Commission. Such schedule of charges
shall be based on the following, as applicable:
(1) Recovery of all costs normally incurred for this type of construction.
(2) The size and length of pipe to be used for connection.
(3) Extra costs of construction during winter months.
(4) Repair or replacement of pavement and sidewalk.
(5) Exceptional surface repairs, including landscaping.
B. The Director may establish advance deposits for sanitary sewer connection construction
charges for each calendar year. Advance deposits toward sanitary sewer connection
construction charges established under this section shall be made before construction. Any
balance owed shall be due within 30 days after billing. Interest at the rate of 1% per month
shall be charged upon any delinquent unpaid balance. If such unpaid balance, with interest,
is not paid within six months, that fact shall be reported to the City Commission for the
establishment for a lien against the real estate.
28.23.03. Wastewater service charges to be charged for all connections; basis; meters
A. The rates to be charged for wastewater service furnished by the wastewater system shall
be charged to all buildings or premises having any connection with the system. Such rates
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shall be based upon the rate schedules adopted from time-to-time by resolution of the City
Commission as provided by Section 28.23.04 of this Chapter.
B. The owner of any building or premises receiving water from any source other than the City
water department shall register the same with the Director and shall arrange to have suitable
metering facilities installed at the owner’s sole expense to measure such private supply.
The meters shall be provided, maintained, and read by the water department, for which the
customer shall be charged the applicable water service charge in addition to the established
charges for wastewater services. In any interim period allowed by the Director prior to such
installation, the Director may establish such charges as deemed equitable by the Director,
considering the anticipated wastewater discharge.
C. Subject to other applicable laws and regulations, a user of the wastewater system may elect
to rearrange the water supply pipes and metering on the user’s premises, for the purpose of
eliminating from the total water consumption applicable to wastewater charges the water
not running to the sanitary sewers, or the user may elect to establish metering facilities
registering the discharge from the premises to the sanitary sewers. All such arrangements
shall be made subject to the approval of the Director, and the expense thereof, including
installation, maintenance, and operation, shall be borne by the user.
D. No statement contained in this section shall be construed as preventing any special

agreement or arrangement between the City and any industrial user whereby an industrial
waste of unusual strength or character may be accepted by the City for treatment. Any user
who enters into a special agreement or arrangement with the City shall be subject to all
user and industrial costs or fees established in the special agreement. No special agreement
shall be entered into which is in conflict with any other local, state, or federal law or
regulation.
28.23.04. Rate schedules established by City Commission; Additional charges
A. Each user of the treatment works shall pay the service charges, commodity charges,
quality/quantity charges, and other sewer service charges according to the rate schedules
and associated rate methodologies, conditions, and requirements as established and
adopted from time-to-time by resolution of the City Commission.
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B. In establishing the rates, the City Commission may consider factors including, but not
limited to, wastewater quantity; wastewater strength; the presence of infiltration/inflow;
the source of the wastewater (septage, dewatering, etc.); whether the wastewater is metered
or non-metered; meter size and type (individual or master); the amount of water from
public or private sources consumed; the amount of wastewater discharged; customer class
(retail, wholesale, residential, commercial, industrial, private, municipal, etc.); whether or
not the wastewater is monitored and/or tested by the City; whether the wastewater source
is located inside the City or outside the City; operation, maintenance, and repair costs;
capital costs; and such other factors determined necessary and appropriate by the City
Commission.
C. In addition to the above charges, each user shall pay the charges for miscellaneous service
and monitoring, as determined by the Director. The charges may be revised by the Director
whenever, in the Director’s opinion, it is deemed appropriate. All charges shall be paid to
the Department of Public Services, and all funds received as result of the miscellaneous
charges will be credited to the wastewater system receiving account.
D. Users will be notified at least once per year how much they are being charged for their
proportional operation, maintenance, and replacement costs, if required by applicable state
or federal laws or regulations.
E. The rates established under the authority of this section shall go into effect for sewer
service charge bills rendered on or after the date they are established from time-to-time by
resolution of the City Commission .
28.23.05. Classification of users for billing purposes
A. Users of the treatment works shall be divided into classes. Classes shall be groups of users
for which the wastewater characteristics are approximately equal and services provided are
essentially the same. Classes and subclasses of users shall be established from time-to-time
by resolution of the City Commission as determined relevant and appropriate by the City
Commission.
B. The user charges shall result in the distribution of operation, maintenance, and
replacement costs of the City’s wastewater system to each user class in proportion
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to such user's contribution of the total wastewater loading of the treatment works.
Factors such as strength, volume, and delivery flow rate characteristics shall be
included to ensure a proportional distribution of the costs. The Director may from
time-to-time establish additional user classes as are determined necessary by the
Director.
28.23.06. Applicability of demand charge to property not connected to sewer
Properties which have water service or a water supply and abut a sanitary sewer and have
not been connected thereto shall become liable for payment of the demand charge
established by resolution of the City Commission upon the expiration of a five-year period
following the date when the sanitary sewer was accepted by the City as being ready for use.
28.23.07. Billing; responsibility for payment
Wastewater service charges shall be billed quarterly, except that customers billed monthly
for water shall be billed monthly for the wastewater service charge. The person paying or
responsible for payment of the water bill shall, in like manner, be responsible for payment of the
wastewater service bill.
28.23.08. When due and payable; penalty and interest for delinquency
All charges for wastewater service shall become due and payable on the date indicated on each
bill. Payment made after such date shall include an additional 5% of the amount due on the due
date.
28.23.09. Charges as lien; collection by suit, discontinuing wastewater service for failure
to pay
A. The charges for wastewater service are hereby recognized to constitute a lien on the
premises receiving such service. This lien shall become effective immediately upon
providing wastewater service to the premises but shall be not enforceable for more than
three years after it becomes effective. Whenever any such charge against any property shall
be delinquent for three months, the City officials in charge of the collection thereof may
certify to the tax assessing officer of the City the fact of such delinquency, whereupon such
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charge shall be entered upon the next roll as a charge against such premises and shall be
collected and the lien thereof enforced in the same manner as general City taxes against
such premises are collected and the lien thereof enforced. Nothing in this section, however,
shall be deemed to prevent the City from suing in a court of law to collect the amount
due it for wastewater service charges as provided in Subsection C below. In addition to
the other remedies provided in this section, the City shall have the right to shut off and
discontinue the supply of water service to any premises for the nonpayment of wastewater
service charges when due in accordance with the procedure established in Subsection B
below.
B. If a charge for wastewater service prescribed by this article is not paid within 30 days after
the billing therefor, and after the customer has been given notice and an opportunity to
be heard as provided by law, all water service may be shut off and discontinued to the
customer owing or liable for such charge. Water service shut off pursuant to this section
shall not be restored until all sums due and owing have been paid in full, including a
collection fee in the amount and appropriate security deposits as established and
prescribed by resolution of the City Commission.
C. At its option the City may, in addition to the remedies above, in its corporate name, bring
suit in any court of competent jurisdiction for the collection of any wastewater service
charge which, 30 days after the billing therefor, has not paid. The production of the meter
record or cost record shall be prima facie evidence of the liability to pay the amount therein
shown to be due.
28.23.10. Disposition of revenue
A. The revenues of the wastewater system derived from the collection of rates established by
this article are hereby ordered to be credited, as collected, to a separate account to be
designated as the wastewater system receiving account (hereinafter referred to as the
receiving account) and the revenues in such account shall be credited to the following
accounts quarterly in the manner hereinafter specified for the purposes therein mentioned.
The revenues of the wastewater system may be deposited in such bank accounts and with
such depositories as the City Commission may, by resolution or ordinance designate.
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B. Out of the revenue in the receiving account, there shall be credited quarterly to a separate
account, designated as the operation and maintenance account, all funds collected from
user charges to be used for the administration and operation of the system, including
billing, accounting, postage and related costs, and such current expenses for the
maintenance thereof as may be necessary to preserve the same in good repair and working
order.
C. There shall next be established and maintained a separate account, designated as the debt
retirement account, which account shall be used solely and only for the purpose of paying
the principal of an interest on the bonds of the system as are now or may hereafter be
issued, except special assessment bonds. Any tax revenues designated for use in retiring
such bonds shall likewise be credited to this account as and when received. There shall be
set aside from time to time in such account at least a sufficient amount to meet the principal
and interest requirements accruing in the current fiscal year.
D. After all such funds have been credited as above provided, the revenues derived from the
charges collected and taxes designated as aforesaid may be used for the purpose of
construction, expansion, extension and improvement of the system.
E. Any surplus "capital charge" revenues remaining at the end of any fiscal year, after the
above requirements have been met, shall be credited to the system surplus account and
shall be disposed of as directed by the City Commission.
3. Severability. Sections of this Chapter shall be deemed severable and should any
section, clause or provision of this Chapter be declared to be invalid, the same shall not affect the
validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid.
178
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______________________________________________________________________________
______________________________________________________________________________
4. Saving Clause. The amendment or repeal by this Chapter of any ordinance or
ordinance provision shall have no effect upon prosecutions commenced prior to the effective date
of this Chapter or prosecutions based upon actions taken by any person prior to the effective date
of this Chapter. Those prosecutions shall be conducted under the ordinance provisions in effect
prior to the effective date of this Chapter.
5. Conflict. Except as otherwise expressly provided, the provisions of this Chapter
shall control in the event of any inconsistency or conflict between this Chapter and any other
provision of any other Ordinance of the City.
Adopted this __________ day of __________________, 2023, by the City Commission, City of
Kalamazoo, Michigan.
On roll call, the vote was:
Yeas:
Nays:
____________________________
By: ____________________________
Certification
179
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______________________________________________________________________________
______________________________________________________________________________
I, ____________________, Clerk of the City of Kalamazoo, Michigan, do hereby certify that the
foregoing is a true copy of the ordinance adopted by the City of Kalamazoo City Commission at a
regular meeting held on _________________ , 2023, at ______________________, and that it
was published in _______________ on ________________ , 2023.
______________________ , Clerk
180
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Date: 10/2/2023
Agenda Report
City of Kalamazoo

Reviewed by: Antonio Mitchell, Director - CPED
Prepared by: Christina Anderson, City Planer & Deputy Director - CPED &
Sharilyn Parsons, Community Development Manager
SUBJECT: First Reading for Updates to the Emergency Housing Ordinance
RECOMMENDATION:
City staff supports the first reading of this ordinance amendment.
BACKGROUND:
In 2021, the City of Kalamazoo approved an Ordinance to amend Municipal Code Chapter 9
Buildings and Building Regulations to create Article 8 Emergency Housing. This Ordinance set
forth parameters to allow the development of temporary emergency housing throughout
Kalamazoo by housing service providers. This Ordinance was created with a sunset date of
December 1, 2023. Since its adoption, no temporary emergency housing has been developed,
though several housing providers have considered how it could be done. With this Ordinance set
to expire this fall and the high need for housing remaining, City staff have proposed the
Ordinance's sunset be extended and updates be made to the Ordinance text.
Extension of Sunset Date. After speaking with housing partners, the two-year sunset window to
fund, development, and manage temporary emergency housing presented a challenge. A longer
sunset period would provide more time to develop this challenging type of housing and give
more time to implement it. In the draft Ordinance update, staff propose an extension of the
Emergency Housing provisions until April 30, 2029. This is an extension of five years plus one
additional winter. One housing provider is close to being able to develop under this Ordinance, if
the sunset is extended; City staff hope that with the extension of five plus years, other housing
providers will also move forward with projects.
Text Edits to Ordinance. The extension of the Ordinance to five plus years resulted in some staff
questions and concerns about project implementation. The Ordinance was set up in 2021 to allow
the development of temporary emergency shelter units with a light site review process. The
thought behind the lighter process was that these shelter units are intended to be temporary
Fax: 269.337.8182
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Page 2
emergency housing for a period of two years and did not need the rigorous review of a
permanent housing development. Extending the sunset of the Ordinance to five plus years starts
to blur temporary emergency housing with housing that is more permanent. To balance these
concerns, staff has added to the Ordinance a phased implementation of occupants for larger
projects (more than 20 shelter units) aligned with site inspections. This occupant phasing allows
the housing provider time to review and adjust staffing, programs, or physical site needs as the
project grows to capacity and allows the City time to confirm that the development meets codes
and safety requirements as the project grows to reach capacity. This approach helps to bridge the
gap between a light review for a temporary emergency housing project and the lengthy, full
review for permanent projects. The phasing in the draft Ordinance allows up to twenty (20)
shelter units to be occupied initially. Each subsequent twenty (20) shelter occupants can be
added with a passed inspection, with inspections occurring every six-months. This would mean a
project with sixty shelter units, could have all shelter units constructed and/or occupied after 12
months and two passed inspections.
Staff also proposes a few changes to the Ordinance language on the required Memorandum of
Understanding (MOU) between the housing provider, the City, and the property owner, if it is a
third party. Several of these changes came about after speaking with a local housing provider.
These changes are less about content, and more about clarity and phrasing of MOU elements.
Another change to the MOU language is tied to the addition of phasing-in larger temporary
emergency housing. This change in text notes that the phasing plan for a project must be detailed
in the MOU, including number of phases, additional shelter units or occupants per phase, and the
need for additional community services or staffing to support each phase. The final change in
this section details that the MOU for projects with greater then twenty (20) shelter units will be
presented for informational purposes to the City Commission. City staff believe this step is
necessary to support transparency and accountability with the community at-large.

Safe Community- Creating a safe environment for living, working, and playing.
Shared Prosperity - Abundant opportunities for all people to prosper.
The need for more housing, of all types and price points, is a stated need in the 2025 Master
Plan, supported by the Strategic Vision. This Ordinance and the proposed update specifically
align with good governance, safe community, and shared prosperity goals.
Fax: 269.337.8182
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Page 3
Discussion: City staff released a draft of the updated Ordinance for public review. The draft was
shared with many housing providers directly, which led to several conversations with City staff
and edits to the proposed Ordinance. City staff also made a presentation at a Committee of the
Whole meeting in September and October.
FISCAL IMPACT:
There is not an immediate fiscal impact associated with the updates to this existing Ordinance.
Fax: 269.337.8182
Page 270 of 885

ORDINANCE NO. ________________
AN ORDINANCE TO AMEND ARTICLE VIII, “EMERGENCY HOUSING OF CHAPTER 9,

“BUILDINGS AND BUILDING REGULATIONS” TO ADD ARTICLE VIII, “EMERGENCY
HOUSING”OF THE KALAMAZOO CITY CODE
THE CITY OF KALAMAZOO ORDAINS:
Section 1. Article VIII, “Emergency Housing” of Chapter 9, “Buildings and Building Regulations”
of the Kalamazoo City Code is amended to add Article VIII, “Emergency Housing” to reads as
follows:
§ 9-351 Purpose.
A. The City Commission recognizes that homelessness is an ongoing problem within the City
due to the rise in the number of homeless individuals in the Kalamazoo area, the lack of
housing options for homeless individuals, and a lack of safe temporary or transitional
housing until more permanent options can be found. and that As a result, a need exists for
places where persons experiencing homelessness can go for emergency shelter.
B. The City Commission pursuant to § 13(b) of the City Charter, declares that addressing the
problem of homelessness to be an emergency due to the rise in the number of homeless
individuals in the Kalamazoo area, the lack of housing options for homeless individuals who
choose to or cannot stay at traditional homeless shelters, and a lack of safe temporary or
transitional housing until more permanent options can be found.
C.B.Nonprofit, religious, and other service providers within the City have demonstrated a
willingness to provide temporary shelters to address this emergency need. To ensure that
temporary emergency shelters provide a safe environment for those using them, certain fire
and life safety matters must be addressed when providing or operating a temporary
emergency shelter.
DC. The City, other governmental units and agencies, religious and nonprofit organizations,
and homeless service providers need to work together to ensure that both those who are
experiencing homelessness and utilizing temporary emergency shelters, and those
property owners and residents neighboring a temporary emergency housing facility are
safe, and potential negative effects are limited.
§ 9-352 Definitions.
“Cooking facilities” means facilities for the storage, preparation, and cooking of food, including
fixtures, appliances, counters, cabinets, sinks, plumbing or wiring integrated and used for the
installation of such facilities that are included as part of a temporary emergency shelter in its
manufacture or construction. “Cooking facilities" shall also include an electric kettle that can only
be used for heating water and a coffee maker. “Cooking facilities” do not include small
appliances such as toaster ovens, electric fry pans, hot plates, electric rice cookers, crock pots,
Page 271 of 885

electric woks, and electric grills and griddles, camping or other portable stoves, or grills and
barbeques.
“Governmental unit or agency” means a governmental unit or agency engaged in aiding and
assisting homeless persons.
“Homeless services provider” means a charitable organization whose primary objectives are
aiding and assisting homeless persons.
“Lot” means that term as it is defined in Section 12.3 of Appendix A, “Zoning Ordinance”,
“Nonprofit organization” means a charitable or other legal entity organized and operated for a
collective, public, or social benefit that assists disadvantaged or homeless persons in obtaining
housing.
“Property Owner” means the owner of property where a temporary housing facility is, or is
proposed to be, located.
"Religious organization" means churches, mosques, synagogues, temples, nondenominational
ministries, interdenominational and ecumenical organizations, mission organizations, faith-
based social agencies, and other entities whose principal purpose is the study, practice, or
advancement of religion, as well as engaging in charitable purposes including but not limited to
aiding homeless persons.
“Service amenities” means restrooms, handwashing stations, shower and bathing or other
amenities that are provided by the service provider as required or permitted by § 9-356(E).
“Service provider” means a nonprofit organization, religious organization, governmental unit or
agency, or homeless service provider as those terms are defined in this Article.
“Temporary emergency shelter” or “shelter” means a small, enclosed structure, other than a
tent, vehicle, recreational vehicle, or camping trailer, for the occupancy of one or more persons
that meets the provisions of § 9-356, and which provides temporary living space that is capable
of being dismantled or moved and is not permanently affixed to the ground or connected to the
municipal water or sewer system through a connection other than a permitted temporary
connection.
“Temporary emergency housing facility” or “facility” means 1 or more lots, within the City upon
which is located one or more temporary emergency shelters by a service provider that complies
with § 9-356 and is consistent with all other provisions of this Article.
“Temporary service structure” means a structure that is capable of being dismantled and
moved and is not permanently affixed to the ground or connected to the municipal water or
sewer system through a connection other than a permitted temporary connection in which are
provided service amenities. Service structure does not include a building that existed at the time
a temporary housing facility is established and that is used to provide service amenities.
§ 9-353 Permits
A. Permit required. Any service provider desiring to establish or operate a temporary

emergency housing facility shall obtain a permit from the City.
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B. Application process. Permit applications shall be submitted on forms provided by the
Department of Community Planning and Economic Development.
C. Facility plan. Applications shall be accompanied by a plan that includes a sketch or

drawing of the proposed temporary emergency housing facility per the permit application
requirements.
D. Cost of permit. There shall be no cost for review of the facility plan, nor for permits
issued under this emergency ordinance. Costs may be assessed for other permits
required under this Code of Ordinances.
E. Permit Review and approval. The Director of the Department of Community Planning
and Economic Development or their designee will review the permit application and
accompanying materials and approve, approve with conditions, or deny the permit
within 30 days of receipt of a complete permit application. Approvals are subject to:
(1) Memorandum of understanding. The service provider, the property owner, and
the City entering a memorandum of understanding that complies with § 9-355.
(2) Other permits. The service provider obtaining all building, mechanical, electrical,
plumbing, or other permits that may be required by this Code of Ordinances.
(3) Informational meeting. The service provider will hold a public informational
meeting as part of the permit review process. The meeting must be advertised at
least seven (7) days in advance of the date by the following methods:
(a) Notice to the Neighborhood Association (if one exits) where the proposed
facility will be located.
(b) Notice to adjacent property owners and occupants within 300’ of the
proposed facility. Public Meeting Notice may be hand delivered or mailed.
F. Appeal of permit denial. A service provider may appeal the denial of a permit to the
City Manager by filing a written notice of appeal within 10 business days of the date of
denial of a permit. The City Manager or their designee shall address the appeal within
10 business days from the date of receipt of the notice of appeal. The notice of appeal
shall identify the reason or reasons for reversal of the permit denial. The City Manager
will consider the appeal and make a decision affirming, rejecting, or modifying the
denial being appealed. In considering any such appeal, the City Manager may
consider the recommendations of City staff and the written comments of other persons
having knowledge of the matter. In considering all such appeals, the City Manager
may grant a variance from the terms of this Article to provide relief, in whole or in part
from the action being appealed, but only upon finding that the following requirements
are satisfied:
(1) The application of the provisions of this Article being appealed will present or
cause unreasonable difficulties for the provider of the proposed temporary
emergency housing facility; and
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(2) The granting of the relief requested will substantially achieve the goals and
purposes sought to be accomplished by this Article.
§9-354 Final Inspection Prior to Opening.
Final Inspection and Certificate of Completion. Before a temporary housing facility may
open and begin operation, the Director of the Department of Community Planning and
Economic Development or their designee shall conduct a final inspection of the facility to
ensure that the facility is in compliance with this Article and Code of Ordinances prior to
issuing a Certificate of Completion.
§9-355 Memorandum of understanding.
A. Memorandum required. The service provider seeking a permit under this Article and, if
the service provider does not own the property, the owner of the property where the
emergency housing facility is proposed to be located shall enter a memorandum of
understanding with the City before a permit is issued and at the beginning of
construction and/or operation of the temporary emergency housing facility. The
memorandum of understanding will address issues that will protect the public health and
safety of both the residents of the temporary emergency housing facility and the
residents of the City.
B. Minimum Requirements. At a minimum, the memorandum of understanding must include

information regarding:
(1) Number of Facility Occupants. The maximum number of occupants permitted at a

facility at any one time will be agreed to through the memorandum of
understanding. In reviewing the proposed number of occupants, the following
factors will be considered.
a. Facility location.
b. Level of on-site and/or 24-hour staffing.
c. Facility layout.
d. Access to transit and adjacent services and/or daily needs.
e. Capacity of service provider.
f. Phasing details. If a phased approach to the facility to occupancy or development
is planned, each phase must be detailed in the facility plan, and the needed
capacity of the service provider (budget, staff, etc) for each phase detailed.
g. All other provisions of the memorandum of understanding regarding
management, operations, and community living guidelines.
(2) How the residents will be able to access social services on the site of the facility.
(3) Contact information for the person responsible for managing the temporary
emergency housing facility. The service provider shall immediately update the
Director of the Department of Community Planning and Economic Development
with this information in the event the manager or their contact information changes.
(4) A plan for management, operations, and community living guidelines of the facility,
including the following:
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a. Minimum/maximum length of stay.
b. Termination of occupancy policy.
c. Warning and infraction policy.
d. Alcohol & drug use policy Code of conduct.
e. Visitor policy.Community agreement.
f. Bicycle or Vehicle allowance and parking.
g. Pet allowances, including type and number permitted, pet registration, and
veterinary care.
h. Quiet hours.
i. The security measures that will be implemented at the facility, including but not
limited to 24-hour staffing, secured entrances, or controlled access management.
j. How the shelters and the immediate space surrounding each shelter will be
maintained between occupants, including but not limited to cleaning and review
of all mechanical equipment and other elements to ensure that the equipment
and elements are in a safe and operable condition.
k. How the shelters and the immediate space surrounding each shelter will be
maintained when occupants are not turning over, including but not limited to the
interval for cleaning and/or review of mechanical equipment and other elements
to ensure safe and operable condition.
l. How the facility will be maintained through inclement weather to ensure

emergency access.
m. A plan for the collection and sharing of incidents/accident reports and resulting
action plan(s) to mitigate future incidents and accidents.
n. How the residents can directly interact with the service provider, including how
residents can express concerns regarding the management of the facility to the
service provider.
(5) An acknowledgement requirement that the service provider work with the local
agencies administering the homeless client management information system.
(6) An acknowledgement Tthat the service provider will not refuse to host any resident
or prospective resident because of age, sex, marital status, sexual orientation, race,
creed, color, gender identity, national origin, honorably discharged veteran or
military status, or the presence of any sensory, mental, or physical disability or the
use of a service animal by a person with a disability
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(7) An acknowledgement of the termination date of this Article set forth at § 9-357 and
a plan for removing the temporary emergency shelters, service amenity structures,
other infrastructure, and refuse, junk, and debris from the facility.
(8) An acknowledgement that the management and operation of the temporary housing
facility will be made consistent with Chapter 18 “Nondiscrimination” of this Code of
Ordinances.
(9) An acknowledgment that the Director of Community Planning and Economic

Development or their designee may from time to time inspect the temporary housing
facility to ensure compliance with this Article and Code of Ordinances consistent
with § 9-356(L).
(10) An acknowledgement by the service provider that it will be solely responsible for
the management and operation of the temporary emergency housing facility, will
assume all liability in connection with the management and operation of the
temporary emergency housing facility, and will indemnify and hold the City of
Kalamazoo harmless from all liability, expense, judgement, suit, cause of action, or
demand for personal injury, death, or damage to property caused by the service
provider, its employees, agents, assignees, or occupants of the temporary housing
facility, or that otherwise arise in connection with the management and operation of
the temporary housing facility.
(11) An acknowledgement by the property owner that the property owner will indemnify
and hold the City of Kalamazoo harmless from all liability, expense, judgement, suit,
cause of action, or demand for personal injury, death, or damage to property
caused by the property owner, its employees, agents, and assignees.
(12) An acknowledgment that the service provider owns and controls the property where
the proposed temporary emergency housing facility is to be located with
documentation verifying that acknowledgement attached to the memorandum of
understanding. Alternatively, an acknowledgement by the service provider and the
property owner that the service provider is authorized to locate and operate a
temporary emergency housing facility on the property where the proposed
temporary housing facility is proposed to be located with documentation verifying
that acknowledgement attached to the memorandum of understanding.
(13) An acknowledgement by the service provider and the property owner that in all
respects in connection with the construction, operation, and management of the
temporary emergency housing facility the service provider and property will comply
with the Kalamazoo City Code.
(1014) Memorandum of Understanding Approval.
a. The memorandum of understanding must be signed by an authorized

representative of the service provider and the property owner, and the Kalamazoo
City Manager or the designee of the City Manager.
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b. For all facilities with more than twenty (20) shelters, staff will present the
memorandum of understanding for informational purposes to the City Commission.
§ 9-356 Temporary emergency housing facilities and temporary emergency shelters.
The following provisions apply to temporary emergency housing facilities and temporary
emergency shelters:
A. Location. Temporary emergency housing facilities and temporary emergency shelters must
be located on property owned or controlled by a service provider granted a permit under
this Article.
B. Quantity of Units & Phasing. Any temporary emergency housing facilities planned to have
more than twenty (20) shelters will take a phased approach to installationoccupancy or
development.
(1) Phasing plans for shelter residentss, service amenities, and/or other improvements will
be detailed in the initial Facility Plan and MOU, including the proposed budget and staffing
capacity of the service provider for each additional phase.
(2) The initial phase may include up to twenty (20) shelter occupants.
(3) Each subsequent phase after the initial build-outphase may include up to another
twenty (20) shelters occupants, the quantity per phase will be determined detailed in the
MOU.
(34) Timing for Additional Phases.
Additional phases may be installed after two (2) passed inspections (see M. Inspections
below) and a period of no less than 365 days.
a. The first second phase may be installed after two (2) one (1) passed inspections
(see MN. Inspections below) and a period of no less than 365 180 days.
b. Subsequent Each additional phases may be installed after one (1) passed inspection
and an additional period of not more than 365 180 days.
(45) (3) Address identification shall be provided in approved locations to facilitate

emergency response.
C. Construction and compliance with Codes. Temporary emergency shelters shall have a
means of heating the shelter and the shelter must be constructed or installed, and any
utilities and cooking facilities provided to the shelter must be connected, consistent with the
building, mechanical, electrical, and fire codes of this Code of Ordinances.
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CD. Improved Surface. A temporary emergency housing facility will provide improved surfaces
for ingress and egress, and for parking areas and walkways within the facility.
DE. Distance between shelters and structures. If a shelter or structure is under 200 square feet
in area, a separation distance of 10’ will be required between the shelter or structure and
another shelter or structure. The distance between shelters or structures 200 square feet or
larger and another shelter or structure shall be determined as provided in the Building
Code. Shelters and structures shall be setback at least 20 feet from the property line of the
lot upon which they are located.
EF. Shelter Occupancy. The permitted occupancy of each shelter will be based upon
manufacturer or design specifications.
FG. Doors, windows, and locks. Doors and windows of the temporary emergency shelter must
be included and be lockable. The service provider shall possess keys to each temporary
emergency shelter and temporary service structure. These keys must be kept in a knoxbox
or other secured key vault with access provided to the Kalamazoo Department of Public
Safety.
GH. Fire Extinguisher. Every temporary emergency structure and shelter shall have its own
fire extinguisher and smoke detector.
HI. Cooking. Cooking within a shelter is prohibited unless the shelter is equipped with cooking
facilities and has approved temporary connections to municipal water, sewer, and electrical
utilities. An electric kettle that can only be used for the heating of water and a coffee maker
are permitted.
IJ. Outdoor Storage of Personal Items. Outdoor storage of personal items is not permitted,
except for personal vehicles or bicycles which are permitted in designated parking areas.
JK. Temporary Service structures and service amenities. If the temporary emergency shelters
in the temporary housing facility are not connected to a municipal water and sewer system
the service provider shall make available service amenities including restrooms,
handwashing stations, shower and bathing facilities, and potable running water, including
accommodations for black water, sufficient for the number of persons that may be
accommodated by the temporary housing facility. Adequate service amenities may be
inside a temporary service structure or an existing structure onsite, or may be portable
facilities, provided that those facilities are available at all times of day and night.
KL. Temporary Service Structures for Social Services. The service provider may utilize a
temporary service structure or portion of an existing structure on site for the provision of
social services to residents of the temporary emergency housing facility.
LM. Legal limitations of property owners and individuals seeking temporary shelter. Nothing in
the Article shall be construed as:
(1) Authorizing a continuing nonconforming use under City zoning ordinance; the use of
property for a temporary emergency housing facility is authorized under the City’s
police powers and does not grant the property owner any future right to maintain the
use otherwise in violation of the City Zoning Code,
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(2) Granting a person using and occupying a temporary emergency shelter a right of
tenancy; the use of shelter under this Article is a revocable license and does not
grant any property or tenancy rights.
MN. Inspections. The Building Official, City Planner, and/or their designee will inspect the
temporary emergency housing facility, temporary emergency shelters, and temporary
service structures to ensure compliance with the Memorandum of Understanding, this
Article, and Code of Ordinances.
(1) Inspections will occur at intervals no greater than 180 days.
(2) 24-hour nNotice of the need to schedule inspections will be given to the person
responsible for managing the temporary housing facility via email and telephone using the
contact information provided by the service provider.
(3) A new Certificate of Completion will be granted to the service provider with each
inspection passed.
§ 9-357 Termination or Revocation.
This Article will terminate and no longer remain in effect after April 30, 2029. Upon termination
of this Article, or revocation of a permit pursuant to § 9-358, any person or entity operating a
temporary emergency housing facility shall immediately remove all temporary emergency
shelters, temporary support structures, support amenities and related infrastructure, along with
all refuse, junk, and debris from the premises where the temporary emergency housing facility is
situated. The removal of any building or structure that existed prior to the establishment of the
temporary housing facility will not be required. Failure to remove such items as required by this
section shall be deemed a public nuisance. The provisions of this section notwithstanding, the
temporary emergency housing facility may continue operation upon the termination of this
Article if then authorized by another provision of this code.
§ 9-358 Penalties.
Any violation of this Article, including a failure to carry out any of the terms and provisions of the
memorandum of understanding, will be grounds for revocation by the Director of the Department
of Community Planning and Economic Development of a permit issued pursuant to § 9-353, and
is a municipal civil infraction punishable by a fine of $500.00 which may be levied against the
service provider and property owner, and/or any owner, president, legal representative, director,
board member, or manager of the service provider or property owner. Each day of unlawful
operation constitutes a new and separate offense.
Section 2. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional by any Court of competent jurisdiction, said portion shall
be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 3. Effective Date.
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Pursuant to Section 13(b) of the City Charter, upon an affirmative of 5 votes of the City
Commission this emergency ordinance shall take immediate effect on the date of its passage.
CERTIFICATE
The foregoing is a true and complete copy of an ordinance adopted by the City
Commission of the City of Kalamazoo at a regular meeting held on ______________, 2023.
Public notice was given, and the meeting was conducted in full compliance with the Open
Meetings Act, (PA 267,1976). Minutes of the meeting will be available as required by the Act,
and the ordinance was duly recorded, posted, and authenticated by the Mayor and City Clerk as
required by the Charter of said City.
_________________________________
David F. Anderson, Mayor
_________________________________
10
Page 280 of 885

ORDINANCE NO. ________________
AN ORDINANCE TO AMEND ARTICLE VIII, “EMERGENCY HOUSING OF CHAPTER 9, “BUILDINGS AND

BUILDING REGULATIONS” OF THE KALAMAZOO CITY CODE
Section 1. Article VIII, “Emergency Housing” of Chapter 9, “Buildings and Building Regulations” of the
Kalamazoo City Code is amended to reads as follows:
§ 9-351 Purpose.
A. The City Commission recognizes that homelessness is an ongoing problem within the City due to the rise
in the number of homeless individuals in the Kalamazoo area, the lack of housing options for homeless
individuals, and a lack of safe temporary or transitional housing until more permanent options can be
found. As a result, a need exists for places where persons experiencing homelessness can go for
emergency shelter.
B. Nonprofit, religious, and other service providers within the City have demonstrated a willingness to provide
temporary shelters to address this emergency need. To ensure that temporary emergency shelters
provide a safe environment for those using them, certain fire and life safety matters must be addressed
when providing or operating a temporary emergency shelter.
C. The City, other governmental units and agencies, religious and nonprofit organizations, and homeless
service providers need to work together to ensure that both those who are experiencing homelessness
and utilizing temporary emergency shelters, and those property owners and residents neighboring a
temporary emergency housing facility are safe, and potential negative effects are limited.
§ 9-352 Definitions.
“Cooking facilities” means facilities for the storage, preparation, and cooking of food, including fixtures,
appliances, counters, cabinets, sinks, plumbing or wiring integrated and used for the installation of such
facilities that are included as part of a temporary emergency shelter in its manufacture or construction.
“Cooking facilities" shall also include an electric kettle that can only be used for heating water and a coffee
maker. “Cooking facilities” do not include small appliances such as toaster ovens, electric fry pans, hot plates,
electric rice cookers, crock pots, electric woks, and electric grills and griddles, camping or other portable
stoves, or grills and barbeques.
“Governmental unit or agency” means a governmental unit or agency engaged in aiding and assisting
homeless persons.
“Homeless services provider” means a charitable organization whose primary objectives are aiding and
assisting homeless persons.
“Lot” means that term as it is defined in Section 12.3 of Appendix A, “Zoning Ordinance”,
“Nonprofit organization” means a charitable or other legal entity organized and operated for a collective, public,
or social benefit that assists disadvantaged or homeless persons in obtaining housing.
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“Property Owner” means the owner of property where a temporary housing facility is, or is proposed to be,
located.
"Religious organization" means churches, mosques, synagogues, temples, nondenominational ministries,
interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, and
other entities whose principal purpose is the study, practice, or advancement of religion, as well as engaging in
charitable purposes including but not limited to aiding homeless persons.
“Service amenities” means restrooms, handwashing stations, shower and bathing or other amenities that are
provided by the service provider as required or permitted by § 9-356(E).
“Service provider” means a nonprofit organization, religious organization, governmental unit or agency, or
homeless service provider as those terms are defined in this Article.
“Temporary emergency shelter” or “shelter” means a small, enclosed structure, other than a tent, vehicle,
recreational vehicle, or camping trailer, for the occupancy of one or more persons that meets the provisions of
§ 9-356, and which provides temporary living space that is capable of being dismantled or moved and is not
permanently affixed to the ground or connected to the municipal water or sewer system through a connection
other than a permitted temporary connection.
“Temporary emergency housing facility” or “facility” means 1 or more lots, within the City upon which is located
one or more temporary emergency shelters by a service provider that complies with § 9-356 and is consistent
with all other provisions of this Article.
“Temporary service structure” means a structure that is capable of being dismantled and moved and is not
permanently affixed to the ground or connected to the municipal water or sewer system through a connection
other than a permitted temporary connection in which are provided service amenities. Service structure does
not include a building that existed at the time a temporary housing facility is established and that is used to
provide service amenities.
§ 9-353 Permits
A. Permit required. Any service provider desiring to establish or operate a temporary emergency housing
facility shall obtain a permit from the City.
B. Application process. Permit applications shall be submitted on forms provided by the Department of
Community Planning and Economic Development.
C. Facility plan. Applications shall be accompanied by a plan that includes a sketch or drawing of the
proposed temporary emergency housing facility per the permit application requirements.
D. Cost of permit. There shall be no cost for review of the facility plan, nor for permits issued under this
emergency ordinance. Costs may be assessed for other permits required under this Code of
Ordinances.
E. Permit Review and approval. The Director of the Department of Community Planning and Economic
Development or their designee will review the permit application and accompanying materials and
approve, approve with conditions, or deny the permit within 30 days of receipt of a complete permit
application. Approvals are subject to:
(1) Memorandum of understanding. The service provider, the property owner, and the City entering
a memorandum of understanding that complies with § 9-355.
(2) Other permits. The service provider obtaining all building, mechanical, electrical, plumbing, or
other permits that may be required by this Code of Ordinances.
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(3) Informational meeting. The service provider will hold a public informational meeting as part of
the permit review process. The meeting must be advertised at least seven (7) days in advance
of the date by the following methods:
(a) Notice to the Neighborhood Association (if one exits) where the proposed facility will be
located.
(b) Notice to adjacent property owners and occupants within 300’ of the proposed facility.
Public Meeting Notice may be hand delivered or mailed.
F. Appeal of permit denial. A service provider may appeal the denial of a permit to the City Manager by
filing a written notice of appeal within 10 business days of the date of denial of a permit. The City
Manager or their designee shall address the appeal within 10 business days from the date of receipt
of the notice of appeal. The notice of appeal shall identify the reason or reasons for reversal of the
permit denial. The City Manager will consider the appeal and make a decision affirming, rejecting, or
modifying the denial being appealed. In considering any such appeal, the City Manager may consider
the recommendations of City staff and the written comments of other persons having knowledge of
the matter. In considering all such appeals, the City Manager may grant a variance from the terms of
this Article to provide relief, in whole or in part from the action being appealed, but only upon finding
that the following requirements are satisfied:
(1) The application of the provisions of this Article being appealed will present or cause
unreasonable difficulties for the provider of the proposed temporary emergency housing facility;
and
(2) The granting of the relief requested will substantially achieve the goals and purposes sought to
be accomplished by this Article.
§9-354 Final Inspection Prior to Opening.
Final Inspection and Certificate of Completion. Before a temporary housing facility may open and begin
operation, the Director of the Department of Community Planning and Economic Development or their
designee shall conduct a final inspection of the facility to ensure that the facility is in compliance with
this Article and Code of Ordinances prior to issuing a Certificate of Completion.
§9-355 Memorandum of understanding.
A. Memorandum required. The service provider seeking a permit under this Article and, if the service
provider does not own the property, the owner of the property where the emergency housing facility is
proposed to be located shall enter a memorandum of understanding with the City before a permit is
issued and at the beginning of construction and/or operation of the temporary emergency housing
facility. The memorandum of understanding will address issues that will protect the public health and
safety of both the residents of the temporary emergency housing facility and the residents of the City.
B. Minimum Requirements. At a minimum, the memorandum of understanding must include information

regarding:
(1) Number of Facility Occupants. The maximum number of occupants permitted at a facility at any one
time will be agreed to through the memorandum of understanding. In reviewing the proposed
number of occupants, the following factors will be considered.
a. Facility location.
b. Level of on-site and/or 24-hour staffing.
c. Facility layout.
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d. Access to transit and adjacent services and/or daily needs.
e. Capacity of service provider.
f. Phasing details. If a phased approach to occupancy or development is planned, each phase
must be detailed in the facility plan, and the needed capacity of the service provider (budget,
staff, etc) for each phase detailed.
g. All other provisions of the memorandum of understanding regarding management, operations,
and community living guidelines.
(2) How the residents will be able to access social services on the site of the facility.
(3) Contact information for the person responsible for managing the temporary emergency housing
facility. The service provider shall immediately update the Director of the Department of
Community Planning and Economic Development with this information in the event the manager or
their contact information changes.
(4) A plan for management, operations, and community living guidelines of the facility, including the
following:
a. Minimum/maximum length of stay.
b. Termination of occupancy policy.
c. Warning and infraction policy.
d. Code of conduct.
e. Community agreement.
f. Bicycle or Vehicle allowance and parking.
g. Pet allowances, including type and number permitted, pet registration, and veterinary care.
h. Quiet hours.
i. The security measures that will be implemented at the facility, including but not limited to 24-
hour staffing, secured entrances, or controlled access management.
j. How the shelters and the immediate space surrounding each shelter will be maintained between
occupants, including but not limited to cleaning and review of all mechanical equipment and
other elements to ensure that the equipment and elements are in a safe and operable condition.
k. How the shelters and the immediate space surrounding each shelter will be maintained when
occupants are not turning over, including but not limited to the interval for cleaning and/or review
of mechanical equipment and other elements to ensure safe and operable condition.
l. How the facility will be maintained through inclement weather to ensure emergency access.
m. A plan for the collection and sharing of incidents/accident reports and resulting action plan(s) to
mitigate future incidents and accidents.
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n. How the residents can directly interact with the service provider, including how residents can
express concerns regarding the management of the facility to the service provider.
(5) An acknowledgement that the service provider work with the local agencies administering the
homeless client management information system.
(6) An acknowledgement that the service provider will not refuse to host any resident or prospective
resident because of age, sex, marital status, sexual orientation, race, creed, color, gender identity,
national origin, honorably discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a service animal by a person with a disability
(7) An acknowledgement of the termination date of this Article set forth at § 9-357 and a plan for
removing the temporary emergency shelters, service amenity structures, other infrastructure, and
refuse, junk, and debris from the facility.
(8) An acknowledgement that the management and operation of the temporary housing facility will be
made consistent with Chapter 18 “Nondiscrimination” of this Code of Ordinances.
(9) An acknowledgment that the Director of Community Planning and Economic Development or their
designee may from time to time inspect the temporary housing facility to ensure compliance with
this Article and Code of Ordinances consistent with § 9-356(L).
(10) An acknowledgement by the service provider that it will be solely responsible for the management
and operation of the temporary emergency housing facility, will assume all liability in connection
with the management and operation of the temporary emergency housing facility, and will
indemnify and hold the City of Kalamazoo harmless from all liability, expense, judgement, suit,
cause of action, or demand for personal injury, death, or damage to property caused by the service
provider, its employees, agents, assignees, or occupants of the temporary housing facility, or that
otherwise arise in connection with the management and operation of the temporary housing
facility.
(11) An acknowledgement by the property owner that the property owner will indemnify and hold the
City of Kalamazoo harmless from all liability, expense, judgement, suit, cause of action, or demand
for personal injury, death, or damage to property caused by the property owner, its employees,
agents, and assignees.
(12) An acknowledgment that the service provider owns and controls the property where the proposed
temporary emergency housing facility is to be located with documentation verifying that
acknowledgement attached to the memorandum of understanding. Alternatively, an
acknowledgement by the service provider and the property owner that the service provider is
authorized to locate and operate a temporary emergency housing facility on the property where the
proposed temporary housing facility is proposed to be located with documentation verifying that
acknowledgement attached to the memorandum of understanding.
(13) An acknowledgement by the service provider and the property owner that in all respects in
connection with the construction, operation, and management of the temporary emergency
housing facility the service provider and property will comply with the Kalamazoo City Code.
(14) Memorandum of Understanding Approval.
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a. The memorandum of understanding must be signed by an authorized representative of the
service provider and the property owner, and the Kalamazoo City Manager or the designee of the
City Manager.
b. For all facilities with more than twenty (20) shelters, staff will present the memorandum of
understanding for informational purposes to the City Commission.
§ 9-356 Temporary emergency housing facilities and temporary emergency shelters.
The following provisions apply to temporary emergency housing facilities and temporary emergency shelters:
A. Location. Temporary emergency housing facilities and temporary emergency shelters must be located on
property owned or controlled by a service provider granted a permit under this Article.
B. Quantity of Units & Phasing. Any temporary emergency housing facilities planned to have more than
twenty (20) shelters will take a phased approach to occupancy or development.
(1) Phasing plans for shelter residents, service amenities, and/or other improvements will be detailed in
the initial Facility Plan and MOU, including the proposed budget and staffing capacity of the service
provider for each additional phase.
(2) The initial phase may include up to twenty (20) shelter occupants.
(3) Each subsequent phase after the initial phase may include up to another twenty (20) shelters
occupants, the quantity per phase will be detailed in the MOU.
(4) Timing for Additional Phases.
a. The second phase may be installed after one (1) passed inspection (see N. Inspections below) and
a period of no less than 180 days.
b. Each additional phase may be installed after one (1) passed inspection and an additional period of
not more than 180 days.
(5) Address identification shall be provided in approved locations to facilitate emergency response.
C. Construction and compliance with Codes. Temporary emergency shelters shall have a means of heating
the shelter and the shelter must be constructed or installed, and any utilities and cooking facilities provided
to the shelter must be connected, consistent with the building, mechanical, electrical, and fire codes of this
Code of Ordinances.
D. Improved Surface. A temporary emergency housing facility will provide improved surfaces for ingress and
egress, and for parking areas and walkways within the facility.
E. Distance between shelters and structures. If a shelter or structure is under 200 square feet in area, a
separation distance of 10’ will be required between the shelter or structure and another shelter or
structure. The distance between shelters or structures 200 square feet or larger and another shelter or
structure shall be determined as provided in the Building Code. Shelters and structures shall be setback at
least 20 feet from the property line of the lot upon which they are located.
F. Shelter Occupancy. The permitted occupancy of each shelter will be based upon manufacturer or design
specifications.
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G. Doors, windows, and locks. Doors and windows of the temporary emergency shelter must be included
and be lockable. The service provider shall possess keys to each temporary emergency shelter and
temporary service structure. These keys must be kept in a knoxbox or other secured key vault with access
provided to the Kalamazoo Department of Public Safety.
H. Fire Extinguisher. Every temporary emergency structure and shelter shall have its own fire extinguisher
and smoke detector.
I. Cooking. Cooking within a shelter is prohibited unless the shelter is equipped with cooking facilities and
has approved temporary connections to municipal water, sewer, and electrical utilities. An electric kettle
that can only be used for the heating of water and a coffee maker are permitted.
J. Outdoor Storage of Personal Items. Outdoor storage of personal items is not permitted, except for
personal vehicles or bicycles which are permitted in designated parking areas.
K. Temporary Service structures and service amenities. If the temporary emergency shelters in the
temporary housing facility are not connected to a municipal water and sewer system the service provider
shall make available service amenities including restrooms, handwashing stations, shower and bathing
facilities, and potable running water, including accommodations for black water, sufficient for the number
of persons that may be accommodated by the temporary housing facility. Adequate service amenities may
be inside a temporary service structure or an existing structure onsite, or may be portable facilities,
provided that those facilities are available at all times of day and night.
L. Temporary Service Structures for Social Services. The service provider may utilize a temporary service
structure or portion of an existing structure on site for the provision of social services to residents of the
temporary emergency housing facility.
M. Legal limitations of property owners and individuals seeking temporary shelter. Nothing in the Article shall
be construed as:
(1) Authorizing a continuing nonconforming use under City zoning ordinance; the use of property for a
temporary emergency housing facility is authorized under the City’s police powers and does not
grant the property owner any future right to maintain the use otherwise in violation of the City
Zoning Code,
(2) Granting a person using and occupying a temporary emergency shelter a right of tenancy; the use
of shelter under this Article is a revocable license and does not grant any property or tenancy rights.
N. Inspections. The Building Official, City Planner, and/or their designee will inspect the temporary emergency
housing facility, temporary emergency shelters, and temporary service structures to ensure compliance
with the Memorandum of Understanding, this Article, and Code of Ordinances.
(1) Inspections will occur at intervals no greater than 180 days.
(2) Notice of the need to schedule inspections will be given to the person responsible for managing the
temporary housing facility via email and telephone using the contact information provided by the service
provider.
(3) A new Certificate of Completion will be granted to the service provider with each inspection passed.
§ 9-357 Termination or Revocation.
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This Article will terminate and no longer remain in effect after April 30, 2029. Upon termination of this Article, or
revocation of a permit pursuant to § 9-358, any person or entity operating a temporary emergency housing
facility shall immediately remove all temporary emergency shelters, temporary support structures, support
amenities and related infrastructure, along with all refuse, junk, and debris from the premises where the
temporary emergency housing facility is situated. The removal of any building or structure that existed prior to
the establishment of the temporary housing facility will not be required. Failure to remove such items as
required by this section shall be deemed a public nuisance. The provisions of this section notwithstanding, the
temporary emergency housing facility may continue operation upon the termination of this Article if then
authorized by another provision of this code.
§ 9-358 Penalties.
Any violation of this Article, including a failure to carry out any of the terms and provisions of the memorandum
of understanding, will be grounds for revocation by the Director of the Department of Community Planning and
Economic Development of a permit issued pursuant to § 9-353, and is a municipal civil infraction punishable by
a fine of $500.00 which may be levied against the service provider and property owner, and/or any owner,
president, legal representative, director, board member, or manager of the service provider or property owner.
Each day of unlawful operation constitutes a new and separate offense.
Section 2. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid
or unconstitutional by any Court of competent jurisdiction, said portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining portions of this
ordinance.
Section 3. Effective Date.
Pursuant to Section 13(b) of the City Charter, upon an affirmative of 5 votes of the City Commission this
emergency ordinance shall take immediate effect on the date of its passage.
CERTIFICATE
The foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City
of Kalamazoo at a regular meeting held on ______________, 2023. Public notice was given, and the meeting
was conducted in full compliance with the Open Meetings Act, (PA 267,1976). Minutes of the meeting will be
available as required by the Act, and the ordinance was duly recorded, posted, and authenticated by the Mayor
and City Clerk as required by the Charter of said City.
_________________________________
_________________________________
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Date: 10/2/2023
Agenda Report
City of Kalamazoo

Prepared by: Christina Anderson, AICP, City Planner/Deputy Director - CPED
SUBJECT: First Reading and Scheduling a Public Hearing for October 16, 2023, for
Ordinances Approving Text Amendments to Chapter 50 Zoning Ordinance &
Appendix A Zoning and Updates to the Zoning Map
RECOMMENDATION:
Staff supports the first reading and scheduling of a public hearing on October 16, 2023 for text
amendments to Chapter 50 Zoning and Appendix A Zoning and changes to the Zoning Map, as
well as related changes to Chapters 3, 7, 9, and 21 of the Kalamazoo City Code.
BACKGROUND:
This zoning update is part of the City's larger effort to overhaul its 2005 Zoning Code (found in
Appendix A). This work started in 2018, following the 2025 Master Plan, and has been done
incrementally or in small, focused sections at a time. These efforts at first focused on the biggest
barriers in the Code, (including removing nonconformances related to lot size and area from
most residential districts to make nearly all lots buildable), following Neighborhood Plans,
specific goals in Imagine Kalamazoo @ Work related to zoning, and other updates like those
related to cannabis. As the City completes an update, it moves the regulations out of the 2005
Zoning Code in Appendix A and moves them to the Chapter 50 Zoning Ordinance. This means
that there are currently regulations in two documents, but one is always getting smaller
(Appendix A) and one is growing (Chapter 50). The large package of Zoning Code edits before
the City Commission for review focuses on the commercial districts and related development
standards. These changes include both new text and updates to text that already exists in either
Appendix A or Chapter 50 Zoning Ordinance. These changes are also reflected in the Zoning
Map, which is seeing changes to nearly 2,000 properties.
The Planning Commission reviewed the proposed changes at their September 7th meeting, which
can be viewed HERE through the City's YouTube Channel. The staff's presentation in front of
the Planning Commission and the following public hearing was the culmination of over 6 months
of conversation and multiple rounds of edits based on the feedback received. City staff released
the first draft of this update to Chapter 50 and the Zoning Map this past winter. After several
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community meetings and additional research, staff made many changes to both the proposed
language in Chapter 50 and to the Zoning Map. The second draft was released in early June and
a community meeting was held at the end of June to discuss the changes. Additional feedback
was collected both from the community and internal City staff in July, which resulted in draft
three being released in early August. The fourth draft was released in the first week of
September. The Planning Commission unanimously recommended the proposed changes to the
zoning text and map to this board for approval.
Below is a brief summary of the updates by article.
How to Use These Regulations. This pre-code section details how one would use this document,
including where one looks for specific information. This was updated with references to map
links and to include the Natural Features Protection (NFP) Overlay District.
Article 1: General Requirements. This article saw many updates, including new definitions and a
reorganization of the definition section. The nonconforming standards that were located in
Appendix A are proposed to be moved to Chapter 50 with this work. This article references two
maps that are to be updated with this process. First, the proposed Zoning Map would replace the
existing map, upon approval, and the street type map will be updated to align with the Street
Design Manual.
Article 3: Zoning Districts & Map. This article has the new commercial and mixed-use zoning
district descriptions added. Existing districts from Apppendix A, including the Planned Unit
Development (PUD) Overlay and the Institutional Campus (IC) District were reviewed, updated,
and added to Chapter 50.
Article 4: Uses. This article has many changes proposed to it. Most importantly, the new
commercial and mixed-use districts were added to Table 4.1-1 Use Table. The permitted
development standards, listed as PD in the Use Table, were updated for many uses, including
adding restrictions related to the new street types. An additional cannabis license type,
Microbusiness License A, was added to the already permitted Microbusiness license type. Table
4.5-1 Accessory Uses & Structures also has the proposed new districts added to it and a new
accessory use added: the keeping of poultry and rabbits. This language already exists in the
Municipal Code, but is being moved to this location in the Zoning Code.
Article 5: Zoning Standards. This article has additions proposed related to the new districts,
including in Table 5.1-2 Dimension Standards by District. The standards for the Institutional
Campus (IC) District, which are being moved from Appendix A, are proposed to be added to this
article.
Article 6: Zoning Standards: Overlay Districts. No changes were made to the defined natural
features in this article.Text in the Intent section of 50-6.2A is proposed to be updated to provide
greater clarity on NFP for property owners, adjacent residents, and the NFP Review Board. The
updates represent a stronger connection to the language used during the establishment of NFP.
Other changes were made to section J. Site Development Standards, including to uses related to
the recently updated Wellhead Protection rules in Chapter 39 of the Municipal Code and to lot
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coverage. Additional language was also added to the M. Violation and Penalty section. All
changes were discussed with and supported by the NFP Review Board. The standards for the
PUD Overlay, which are being moved from Appendix A, are proposed to be added to this article.
Article 7:Parking & Loading. The biggest proposed change in this article is removing the
language requiring a minimum amount of parking required for each development. This article
keeps a maximum parking amount for development. The existing parking rules have both a
minimum and a maximum. The text detailing the maximum amount of parking that can be
provided has been updated to take the location of the project into consideration (urban vs sub-
urban context). Several of the individual standards listed by use for parking were reviewed and
updated.
Article 8: Landscape & Screening. This article is proposed to be moved from Appendix A to
Chapter 50 with some updates based on recent court cases and the City's Community
Sustainability Plan (CSP).
Article 9: Signs. This article is proposed to be moved from Appendix A to Chapter 50 with many
updates based on recent court cases and the need to clarify the sign types and placement in both
existing zoning districts and the proposed zoning districts. Updates in the height, size, and
placement of signs in Downtown Kalamazoo are proposed to align with the Streets for All
project, and especially the updates to Kalamazoo and Michigan Avenues.
Article 10: Lighting. This article is proposed to be moved from Appendix A to Chapter 50 with
minimal updates. City staff will be reviewing other cities' Lighting Ordinances for future updates
that bring them in alignment with the CSP.
The Zoning Map has changes proposed to about 2,000 parcels. Several changes were made to the
map in June 2023 after the initial engagement process. The proposed Zoning Map can be found
at: https://www.imaginekalamazoo.com/projects/zoningupdates/#draftmap

Complete Neighborhoods - residential areas that support the full range of people's daily needs.
Connected City - A City networked for walking, biking, riding, and driving.
Inviting Public Places - Vibrant streets, exceptional parks, and welcoming activities.
The 2025 Master Plan specifically called out the need to update the Zoning Code and Map. This
work is detailed in the Imagine Kalamazoo @ Work chapter in the Master Plan and is in
alignment with the Strategic Vision, specifically the goal statements above. This zoning update is
focused on commercial districts & standards and a review of commercially zoned properties and
commercial corridors. The goal statements above shaped this work.
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Inform (one-way conversation) – the community will be made aware of the project.
Discussion: Staff developed a public participation plan that outlined the outreach & engagement
activities for the zoning code update process. Staff put forth a draft code and map for discussion
in winter 2023. The document evolved with the outreach process to be the draft before the City
Commission for consideration.
Engagement/Communication Tools:
Online drafts & maps; 4 public presentations & discussions, 1:1 meetings with property owners,
2 mailers to properties proposed for rezoning, and presentations to multiple boards/commissions
between February 2023 and present, including 4 informational presentations to the Planning
Commission before the pubic hearing and 2 informational presentations at Committee of the
Whole meetings
For information on the engagement process and to view past presentations, go to:
https://www.imaginekalamazoo.com/projects/zoningupdates/#outreach
FISCAL IMPACT:
The proposed code update focuses on changes to the commercial districts and related standards
with the intent of supporting businesses through clarity in code language, simplifying
regulations, and creating a more flexible set of development standards. Staff believes these
changes will have a positive impact on the economic vitality of Kalamazoo.
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ORDINANCE NO. ________________
AN ORDINANCE TO REPEAL CHAPTER 50, “ZONING” OF THE KALAMAZOO CITY CODE

OF ORDINANCES AND ADOPT A NEW CHAPTER 50 “ZONING” INCLUDING A NEW
ZONING MAP OF THE KALAMAZOO CITY CODE OF ORDINANCES
Section 1. Repeal of Chapter 50 “Zoning” of the Kalamazoo City Code of

Ordinances. Existing Chapter 50, “Zoning” of the Kalamazoo City Code of Ordinances is
repealed in its entirety.
Section 2. Adoption of a New Chapter 50 “Zoning” of the Kalamazoo City Code of

Ordinances. A new Chapter 50 “Zoning” including a new zoning map is adopted to read in its
entirety as attached in Exhibit A Chapter 50 and Exhibit B Zoning Map & Table which are
incorporated by reference.
Section 3. Severability. If any section, sentence, clause, phrase, or portion of this

ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction,
said portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity and enforceability of the remaining portions of this ordinance.
Section 4. Other Ordinances. This ordinance shall be of no effect unless and until an
ordinance repealing Chapters 3, 7, 9, and Sections 6.1, 6.2, 6.3, and 6.4, of Chapter 6 of
Appendix A “Zoning” of the Kalamazoo City Code of Ordinances is adopted by the City
Commission on or before November 30, 2023.
Section 5. Saving Clause. The amendment or repeal by this ordinance of any ordinance
or ordinance provision shall have no effect upon prosecutions commenced prior to the effective
date of this ordinance or prosecutions based upon actions taken by any person prior to the
effective date of this ordinance. Those prosecutions shall be conducted under the ordinance
provisions in effect prior to the effective date of this ordinance.
Section 6. Conflict. Except as otherwise expressly provided, the provisions of this

ordinance shall control in the event of any inconsistency or conflict between this ordinance and
any other provision of any other ordinance of the City of Kalamazoo.
Section 5. Effective Date. Subject to Section 4, above, this ordinance shall take effect
from and after 10 days from the date of its passage pursuant to Section 13(a) of the City Charter.
CERTIFICATE
The foregoing is a true and complete copy of an ordinance adopted by the City Commission of
the City of Kalamazoo at a regular meeting held on ______________, 2023. Public notice was
given, and the meeting was conducted in full compliance with the Open Meetings Act, (PA 267,
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1976). Minutes of the meeting will be available as required by the Act, and the ordinance was
duly recorded, posted, and authenticated by the Mayor and City Clerk as required by the Charter
of said City.
_________________________________
_________________________________
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Chapter 50: Zoning
Ordinance August ‘23
imagine
THE CITY OF KALAMAZOO kalamazoo
2025
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Chapter 50 Zoning
2
ZONING ORDINANCE imagine kalamazoo 2025
AUGUST 2023 Page 296 of 885
Chapter 50 Zoning
Chapter 50 - Table of Contents

How to Use These Regulations
Article 1. General Requirements
Article 2. Review Bodies and Processes
Article 3 Zoning Districts & Map
Article 4. Use Regulations
Article 5. Zoning Standards
Article 6. Zoning Standards: Overlay District Standards
Article 7. Parking & Loading Regulations
Article 8. Landscape & Screening Regulations
Article 9 Signage.
Article 10 Lighting.
3
imagine kalamazoo 2025 ZONING ORDINANCE
Page2023
AUG UST 297 of 885
Chapter 50 Zoning
How to Use These Regulations

This Zoning Code provides a variety of zoning districts to support development and redevelopment and the
alignment of land use with our transportation network in Kalamazoo. Follow the steps on the adjacent page to
determine what zoning standards apply to your property.
In addition to traditional zoning districts, this Code also includes districts that apply form-based regulations. The
Live Work 1, Live Work 2, Neighborhood Node, Downtown 1, Downtown 2, and Downtown 3 zoning districts set
development standards that focus not only on the use of the building, but also the building’s form and impact on the
block and adjacent street. These regulations go beyond basic setback lines and maximum height to consider such
elements as building entrance, minimum amount of transparent windows, and both minimum and maximum heights.
The intent of each zoning district can be found in 50-3 Zoning Districts and Maps. Information on the development
standards for each district is found in 50-5 Zoning Standards.
This Zoning Code also regardless of the type of Zoning District, considers the street network when setting standards
for where uses may be located and building, access, and parking locations. In order to create active and inviting
public places and support economic vitality at a variety of scales and locations, buildings and uses on lots and the
adjacent streets must work together, rather than be in conflict. To this end, the City has created a Street Design
Manual to guide its work in designing City streets and to support development that impacts the City’s rights-of-way.
A street type map is included with the Zoning Map.
The Planning Division is always available to answer questions at 269-337-8044.
1 Zoning District & Street Locate your property on the Zoning Map (refer to Figure 1.2-1) or and
Type the City’s Online GIS system available from or from ka2666.zoninghub.
What zoning district is your com/zoningmap.aspx www.cityofkalamazoo.org/maps.
property located?
Locate the street type(s) adjacent to your property (refer to Figure 1.2-
On what street type is your 2) and the Street Design Manual for additional background at www.
property located? imaginekalamazoo.com/projects/streetdesignmanual
Are you in the NFP Locate your property on the Zoning Map (refer to Figure 1.2-1) or the
Overlay District? City’s Online GIS sytem or from ka2666.zoninghub.com/zoningmap.

aspx. Refer to Article 6 Overlay Districts for more information on the
Natural Features Protection Overlay requirements.
Maps may be also obtained from the Planning Division offices.
4
Chapter 50 Zoning
2 Permitted Use. Refer to the 4.1-1 Use Table to review what uses are permitted in each
What is your desired Zoning District. Many uses have specific design standards by district,
use? Is it permitted in this these are described in 50-4.4 Use Definitions and Standards
location?
Go to 50-5 Zoning Standards. The standards for each district are noted
3 Zoning Standards.
in one of two tables:
What are the requirements for
developing or rehabbing a
building in this location? 1. Table 5.1-1 Permitted Lot Types by District
- These are the standards for the form-based districts, which are
regulated by lot type
- In most districts, more than one Lot Type is permitted; Lot

Type descriptions are found in 50.5-6 Lot Types
- Each Lot Type has its own standards specific to that Lot Type,
including detailed illustrations.
Select the lot type for your project and use these standards to design
your project
2. Table 5.1-2 Dimension Standards by District
- These are the standards for the non-form-based-code districts
- Standards for these districts are listed in this table
All the zoning standards, regardless of which zoning district applies to

your property are defined in 50.5-2 to 5.
When rehabbing an existing building refer to section 50-1.4

Nonconformances to determine what activities would result in meeting
the requirements of Chapter 50.
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Article 50-1. General Requirements.

50-1.1 Purpose.
A. The intent of these requirements is to:
(1) Create a flexible, market driven approach to the districts defined to promote public health, safety, and general
welfare.
(2) Realize the community’s vision as detailed in the Master Plan, including permitting a variety of uses, increased
variety of housing infill, and promoting active walkable nodes and corridors through the inclusion of building form
requirements.
B. This document should reflect the current adopted Master Plan; if substantial changes occur, this text should be
reviewed and amended.
50-1.2 General Provisions.

A. Zoning Maps. The zoning districts detailed in these regulations are mapped according to Figure 1.2-1. Throughout
this Code, many standards are tied to both the mapped zoning districts and the street type, the street types are
mapped according to Figure 1.2-2.
B. Conflicts. If a conflict arises between the regulations in Chapter 50 and those in Appendix A, the regulations of
Chapter 50 take precedent unless otherwise approved by the City Planner.
C. Existing Structures. The standards in this document apply to both new and existing buildings, as detailed in each
Article. The form-based zoning districts are intended to allow existing structures to remain while integrating new
development through the use of the form-based standards.
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Chapter 50 Zoning
insert approved zoning map here
Figure 1.2-1 Zoning Map. A digital version of this map is available online through the City’s eCode and GIS sites; paper
versions of the map can be found in the Planning Division’s office.
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Figure 1.2-2 Street Type Map.

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Chapter 50 Zoning
50-1.3 Definitions.
A. The following terms are defined for this Ordinance:
(1) Agriculture. Growing of food crops indoor or outside for personal use, donation, or sale; this excludes excluding the
growth of marihuana plants for medicinal or recreational purposes.
(2) B. Alley. A public or private right-of-way intended for accessing rear, and occasionally side yards, utilities, trash pick
up, and vehicular access to parking or loading areas. The City Planner can approve having existing courts court streets
serve the same functions as Alleys, as it relates to the requirements of this Ccode.
(3) C. Basal Area. A method of determining Woodland density by measuring the cross-sectional area of individual tree
stems over a particular unit area.
(4) D. Best Management Practices (BMP). Commercial or professional procedures that are generally accepted or
prescribed industry standards as being correct or most effective.
(5) E. Build-to Zone. The designated area on a lot that the front or corner side façade of a building must be located.
The zone dictates the minimum and maximum distances a building may be placed from the front or corner side lot line.
Refer to Figure 1.3-1 Build-to Zone, Property Lines, and Yards.
Side Property Line Corner Side

Build-to
Rear Property Line Zone
Rear Yard Setback
Secondary Street
Corner Side Property Line
Side Yard Setback
Side Yard Setback
Side Yard Setback
Front Build-
Front Property Line to Zone
Primary Street
Figure 1.3-1 Build-to Zone, Property Lines, & Yards.
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(6) F. Canopy, Tree. The upper layer of a Woodland formed by the crowns of mature trees.
(7) G. Courtyard. An open-to-the-sky outdoor area enclosed by a building on at least two (2) sides. Parking is not
permitted in a Courtyard.
(8) H. Critical Root Zone (CRZ). The zone encompassing the majority of a tree’s roots. It is calculated by measuring the
diameter of a tree trunk at breast height and measuring outward from the trunk eighteen (18) inches for every inch of
trunk diameter. Refer to Figure 1.3-2 Measuring Critical Root Zone.
(9) I. Cultivate. To propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or
mechanical means.
(10) J. Develop. The construction, removal, or renovation of a primary or accessory structure or other impervious
surfaces on a lot.
(11) K. Diameter at Breast Height (DBH). The diameter of a tree trunk measured at four and a half (4.5) feet above
ground level. Refer to Figure 1.3-3 Measuring DBH.
(12) L. Disturbance. Includes any of the following: 1) placement or removal of impervious surface or structure; 2)
exposure or movement of soil, including removal or addition of soil or other natural or manufactured materials; or 3)
clearing, cutting, or removing of vegetation except when any of these activities are done in order to maintain or improve
ecosystem health, mitigate or prevent erosion and sedimentation, or mitigate harm, such as by removal of invasive or
diseased vegetation, to the natural feature.
(13) M. Eating and Drinking Establishment. A type of General Service Use (refer to 50-4.4C(6)) for the sale of prepared
food and beverages to be consumed on or off-site. Examples of eating and drinking establishments include: cafes,
coffee shop, brewpub, tavern, lounge, restaurant, and take-out.
(14) Ecosystem. A biological community of interacting organisms and their physical environment.
Trunk
Critical
Root
Zone
4.5’
Figure 1.3-2 Measuring Critical Root Zone Figure 1.3-3 Measuring Diameter at Breast Height
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Chapter 50 Zoning
(15) N. Ecosystem Assessment, Woodland. A method for quickly gathering information about the plant density, species
diversity, and/or condition of a Woodland habitat.
(16) O. Endangered Species. Any species recognized by the State of Michigan and/or Federal government as being in
danger of extinction throughout all or a significant portion of its range.
(17) P. Entrance Treatment. The permitted treatments of the ground story façade, including entrance and window
transparency. Refer to 5.2 Entrance Treatment.
(18) Q. Equivalent License, Marihuana Establishment. Any of the following when held by a single licensee:
(a) grower license of any class under both the MRTMA and MMFLA;
(b) processor licenses under both the MRTMA and MMFLA;
(c) secure transporter licenses under both the MRTMA and MMFLA;
(d) safety compliance facility licenses under both the MRTMA and MMFLA; and
(e) a retailer license under the MRTMA and a provisioning center license under the MMFLA
(19) R. Façade. The exterior face of a building, including but not limited to the wall, windows, doorways, and design
elements. The front façade of a building faces the front property line.
(20) S. Façade, Street Facing. Façade of a building facing a public or private space, such as a street or park. Facades
facing a non-motorized trail or pedestrian pathway will also be treated as a street facing facade when adjacent to a
Downtown, Live Work, Node, or Residential-Multiple Family Zoning District. This does not include building facades
along alleys, which would be considered rear facades.
(21) T. Footcandle. A unit of illumination or light intensity defined as one lumen per square foot.
(22) Graminoids. Grasses, sedges, and rushes.
(23) V. Grocery Store. A grocery store is a type of retail use that includes the sale of food, food products, beverages,
and household items. A grocery store has a minimum total square footage of five thousand (5,000) square feet of
which at least thirty (30) percent or three thousand (3000) square feet, whichever is greater, is dedicated to the sale of
a combination of food, including fresh fruit, fresh vegetables, and dairy; food products; non-alcoholic beverages; and
household items, such as pet supply, hardware, and over-the-counter medical items.
(24) Habitat. The natural home or environment of an animal, plant, or any other living organism.
(25) Habitat Corridor. An area of land containing wildlife Habitat habitat, generally native vegetation, which joins or
provides passage between two or more larger areas containing similar wildlife Habitat habitat, and the entire corridor
thus formed.
(26) Industrial Hemp. As defined in Section 3 of the MRTMA MCL 33327953. Any part of the plant, whether growing or
not, Cannabis sativa L or the genus cannabis with a delta-9 tetrahydrocannabinol concentration that does not exceed
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0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent of delta-
9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant regardless of moisture content.
Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer
products with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
(27) Invasive Species. Any living organism that is not native to an ecosystem and causes the ecosystem harm.
(28) Lot Type. A l Lot Type describes the set of standards that regulate development in the form-based Zoning Districts,
such as the Downtown and Live Work Districts, including is defined by the combination of building siting, form, façade
treatment, parking and access, and use. Refer 50-5.6 Lot Types to Chapter 5.
(29) BB. Lot of Record. A lot created in a subdivision plat as shown on the records of the Kalamazoo County register of
deeds or a lot or parcel which is described by metes and bounds and has been recorded at the office of the Kalamazoo
County register of deeds.
(30) Marihuana. As defined in Section 3 of the MRTMA MCL 33327953. All parts of the plant Cannabis sativa L. or of
the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana
concentrate and marihuana-infused products. For purposes of this ordinance, marihuana does not include the
following:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except
the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of
germination.
(2) Industrial hemp.; or
(3) Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or
other products.
(31) Marihuana Establishment, Adult Use. An adult use marihuana commercial business operation licensed pursuant to
the MRTMA and permitted to operate by City ordinance.
(32) Marihuana Establishment, Medical. A medical marihuana commercial business operation licensed pursuant to the
MMFLA and permitted to operate by City ordinance.
(33) Marihuana-Infused Products. A topical formulation, tincture, beverage, edible substance, or similar product
containing marihuana and other ingredients and that is intended for human consumption in a manner other than
smoke inhalation.
(34) Master Plan. City of Kalamazoo guiding Planning document that outlines the community’s vision primarily as it
relates to land use and transportation.
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Chapter 50 Zoning
(35) MMFLA. The acronym for the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, MCL 333.27101 et
seq.
(36) MRTMA. The acronym for the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL
333.27051 et seq.
(37) Nativar. A cultivar of a native plant species.
(38) Native Species. A species that normally lives and thrives in a particular place as a result of natural processes, not
human introduction, disturbance, or intervention. For the purposes of this Code Article, a particular place is defined as
Kalamazoo County.
(39) Natural Communities. Groups of plants and animals and their physical environment that have experienced minimal
human-caused disturbance or recovered from that disturbance.
(40) Natural Features. Features defined in the Natural Feature Protection Overlay in 50.6.1 specifically Wetlands, Water
Resources, Trees, Woodlands, Floodplains, Slopes, Natural Heritage Areas, and Habitat Corridor Habitat Corridors.
(41) Natural Vegetation. Plants that grow naturally, especially but not limited to those that provide: Habitat habitat for
wildlife; deep-roots to stabilize banks, shorelines, and slopes; or canopy for shade.
(42) NREPA. The acronym for Michigan’s Natural Resources and Environmental Protection Act, 451 of 1994, as
amended, MCL 324.101 - 324. 90106.
(43) Occupied Space. The first fifteen (15) feet inside a building measured from the front facade and on corner side
facades. In this space, uses such as interior parking, residential units, storage, or utility areas may be restricted. Refer to
50-5.4 Use. Article 5 Zoning Standards for more information.
(44) Orbs. Non-woody plants and wildflowers other than grasses.
(45) Ordinary High Water Mark. The upper limit that the water level reaches during regular changes in water level. Refer
to Figure 6.2-1 Wetland and Water Resources Setbacks.
(46) Parcel, Parent. The parcel or tract of land lawfully in existence on the effective date of the Natural Features
Protection Overlay District. As used in this definition the terms “parcel” and “tract” are as defined in Land Division Act,
MCL 560.102.
(47) Playground. Any outdoor facility (including any related parking lot appurtenant thereto) intended for recreation,
open to the public, and with any portion thereof containing three or more separate apparatus apparatuses intended for
the recreation of children including, but not limited to, sliding boards, swing sets, and teeterboards.
(48) Preserve. An area of land under common ownership by a tax-exempt nonprofit organization where a management
plan for conservation, wildlife, historic resources, or ecological resources or values is actively implemented.
(49) Process or Processing. A term related to marihuana production. The activity to separate or otherwise prepare parts
of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate,
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or marihuana-infused products.
(50) Property Line. Also referred to as lot line. Refer to Figure 1.3-1 Build-to Zone, Property Lines, and Yards.
(51) Property Line, Front. Also referred to as a front lot line. The intersection of the a right-of-way and the property or
lot; the area location from which the front build-to zone is set. Figure 1.3-1 Build-to Zone, Property Lines, and Yards.
(a) When a primary street abuts a through or corner lot, the front property line is that property line along the
primary street.
(b) When a lot abuts two (2) or more primary streets or does not abut any primary streets, the front property line
shall be determined by the City Planner.
(52) Restoration. The process of assisting the recovery of an ecosystem that has been degraded, damaged, or
destroyed.
(53) Riparian Area. The area adjacent to a Water Resource or Wetland.
(54) Runoff. The portion of precipitation that does not soak into the ground or evaporate.
(55) Scale. Typically defined by the adjacent buildings and rights-of-way, scale refers to the size or massing of a
structure or street.
(56) Semi-Pervious Materials. A ground surface covering that allows for at least forty (40) percent absorption of
water into the ground or vegetation, such as porous pavement, pavers, crushed stone, or gravel.
(57) Sign. A structure, device, letter, word, model, banner, balloon, pennant, insignia, emblem, logo, painting,
placard, poster, trade flag or representation, illuminated or non-illuminated, 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. Refer to 50-9 Signs.
(58) Sign, Abandoned. A sign that no longer correctly advertises or directs a person to an active business, person,
goods, product, activity or service.
(59) Sign, Changeable Copy. Changeable copy signs include both those with a message changed manually or
automatically, the latter being defined as Electronic Message Displays.
(60) Sign, Cold-Air Inflatable Balloon. A temporary and portable sign composed of a nonporous bag of tough, light-
weight material filled with unheated oxygen that may or may not float in the atmosphere.
(61) Sign, Electronic Message Display. A sign or portion of a sign, that displays an electronic image or video, which
may or may not include text, including any sign or portion of a sign that uses changing lights or similar forms of
electronic display such as LED to form a sign message with text and or images wherein the sequence of messages
and the rate of change is electronically programmed and can be modified by electronic processes. This definition
includes without limitation television screens, plasma screens, digital screens, flat screens, LED displays, video
boards, and holographic displays. The following definitions are related to Electronic Message Displays
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Chapter 50 Zoning
(a) Dissolve or Fade. A type of message transition on an Electronic Message Display sign created by varying the light
intensity or pattern, where the first message gradually appears to fade away while another message appears.
(b) Flash. A mode of message transition on an Electronic Message Display sign created by varying the light intensity,
where the message instantly and repeatedly reduces or increases intensity.
(c) Scroll. A mode of message transition on an Electronic Message Display sign accomplished by the movement of a
message.
(62) Sign, Helium-Inflatable Balloon, A temporary and portable sign composed of a nonporous bag of tough, light
material filled with helium that may or may not float in the atmosphere.
(63) Sign, Multiple Tenant. A freestanding sign that is comprised of a sign structure that includes multiple panels or signs
for multiple users.
(64) Sign, Off-Premises. A sign other than an on-premises sign.
(65) Sign, Off-Premises Structures. A freestanding column, including associated supports and framework, that supports
an off-premises sign independent of any building.
(66) Sign, On-Premises. A sign identifying or advertising a business, person, activity, or service located on the premises
where the sign is located.
(67) Site Characteristics. Minor, physical development features on a lot, including signage, landscaping, parking, driveway
location, and other physical, but non-structural elements of a site.
(68) BBB Slope. The area of the ground ground’s surface where there is a change in elevation over a horizontal distance.
(69) CCC. Slope Analysis. An analysis based upon a topographic survey used to calculate the grade of slopes.
(70) DDD. Slope Face. The surface area of the slope from Top to Toe of Slope. Refer to Figure 1.3-43 Parts of a Slope.
(71) EEE. Slope Percent Grade. The vertical change in the elevation of the ground surface (rise) divided by the specific
horizontal distance (run) multiplied by 100.
(72) FFF. Slope, Toe of. The lowest part of a slope. Refer to Figure 1.3-43 Parts of a Slope. Refer to Figure 1.3-3 Parts of a
Slope.
Top
Slope
Face
Toe
Figure 1.3-43 Parts of a Slope
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(73) GGG. Slope, Top of. The highest part of a slope. Refer to Figure 1.3-43 Parts of a Slope. Refer to Figure 1.3-3 Parts of
a Slope
(74) HHH. Stormwater Best Management Practices (BMP). Tools used to prevent or reduce stormwater runoff and/or
associated pollutants as determined by professional associations, State of Michigan, or Federal government, such as
the Michigan Low Impact Development Manual.
(75) III. Stormwater Runoff. Runoff and any other surface water drainage that flows into natural or man-made drainage
ways.
(76) JJJ. Street, Types. The types of rights-of-ways and associated treatment of vehicular, transit, bicycle, and
pedestrian ways within, as envisioned illustrated by the 2025 Master Plan and detailed in the Street Design Manual.
The Street Types are defined and illustrated in the Street Design Manual and include City Connector, Event/
Festival, Urban Center, Downtown Main, Commercial Business, Neighborhood Business, Neighborhood Network,
Enhance Neighborhood, and Local Streets. are: Priority Street, Main Street, Connector Street, SubUrban Street, and
Neighborhood Street. Refer to Figure 1.2-2 Street Types Map.
(77) Street Type, City Connector. City Connector Street Types are located near the edges of the City, often serving as a
transition from highways or more rural roadways into the city proper. They support an intense auto-oriented mix of land
uses that are designed to be predominantly accessed by personal vehicle. Refer to the Street Design Manual for design
standards.
(78) Street Type, Commercial Business. Commercial Business Street Types are located on significant transportation
corridors, often passing through commercial nodes that are more suburban or auto-oriented, compared to
Neighborhood Business Street Types and Neighborhood Nodes. They are designed to balance auto-oriented areas with
those that are transitioning to more pedestrian friendly and mixed use. Refer to the Street Design Manual for design
standards.
(79) Street Type, Enhanced Neighborhood. Enhanced Neighborhood Street Types are found in the interior of
neighborhoods, often serving as an internal spine for neighborhood connections by all travelers. Enhanced
Neighborhood Streets provide access to and through neighborhoods and often have higher traffic volumes than
the adjacent local neighborhood streets. Predominantly residential in nature, these street can also support limited
locations of additional uses, such as civic and institutional uses. Refer to the Street Design Manual for design
standards.
(80) Street Type, Event/Festival. Event/Festival Street Types are special streets within the city that are dominated
by pedestrian-centric activity. Typically, they are curbless or designed as shared spaces, between cars, bikes, and
pedestrian, enabling flexible use of the entire street corridor for special events. Event/Festival Streets support mixed
land use development. Refer to the Street Design Manual for design standards.
(81) Street Type, Local Neighborhood. Local Neighborhood Street Types are lowest speed and volume street type. They
predominantly support residential land uses. Refer to the Street Design Manual for design standards.
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Chapter 50 Zoning
(82) Street Type, Main Street. Main Street Types balance a broad range of needs and demands: an inviting pedestrian-
oriented streetscape, supportive spaces for adjacent businesses, parking, loading, cyclists, and transit riders. Main
Streets constitute the majority of downtown and downtown-adjacent streets. Refer to the Street Design Manual for
design standards.
(83) Street Type, Neighborhood Business. Neighborhood Business Street Types are typically major connecting streets
in the city where clusters of small-scale, mixed-use nodes are located. These areas are walkable, supporting a mix of
uses and travel modes. Refer to the Street Design Manual for design standards.
(84) Street Type, Neighborhood Network. Neighborhood Network Street Types are primary transportation corridors that
provide connectivity between neighborhoods. Predominantly residential in nature, they can support limited areas of
additional uses. Refer to the Street Design Manual for design standards.
(85) Street Type, Urban Center. Urban Center Street Types are highly active streets with an intense combination of active
ground-floor uses, pedestrian activity, and vehicle volumes. Urban Center Streets are found in Downtown Kalamazoo.
Refer to the Street Design Manual for design standards.
KKK. Street, Connector. Links neighborhoods and institutions together. Transit, on-street bicycle facilities such as
protected lanes or paint-designated lanes, and on-street parking may all be present. Sidewalks and upgraded
crossings at key intersections provide for pedestrians along this often busy, very mixed-use street. Driveways for
vehicular access to properties are expected, but limited through key neighborhood commercial nodes and corridors.
A center turn lane maybe be required. This street type balances all travel modes. For additional information refer to
the Connected City Chapter of the 2025 Master Plan.
LLL. Street, Main. Typically found Downtown surrounding Priority Streets, it serves intensive, active mixed-use blocks..
A street type with slow vehicular traffic, regular pedestrian crossings and wide sidewalks. Sidewalks are improved
with streetscape, lighting, and wayfinding signage to support pedestrian movements. On-street parking and on-
street bicycle facilities are both common. Driveway access to adjacent properties should be limited to prevent
pedestrian-vehicle conflicts. The priority user is the pedestrian. For additional information refer to the Connected City
Chapter of the 2025 Master Plan.
MMM. Street, Neighborhood. This street type typically has slow vehicular traffic, limited to no transit service, and
bicycle facilities that are incorporated into the roadway with signed routes or sharrows. Regular driveway access
is excepted on this street type. On-street parking serves the adjacent land uses which can range from industrial to
commercial to residential. In residential blocks, landscaped curb lawns and street trees are common; there may not
be sidewalk on both sides of the street in this setting. For additional information refer to the Connected City Chapter
of the 2025 Master Plan.
(86) NNN. Street, Primary. Not a Street Type, but a tool that guides the designation of front or corner side property lines
or yards, locating building entrances, and facade treatments. A Primary Street has street designated as having priority.
over other streets. in terms of setting the front lot line, locating building entrance, and façade treatment. On corner
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lots, the primary street is determined by the street type with the following order of priority: priority street, main street,
connector street, and neighborhood street. When a lot fronts three (3) or more streets and/or two (2) or more of the
same street type, the primary street will be designated by the City Planner or their designee. through Site Plan Review.
OOO. Street, Priority. Downtown street type with slow vehicular traffic, regular pedestrian crossings and very wide
sidewalks. Transit, on-street parking, and on-street bicycle facilities are typical, as is a high level of streetscape,
lighting, and wayfinding signage to support active, urban commercial and mixed use blocks. The priority user is the
pedestrian. For additional information refer to the Connected City Chapter of the 2025 Master Plan.
HHHH. PPP.
(87) Street, Secondary. Not a Street Type, but a tool that guides the designation of front or corner side property lines or
yards, locating building entrances, and facade treatments. A street designated as not having priority over other streets.
Secondary streets typically serve as preferred location for vehicular access points and buildings fronting secondary
streets may have a reduction in the building facade requirements, refer to 50.5-6 Lot Type Standards.
QQQ. Street, Suburban. Multiple vehicle lanes with higher speeds, this street type often has a center turn lane and no
on-street parking. Transit serve this street type and the adjacent uses, which lean toward more intensive commercial or
mixed-use projects. Pedestrian and bicyclists move in off-street, facilities separated from the vehicular travel lanes. The
priority user is the vehicle. For additional information refer to the Connected City Chapter of the 2025 Master Plan.
(88) Street Wall. The collection of building facades along a street. These facades help to define the area of the street.
(89) RRR. Story, Ground. Also referred to as ground floor. The first floor of a structure that is level to or slightly elevated
above the finished grade, measured at the front and corner facades. This excludes partially above-ground basement
areas, considered a half-story. Refer to Figure 5.3-1 Measuring Height and 50-5.3 Height.
(90) SSS. Story, Half. A floor located partially below grade and partially above or a floor located within the roof structure
facing that has transparency facing a street. Refer to Figure 5.3-1 Measuring Height and 50-5.3 Height.
(91) TTT. Story, Upper. The floors of a structure located above the ground story. Also referred to as upper floor.
(92) UUU. Structure, Primary. A structure that contains the lot’s primary use and is typically located in the front-build to
zone. A lot may contain more than one primary structure, refer to 5.6 Lot Types.
(93) VVV. Structure, Accessory. A structure that contains a secondary or accessory use on a lot. Accessory structures
are typically smaller in size than the primary structure and located toward the rear of the lot. Refer to 4.5 Accessory
Uses and Structures.
(94) WWW. Surface, Pervious. An area that allows for the absorption of water into the ground or vegetation, including
grass, dirt, landscaping, or natural areas. Also referred to as permeable area.
(95) XXX. Surface, Impervious. Areas covered with surfaces that do not allow at least forty (40) percent absorption of
water into the ground, including areas for driveways, parking lots, walkways and structures.
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Chapter 50 Zoning
(96) YYY. Surface, Semi Pervious. An area that allows for at least forty (40%) absorption of water into the ground or
vegetation. Semi-pervious materials can include such materials as porous pavement, pavers, crushed stone, or gravel.
(97) ZZZ. Threatened Species. Any species recognized by the State of Michigan and/or Federal government which
is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its
range.
(98) AAAA. Turf Grass. Any variety of commercial grasses grown and maintained to form turf.
(99) BBBB. Understory. The layer or layers of woody vegetation — including understory trees and shrubs — that
naturally grow beneath a Tree Canopy.
(100) Usable Outdoor Space. Outdoor open space that can be functionally used by tenants or residents of a building
with which it is associated. Examples include: private or shared balconies, patios, porches, dog run, play area, and
other similar outdoor spaces.
(101) CCCC.. Use, Accessory. May also be referred to as secondary use. This use typically takes up less space than the
principal use and is often located in an accessory structure or in side or rear yards.
(102) DDDD. Use, Primary. May also be referred to as the principal use. The dominant use of a lot. It is typically located
in the lot’s primary structure along the front property line.
(103) EEEE.. Vegetated Buffer. A permanent, maintained strip of vegetation designed to help absorb and slow the
velocity of surface Stormwater Runoff, and filter out sediment and other pollutants.
(104) FFFF.. Wetland Determination. An on-site investigation to determine whether the presence of water, hydric soils,
and wetland vegetation occur in such a manner as to meet the definition of a Wetland.
(105) GGGG. Wild-Type. A straight species native plant that has not been commercially cultivated for a specific
characteristic, which provides for natural genetic diversity, disease resistance, climate resiliency, and reliable pollinator
habitat.
(106) HHHH. Youth Center. Any recreational facility and/or gymnasium (including any parking lot appurtenant
thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural
activities.
(107) IIII. Zoning District, Base. Also referred to as underlying zoning. The zoning regulations applied to a parcel
according to the Zoning Map. Refer to 50.3 Zoning Districts.
(108). JJJJ. Zoning District, Overlay. A set of standards placed on a parcel in addition to the standards of the Base
Zoning District. Refer to 50.3 Zoning Districts.
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50-1.4 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 Ordinance but that do not
conform to one or more requirements of this Ordinance.
(1) Authority to Continue. Nonconforming uses, structures, and lots that legally existed on INSERT MONTH DAY 2023,
or that become nonconforming after an amendment to this Ordinance 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 Ordinance.
Except as provided in 50-1.4(C), 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.
(5) The rRegulations of Chapter 50 shall be met in the following circumstances.
(a) Change in Use. The use nonconformance exception ends when a change of use will result in a fifty (50) percent or
greater change in capacity or intensity, such as an increase in gross floor area, seating, or residential units.
(b) Change in Structure. The structural nonconformance exception ends when the associated structure is modified to
change the gross floor area by fifty (50) percent or more.
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.
(a) Change of a Nonconforming Use. The use nonconformance exception ends when a change of use results in a fifty
(50) percent or greater change in capacity or intensity, such as an increase in gross floor area, seating, or residential
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units.
(b) Damage and Restoration of Structure Containing a Nonconforming Use. If a conforming structure containing a
nonconforming use is damaged by more than fifty (50) percent of its actual cash value at the time damage occurs
as determined by the City Assessor, the nonconforming use shall not be reestablished unless in compliance with the
standards of this Ordinance.
[1] Exceptions. When reconstructed within one (1) year of the damage, the following nonconforming uses can
continue when damaged:
[a} A nonconforming use in a conforming structure damaged by less than fifty (50) percent.
[b] Nonconforming uses in a conforming structure containing up to four (4) residential units.
(c) Abandonment. Once abandoned, a nonconforming use shall not be reestablished or resumed.
[1] A nonconforming use shall be presumed abandoned and its rights as a nonconforming use ended when any one
of the following has occurred:
[a] The owner has in writing or by public statement indicated intent to abandon the use.
[b] A conforming use has replaced the nonconforming use.
[c] The structure containing the nonconforming use has been removed.
[d] The structure or its permanent equipment has changed in a manner that clearly indicates a change in use or
activity to something other than the nonconforming use.
[e] The non-conforming use has been discontinued, vacant, or inactive for a continuous period of at least one (1)
year, regardless of ownership.
[2] Evidence of abandonment, may be rebutted upon a showing any of the following:
[a] The land and structure have been maintained in accordance with all applicable regulations.
[b] Owner or operator has been engaged in other activities that would demonstrate there was not intent to
abandon.
[c] All applicable licenses have been maintained.
[d] Tax documents have all been filled.
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 uses:
(1) Use. A nonconforming structure may be used for any use permitted in the Zone District in which it is located. Refer to
50-4 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.
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(3) Loss of Nonconforming Status.
(a) Change in Structure. The structural nonconformance exception ends when the structure is modified to increase the
gross floor area by fifty (50) percent or more.
(b) Damage and Restoration of Structures. Primary structures damaged by more than fifty (50) percent of its actual
cash value at the time damage occurs as determined by the City Assessor, shall not be reestablished except in
compliance with all regulations applicable to the zone district in which it is located.
(c) Exceptions. When reconstructed within one (1) year of the damage, the following nonconforming structures can
continue when damaged:
{1} A nonconforming structure damaged by less than fifty (50) percent.
[2} Nonconforming structures containing up to four (4) residential units.
[3} Nonconforming accessory structures in existence on INSERT MONTH DAY 2023 associated with a residential use.
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 50-1.4(C) 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 50-1.4(C) 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 ten (10) percent of the requirement in this Ordinance.
(2) Change In Use. The nonconforming site characteristic exception ends if a change of use will result in a fifty (50)
percent or greater change in capacity or intensity, such as an increase in gross floor area, seating, or residential
units.
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(3) Change in Structure. The nonconforming site characteristic exception ends if the associated structure is
modified to change the gross floor area by fifty (50) percent or more.
(4) Exception for Multi-Tenant Signs. Multi-tenant 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 Façades. 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 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 façade.
(2) Change in window location or size on a street facing façade by thirty (30) percent or more.
(3) Change or replacement of more than thirty (30) percent of façade materials on a street facing façade with a
different material.
Article 50-2. Review Bodies.
Reserved
Article 50-3. Zoning Districts.

50-3.1 Zone Districts. Refer to Figure 1.2-1 for the Zoning Map of the following districts.
A. Neighborhood Node District (N-Node). Neighborhood Nodes are intended to create walkable, vibrant, and mixed-
use commercial areas in Kalamazoo neighborhoods with a focus on building forms that promote inviting public
places. Neighborhood Nodes allow a wide range of commercial uses on the ground floor with commercial and
residential uses allowed on upper floors. Neighborhood Node locations can be found in the Master Plan, Future
Land Development Map and are often associated with the Neighborhood Business Street Type.
B. Live-Work 1 District (LW1). Live-Work 1 promotes a wide mix of commercial and residential uses in a scale and
with a building form compatible with Kalamazoo neighborhoods and corridors. Live Work 1 standards focus on the
building form, specifically along the street, while allowing a flexible list of uses within the building.
C. Live-Work 2 District (LW2). Live-Work 2 is intended to promote a wide mix of uses, including residential,
commercial, and craftsman industrial users. Typically located adjacent to the Downtown or in areas of transition
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between commercial or industrial and neighborhoods. traditional industrial areas, Live-Work 2 is similar to Live-Work 1,
but allows for more urban scaled development.
D. Downtown 1 (D1). Downtown 1 supports the key retail blocks of Downtown Kalamazoo by promoting a mix of uses
with the most active permitted on the ground floor. This district is intended for the active, walkable core principle
blocks that focus on retail, entertainment, and service uses; storefronts; pedestrian-scaled signage; and access to
shared parking facilities. Typically found on Urban Center or Festival/Event Street Types.
E. Downtown 2 (D2). This district is similar to Downtown 1, but with more flexibility in its form and permitted uses. It is
intended for blocks directly adjacent to those in Downtown 1. Typically found on Main Street or Festival/Event Street
Types.
F. Downtown 3 (D3). Promotes a wide mix of uses, including residential, commercial, and civic uses in building forms
that support the scale and intensity of Downtown Kalamazoo. Typically found on Main Street or Commercial Business
Street Types.
G. Commercial Node (C-Node). Commercial Node district supports the development and redevelopment of medium-sized
commercial and mixed-use centers serving the adjacent neighborhood and other neighborhoods in the City, as noted
in the 2025 Master Plan. The district is typically found at or near the intersection of major corridors, typically including
Commercial Business Street Types. A wide range of retail, service, and office uses are permitted; residential uses are
permitted with design standards. While much of the current development in these districts is set back with parking along
the front property lines, the zoning standards encourage new development to be closer to the sidewalk recognizing that
these centers serve those traveling by car on the major corridors, as well as on foot, bike, and in buses.
H. Community Commercial District 2 (CC2). Community Commercial 2 district supports small to medium-scale
commercial and mixed-use development typically found on major corridors where they intersect with residential streets
and blocks. Retail, service, and office uses are permitted; residential uses are permitted with design standards. Though
much of the existing development in this district is set back with parking in the front; the scale of the buildings and the
location at the end of residential blocks makes these areas ripe for increased walkability. The zoning standards in this
district reflect this to support users traveling by foot, bike, bus, and car.
I. Community Commercial District (CC). Community Commercial district supports medium to large-scale commercial
and mixed-use development with a city-wide or regional market focus. This district is typically found on major
corridors, such as specifically City community Connectors connectors, and often near highway access. A wide range of
retail, service, and office uses are permitted. Residential uses are permitted with design standards.
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J. Institutional Campus (IC). Institutional Campus District supports the development and continued growth and evolution
of institutions or businesses in a campus setting, such as a college or university, institutional uses such as hospitals or
large religious assemblies, and large office and/or industrial campuses. This district requires the approval of a campus
master plan that establishes a framework for growth and development and standards. Refer to 50-6.3.
50-3.2 Overlay Zone Districts. Refer to Figure 3.2-1 Zoning Overlay District Map of the following overlay districts The
following are the Overlay Districts regulated by this Ordinance. Refer to 50-6 for the standards associated with these
districts.
A. Natural Feature Protection (NFP) Overlay District. Natural Features Protection (NFP) Overlay District is an overlay
district providing additional development standards for parcels containing or adjacent to Natural Features. Refer to
50-6.2.
B. Planned United Development (PUD). Planned United Development Overlay District is an overlay district that can be
used for any type of project, residential, commercial, public, or industrial or a mix of uses, to support unique projects that
do not align with anyone base zoning district. This overlay district requires the review and approval of a PUD Plan that
outlines how the development will differ from the base district over which it is applied. Refer to 50-6.3.
Article 50-4. Uses.
50-4.1 General Provisions. The following general provisions apply to the uses outlined in Table 4.1-1 Use Table:
A. Permitted Uses. Uses are either permitted by-right, permitted with development standards, or permitted if a
special use permit is granted from the Planning Commission.
B. Lot Type Required. All uses shall be located within a permitted Lot Type, unless otherwise specified. Refer to
Article 5 Zoning Standards: Lot Types for additional use standards that may differ based on a ground or upper floor
location within a building.
C. Required Licenses. Any facility that is required to be licensed by the State of Michigan shall have a valid license at
all times. It is a violation of this Code to operate at any time without a valid license.
50-4.2 Organization. The uses listed in the Table 4.1-1 are grouped into general categories andUses not listed in
Table 4.1-1 shall be interpreted as follows:
A. Unlisted Similar Uses. If a use is not listed, but is similar in character and impact to a use that isin the permitted,
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Table 4.1-1 Use Table

NNode LW1 LW2 D1 D2 D3 CNode CC2 CC
Residential/Lodging
Bed & Breakfast P P PD P P P
Hotel/Motel P P P P P P P P
Nursing Home/Assisted Living/Rehabilitation Center/
PD P PD P P PD P
Adult Foster Care
Residential (1 & 2 units) PD P PD PD PD P PD P PD
Residential (3 & 4 units) PD P P PD P P PD P PD
Residential: Multifamily (5 & more units) PD P P PD P P PD P PD
Rooming House PD P P PD P P PD P PD
Transitional Residence P P P PD
Civic/Institutional Uses
Assembly PD P P PD P P P P P
Assembly, Religious S S S P S PD P
College and University P P P P P P P
Hospital P P P P P
Library & Museum P P P P P P P P P
Parks, Open Space & Preserve P P PD P P P
Police & Fire Station P P P P P P P
School P P P P P
Commercial
Adult Regulated Use PD
Agriculture PD PD PD PD P
Day Care Center PD PD PD PD PD PD PD PD
Entertainment Sports (Participant - indoor) P P P P P P P P P
Entertainment Sports (Participant - outdoor) S S S S PD P
General Retail P P P P P P P P P
General Services P P P P P P P P P
Kennels PD PD PD PD P
Office P P P P P P P P P
Outdoor Sales & Storage S S S S S PD
Package Liquor PD PD PD PD PD PD PD PD
Parking (stand alone) PD PD PD PD PD PD
Vehicle Service PD/S PD/S PD/S PD/S PD/S
Industrial
Craftsman Industrial PD PD PD PD PD PD PD PD PD
Industrial PD
Warehouse & Distribution S S
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NNode LW1 LW2 D1 D2 D3 CNode CC2 CC

Marihuana, Adult-Use Establishments
Grower - All classes PD
Processor
Safety Compliance P PD P PD PD P PD PD P PD
Secure Transporter PD
Retailer PD PD PD PD PD PD
Microbusiness- All classes PD PD PD
Designated Consumption Lounge PD PD PD PD
Marihuana, Medical
Grower - All classes
Processor
Safety Compliance P PD P PD PD P PD P PD P PD
Secure Transporter PD PD
Provisioning Center PD PD PD PD PD PD
4.1-1 Use Table Key
P Permitted S Special Use
PD Permitted - Development Standards Required
Blank cell means the use is not permitted
permitted with development standards, or permitted with a special use permit, it may be interpreted by the City
Planner as similar.
B. Unlisted Dissimilar Uses. If a use is not listed and cannot be interpreted as similar to a listed use, the use is not
permitted.
50-4.3 Use Table. Table 4.1-1 outlines the permitted uses by zoning district. Uses are permitted in one of the following
ways.
A. Permitted. Uses in the table noted with “P” are permitted by right in the zoning district(s) in which they are listed.
B. Permitted, Development Standards Required. Uses in the table noted with “PD” are permitted by right in the zoning
district(s) in which they are listed provided that they are developed with the listed development standards. The
development standards listed are intended to manage potential impacts associated with it, making it appropriate in a
location where it might otherwise have not been allowed.
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C. Special Use. Uses in the table noted with “S” are permitted with the approval of a special use permit from the
Planning Commission in the Zoning District(s) in which they are listed.
50-4.4 Use Definition and Standards. The following details the uses listed in Table 4.1-1 and describes any
development standards necessary:
A. Residential/Lodging Uses.
(1) Bed and Breakfast. An establishment providing short term lodging and service of at least one (1) meal per day to
guests. The owner or operator must live on the same lot or a lot directly adjacent to the lot containing the bed and
breakfast.
(2) Hotel/Motel. An establishment that permits short term lodging with or without an in-room kitchen where the
rooms are accessed from an interior corridor or hallway (hotel) or exterior passageway (motel). Restaurant, meeting
spaces, and retail are commonly associated with this use.
(3) Nursing Home/Assisted Living/Rehabilitation Center/Adult Foster Care. Residence that provides short or long
term lodging with services such as meals, personal care, supervision of self-administered medication, medical
care, and therapy. This type of facility would not meet the definition of a hospital. In the districts where it is
Permitted with Development Standards (“PD”), the following standards apply is required:
(a) A rehabilitation center is permitted for up to six (6) persons.
(b) In Downtown 1, this use is not permitted on the ground floor,
(4) Residential. Dwelling units located within a primary structure on a lot. In the districts where residential is
Permitted with Development Standards (“PD”), the following standards apply: applies:
(a) In Nodes, and Downtown 1 (D1) Districts, residential units are not permitted in a building’s ground floor
occupied space (refer to 50.1-3.MM Occupied Space). Refer to Article 5 Zoning Standards for details and
exceptions.
(b) In Live Work 2 (LW2) and Downtown 3 (D3), Yard - Detached Lot Type is permitted only when it the building(s)
contains two (2) or more units.
(c) In Community Commercial (CC), residential is permitted except as follows:
[1] Detached, single unit residential is not permitted.
[2] Residential uses in the CC District are only permitted in conjunction with a commercial use(s), creating a mix of
uses on the site.
[3] Residential units are not permitted in the ground floor occupied space of a building that directly fronts the
front property line.
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(d) In Community Commercial (CC) and Community Commercial 2 (CC2) Districts, residential units must have access
to Usable Outdoor Space on site.
(5) Residential, Multi-Family. Five (5) or more dwelling units located within a primary structure on a lot. In the
districts where Residential Multi-Family is Permitted with Development Standards (“PD”), the following standards
apply:
(a) Multi-Family Units are not permitted in a building’s ground floor occupied space (refer to 50.1-3.MM Occupied
Space). Refer to Article 5 Zoning Standards for details and exceptions.
(b) In Community Commercial (CC), Multi-Family residential is permitted as follows:
[1] Residential uses in the CC District are only permitted in conjunction with a commercial use(s), creating a mix of
uses on the site.
[2] Multi-Family units are not permitted in the ground floor occupied space that directly fronts the front property line.
(c) In Community Commercial (CC) and Community Commercial 2 (CC2) Districts, residential units must have access
to usable outdoor space on site.
(6) Rooming House. A type of group living use in which space is let primarily for sleeping purposes, with or without
meals, by the owner or agent to persons who are not related to the owner or operator by blood, marriage, or
adoption. In the districts where a rooming house is Permitted with Development Standards (“PD”), the following
standards apply:
(a) Rooming House units are not permitted in a building’s ground floor occupied space (refer to 50.1-3.MM
Occupied Space). Refer to Article 5 Zoning Standards for details and exceptions.
(b) In Community Commercial (CC), a rooming house is permitted as follows:
[1] Rooming houses in the CC District are only permitted in conjunction with commercial uses, creating a mix of uses
on the site.
[2] Rooming House units are not permitted in the ground floor occupied space that directly fronts the front property
line.
(c) In Community Commercial (CC) and Community Commercial 2 (CC2) Districts, residential units must have access
to usable outdoor space on site.
(7) Transitional Residence. A residential facility that provides temporary accommodations and on-site management,
including 24-hour care, for its residents. Transitional residences can accommodate both individuals and families
and can serve a variety of populations, such as the homeless, domestic violence victims, or those recovering from
addictions. Residency often requires attendance at classes, trainings, or counseling sessions which may occur
on-site. Residents typically do not keep personal vehicles on site. In districts where a transitional residence is
Permitted with Development Standards (“PD”), the following standards apply applies:
(a) In Community Commercial (CC), a transitional residence is permitted as follows:
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[1] Transitional residences in the CC District are only permitted in conjunction with commercial uses, creating a mix of
uses on the site.
[2] Transitional Residence units are not permitted in the ground floor occupied space that directly fronts the front
property line.
B. Civic/Institutional Uses
(1) Assembly. A use that has organized services, meetings, or programs to educate, entertain, or promote discussion
amongst the community. It can be a public or private facility. Examples of Assembly include a club, lodge, theatre
or community center. In the districts where assembly is Permitted with Development Standards (“PD”), the following
standards apply: required:
(a) Private Membership. Clubs and lodges and other similar uses with limited hours or private membership are
not permitted in the ground floor occupied space of the ground floor in Node Districts.
(b) Downtown 1. Assembly uses are not permitted in the occupied space of the ground floor.
(2) Assembly, Religious. An assembly use that focuses on religion, a house of worship. Residential uses accessory
to the religious assembly use, such as convent, rectory, or caretaker’s residence, are permitted with this use. In
the districts where Religious Assembly is Permitted with a Special Use Permit (“S”) or Permitted with Development
Standards (“PD”), the following standards apply:
(a) Facilities that accommodate less than fifty (50) persons are permitted without obtaining a special use permit.
(3) College and University. An educational institution authorized to award associate, baccalaureate, or other higher
degrees and certificates.
(4) Hospital. A state licensed facility providing in-patient accommodations; a wide range of medical and surgical
care; and other in-patient health services for sick or injured persons. Permitted secondary uses with this type of
facility may include laboratories, outpatient department, training facilities, central services, offices, residences,
dining areas, and retail.
(5) Library and Museum. An establishment housing educational, cultural, artistic, or historic information resources,
and exhibits that is open to the public. Permitted secondary uses with this type of facility include retail space, food
sales, dining, and meeting rooms.
(6) Parks, and Open Space and Preserve. An area of land designed and equipped for passive or active recreation,
open air gathering, and/or natural areas. This use may include secondary uses such as retail or service uses,
community center, and museum or interpretative center. In the districts where Parks and Open Space is Permitted with
Development Standards (“PD”), the following standards apply.
(a) In the D2 District, special design attention should be given to the street wall and character of a block when
locating and designing a park and open space.
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(7) Police and Fire Stations. A facility that provides protection to a district or entity according to fire, life, and safety
code sections. Permitted secondary uses with this type of facility include storage of equipment, indoor and outdoor
parking of vehicles, offices, and residences. Police and Fire Stations are exempt from any entrance bay and vehicle
access standards noted in 5.6. Lot Types; the use of these standards is encouraged to support this use blending
within the neighborhood location.
(8) School. A public or private education facility, including elementary, middle, and high schools. Schools may
include space for classrooms, laboratories, gymnasium, pools, theaters, dining services, and outdoor athletic or
recreational facilities.
C. Commercial
(1) Adult Regulated Uses.
(a) Purpose.
[1] In the development and execution of this ordinance, it is recognized that there are some uses, commonly
known as adult uses or sexually oriented businesses, which, because of their very nature, have serious
objectionable operational characteristics. The impacts of these objectionable characteristics are exacerbated
when several adult uses are concentrated under certain circumstances or when one or more of them are
located in near proximity to a residential use or zone, religious assembly, school, park, playground or public
recreational area, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses
is necessary to prevent these adverse effects and to ensure that these adverse effects will not contribute to
the blighting or downgrading of the surrounding neighborhood. The controls contained within this ordinance
are for the purpose of preventing the negative secondary effects associated with adult uses and to prevent a
concentration of these uses within any one area, or to prevent deterioration or blighting of a nearby residential
neighborhood.
[2] It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health,
safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to
prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this
ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable
access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent
nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the
First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their
intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of
obscene material.
(b) Findings.
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[1] This Ordinance is based on evidence of the adverse secondary effects of adult uses that are within the common
knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime
impact reports made available to the City Commission, several of which are set forth in this Ordinance. Additionally,
the City Commission relies on repeated judicial findings of municipalities’ reasonable reliance on this body of
secondary effects evidence to support time, place, and manner regulations of sexually oriented businesses. The City
Commission relies upon and incorporates the findings of secondary effects discussed in the following nonexhaustive
list of cases from the U.S. Supreme Court: Pap’s A.M. v City of Erie, 529 U.S. 277 (2000); City of Los Angeles v Alameda
Books, Inc., 122 S. Ct 1728 (2002); City of Renton v Playtime Theatres, Inc. 475 U.S. 41 (1986); Young v American Mini
Theatres, 426 U.S. 50 (1976); Barnes v Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v City of Dallas, 493 U.S.
215 (1990); California v LaRue, 409 U.S. 109 (1972).
[2] The City Commission also relies on relevant decisions of federal appellate and trial courts: DLS, Inc. v City of
Chattanooga, 107 F 3d 403 (6th Cir. 1997); Currence v City of Cincinnati, 2002 U.S. App. LEXIS 1258; Broadway Books
v Roberts, 642 F. Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v City of Newport, 830 F. Supp. 378 (E.D. Ky. 1993);
Richland Bookmart v Nichols, 137 F 3d 435 (6th Cir. 1998); DejaVu v Metro Government, 1999 U.S. App. LEXIS 535
(6th Cir. 1999); Bamon Corp. v City of Dayton, 7923 F 2d 470 (6th Cir. 1991); Triplett Grille, Inc. v City of Akron, 40 F 3d
129 (6th Cir. 1994); O’Connor v City and County of Denver, 894 F 2d 1210 (10th Cir. 1990); DejaVu of Nashville, Inc., et
al v Metropolitan Government of Nashville and Davidson County, 274 F 3d 377 (6th Cir. 20901); ZJ. Gifts D-2, LLC v
City of Aurora, 136 F 3d 683 (10th Cir. 1998); ILQ Investments, Inc. v City of Rochester, 225 F 3d 1413 (Eighth Cir. 1994);
World Wide Video of Spokane, Inc. v City of Spokane, 227 F 3d 1143 (E.D. Wash. 2002); Threesome Entertainment v
Strittmother, 4 F. Supp. 2d 710 (N.D. Ohio 1998); Kentucky Restaurant Concepts, Inc v City of Louisville and Jefferson
County, 209 F. Supp. 2d 672 (W.D. Ky. 2002).
[3] Additionally, the City Commission expressly relies upon Michigan cases relating to adult businesses, municipal
regulatory authority, and public nuisances including, but not limited to, the following cases: Rental Property Owners
Association of Kent County v City of Grand Rapids, 455 Mich 246, 566 NW2d 514 (1996); Michigan ex rel Wayne
County Prosecutor v Dizzy Duck, 449 Mich 353, 535 NW2d 178 (1995); City of Warren v Executive Art Studio, 1998 Mich
App LEXIS 2258 (1998); Tally v City of Detroit, 54 Mich App 328 (1974); Jatt, Inc v Clinton Township, 224 Mich App 513
(1997).
[4] The City Commission notes that media reports document the harms associated with adult businesses as well:
See, e.g., Muskegon Man Convicted in Beating Death of Adult Bookstore Manager, Associated Press State & Local
Wire, Sept. 9, 1999; Katie Merx, X-Rated Inkster Theater Razed: Officials, Cops, Residents Cheer Demolition of Melody,
An Embarrassment for 22 Years, The Detroit News, August 19, 1999, at D3 (discussing documented sexual activity in
and around adult business); Craig Garrett, Suburbs Declare War on Smut Shops, The Detroit News, June 30, 1999,
at A1 (describing how adult theater patrons would solicit young people in the area for sex); Justin Hyde, Warren
Leaders Want to Pursue Product Liability Against Porn Shop, Associated Press State & Local Wire, Feb. 4, 1999 (child
rapist arrested in peep show establishment).
[5] The City Commission further relies on reports concerning secondary effects occurring in and around sexually
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oriented businesses, including, but not limited to, Phoenix, Arizona — 1984; Minneapolis, Minnesota-1980; Houston,
Texas — 1997; Indianapolis, Indiana — 1984; Amarillo, Texas — 1977; Garden Grove, California — 1991; Los Angeles,
California — 1977; Whittier, California — 1978; Austin, Texas — 1986; Seattle, Washington — 1989; Oklahoma
City, Oklahoma — 1986; Cleveland, Ohio — 1977; Dallas, Texas — 1997; McCleary Report, Alliance, Ohio — 2002;
Tucson, Arizona — 1990; Testimony, Warner-Robins, Georgia — 2000; St. Croix County, Wisconsin — 1993; Bellevue,
Washington — 1998; Newport News, Virginia — 1996; St. Cloud, Minnesota — 1994;; New York Times Square Study
— 1994; Phoenix, Arizona — 1995-1998; and also on findings of physical abuse from the paper entitled “Stripclubs
According to Strippers: Exposing Workplace Sexual Violence” by Kelly Holsopple, Program Director, Freedom and
Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from “Sexually Oriented Businesses: An
Insider’s View” by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law,
Jan. 12, 2000, and the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented
Businesses (June 6, 1989, State of Minnesota). Based on the cases and reports documenting the adverse impact of
adult businesses, the City Commission finds:
[a] Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse
secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of
disease, lewdness, public indecency, illicit drug use and drug trafficking, negative impacts on property values,
urban blight, pornographic litter, and sexual assault and exploitation.
[b] Sexual acts, including masturbation, oral and anal sex, occur at unregulated sexually oriented businesses,
especially those that provide private or semi-private booths, rooms, or cubicles for viewing films, videos, or live
sexually explicit shows.
[c] Each of the foregoing negative secondary effects constitutes a harm that the City has a substantial
governmental interest in preventing and/or abating.
(c) (b) Applicability. The following adult regulated uses are subject to these controls:
[1] Adult arcade or mini-motion-picture theaters;
[2] Adult bookstores, adult novelty stores, or adult video stores;
[3] Adult booths;
[4] Adult cabarets;
[5] Adult motels;
[6] Adult motion-picture theaters;
[7] Adult outdoor motion-picture theaters;
[8] Adult model studios;
[9] Adult physical culture businesses;
[10] Adult theaters; and
[11] Adult personal service businesses.
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(d) Conditions. All adult regulated uses shall comply with all of the following conditions:
[1] No person or entity shall operate or maintain or cause to be operated or maintained an adult regulated use
within 750 feet of:
[a] A religious assembly;
[b] A public or private educational facility, including but not limited to, child day care facilities, nursery schools,
preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools,
middle schools, high schools, vocational schools, secondary schools, continuation schools, special education
schools, junior colleges and universities. School shall include the school grounds, but does not include
facilities used primarily for another purpose and only incidentally as a school;
[c] Family day care homes or group day care homes;
[d] An entertainment use that has as its principal use children or family entertainment as demonstrated by
business activity that caters predominantly to on-site patronage by minors and is open for such business at
least 25 hours per week;
[e] A lot or parcel of land in any zone primarily devoted to a residential use;
[f] Any other adult regulated use as defined in this chapter.
[g] A public park or recreational area that has been designated for park or recreational activities, including
but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball, tennis
court, wilderness areas, or other similar public land within the City that is under the control, operation, or
management of the City or other unit of government;
[h] A zoning district boundary of a residential district as defined in the City Zoning Ordinance.
[1] For purposes of the uses listed in Subsections 4.a.(1) through (6) above, the distance limitations above shall be
measured in a straight line without regard to intervening structures or objects from the lot occupied by the adult
regulated use to the nearest point of the lot occupied by any of the uses so listed in Subsection 4.a.(1) through
(6).
[2] For purposes of Subsections 4.a.(7) and (8), the distance limitations shall be measured in a straight line without
regard to intervening structures or objects from the property line of the lot occupied by the adult regulated
use to the nearest point of the property line occupied by the public park or other recreational areas so listed in
Subsection 4.a(7) or the zoning district boundary of the residential district as provided in Subsection 4.a(8).
[3] No building, premises, structure, or other facility that contains any adult regulated use shall contain any
other kind of adult regulated use. The Zoning Board of Appeals may grant permission for more than one adult
regulated use to operate in a single building, provided that an equal or greater number of adult regulated uses
are removed from elsewhere in the City. The location where an adult regulated use is removed pursuant to
this section shall not be reused for any adult regulated use in the future. If the Zoning Board of Appeals grants
permission for more than one adult regulated use to operate in a single building, it shall not be construed to be
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a violation of Subsection 4.a(6).
[4] Adult regulated uses shall comply with all sign requirements refer to Article 9 Signs.in § 4.2.B: Adult Regulated
Uses, and in Chapter 7: Signs.
[5] No advertisement, display of product or entertainment on the premises, signs or other exhibits that display
“specified sexual activities” and/or “specified anatomical areas” shall be displayed in window areas or other area
where the same can be viewed by pedestrians and motorists on any street, sidewalk, or other public place.
[6] No person shall reside in, or permit any person to reside in, the premises of an adult regulated use.
[7] No person operating an adult regulated use shall knowingly permit any person under the age of 18 to be on
the premises of said business, either as an employee or as a customer.
[8] No person shall become the lessee or sublessee of any property for the purpose of using said property for
an adult regulated use without the express written permission of the owner of the property for such use and
appropriate approvals from the City of Kalamazoo.
[9] The building and site, including building openings, entries, exits and windows, shall be designed,
constructed, and maintained so that material, entertainment, and/or performances that display “specified
sexual activities” and/or “specified anatomical areas” cannot be observed by pedestrians and motorists on any
street, sidewalk, or public right-of-way, or from an adjacent land use.
[10] The adult regulated use shall satisfy all requirements for a full site plan and all landscaping requirements of
the City Zoning Ordinance. The adult regulated use shall also demonstrate that the site meets all of the traffic
and access management standards of the City of Kalamazoo. The site plan shall include a diagram that shows
all land use zoning districts and any of the uses described in Subsection 4.a above which are located within 750
feet of the proposed adult regulated use.
[11] No adult regulated use shall operate until it has satisfied all provisions of this chapter, all other applicable
provisions of the Zoning Ordinance, and any other federal, state or local regulations.
(e) Change of Use by Lessee or Sublessee. No lessees or sublessee of any property shall convert that property
from any other use to an adult regulated use unless the location of the property conforms to the standards in
Subsection 4 above.
(f) Certain Uses Exempt. The following uses are exempt from the provisions of the terms and conditions of this
chapter and are subject to the other provisions of the City Zoning Ordinance, and the following uses shall not be
construed to be included in any of the definitions of this chapter:
[1] Accredited hospitals, nursing homes, sanitariums or other licensed health care facilities, physicians, surgeons,
chiropractors, osteopaths, physical therapists, registered nurses, and other establishments or professionals duly
licensed under the laws of the state while engaged in the activities for which they are so licensed.
[2] Barbers, beauticians, barber shops, and beauty parlors licensed under the laws of the state that also offer
massages, provided that massages involved are limited to the head, shoulders, scalp, neck, hands, and feet.
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Such establishments that also provide activities that fall under the definition of “adult personal service business”
in this chapter shall, however, be governed by the provisions, terms, and conditions of this chapter.
[3] Public and parochial school and college or professional athletic coaches and trainers while acting within the
scope of their school employment; and
[4] Professional massage therapy enterprises, where each massage therapist has met the following criteria:
[a] Proof of graduation from a school of massage licensed by the State of Michigan or another state with
equivalent standards, consisting of at least 500 classroom hours of instruction and practical training that
include 300 hours of theory and practice of massage therapy, 100 hours of anatomy and physiology, and
100 hours of elective subjects; or proof of completion of a comprehensive course of study in a massage
training program at an American community college or university that requires at a minimum the training and
curriculum above; and
[b] Proof of current professional membership in the American Massage Therapy Association, International
Myomassethics Federation, Associated Bodywork and Massage Professionals, or other national massage
therapy organization with comparable prerequisites for certification, including liability insurance and testing.
[5] Nonprofit organizations operating a community center, swimming pool, tennis court, or other educational,
cultural, recreational, or athletic facilities that are used primarily for the welfare of the residents of the area.
[6] Unlawful Activities. Nothing contained in this Section chapter is intended, or shall be construed, to permit or
authorize activities that are unlawful under state law or City ordinance.
(2) Agriculture. Growing of food crops indoor or outdoors for personal use, donation, or sale (on or off site); this
excludes the growth of marihuana plants for medicinal or recreational purposes (Refer to 4.5.E and F for Marihuana
regulations). In the districts where Agriculture is Permitted with Development Standards (“PD”), the following
standards apply:
(a) Size. Maximum lot size is 10,000 square feet.
(b) Lot Type. No Lot Type is required applies unless a hoop house, green house, or farm stand are constructed,
then 50.6.G Outdoor Market Lot Type shall apply.
(c) Other Secondary Buildings. Sheds, garages, and other Secondary Buildings not noted in 50.4-4.C(1)(b) shall
follow the standards for Accessory Structures, refer to 50-4.5.B
(d) Intensity. Use of outdoor farm machinery is not permitted.
(3) Day Care Center. A use providing care, protection, and supervision for children or adults on a regular basis
away from their primary residence for periods of less than twenty-four (24) hours. Refer to 50-5.5D(5)(k) for In-Home
Day Care. In the districts where a day care center is Permitted with Development Standards (“PD”) the following is
required.
(a) Outdoor Play Area. At least one (1) outdoor play area will be provided on-site as follows.
[1] Size. The size of this play area will be measured at a rate of one hundred (100) square feet for each child the
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facility is permitted to have at maximum attendance.
[2] Enclosure Requirement. The on-site play area must be enclosed on all sides by building or fencing.
[3] Shared Space. In Downtown, Live Work, and Node Districts, public parks or private parks with written permission,
can be used to meet the outdoor play area requirement, provided that the park is located within a walkable
distance of the day care facility.
(b) In-Home Day Care Facilities. Day care facilities located in a residence, also referred to as a in-home day care
facility, containing seven or more participants require a special use permit.
(4) Entertainment and Sports. An establishment that provides entertainment, sports, and recreation activities for
participants. These may occur indoor, including such indoor facilities as bowling alleys, escape rooms, pool,
billiards, arcade, theatre, and outdoors, such as mini golf, ropes courses, swimming pools, and driving ranges. In
the districts where Entertainment and Sports is Permitted with a Special Use Permit (“S”) or Permitted with Development
Standards (“PD”), the following is requried:
(a) Outdoor Market Lot Type. Entertainment and Sports-Outdoor uses require the use of the Outdoor Market Lot Type.
(b) Street Type Restriction. Entertainment and Sports - Outdoor uses are not permitted to primarily front Local
Neighborhood Street Types.
(5) General Retail. A category of uses involving the sale of goods and merchandise. General Retail includes such
uses as those listed in table 4.4-1.
(6) General Services. A category of uses that provides patrons services and often retail products related to those
services. General Services includes such uses as those listed in table 4.4-1.
(7) Kennels. Care of domestic and small animals, such as dogs and cats, that can include day or overnight care.
Kennels can be located inside a building or outside and may also provide grooming and training services. In the
districts where a kennel is Permitted with Development Standards (“PD”), the following standards apply.
(a) Outdoor Facilities. Outdoor kennels are not permitted.
(b) Accessory Use. In Live Work 1 (LW1), Community Commercial 2 (CC2), and Downtown 3 (D3), kennels are only
permitted as an accessory use to a pet store, pet adoption center, veterinary service, or similar use.
(8) Office. A category of uses that involve the transactional affairs of a profession service, industry, or government.
Patrons of these uses typically have set appointment or meeting times; these businesses do not typically rely on
walk-in customers.
(9) Outdoor Sales and Storage. A use that involves the sale, rental, and minor repair of items where the majority of
the goods are stored or displayed outdoors. This includes such uses as sale and rental of vehicles with less than
10,000 pounds gross cargo weight, motor homes, and boats and the sale of building or landscape materials such
as plants, gravel, or rocks. Sale or rental of vehicles over 10,000 pounds gross cargo weight is considered an Industrial
use, refer to 50-4.4D. In the districts where outdoor sales and storage is Permitted with Special Use Permit (“S”) or
Permitted with Development Standards (“PD”), the following standard applies.
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(a) Street Type Restriction. Outdoor Sales and Storage uses are not permitted to primarily front on Local or Enhanced
(b) Setback of Items or Materials. Outdoor sales and storage items or materials, including both vehicles and loose
items, shall adhere to the following setback requirements:
[1} A side and rear setback of twenty-five (25) feet is required unless the adjacent property is zoned Manufacturing
(M).
[2] Outdoor Sales and Storage materials are not permitted in any required setback or build-to zone.
[3] Outdoor storage of loose items is not permitted within fifty (50) feet of a Wetland or Water Resource, as defined in
Article 50-6.2C and D.
(c) Minimum Lot Size. Outdoor vehicle sales lots are only permitted in Live Work 1 (LW1) or Community Commercial 2
(CC2) on lots larger than half an acre.
(d) Improved Surface. Storage of items or materials must be on an improved surface, such as concrete or asphalt.
General Retail Uses General Service Uses

Apparel & Accessories Animal Board, Day Care (no outdoor kennels)
Art, Craft, Hobby Store Bank, Financial Services
Automotive Supply (no service) Catering

Bakery Dance or Music Studio
Bicycle, Scooter, Moped Sales Dry Cleaning, Laundry-mat
Book Magazine, Newspaper Eating & Drinking Establishment, Cafe, Coffee Shop,
Convenience Store Brewpub, Tavern, Lounge

Drug Store/Pharmacy Fitness (ex: Gym, Yoga, Pilates, Dance Studio)
Florist Framing
Home Furnishing & Accessories Funeral Home
Grocery Store, Specialty Foods Locksmith
Hardware Store Mail system, copying, printing
Office Supplies Medical Services, Optical, Urgent Care
Paper, Stationary Store Pet Grooming
Pet & Pet Supply Shop Personal Services (salon, spa, barber shop)
Sporting Goods Sales & Rental Repair of Small Goods, household goods, electronics
Toy Shop Tailor & Seamstress

Video Games & Electronic Sales Tattoo, Piercing
Training Center
Travel Agency
Veterinarian Services
Table 4.4-1. Examples of General Retail & Service Uses.
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(b) Structure. A building is required to house the office, sales management, on-site security, or other similar
functions.
(e) Loose items. The following standards apply to the storage of loose items or materials, including, but not limited to
rocks, dirt, stone, and other landscape materials and scrap or recycling materials.
[1] Outdoor storage of loose items is not permitted in Downtown 3 (D3), Live Work 1 (LW1), and Community
Commercial 2 (CC2).
[2] Outdoor storage of loose items may not be stacked higher than the fencing or wall surrounding the material;
except in Manufacturing 2 District (M2).
(f) Structure. Structures associated with Outdoor Sales and Storage shall adhere to the following:
[1} A building is required to house the office, sales management, on-site security, or other similar functions.
[2] Structure Location. Except in Community Commercial (CC) District, the Outdoor Market Lot Type standards must
be followed and the front facade of the building shall be located within ten (10) feet of the front property line.
Refer to 5.6.G Outdoor Market Lot Type.
(f) Screening. Storage outdoor items or material must be screened from view as follows:
[1] Storage of all items or materials shall be screened on the side and rear property lines per 50-8.3(E) Side and Rear
Landscape Screening.
[2] Storage of loose items must be screened from view of adjacent streets, except in the Community Commercial
(CC)and Manufacturing (M) Districts.
(10) Packaged Liquor. A retail establishment licensed by the Michigan Liquor Control Commission selling packaged
alcoholic liquors, including beer, wine, and spirituous liquors, for consumption off-site. This use does not include
establishments meeting the definition of an Eating and Drinking Establishment and Grocery Store. eating and
drinking establishment or Ggrocery Sstores. In the districts where packaged liquor is Permitted with Development
Standards (“PD”), the following standards apply: is required.
(a) A minimum distance of 2,460 2,640 feet is required between locations of packaged liquor uses.
(b) A minimum distance of five-hundred (500) feet is required from parcels containing a religious assembly and
school use.
(c) Calculations to determine the required distance are made along the adjacent street center lines by measuring
between two (2) fixed points located on the center line(s) that are determined by drawing perpendicular lines
from the closest edge of the building containing the use in question to the center line of the adjacent street.
(d) Street Type Restriction. Package Liquor is not permitted to primarily front on Local Neighborhood or Enhanced
(11) Parking Lot (Stand Alone). A lot in which the primary use is parking of vehicles for public use or private use of
adjacent businesses and residences. In the districts where parking lot is Permitted with Development Standards
(“PD”), the following standards apply: is required..
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(a) Parking lots may not be used as towing service storage and storage for inoperable vehicles.
(b) Corner Lot. In Live Work 1 (LW1), Live Work 2 (LW2), Community Commercial 2 (CC2), Downtown 2 (D2), and
Downtown 3 (D3), a parking lot is not permitted on a corner lot.
(c) Street Type Limitations.
[1] Prohibited Locations. Priority Streets. A parking lot is not permitted on a lot that fronts a Priority Event/Festival
and Urban Center Street.
[2] Required Treatment When Fronting on a Street.
[a] Additional Approval. A parking lot is not permitted on a lot that fronts a Downtown Main Main or Connector
street without a special use permit unless it is directly adjacent to the building that it serves.
(d) Landscape and Screening. Landscape and screening are required, refer to 50-8.5. Fences, Walls, and Screening.
Fencing up to forty-two (42) inches in height is permitted in the landscape buffer along a street. Refer to Appendix A
6.3 Screens & Fencing for more information on fences.
(12) Vehicle Services. A category of uses that involve the servicing of vehicles and/or the sale of fuel. General
retail is often associated with vehicle service uses. This category includes, vehicle service shops, car wash, and
gas stations. In the districts where Vehicle Service is Permitted with Development Standards (“PD”), the following
standards apply:
(a) Use Limitations. [1] Street Type Restriction. Vehicle Service uses are not permitted to primarily front on Local
Neighborhood or Enhanced Neighborhood Street Types.
(b) Screening. Perimeter landscaping or fencing is required along side and rear yards. Refer to 50-8.5. Fences, Walls,
and Screening.
(c) Lot Types. In Live Work 1 (LW1), Downtown 3 (D3), and Community Commercial 2 (CC2) Gas Stations shall follow the
Outdoor Market Lot Type and have the front facade of the building located within fifteen (15) feet of the front property
line. Refer to 5.6.G Outdoor Market Lot Type.
(d) Vehicle Bays. Bays may not face a primary street.
(e) Outdoor Activities. Outdoor activities are permitted as follows:
[1] Outdoor vacuuming areas are permitted in the side and rear yards only.
[2] Outdoor vacuuming is not permitted in the following locations:
[a} Lots adjacent to an open space, park, or preserve.
[b] Lots adjacent to a residential Zoning District.
[3] Washing areas are not permitted outside.
[4] Repair or service activities or equipment are not permitted outside.
[5] Outdoor storage of vehicles awaiting service is not permitted. Vehicles awaiting pick up are permitted on site for
up to three (3) days and shall be located in the rear or side yard.
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(f) Gas Stations.
[1] Gas stations require a special use permit.
[2] Gas stations not permitted in Live Work 2

[3] [b] Sale of packaged liquor at gas stations is permitted but must adhere to the development standards
required for the packaged liquor use. Refer to 50.4-4.C(10).
[c] Gas stations not permitted in Live Work 2.
(g) Car Wash.
[1] A car wash requires a special use permit,
[a] Outdoor vacuuming is not permitted on lots adjacent to an open space, park, or preserve. Outdoor vacuuming is
not permitted on lots adjacent to a residential zoning district.
[2] Car washes are not permitted in Live Work 2.
(h) Over-sized Vehicles. Services for semi-trucks and other oversized vehicles is only permitted in Community
Commercial (CC) and Manufacturing (M) Districts.
D. Industrial. Industrial uses are not permitted to front on Local Neighborhood or Enhanced Neighborhood Street Types.
(1) Craftsman Industrial. A use involving small scale manufacturing,

Table 4.4-2. Examples of Craftsman Industrial
production, assembly, and/or repair that includes a showroom or
retail space open to the public with no environmental or nuisance
Craftsman Industrial
impact; may also be referred to as maker spaces. Refer to table
Apparel, Accessories, & Finished Fabrics
4.4-2 for examples of uses permitted in Craftsman Industrial. In the
Art, Glass, Textiles, Ceramics, Pottery,
districts where Craftsman Industrial is Permitted with Development
Woodworking
Standards (“PD”), the following standards apply:
Brewing, Distilling, & Roasting
Commercial Copying & Printing (a) Retail Component.
Construction, Special Trades [1] At least ten (10) percent of the floor area must be public
Electronic Assembly showroom or retail space.
Food Preparation & Production- Bakery, [2] Retail and/or showroom component shall be located along the
Beverages, Desserts, Canning, Preserving, front facade of the building and utilize a storefront or stoop entrance
Pasta, Dairy, etc treatment. Refer to 5.5 Street Facing Facades.
Furniture & Fixtures, Household Textiles, Home
(b) Size Requirements. Maximum facility size of 10,000 square
Furnishing & Accessories
feet is permitted in Live-Work 1 (LW1), Node districts, Community
Metal Products - Engraving, welding
Commercial 2 (CC2), Downtown 1 (D1), and Downtown 2 (D2) districts.
Music Instruments, Recording Studio
(c) Outdoor Storage. Outdoor storage of goods is permitted in Live-
Small Good Manufacturing & Repair
Work 2 and Community Commercial (CC) with Craftsman Industrial
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uses provided the area used for storage is less than or equal to five (5) percent of the site’s lot area. Refer to
4.5.C(9) for additional requirements.
(2) Industrial. A category of uses that allow for the production, processing, assembling, and packaging of goods.
This category of uses does not have environmental or nuisance conditions that are detectable at the property lines
of the site. Associated with the category are uses such as offices, warehousing, and loading or service bays. In the
districts where Industrial is Permitted with Development Standards (“PD”), the following standards apply :
(a) Entrance Bays. Entrance bays are not permitted on facades facing primary streets unless they are located
more than fifty (50) feet beyond the building’s front facade.
(b) Outdoor Activities.
[1] Fuel pumps are not permitted.

[2] Outdoor Storage is permitted. Refer to 4.5.C((79) for additional requirements.
(c) Size. Maximum size of manufacturing facility is 20,000 square feet, this calculated area excludes office,
showroom, or retail space. Larger facilities require review through a special use permit.
(3) Warehouse and Distribution. An industrial use involving significant commercial vehicle access and large-scale
storage, both indoors and outside. In the districts where Warehouse and Distribution is Permitted with Special Use
Permit (“S”), the following standards apply:
(a) Size Requirements. Maximum facility size is 20,000 square feet.
(b) Outdoor Activity. Fuel pumps and outdoor storage are permitted as follows.
[1] Must be located in the rear yard.
[2] Must be screened from all adjacent uses. Refer to 50-8.5. Fences, Walls, and Screening. according to 6.2
Landscaping and Open Spaces in Appendix A.
[3] Outdoor Storage shall follow the standards in 4.5.C(9).
(c) Vehicle Entrance Bays. Entrance bays are not permitted on facades facing primary streets in the Live Work 2
(LW2) District.
E. Adult-Use Marihuana. A category of uses permitting adult use establishments licensed pursuant to the MRTMA
and Chapter 20B of the City Ordinances.
(1) General Provisions. The following apply to all adult use marihuana establishments, unless otherwise noted.
(a) General Requirements.
[1] All location criteria and required separation distances apply to both new marihuana establishments and to
any proposed change in the location of an existing marihuana establishment.
[2] All location criteria and required separation distances apply to both marihuana establishments and similar
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protected uses located in adjacent governmental jurisdictions.
[3] A marihuana establishment is prohibited from operating in any residential Zoning District or in a residential
unit.
[4] Drive throughs are not permitted with any establishment.
[5] Street Type Restriction. Adult-Use Marihuana uses are not permitted to primarily front on Local Neighborhood or
Enhanced Neighborhood Street Types.
[6] Co-Location. Where permitted, marihuana establishments may operate from a location shared with an
equivalent licensed marihuana establishment. The following are required for this co-location.
[a] Entrances to each establishment shall be physically separated.
[b] Each establishment must have distinct and identifiable areas designated within the structure.
[c] Each establishment suite or tenant space must have a separate address.
[d] Each establishment must have separate inventory, record keeping, and point of sale operations.
[7] [5] A licensee may not operate a marihuana establishment at any place in the City other than the
address provided in the application on file with the City Clerk.
[8] [6] A licensee must operate the licensed establishment in compliance with all applicable State and City
regulations for that type of establishment.
(b) Location Criteria. All marihuana establishment types must meet the following location criteria, except Safety
Compliance Operations:
[1] Required Distance.
[a] A marihuana establishment must not operate within one thousand (1,000) feet of a pre-existing private or
public school, providing education in kindergarten or any grades 1 through 12.
[b] A marihuana establishment must not operate within five hundred (500) feet of a pre-existing State-licensed
childcare center, public playground, public pool, or youth center.
[2] Measuring the Required Distance. The required distance is measured in a straight line from the nearest
property line of a protected use to the nearest portion of the building or unit in which the marihuana
establishment is located.
(c) Shared Location. Marihuana establishments may operate from a location shared with an equivalent licensed
marihuana facility, except where a separation distance is required.
(2) Grower Establishments. Growers are licensed to cultivate marihuana and sell or otherwise transfer marihuana
to marihuana establishments The three (3) grower license types are Class A (authorized to grow up to 100 plants);
Class B (authorized to grow up to 500 plants); and Class C (authorized to grow up to 2000 plants). An Excess Grower
holds five (5) Class C Adult Use Marihuana Grower & at least two (2) Class C Medical Marihuana Grower licenses.
In the zoning districts where a Grower Establishment is Permitted with Development Standards, the following
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standards apply:
(a) Class A Grower Establishments are permitted as follows:
[1] In Zones Community Commercial (CC), Limited Manufacturing (M1), and General Manufacturing (M2).
[2] In Zone CC, all grow operations must be conducted within an enclosed building.
(b) Class B and Class C Grower Establishments are permitted in Zones Limited Manufacturing (M-1), and General
Manufacturing (M-2).
(c ) Excess Grower Establishments are permitted in Zone General Manufacturing (M2).
(d) Permitted Outdoor Activities. All Grower facilities and operations must be within an enclosed building, except
cultivation may occur in an outdoor area under the following conditions.
[1] Area is contiguous with the facility building.
[2] Area is fully enclosed by fences or barriers that block outside visibility of the marihuana plants from public
view.
[3] Marihuana plants cannot grow above the height of the fence or barrier.
[4] The fence is secured and only accessible to authorized persons and emergency personnel.
[5] Area is located at least five hundred (500) feet from a residential Zone District.
(3) Processor Establishments. Processors are licensed to obtain marihuana from marihuana establishments;
process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments. In
the zoning districts where a Processor Establishment is Permitted with Development Standards, the following
standards apply:
(a) Permitted in Limited Manufacturing (M1), and General Manufacturing (M2).
(b) All processing operations must be conducted within an enclosed building.
(4) Safety Compliance Operations Establishment. Safety Compliance Establishments are licensed to test
marihuana, including certification for potency and the presence of contaminants. In the Districts where Safety
Compliance Facility is Permitted with Development Standards, the following standards apply:
(a) Permitted in the following zones. Community Commercial (CC), Community Commercial 2 (CC2), Live Work 1
(LW1), Live Work 2 (LW2), Downtown 3 (D3), Business Technology, and Research (BTR), Limited Manufacturing
(M1), and General Manufacturing (M2).
(b) Street Type Limitations. In Downtown 2 (D2), a safety compliance facility cannot be located in the occupied
space along a Priority Event/Festival and Urban Center Street side of a building.
(5) Secure Transporter Establishment. Secure Transporter Establishments are licensed to obtain marihuana from
marihuana establishments in order to transport marihuana to marihuana establishments. In the zoning districts
where Secure Transporter Establishment is Permitted with Development Standards, the following standards apply:
(a) Permitted in Zones Community Commercial (CC), Limited Manufacturing (M1), and General Manufacturing
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(M2).
(b) In Zone CC, warehousing activity is only permitted as an accessory use to the principal permitted Secure
Transporter use.
(6) Retailer Establishment. Retailer Establishments are licensed to obtain marihuana from marihuana
establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who
are 21 years of age or older. In the zoning districts where a Retailer Establishment is Permitted with Development
Standards, the following standards apply:
(a) Permitted in the following Zones Community Commercial (CC), Community Commercial 2 (CC2), Live Work 1
(LW1), and Downtown Districts 1-3.
[1] Live Work 1 (LW1) and Community Commercial 2 (CC2) when not located on an Enhanced Neighborhood or
Local SubUrban, Connector, or Main Street street type.
[2] Downtown 1 (D1), Downtown 2 (D2), Downtown 3 (D3). In D3, only when not located on an Enhanced
Neighborhood or Local SubUrban, Connector, or Main Street street type.
[3] Community Commercial (CC).
(b) Permitted in Zones Limited Manufacturing (M-1) and General Manufacturing (M-2) when operated as part of a
single establishment engaged in Grower and Processor operations.
(c) All Retailer activities must be conducted within an enclosed building.
(d) A Retailer is not permitted on the same property or parcel or within the same building where any of the
following are located:
[1] A package liquor store.
[2] A convenience store that sells alcoholic beverages.
[3] A fueling station that sells alcoholic beverages.
(e) A separation distance of 1,000 feet is required from any other provisioning center or retailer, except when the
retailer is co-located with a provisioning center, as provided by state regulations and this ordinance, and except in
the following situations.
[1] A separation distance of five hundred (500) feet is permitted when an applicant or a group of applicant-
owners with fifty-one (51) percent % or more ownership in the Retailer Establishment is one of the following
[a] A City of Kalamazoo resident living within Census Tracts 1, 2.02, 3, 9, and 10 for the past three (3) years
[b] A City of Kalamazoo resident with a marihuana conviction that does not involve distribution of a controlled
substance to a minor.
[2] A location shared with a licensed Provisioning Center
(f) A Retailer is not allowed within six hundred sixty (660) feet of the following intersections: E. Cork St. and
S. Burdick St., the intersection of E. Cork St. and Portage St., and the intersection of W. Ransom St. and N.
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Westnedge Ave.
(g) The consumption of marihuana products is not permitted on the premises of Retailer. at a retail establishment.
(7) Microbusiness Establishment. There are two types of Microbusiness licenses. A Microbusiness is licensed to
cultivate not more than one hundred and fifty (150) marihuana plants; process and package their own-grown
marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a
marihuana safety compliance establishment, but not to other marihuana establishments. Class A Microbusinesses
are similar, except that they are licenses to cultivate not more than three hundred (300) marihuana plants; process
and package either their own plants or marihuana products obtained from other licensed processors. In the Zoning
Districts where a Microbusiness Establishment is Permitted with Development Standards, the following standards
apply:
(a) Permitted Districts.
[1] Class A Microbusinesses are permitted in Zones Community Commercial (CC), Live Work 2 (LW2), Limited
Manufacturing (M1), and General Manufacturing (M2).
[2] Microbusiness License are permitted in permitted in +Community Commercial (CC), Community Commercial 2
(CC2), Live Work 2 (LW2), Limited Manufacturing (M1), and General Manufacturing (M2).
(b) In Zones Community Commercial (CC), Community Commercial 2 (CC2), Live Work 2 (LW2) CC and LW2 the
following standards requirements apply:
[1] All business activities must be conducted within an enclosed building.
[2] The use of any substances with a flashpoint below one hundred (100) degrees Fahrenheit for processing is
prohibited.
(c) A separation distance of five hundred (500) feet is required from another Microbusiness Establishment with
the following exceptions:
[1] A separation distance of two hundred and fifty (250) feet is permitted when an applicant or a group of
applicant-owners with fifty-one (51) percent % or more ownership in the Microbusiness Establishment is one of
the following.
[a] A City of Kalamazoo resident living within Census Tracts 1, 2.02, 3, 9, and 10 for the past three (3) years.
[b] A City of Kalamazoo resident with a marihuana conviction that does not involve distribution of a controlled
substance to a minor.
[2] No separation distance is required within Zones Limited Manufacturing (M-1) or General Manufacturing (M2).
(8) Designated Consumption Establishment. A designated Consumption Establishment is a commercial space

that is licensed for the consumption of marihuana products by persons 21 and older. In the zoning districts where a
Designated Consumption Establishment is Permitted with Development Standards, the following standards apply:
(a) Permitted in the following Zones:

[1] Community Commercial (CC)
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Neighborhood or Local Neighborhood SubUrban, Connector, or Main Street street type. Street Type.
(b) Indoor Activities. Consumption of marihuana products must occur indoors.
(d) A Consumption Establishment is not permitted on the same property or parcel or within the same building
where any of the following uses are located:
F. Medical Marihuana. A category of uses permitting medical marihuana facilities licensed to operate pursuant to the
MMFLA and Chapter 20B of the City ordinances.
(1) General Provisions. The following apply to all medical marihuana facilities, unless otherwise noted.
(a) General Requirements.
[1] All location criteria and required separation distances apply to both new medical marihuana facilities and to
any proposed change in the location of an existing medical marihuana facility.
[2] All location criteria and required separation distances apply to both medical marihuana facilities and similar
protected uses located in adjacent governmental jurisdictions.
[3] A medical marihuana facility must not operate in any residential zoning district or in a residential unit.
[4] Drive throughs are not permitted with any facility.
[5] Street Type Restriction. Medical Marihuana uses are not permitted to primarily front on Local Neighborhood or
Enhanced Neighborhood Street Types.
[6] Co-Location. Where permitted, marihuana facilities may operate from a location shared with an equivalent
licensed marihuana facility. The following are required for this co-location.
[a] Entrances to each facility shall be physically separated.
[b] Each facility must have distinct and identifiable areas designated within the structure.
[c] Each facility suite or tenant space must have a separate address
[d] Each facility must have separate inventory, record keeping, and point of sale operations.
[7] A licensee may not operate a marihuana facility at any place in the City other than the address provided in the
application on file with the City Clerk.
[8] A licensee must operate the licensed facility in compliance with all applicable state and City regulations for
that type of facility.
(b) Location Criteria. All marihuana facility types must meet the following location criteria from protected uses,
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except Safety Compliance Facilities:
[1] Required Distance.
[a] A marihuana facility must not operate within 1,000 feet of a preexisting private or public school, providing
education in kindergarten or any grades 1 through 12.
[b] A marihuana facility must not operate within 500 feet of a preexisting state-licensed childcare center,
public playground, public pool, or youth center.
[2] Measuring the Required Distance. The required distance is measured in a straight line from the nearest
property line of a protected use to the nearest portion of the building or unit in which the marihuana facility is
located.
(c) Shared Location. Marihuana establishments may operate from a location shared with an equivalent licensed
marihuana facility, except where a separation distance is required.
(2) Grower Facility. A licensee that is a commercial entity located in this state that cultivates, dries, trims or cures
and packages marihuana for sale to a processor or provisioning center. The three (3) grower license types are Class
A (authorized to grow up to 500 plants); Class B (authorized to grow up to 1,000 plants); and Class C authorized
to grow up to 1,500 plants). In the Districts where Grower Facility is Permitted with Development Standards, the
following standards apply:
(a) Grower Facilities are permitted in Limited Manufacturing (M1) and General Manufacturing (M2).
(b) Permitted Outdoor Activities. All Grower facilities and operations must be within an enclosed building, except
cultivation may occur in an outdoor area under the following conditions:
[1] Area is contiguous with the facility building.
[2] Area is fully enclosed by fences or barriers that block outside visibility of the marihuana plants from public
view.
[3] Marihuana plants cannot grow above the height of the fence or barrier.
[4] The fence is secured and only accessible to authorized persons and emergency personnel.
[5] Area is located at least five hundred (500) feet from a residential zone district.
(c) Multiple Facilities on a Lot. The following applies for multiple facilities on one lot.
[1] Except as permitted by State regulatory rules for Class C growers, only one (1) Medical Marihuana Grower
facility license is allowed per parcel or lot.
[2] Licensees may occupy the same premises if holding separate Grower and Processor licenses for the
premises.
(3) Processor Facility. A licensee that is a commercial entity located in this state that purchases marihuana from a
grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer
in packaged form to a provisioning center. In the Districts where Processor Facility is Permitted with Development
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Standards, the following standards apply:
(a) Processor Facility is permitted in Limited Manufacturing (M1) and General Manufacturing (M2).
(b) Only one Medical Marihuana Processor facility license permitted per parcel or lot.
(c) All Processing operations must be conducted within an enclosed building.
(d) Licensees may occupy the same premises if holding a separate Grower and Processor licenses for the
premises.
(4) Secure Transporter Facilities. A licensee that is a commercial entity located in this state that stores marihuana
and transports marihuana between marihuana facilitates for a fee. In the Districts where Secure Transporter Facility
is Permitted with Development Standards, the following standards apply:
(a) Secure Transporter Facility is permitted in Community Commercial (CC), Limited Manufacturing (M1), and
General Manufacturing (M2).
(b) In Zone CC, warehousing activity is only permitted as an accessory use to the principal permitted Secure
Transporter use.
(5) Safety Compliance Facility. A licensee that is a commercial entity that receives marihuana from a marihuana
facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other
cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. In the Districts where
Safety Compliance Facility is Permitted with Development Standards, the following standards apply.
(a) Permitted in the following zones. Community Commercial (CC), Community Commercial 2 (CC2), Live Work 1
(LW1), Live Work 2 (LW2), Downtown 3 (D3), Business Technology, and Research (BTR), Limited Manufacturing
(M1), and General Manufacturing (M2).
(b) Street Type Limitations. In Downtown 2 (D2), a safety compliance facility cannot be located in a building’s
occupied space fronting an Event/Festival or Urban Center Priority Street.
(6) Provisioning Center center. A licensee that is a commercial entity located in this state that purchases marihuana
from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or
through the patients’ registered primary caregivers. Provisioning center includes any commercial property where
marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial
location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance with
the Michigan Medical Marihuana Act, MCL § 333.26421 et seq., is not a provisioning center for purposes of this
article. In the districts where provisioning center facility is permitted with development standards, the following
standards apply:
(a) Permitted in the following zones:
[1] Community Commercial (CC), Live Work 1 (LW1), and Community Commercial 2 (CC2) districts.
[a] Live Work 1 (LW1) and Community Commercial 2 (CC2) when not located on an Enhanced Neighborhood or
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Local Neighborhood Street street type.
Neighborhood or Local Neighborhood SubUrban, Connector, or Main Street street type.
(b) Only one provisioning center license is permitted per parcel or lot.
(c) All provision center activities must be conducted within an enclosed building.
(d) A provisioning center is not allowed within 660 feet of the following intersections: East Cork Street and South
Burdick Street, the intersection of East Cork Street and Portage Street, and the intersection of West Ransom
Street and North Westnedge Avenue.
(e) A separation distance of 1,000 feet is required from any other provisioning center or retailer, except when the
provisioning center is co-located with a retailer as provided by state regulations and this ordinance.
(f) A provisioning center is not permitted on the same property or parcel or within the same building where any of
the following are located:
(g) The consumption of marijuana products is not permitted on the premises of retail facility.
50-4.5 Accessory Uses and Structures.
A. General Provisions. Accessory Uses and Structures listed in Table 4.5-1 are permitted in the following ways:
(1) Permitted. Uses in the table noted with “P” are permitted by right in the zoning district(s) in which they are listed.
(2) Permitted, Development Standards Required. Uses in the table noted with “PD” are permitted by right in the zoning
district(s) in which they are listed provided they are developed with the listed development standards. The development
standards listed for a use are intended to manage any potential impacts associated with it, making it appropriate in a
location where it might otherwise have not been allowed.
(3) Special Use. Uses in the table noted with “S” are permitted with the approval of a special use permit from the
Planning Commission in the zoning district(s) in which they are listed.
B. Unlisted Uses and Structures. Uses not listed in Table 4.1-1 shall be interpreted as follows:
(1) Unlisted Similar Uses. If a use or structure is not listed but is similar in character and impact to one that is permitted,
permitted with development standards, or permitted with a special use permit, it may be interpreted by the City Planner
as similar.
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(2) Unlisted Dissimilar Uses. If a use or structure is not listed and cannot be interpreted as similar to one listed, the use
is not permitted.
Table. Table 4.5-1 outlines the permitted accessory uses and structures by district. Accessory Uses and Structures are
permitted in the following ways:
(1) Permitted. Uses in the table noted with “P” are permitted by right in the zoning district(s) in which they are listed.
(2) Permitted, Development Standards Required. Uses in the table noted with “PD” are permitted by right in the
zoning district(s) in which they are listed provided they are developed with the listed development standards. The
development standards listed for a use are intended to manage any potential impacts associated with it, making it
appropriate in a location where it might otherwise have not been allowed.
(3) Special Use. Uses in the table noted with “S” are permitted with the approval of a special use permit from the
Planning Commission in the zoning district(s) in which they are listed.
CB. Development Requirements. All accessory structures will meet the following standards, unless otherwise
noted.
Table 4.5-1 Accessory Uses & Structures

Uses & Structures District
Nhood LW1 LW2 D1 D2 D3 Com CC2 CC All
Node R
Node
Accessory Dwelling Units (ADU) PD PD PD PD PD PD PD PD PD
Agriculture PD PD PD PD PD PD PD PD PD
Drive Through PD PD PD PD PD PD PD PD
Food Truck PD PD PD PD PD PD PD PD
Home Occupation PD PD PD PD PD PD PD PD PD PD
Kiosk PD PD PD PD PD PD PD PD
Outdoor Storage PD PD PD PD PD P
Poultry/Rabbits PD PD PD PD PD PD PD PD PD PD
Secondary Building PD PD PD PD PD PD PD PD PD PD
Sidewalk Café PD PD PD PD PD PD PD PD
Key
P Permitted
S Special Use
Permitted -
PD Development
Standards Required
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(1) Front Yard. Accessory structures are not permitted in the front yard unless otherwise noted.
(2) Corner Side Yard. Accessory structures shall be setback fifteen (15) feet from a corner side property line or the
setback distance of the principal structure if it is less than fifteen (15) feet, unless otherwise stated in this Article. cannot
be located closer to the corner-side property line than a principal structe.
(3) Setback. Accessory structures shall be setback three (3) feet from side and rear property lines.
(4) Height. Accessory structures shall not exceed the height of the principal structure unless otherwise stated in this
Article.
(5) Lot Coverage. Accessory structures count toward a lot’s impervious coverage. Placement of an accessory
structure cannot make a lot exceed its impervious coverage requirement.
DC. Use Definition and Standards. The following details the accessory uses and structures listed in Table 4.5-1 and
detail any development standards necessary.
(1) Accessory Dwelling Unit. Secondary dwelling unit(s) on a lot; may be located in a secondary building and or
interior to the principal building.
(a) Units in secondary buildings.
[1} Quantity. One (1) accessory dwelling unit in a secondary structure is permitted per lot.
{2} Maximum Unit Size. Maximum unit size is 950 square feet.
(b) Interior Units. An interior accessory dwelling unit is located in the primary dwelling structure with defined as one
with a separate exterior entrance. When located interior to the principal structure the following are required.
[1] Quantity. One (1) accessory dwelling unit interior to a principal building is permitted.
{2} Maximum Unit Size. Maximum unit size is less than or equal to thirty (30) percent of the square footage of the
primary residential unit or 600 square feet, whichever is larger.
(c) Parking. Space for 1 car per accessory dwelling unit is required. On-street parking, if available overnight, can
meet this requirement if located within 660 feet.
(2) Agriculture. Growing of food crops indoor or outside for personal use, donation, or sale; this excludes the growth
of marihuana plants for medicinal or recreational purposes as an accessory use on the lot. In the districts where
agriculture is Permitted with Development Standards (“PD”), the following standards apply,
(a) Agriculture as an accessory use shall not prevent a lot from meeting its lot type or dimensional requirements,
refer to Article 5 Zoning Standards.
(b) Agriculture as an accessory use is permitted in all yards.
(c) Agriculture as an accessory use is permitted within a building, provided that it is not in the occupied space of
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a building; it is permitted on a building‘s roof.
(3) Drive Through. Drive throughs provide service to customers who remain in their vehicle and may be used
in conjunction with variety of uses including financial institutions and restaurants. In the districts where a drive
through is Permitted with Development Standards (“PD”), the following standards apply, Refer to Figure 4.5-1 Drive
Throughs.
(a) Permitted Locations. A drive through is permitted as follows.
[1] Nodes, Downtown 2, and Downtown 3. A drive through is permitted only in the rear yard, fully screened from
property lines by structure, screening, and/or landscaping.
{2] Community Commercial (CC). A drive through is permitted in the side and rear yards, screened from property lines
by structure, screening, and/or landscaping, and corner side yards.
[3] Other Districts. A drive through is permitted in the rear yard. If the lot does not front a Neighborhood Network
and Neighborhood Business Streets Priority or Main street, a drive through is also permitted in the side yard when
screened from property lines by structure, screening, and/or landscaping, and in Community Commercial (CC) it is
also allowed in the corner yard.
(b) Landscape Screening. Screening is required, refer to 50-8.4. Adjacent to the drive through along the rear and/
or side property lines shall be screened by a landscaping as defined by Appendix A 6.2 Landscaping and Open
Spaces.
(c) Stacking Space. A minimum of three (3) stacking spaces are required, measured from the drive-through
Rear Property Line

Side Property Line
Side Property Line
Screening along property lines
Minimum Stacking Requirements
Rear Yard Location
Front Property Line
Figure 4.5-1. Drive Through Design
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window or entrance into the stall or loading area.
(4) Food Truck. Vehicle or trailer used to prepare and/or serve food. In the districts where a food truck is Permitted
with Development Standards (“PD”), an approved Site Plan is required as follows.
(a) Single Food Truck. Site Plan approval is required when one (1) food truck operates on a lot three (3) or more
days a week for a period of five (5) or more consecutive weeks and utilizes the lot’s utilities, such as electrical or
water services.
(b) Multiple Food Trucks. Site plan approval is required if multiple food trucks operate on a lot three (3) or more
days a week for a period of five (5) or more consecutive weeks.
(c) Permanent Food Truck Lot. Permitted permanently with or without a primary structure. The Outdoor Market Lot
Type standards shall be followed. Refer to 5.6.G Outdoor Market Lot Type.
(5) Home Occupation. Types of work that can be conducted in a residence with little to no impact on the
surrounding lots. Home occupations are secondary to the primary use of the lot, residential.
(a) Prohibited Uses. Prohibited uses include animal boarding, dispatch center, restaurants, sale or storagestoarge
of firearms, outdoor storage, vehicle or large equipment storage and repair, and all uses listed under High
Hazard Group H Uses in Building Code.
(b). Resident-Operator. The operator of the home occupation must be a full-time resident of the lot in which the
business is associated.
(c) Employees. A maximum of two (2) nonresident employees are permitted on premises at one time.
(d) Signs. No more than one nameplate sign permitted with a maximum size of one (1) square foot. It may not be
internally illuminated.
(e) Secondary Building. Home occupation may be located in a secondary building.
(f) Exterior Building Appearance. No exterior building changes are permitted; there must be no visible evidence
of the existence of a home occupation beyond the permitted signage, including outdoor storage of materials
related to the use.
(g) Operational Impacts. No home occupation or equipment used with a home occupation may cause odor,
vibration, noise, electrical interference interference or fluctuation in voltage measured at the lot line.
(h) Customers. Customers or clients are permitted at the home occupation during the hours of 8:00 AM to 8:00
PM.
[1] No more than two (2) customers or clients are permitted at a given time, except in the case of a classes, such
as art, music, cooking, or fitness classes, where up to four (4) clients are permitted at one time.
[2] A Special Use Permit is required for a home occupation providing classes with five (5) or more clients at a
time.
(i) . Customer Parking. Customer parking may occur off-street or on-street, where permitted.
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(j) Deliveries. Deliveries are permitted during the hours of 8:00 AM to 8:00 PM and are permitted through the
common residential delivery services.
(k) In-Home Day Care Facility. In-Home Day Care Facility is a permitted home occupation. There are two types, a
family day care serving up to six (6) participants and a group day care serving seven (7) to twelve (12) participants.
[1] An active license is required to operate any size in-home day care.
[2] Group day care facilities requires approval through a special use permit.
[2] Refer to 50-4.4C(3) Day Care for outdoor play area requirements.
(l) Medical Marihuana. Medical Marihuana is a permitted home occupation when a primary caregiver who has
agreed and is registered with the State of Michigan to assist with a qualifying patient’s use of medical marihuana.
In the districts where medical marihuana is permitted or is Permitted with Development Standards (PD) , the
following standards apply:
[1] Michigan Medical Marihuana Act Compliance. The medical use of marihuana and marihuana-infused
products shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, 2008
Initiated Law #1, MCL 333.26421 et seq. (“Act”) and the Administrative Rules promulgated by the State of
Michigan (“Administrative Rules”) pursuant to the Act, as they may be amended from time to time.
[2] Location Criteria. Medical Marihuana as a home occupation must comply with the following location criteria.
[a] A primary caregiver must be located 1000’ from an existing public or private elementary, vocational, or
secondary school; public or private college, junior college, or university; playground; housing facility owned by a
public housing authority; or public library or private library open to the public.
[b] A primary caregiver must be 100’ from an existing public or private youth center, public swimming pool,
or video arcade facility to ensure community compliance with State and Federal “Drug-Free School Zone”
requirements.
[3] Number of Caregivers. One primary caregiver is permitted within a dwelling unit to service qualifying patients,
who do not reside with the primary caregiver.
[4] Number of Patients Permitted. A primary caregiver is permitted up to five qualifying patients.
[5] Consent of the Property Owner. If the primary caregiver is not the owner of the property in which they live and
operate from, written consent must be obtained from the property owner to ensure the owner’s knowledge of
the use of the premises as permitted and the primary caregiver shall maintain written proof that the use of the
property as a home occupation under this section is not prohibited by the property owner.
[6] Growing. All medical marihuana plants shall be secured in one of the following ways.
[a] Contained within a structure that is an enclosed, locked facility inaccessible on all sides and equipped with
locks or other security devices that permit access only by the primary caregiver or qualifying patient.
[b] Plants cultivated outdoors must be fully enclosed by fences or barriers that blocks the plants from public
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view, with no plants visibly growing above the fence or barrier, and the fence or barrier is locked or otherwise
secured to limit access only to the primary caregiver or qualifying patient engaged in cultivating the plants.
[7] Processing. The separation of plant resin from a marihuana plant using any substances with a flashpoint
below one hundred (100) degrees Fahrenheit for processing is prohibited.
[8] Lighting. If a room with windows is utilized as a marihuana-growing location, any lighting methods that
exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods,
without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a
distraction or nuisance to adjacent residential properties
[9] Required Permits. All necessary building, electrical, plumbing, and mechanical permits shall be obtained for
any portion of the residential structure in which electrical wiring lighting, and/or watering devices are located,
installed or modified that support the cultivation, growing or harvesting of marihuana.
[10] Nothing in this subsection, or in any companion regulatory provision adopted in any other provision of this
Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for
growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that
Act and the Administrative Rules and this subsection. Also, since federal law is not affected by that Act or the
Administrative Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other
provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal
prosecution under federal law. Neither this ordinance nor the Michigan Medical Marihuana Act protects users,
caregivers or the owners of properties on which the medical use of marihuana is occurring from federal
prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances
Act.
(6) Kiosk. Semi-permanent structure that permits a variety of general retail and service uses, may be associated
with the use of shipping containers or pop-up shops and sheds. May also be referred to as vendor pods. In the
districts where a kiosk is Permitted with Development Standards (“PD”), the following is required.
(a) Site Plan. An approved Site Plan is required when two (2) or more kiosks are being located on a lot for a period
of more than four (4) weeks. two (2) weeks. or when a kiosk is used with the Outdoor Market Lot Type, refer to 5.6.G
Outdoor Market Lot Type.
(b) Permanent Kiosk Lot. Permitted permanently with or without a primary structure. The Outdoor Market Lot Type,
refer to 50-5.6G.
(7) Outdoor Storage. Storage of goods for sale or items related to the use(s) on the lot located outside of a
structure. In the districts where a outdoor storage is Permitted with Development Standards (“PD”), the following is
required standards apply:
(a) Site Plan. A site plan is required to review the size and placement on a lot.
(b) (a) Maximum Size. Outdoor storage is permitted in an area no greater than ten (10) percent of the total lot area;
56
Chapter 50 Zoning
in Live Work 1 (LW1) no greater than five (5) percent is permitted..
(c) (b) Location. Storage is permitted in the rear yard or side yard.
(d) (c) Screening. Storage must be screened from view from view from all property lines. Refer to 50-8.4.
(8) Poultry and Rabbits. Poultry and rabbits are permitted as follows:
(a) Location. Coop, hutch, or pen must be located as follows:
[1} Permitted in the side or rear yards.
[2] Must be set back ten (10) feet from all property lines.
[3] Must be located a minimum of fifteen (15) feet from an adjacent lot’s primary structure.
(b) Sanitary Conditions. Coop or pen must be kept in a sanitary condition, free of odors.
(c) Roosters. Keeping of roosters is not permitted.
(9) Secondary Building. Secondary buildings include such structures as detached garages, sheds, accessory
dwellings, green houses, and hoop houses. In the districts where secondary Buildings are Permitted with
Development Standards (“PD”), the following standards apply.
(a) Height. Secondary buildings can be up to two (2) stories in height. Refer to 5.3-1 Measuring Height.
(b) Agricultural Uses. A secondary building associated with a principal agriculture use, such as a green house,
hoop house, or shed, shall set back at least ten (10) feet from the Front and Corner Side Property Lines.
(c) Garage. Secondary buildings serving as garages or car ports are permitted in Corner Side Yards with a setback
of ten (10) feet from the Corner Side Property Line or the setback distance of the principal structure if it is less than
fifteen (15) feet,
(9) (10) Sidewalk Cafe. Outdoor eating areas permitted within the right-of-way and on the property in question. In
the districts where a sidewalk cafe is Permitted with Development Standards (“PD”), the following standards apply,
(a) Clear Pedestrian Pathway. A minimum pedestrian pathway width of five (5) feet must be maintained free of
all obstacles. This clear pedestrian pathway shall be located adjacent to the building facade unless otherwise
approved through the City Planner.
(b) Permit. If located in the public right-of-way, a Temporary Encroachment Permit Right-of-Way Permit is required
from the City of Kalamazoo.
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Article 5. Zoning Standards

50-5.1 General Requirements.
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’ 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 meets 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.
Table 5.1-1 Permitted Lot Types By District

(Refer to 50-5.6 Lot Type Standards for details)
Lot Type Zoning District Key
Nhood LW1 LW2 D1 D2 D3 P Permitted
Node S Special Use
Commerce P P P Permitted -
PD Development
Flex P P P P
Standards Required
Cottage
PD P P P
Commercial
Civic P P P P
Warehouse P 1 Outdoor Market Lot Type may be required for specific
Yard-Attached P P P uses (refer to 50.4-4 Use Definitions and Standards) in
Yard-Detached P PD PD the non-form based districts regulated in Table 5.1-2
Outdoor Market1 P P P
Dimension Standards by District
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Chapter 50 Zoning
Table 5.1-2 Dimension Standards by District

Dimension Zoning District
C-Node CC2 CC
Lot Area
Min. Lot Area for
- - 1 acre
Rezoning
1 acre; larger parcels permitted
Max. Lot Area for
- provided they are subdivded into -
Rezoning
smaller parcels before development
Newly created lots must be no larger
Min. Lot Area - -
than 1 acre.
Setbacks & Build-
to Zone (range)
Front 5’-15’ 10’-20’ -
Corner Side 0-15’ 5’-15’ -
0’, 25’ next to R District &
Side 0’, 5’ next to R District 0’, 5 next to R District
Park/Open Space/Preserve
0’, 15’ next to R District & Park/Open 0’, 25’ next to R District &
Rear 0’, 15’ next to R District
Space/Preserve Park/Open Space/Preserve
Max. Lot 85%, add’l 10% semi-
80%, add’l 10% semi-pervious 80%, 10% semi-pervious
Coverage pervious
Multiple Principal
Buildings Yes Yes Yes
Allowed
Max. Height 5 stories 3 stories 6 stories
Facade
Vehicle Entrance
Side & Rear Corner Side, Side & Rear -
Bays (Facades)
Not permitted between structure(s) &
Parking Location
the front & corner side property lines.
Entrance Type & Storefront, Stoop, or Arcade on street facing facades within 15’ of front & corner side property lines;
Transparency in CC 25’ of front & corner side property lines; Min. transparency per entrance type.
Access
1/street frontage less than
1/street frontage less than 1/street frontage; Drive aisles not
Driveway 100’ in width; additional
100’ in width; permitted for permitted between structure(s) and
Quantity permitted for every add’l 75’
every add’l 75’ of frontage the front & corner side property lines.
of frontage
Driveway
Shared access across parcels & shared driveways are encouraged. 59
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C. 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 sections 50-5.2-5.5, which
include Building Siting, Height, Use, and Street Facing Facades.
(2) Districts with Lot Type Standards (refer to Table 5.1-1 Permitted Lot Type 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.
50-5.2 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
Corner Side
Build-to
Side Property Line
Zone
Rear Property Line Rear Property Line

Secondary Street
Secondary Street
Rear Yard Setback Rear Yard Setback
Corner Side Setback

Side Property Line

Side Yard Setback
Side Yard Setback
Side Yard Setback
Side Yard Setback
Multiple
Buildings
Building Width
Width of Build
Front Build- to Zone
to Zone Front Setback
Front Property Line ROW Front Property Line
Encroachment
Primary Street Primary Street
Building Width Front Lot Line Occupy

=
Coverage Corner
Build-to Zone Width
Figure 5.2-1. Building Siting: Street Frontage, Lot Area & Front Lot Line Coverage.
60
Chapter 50 Zoning
Building Siting.
(1) Multiple Principal Buildings. The allowance for more than one (1) principal structure on a lot.
(2) Front Lot Line Coverage. The minimum percentage of building façade 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 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 twenty (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 public sidewalk.
(c) Vehicular parking is not permitted unless otherwise noted.
(6) Setback. The minimum distance a structure can be located from the front or corner side property line. It is measured
to the building facade (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 (2) feet from the back of the curb line.
(c) A minimum height clearance of eight (8) feet must be maintained.
B. Lot Area. The following standards relate to lot area:
(1) Side Yard Setback. The minimum distance a structure can be located from the The minimum required setback
along a side property line.
(a) Driveways are permitted in the side yard setback.
(2) Rear Yard Setback. The minimum distance a structure can be located from the The minimum required setback
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Chapter 50 Zoning
along a rear property line.
(a) Driveways are permitted in the rear yard setback.
(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.
(5) Minimum Lot Size. Measured in square feet, it is the smallest square footage allowed for the creation of a new
lot in a zoning district.
C. Lot Coverage. The maximum percentage of a lot permitted to be covered with not pervious surfaces and the
additional amount of semi-pervious surface permitted. Refer to Figure 5.2-2 Lot Coverage.
D. Parking, Loading, and Site Access. The following standards relate to parking loading and access on a lot:
(1) Parking Location. The yard in which a parking area and associated drive are permitted.
(2) Service and Loading Locations. The façade on which access is permitted for servicing, loading, and unloading
activities related to that building’s use.
(3) Vehicle Entrance Bay. The façade of the building on which an entrance bay to interior parking or other use is
permitted.
(4) Driveway Location. The permitted locations for vehicular access.
(a) If an alley is available, driveway access shall be located from the alley.
(b) If an alley is not available, driveway location is noted by Lot Type (refer to 5.6 Lot Types) or District (refer to
Table 5.5-2 Dimension Standards).
(c) Driveways on corner lots must be at least twenty (20) feet from the crosswalk; if no crosswalk is present, the
distance is measured from the stop bar. .
50-5.3 Height.
A. Height. Building height is measured as follows. Refer to 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.
62
Chapter 50 Zoning
Rear Property Line
Impervious
Surface
Maximum
Side Property Line
Impervious + Semi
Pervious Surfaces Impervious Additional Total
= Coverage + Semi-Pervious = Lot
Lot Area Surfaces Coverage
Permitted
Semi
Pervious
Impervious
Surface
Front Property Line
Figure 5.2-2 Lot Coverage
Upper Floor:
Top of Floor to
1/
2S Top of Floor
tor
y wi
thi
nR Total Structure Upper Floor:
oo
fS Height (stories) Top of Floor to
Up tru
p ctu
er re Top of Floor
Sto
ry
Gr
ou
nd
Sto Ground Floor:
1/ ry
2S Top of Floor to
tor
y wi Top of Floor
th
Vis
ibl
eB
as
em
en Grade
t
Figure 5.3-1. Measuring Height
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[2] This measurement does not include rooftop mechanicals.
[3] A ground floor with a floor-to-floor height of twenty (20) feet or more will be counted as two (2) 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 twelve (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 ½ 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 floors; top of floor to top of floor.. If the building is
one (1) 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.
50-5.4 Use.
A. Uses. Permitted uses are outline in Table 4.1-1 Use Table. Refer to the Lot Type Standards (50-5.6) for specific
requirements by Lot Type 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.
(1) Ground and Upper Floor. The permitted uses may vary between ground and upper floors.
(2) Occupied Space. The restriction of internal parking, residential units, storage areas, and utility areas in the
occupied space of a building’s ground and/or upper floors in the following locations unless otherwise stated in the
Lot Types. Refer to 50.1-3.DD Occupied Space for additional information on occupied space.
(a) Front façades,
(b) Corner-side facades when fronting an Event/Festival, Urban Center, and Downtown Main Priority or Main
Street Street Types.
(c) Corner-side facades on other street types for at least the minimum required building placement for the
corner façade (refer to 50-5.2A(5)(a))
50-5.5 Street Facing Facades.
A. Street Facing Façade. The following are requirements apply to on street facing building facades:
(1) Transparency. The percentage of a façade that has clear, non-reflective windows that allow visibility into a
64
Chapter 50 Zoning
Upper Floor
Upper Floor
Ground Floor
Occupied
Space
Figure 5.4-1 Permitted Uses Per Floor
Blank Wall
Limitation
Upper Floor
Transparency
Full Façade
Transparency
8’
Ground Floor
Transparency
2’
Figure 5.5-1. Measuring Transparency: Ground Floor, Upper Floor, & Full Facade
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building of at least four (4) feet. It is expressed as a percentage of windows to total facade area. Refer to Figure 5.5-1
Measuring Transparency.
(a) Ground Floor. Transparency is determined by entrance treatment, unless otherwise noted.
(b) Upper Floor. Transparency is noted by Lot Type.
(c) Full Façade. Transparency measured using the entire front façade rather than only one (1) story of the building.
(2) Blank Wall Limitations. The maximum area on a façade permitted to be windowless.
B. Entrance. Required The following standards relate to entrance locations and treatments:
(1) Location. Location of the primary, functioning, public entrance of the principal building, noted by façade.
(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.
(a) Storefront. Storefronts are a highly transparent ground story treatments 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 seventy (70) percent, measured between two (2) and eight (8) feet
above the grade of the sidewalk. Refer to Figure 5.5-1. Measuring Transparency.
[2] Elevation. Storefronts shall be located no more than one (1) foot above the sidewalk.
[3] Recess. Entrances may be recessed up to eight (8) feet.
[4] Building Entrance. 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 fifty (50) percent, measured between two (2) and eight (8) feet above
the grade of the sidewalk. Refer to Figure 5.5-1. Measuring Transparency.
[2] Elevation. Stoops shall not be not be elevated more than 3’ 6” above the sidewalk, except with a visible
basement.
[3] Stoop Size. Stoops shall be a minimum of three (3) feet deep and six (6) feet wide.
[4] Recess. Entrances may be recessed up to five (5) 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.
66
Chapter 50 Zoning
Recess
Entry
8’
Ground Floor
Transparency
Elevation 2’
of Entry
Figure 5.5-2. Storefront.
Recess
Entry
8’
Ground Floor
Transparency
Elevation
of Entry 2’
Grade
Stoop Width
Figure 5.5-3. Stoop.
Storefront or Stoop
Treatment
Arcade Column
Width Spacing
Figure 5.5-4. Arcade
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[1] Interior Treatment. Arcades must be used in conjunction with storefront or stoop treatment.
[2] Arcade Width. Open air public walkway must be a minimum of six (6) feet.
[3] Columns Spacing. Columns shall be spaced between ten (10) and twelve (12) feet on center.
[4] Arcade Opening. Opening shall not be flush with 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 forty (40)
percent is applied. Refer to Figure 5.5-1. Measuring Transparency.
[2] Elevation. Porches shall be located a maximum of 4’6” above the sidewalk or average grade measured at the
front facade.
[3] Height. A porch may be up to two (2) stories in height to provide a balcony for the second story.
[4] Building Entrance. Primary building entrance shall be located off the porch
[5] Enclosed Porch. Enclosed porches are not permitted to extend more than eight (8) feet from the building
facade.
(3) Entrances on Street Facing Facades. The maximum spacing between entrances on a street facing building
façade.
(4) Entrances on Other Facades. An entrance is required on side and rear facades when fronting parking areas.
C. Roof Type. 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. Maximum tower height is equal to the height of one (1) upper story floor of the building onto which the
tower is applied.
(b) Width. Maximum tower width along all facades is one-third (1/3) the width of the building or thirty (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.
(a) Use. Spire may not contain an occupied space.
68
Chapter 50 Zoning
Full Facade
Transparency
Elevation
of Entry
Grade
Figure 5.5-5. Porch.
Tower
Width Spire
Tower Active
Height Useable
Space
Figure 5.5-6. Tower. Figure 5.5-7. Spire
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50-5.6 Lot Type Standards.
A. Lot Type Descriptions. The following Lot Types are defined and detailed for use in development and
redevelopment in the Node, Live-Work 1, and Live-Work 2 Districts. Refer to Table 5.5-1 Permitted Lot Types by
Zoning District.
(1) Commercial Lot Type. A Lot Type with a high level of transparency on the ground floor that is located at or near
the front property line of a lot. This type is ideal for active ground floor uses such as retail or a community center
and a mix of uses including residential and commercial on upper stories.
(2) Flex Lot Type. A Lot Type that promotes buildings constructed in a narrow front build-to zone with a range of
entrance treatments that can support a wide variety of uses including commercial, industrial, and residential.
(3) Cottage Commercial Lot Type. A Lot Type that recognizes that many structures residential in character can
be used for commercial purposes, at least on the ground floor. These typically have a higher transparency and
impervious coverage than the Yard - Detached Lot Type. In the Districts where the Cottage Commercial Building
is Permitted with Development Standards (“PD”), the lot type is only permitted in Neighborhood Nodes, as
designated in the 2025 Master Plan, Future Land Development Map
(4) Civic Lot Type. A Lot Type that allows for the development of unique buildings for civic and institutional uses
through flexible building siting and facade treatment standards.
(5) Warehouse Lot Type. A Lot Type that maintains the urban character of an area while considering the needs of
commercial and industrial uses.
(5) Yard - Attached Lot Type. A Lot Type that supports the development of buildings that are slightly set back from
the front property line and typically contains residential uses. In the Districts where the Yard-Attached Lot Type is
is Permitted with Development Standards (“PD”), the lot type is only permitted when it contains two or more units.
Refer to 50-4.4A(4).
(6) Yard - Detached Lot Type. A residential Lot Type that allows for detached buildings that are set back from the
street. Typically it supports residential uses.
(7) Outdoor Market Type. A Lot Type that focuses on the use of outdoor spaces on a lot for such uses as gardening,
seating, dining, gathering, and retail. This Lot Type mMay include limited indoor areas in non-permanent or open
air structures, such as shipping containers, kiosks, or pergolas, for the sale of items or preparation of food items for
sale, but with limited or no indoor seating. Permanent buildings are also permitted with this Lot Type, provided they
account for a small percent of the total lot area.
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B. Lot Type: Commerce
(1) Building Siting (Figure 5.6-1)

(a) Street Frontage (d) Parking, Loading, & Access
1 Parking Location Rear Yard 10
Multiple Principal Buildings Yes
Front Lot Line Coverage (min) 80%1 2
Loading & Service Location Rear, Side,
Occupation of Corner Yes 3 Corner Side 11
Front Build-to Zone o’-5’; 0-10’ if for Vehicle Entrance Bay Facades3
public space,
such as wider 4 Alley;
Corner Build-to Zone sidewalks, on- 1 on Corner 12
street parking, or Side3,,4, or
Driveway Location
cafes2 1 on Front if an
5 interior lot not
ROW Encroachment Yes located in D13,4
(b) Lot Area
5
Side Yard Setback 0’ 6
4
0’, 0’ off alley Rear Property Line
Rear Yard Setback 10’ next to R 7 10 11
7 12
district
Secondary Street
(c) Lot Coverage 1 8

6
Impervious Surface (max) 100% 8
Semi-Impervious Surface n/a 9

Side Property Line
4
Front Property Line
5
Primary Street 3
2
2
Figure 5.6-1 Building Siting.

Notes:
1
A courtyard may count toward up t0 35% of the minimum coverage.
Lots less than 60’ in width, without alley access, and not on a corner have a minimum coverage requirement of 65%.
2
Larger BTZ requires review and approval through the site plan review process. Larger BTZ is not permitted in D1.
3
Entrance bays for parking and loading not permitted on primary streets. Entrance bays and driveways are not permitted on a
Priority Event/Festival and Urban Center Street.

4
A 2nd driveway is permitted on lots wider than 200’.
72
Chapter 50 Zoning
(2) Height (Figure 5.6-2) (4) Street Facing Facades (Figure 5.6-3)
Minimum Height 2 stories 14
(a) Transparency (minimum)
Per entrance type,
Node: 3 stories or up to height of Ground Floor 21
see 5.5.B
Maximum Height5 tallest building within 330’ 6; 15
22
D1 & D2: no max. height; Upper Floor(s) 20% per floor
Blank Wall Limitations Yes 23
16
Ground Floor 14’-24’ (b) Entrance
Upper Floor(s) 9’-14’ 17
Front Facade, Building
Location 24
Corner
(3) Uses (Table 4.1-1) Storefront; Stoop
Entrance Treatment (see
All uses permitted per permitted on corner 25
18 5.5.B)
Ground Floor district or other facades
Entrances on Street 1 per 50’ of

All uses permitted per 19
Facing Facades
26
Upper Floor building length
district
Yes, first two floors, except 20 Entrances on Other
Occupied Space Yes
Residential/Lodging is Facades
Restrictions
permitted per Table 4.1-1 (c) Roof Type
Accessory Uses & Tower Permitted 27
See Table 4.5-1
Structures Spire Not Permitted
N 27
15 17 22 23 22
19
14 17
19 22 22
16
18
25
24
20 21 21
26
Figure 5.6-2 Height & Use
Figure 5.6-3 Street Facing Facades.
Notes:
5
Tower is allowed to be one (1) story taller than the overall building height.
6
330’ is measured from outer lot line of the N-Node District. The height increase is capped at no more than two (2) stories taller
than the tallest building in the Node.
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C. Lot Type: Flex

Multiple Principal Buildings Yes 1 Parking Location Rear Yard 11
Front Lot Line Coverage (min) 70%1 2

Occupation of Corner Yes 3
Corner Side 12
Front Build-to Zone 0’-10’ 4

Vehicle Entrance Bay Facades2
Corner Build-to Zone 0’-10’ 5
Alley;
ROW Encroachment Yes 6 13
1 on Corner
Side3, or
(b) Lot Area Driveway Location
1 on Front if an
Side Yard Setback 0’ 7 interior lot not
located in D12
0’, 0’ off alley
Rear Yard Setback 10’ next to R 8
district 6
(c) Lot Coverage 5

Rear Property Line
75%; 85% in Live
8 13
Impervious Surface (max) Work 2; 100% in 9
Secondary Street
11
D2 & D3 7
Semi-Impervious Surface 15% 10
10
12

1 9
Side Property Line
4
Front Property Line
6
Primary Street 3
2
2

Notes:
1
A courtyard may count toward up t0 35% of the minimum coverage. Lots less than 60’ in width, without alley access, and not on
a corner have a minimum coverage requirement of 65%
2
Entrance bays for parking and loading purposes not permitted on primary streets. Entrance bays and driveways are not
permitted on a Priority an Event/Festival and Urban Center Street.

3
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Chapter 50 Zoning
Min. Height 1 story; 2 story min in D2 & D3 14
3 stories; LW2 on a Connector LW2 Per entrance
Ground Floor 20
on Main Street, Commercial & type, see 5.5.B
15
Upper Floor(s) 20% per floor 21
Max. Height4 N’hood Business Street Types & D3:
up to 5 stories Blank Wall Limitations Yes 22
D1 & D2: no max. height (b) Entrance
Ground 16 Front Facade,

12’-24’ Location 23
Floor Building Corner
Upper Floors 9’-14’ 17 24

Entrance Treatment (see.5.5.B) Storefront, Stoop
Entrances on Street Facing 1 per 60’ of

25
(3) Uses (Table 4.1-1) Facades building length
Other Facade
Ground Floor All uses permitted per Yes
district 18 Entrances
Upper Floor
(c) Roof Type
Occupied Space Yes; first two floors; except Tower Permitted 26

Residential/Lodging 19
Restrictions Spire Not Permitted
permitted per Table 4.1-1
Accessory Uses &

See Table 4.5-1 26
Structures
15 17 21 21
22
18
17 21 21
18
14 16
24
18
23
19
20 20
25
Figure 5.6-5 Height & Use Figure 5.6-6 Street Facing Facades.
Notes:
4
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D. Lot Type: Cottage Commercial

Multiple Principal Buildings Yes Parking Location Rear, Side Yards 11
1
Front Lot Line Coverage (min) 40%
Loading & Service Location Not Permitted
Occupation of Corner Not required 2
Rear, Side, Corner
5’-20’; 0-10’ in Vehicle Entrance Bay 12
Front Build-to Zone Side Facades2
Nodes 1 3
Alley;
5’-20’ 5-15’ in 1 on Corner Side
Corner Build-to Zone Driveway Location
13
Nodes 1 4 or 1 on Front if an
ROW Encroachment Yes 5 interior lot
(b) Lot Area

Side Yard Setback 5’ 7 5
Rear Property Line
Rear Yard Setback 15’ 8
Secondary Street
(c) Lot Coverage 7 11 13
9

10
Side Property Line
12
1 9
Front Property Line

6
Primary Street 3
2
2
Figure 5.6-7 Building Siting Attached and Detached
Notes:
1
Stoops and porches may be located in the build-to zone.
2
Parking entrance bays are not permitted to front primary streets unless located outside of the build-to-zone.
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Chapter 50 Zoning
1 story; 2 story 14 (a) Transparency (minimum)
Minimum Height
min in D3
40% for Stoops 19
Maximum Height 2.5 stories 15
Facade Transparency and Porches;
All Floors 9’-14’ 16 (min) Storefronts per
5.5.B(2)(a)
(3) Uses (Table 4.1-1) Blank Wall Limitations No 20
Residential/ (b) Entrance

17
Lodging,
All Floors Front Facade,
Commercial, Location 21
Craftsman Building Corner
Occupied Space Restrictions Yes 18 22

Stoop, Porch,
Entrance Treatment (see 5.5.B)
Accessory Uses & Structures See Table 4.5-1 Storefront
Entrances on Street Facing
1 per building 23
Facades
Other Facade
Not Required 24
Entrances
(c) Roof Type
Tower Permitted
Spire Not Permitted
15
17 19 19 19
16
17
21 22
19 19
16
14
18 17
23
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E. Lot Type: Civic

Multiple Principal Buildings Yes 1
Parking Location Rear, Side Yards 11
Front Lot Line Coverage (min) Not Required 2
Occupation of Corner Yes 3

Loading & Service Location Rear, Side 12
Front Build-to Zone 0’-25’; 0-15’ in D2 4
Corner Side
Corner Build-to Zone 0’-15’ 5 Vehicle Entrance Bay Facades1
ROW Encroachment Yes 6

Alley,
1 on Corner 13
(b) Lot Area Side2,
Driveway Location
Side Yard Setback 0’ 7 1 on Front if
an interior lot
5’, 0’ off alley, 8 except in D21
Rear Yard Setback 10’ next to R
district 5
Rear Property Line
(c) Lot Coverage 13
Impervious Surface (max) 70%, 9
Secondary Street
11 9

8
10
12
7

1 9
Side Property Line
Front Property Line
Primary Street 3
2
6
2

Notes:
1
Entrance bays for parking and loading are not permitted on primary streets. Entrance bays and driveways are not permitted on a
Priority an Event/Festival and Urban Center Street.

2
3
A Tower or a spire is allowed to be one (1) story taller than the overall building height; a tower and a spire can add an additional
one and a half (1 1/2 ) stories to the overall permitted height.
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Chapter 50 Zoning
14
1 stories; 2 story min (a) Transparency (minimum)
Minimum Height
in D2 & D3
Facade Transparency 15% per street 20
3 stories; (min) facing Facade
15
Maximum Height D2: no max. height; Blank Wall Limitations No 21
D3: up to 6 stories
16 (b) Entrance
Ground Floor 15’-30’
17
Upper Floor 9’-14’ Front Facade,
Location 22
Building Corner
(3) Uses (Table 4.1-1)
23
Entrance Treatment (see 5.5.B) Stoop
Civic/
All Floors 18 Entrances on Street Facing 1 per 60’ of
Institutional4 24
Facades building length
Occupied Space Restrictions Yes4 19
Other Facade 25
Accessory Uses & Structures See Table 4.5-1 Yes
Entrances
(c) Roof Type

Tower Permitted 26
Spire Permitted 27
27
15 17
26
18
17
20 20 20
18
14 16
19 20 23
18 20
20
22
Figure 5.6-11 Height & Use
24
Notes:
4 Civic Lot Types existing at the time of this Ordinances’ approval may contain any use permitted in the District in which it is
located.
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F. Lot Type: Warehouse

Multiple Principal Buildings Yes 1 11
Parking Location Rear, Side Yards
Front Lot Line Coverage (min) 65% 1 2
Occupation of Corner Yes 3 Corner Side 12
Front Build-to Zone 0’-15’ 4 Facades2, & 1 on
Vehicle Entrance Bay Front Facade2
Corner Build-to Zone 0’-10’ 5
Alley,
ROW Encroachment Yes 6 13
1 on Corner Side,
Driveway Location
(b) Lot Area 1 on Front if an
interior lot3
Rear Yard Setback 15’, 0’ off alley, 8
(c) Lot Coverage

Impervious Surface (max) 80%, 9 5
Rear Property Line
13
9
8
Secondary Street
11
7
10

9 12
Side Property Line
6 13 Front Property Line
Primary Street 3
2
Notes:
1
A courtyard may count toward up t0 35% of the minimum coverage.
2
Entrance bays for parking and loading not permitted on primary streets unless located at least fifty (50) feet behind the front
facade.
3
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Chapter 50 Zoning
Minimum Height 1 stories (a) Transparency (minimum)
Maximum Height4 3 stories 15 Ground Floor (min) 40% 5 19
16 Upper Floor(s) 10% 20

Ground Floor 12’-30’
Upper Floor 9’-15’ 17 Blank Wall Limitations No 21
(3) Uses (Table 4.1-1) (b) Entrance
18 Front Facade,
All Floors Industrial Location 22
Building Corner
Not Required,
Entrance Treatment (see 5.5.B) Stoop, Storefront 23
except Craftsman 19
Occupied Space Restrictions Entrances on Street Facing 1 per 75’ of
Industrial retail/ 24
Facades building length
showroom uses
Other Facade
Accessory Uses & Structures See Table 4.5-1 Yes 25
Entrances
(c) Roof Type
Tower Permitted 26
Spire Not Permitted
26
15
17
18 21 21 21 21
14
16
23
18
20 22 20 20
19
24
Notes:
4
5
Craftsman Industrial uses follow transparency for either the storefront or stoop entrance type. To determine transparency, the
measurement can be taken in the location of the retail or showroom element and not along the entire ground floor facade.
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G. Lot Type: Yard - Attached

Yes; Up to 5 Parking Location Rear, Side Yards 11
1
Multiple Principal Buildings units may be
connected Loading & Service Location Not Permitted
2
Front Lot Line Coverage (min) 60%
Rear, Side, Corner
3 Vehicle Entrance Bay 12
Occupation of Corner Not required Side Facades3
Front Build-to Zone 5’-15’ 1 4 Alley;
5 1 on Corner Side 13
Corner Build-to Zone 5’-15’ 1 Driveway Location
or 1 on Front if an
ROW Encroachment No 6 interior lot
(b) Lot Area

Side Yard Setback 5’ 2 7
(c) Lot Coverage

5
Semi-Impervious Surface 15% 10 Rear Property Line
13
Secondary Street
8 11
9

10 10 10 10 10
Side Property Line
12
9
1 1 1 1 1
4
Front Property Line
6
Primary Street
3
2
Figure 5.6-16 Building Siting
Notes:
1
Stoops and unenclosed porches may be located in the build-to zone.
2
If buildings are attached, side yard setbacks apply to the set or row of buildings, not each individual building.
3
Vehicle entrance bays are not permitted to front primary streets unless located outside of the build-to-zone.
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Chapter 50 Zoning
Minimum Height
min in D3
Facade Transparency 19
Maximum Height 3 stories 15 30% 12%
(min)
All Floors 9’-14’ 16 Blank Wall Limitations Yes 20
(b) Entrance
Front Facade, 21
Location
Residential/ Building Corner
All Floors
Lodging 17
Entrance Treatment (see 5.5.B) Stoop, Porch 22
Not Required,
18 Entrances on Street Facing 23
Occupied Space Restrictions except for 1 per building 4
Facades
internal parking Other Facade
Not Required 24
Accessory Uses & Structures See Table 4.5-1 Entrances
(c) Roof Type

Tower Permitted
Spire Not Permitted
15
17 19 19 19
16
17
21 22
19 19
16
14
18 17
23
Notes:
4
When multiple detached or attached buildings exist on a lot, entrances on buildings behind the Front and Corner Side Facade
shall be located off a shared open space or courtyard or pedestrian pathway.
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H. Lot Type: Yard - Detached

Multiple Principal Buildings Yes 1 Parking Location Rear, Side Yards 11
Front Lot Line Coverage (min) 40% 2

Loading & Service Location Not Permitted
3
Occupation of Corner N0t required
4 Rear, Side, Corner
Front Build-to Zone 10’-25’ 1 Vehicle Entrance Bay 12
Side Facades3
Corner Build-to Zone 10’-20’ 1 5
Alley;
ROW Encroachment No 6
1 on Corner Side 13
Driveway Location
or 1 on Front if an
(b) Lot Area interior lot
(c) Lot Coverage

Impervious Surface (max) 50% 2 9

5
Rear Property Line
Secondary Street
7 11 13
9
10 Corner Side Property Line

Side Property Line
12
1 9
Front Property Line

6
Primary Street 3
2
2
Figure 5.6-19 Building Siting Attached and Detached
Notes:
1
Stoops and unenclosed porches may be located in the build-to zone.
2
60% impervious surface permitted when two or more principal buildings are on a lot.
3
Vehicle entrance bays are not permitted to front primary streets unless located outside of the build-to-zone.
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Chapter 50 Zoning
(2) Height (Figure 5.6-20) (4) Street Facing Facades (Figure 5.6-21
Minimum Height
min in D3
Facade Transparency 19
Maximum Height 3 stories 15 30% 12%
(min)
All Floors 9’-14’ 16 20
Blank Wall Limitations Yes
(b) Entrance
Residential/ Front Facade, 21
All Floors 17 Location
Lodging Building Corner
Not Required, Entrance Treatment (see 5.5.B) Stoop, Porch 22

18
Occupied Space Restrictions except for Entrances on Street Facing 23
1 per building 4
Facades
internal parking
Other Facade
Accessory Uses & Structures See Table 4.5-1 Not Required 24
Entrances
(c) Roof Type

Tower Not Permitted
Spire Not Permitted
15
17 19 19 19
16
17
21 22
19 19
14 16
18 17
23
Notes:
4
When multiple detached or attached buildings exist on a lot, entrances on buildings behind the Front and Corner Side Facade
shall be located off a shared open space or courtyard or pedestrian pathway.
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I. Lot Type: Outdoor Market
(1) Building Siting (refer to Figure 5.6-22) (d) Parking, Loading, & Access
(a) Street Frontage Parking Location Rear Yard 8
Multiple Principal Buildings Yes 1

Loading & Service Location Side or Rear Yard 9
Front Lot Line Coverage Not Required Interior Parking Entrance
Not Permitted
Occupation of Corner Not Required Bay
Front Build-to Zone Alley; 1 on
Not Required 1 2 Corner Side; 1 10
Corner Build-to Zone Driveway Location
on Front if an
ROW Encroachment Yes 3 interior lot
(b) Lot Area

4
Side Yard Setback 10’
(c) Lot Coverage

Impervious Surface (max) 65% 2 6
2
Rear Property Line Rear Property Line
5 10 5 10
Secondary Street
Secondary Street
6 8
6 8
4 4

9
1 6
Side Property Line
7
Side Property Line
1 6
9
1 6
1 6 1 6
2
Front Property Line 3

3 Front Property Line
Primary Street Primary Street

86
Chapter 50 Zoning
Minimum Height 1 Story 11
Maximum Height 1 Story 12
Ground Floor Not Required 3
15
Ground Floor Not Required Upper Floor(s) Not Required
Upper Floor(s) Not Required Blank Wall Limitations Not Required

(b) Entrance/Counter
Commercial,
13
All Floors Park/Open
Space Location Not Required 3 16
Occupied Space Not Required 14

Entrance Treatment (see 5.5.B) Not Required 3
Accessory Uses & Structures See Table 4.5-1
Entrances on Street Facing
Not Required 3 17
Facades
Other Facade
Not Required
Entrances
(c) Roof Type

Tower Not Permitted
Spire Not Permitted
11
12 15
13
Notes:
1 Except: 0-10’ BTZ is required for Outdoor Sales & Storage, and Vehicle Service, and Permanent Food Truck and Kiosk Lot per
50-4.4 and 4.5.

2
A permanent building shall account for no more than twenty-five (25) percent of the impervious coverage allowance. This does
not apply to such structures as kiosk, shipping container, greenhouse, or hoop house, which are considered not permanent for
the purposes of impervious coverage.
3
When a building is located in the 0-10’ Front or Corner Side Build-to Zones, it must have an entrance, windows, or service
window/counter on the facade facing the adjacent street. Outdoor Sales & Storage & Vehicle Service uses must be in buildings
with a stoop or storefront entrance treatment.
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50-5.7 Institutional Campus (IC) District.
A. Intent. The purpose of the Institutional Campus (IC) District is to support the development, continued growth, and
evolution of institutions or businesses in a campus setting, such as a college or university, institutional uses such as
hospitals or large religious assemblies, and large office and/or industrial campuses. The Institutional Campus district is
intended to promote and enhance the development and expansion of these uses, considering their unique characteristics
and their location.
B. General Provisions. The Institutional Campus (IC) District requires an up-to-date Campus Master Plan to guide the
growth and development of the campus.
(1) Campus Master Plan. Properties within an IC District follow the development standards detailed in an approved
Institutional Campus Master Plan The purpose of the Campus Master Plan is as follows:
(a) Establish a framework for the use, growth, and development of the campus.
(b) Set standards that consider the campus’ location in the neighborhood or adjacent street network.
(c) Create public expectations for an evolving campus and location of structures and uses.
(d) Establish zoning and project standards for the campus, including for such development elements as buildings,
uses, parking, signage, mobility, open space, and stormwater management.
(2) Project Review and Approval. Unless otherwise stated in the Campus Master Plan, development projects require Site
Plan review and approval prior to seeking any construction permits.
C. Approval Process. Creating and maintaining an IC District and Master Plan is done through the following steps:
(1) Establishing the IC District. There are two parts to establishing an IC District, applying the IC District to the campus
properties and the creation of the IC Master Plan.
(a) Creating the IC District. Mapping the IC District onto the campus properties is achieved through a map
amendment or rezoning process by the Planning Commission and City Commission.
(b) Campus Master Plan Approval. The institutional campus puts forth for review a Campus Master Plan that was
created through an open and transparent process with the campus community, adjacent neighborhood(s) and/
or institutions, and the City. The Campus Master Plan is reviewed and approved by the Planning Commission and
the City Commission through a concurrent review to the rezoning process. Refer to 50-6.3D for the Master Plan
requirements.
88
Chapter 50 Zoning
(2) Renewal of the Institutional Campus Master Plan. The Campus Master Plan must be reviewed and re-approved as
follows.
(a) Campus Master Plans reviewed and updated every ten (10) years, unless the Campus Master Plan was approved
with a different timetable.
(b) Renewal of the updated Campus Master Plan is done by the Planning Commission, who approve or deny the
renewal request at a public hearing.
D. Campus Master Plan. The following is included in the Campus Master Plan unless otherwise noted by the City Planner.
(1) Outreach and Engagement. The institution is responsible for establishing and following, in alignment with the City’s
Public Participation Policy, an engagement plan which will be reviewed and approved by the City Planner prior kicking
off the Campus Master Plan creation or renewal process.
(2) Master Planning Area. The Campus Master Plan must include all properties designated within the IC District and an
area extending out at least three (300) feet from the boundary of the district.
(3) Plan Elements.
(a) Organizational mission statement.
(b) Master plan objectives, including how all development contemplated or defined by the institutional master plan
advances the goals and objectives of the institution.
(c) Public Participation Plan. Plan outlining how the campus, adjacent neighborhood(s) and/or institutions, and the
City provided input on and shaped the Campus Master Plan document.
(d) Alignment with relevant City policies and plans, including, but not limited to the Master Plan, Street Design
Manual, Community Sustainability Plan, and Complete Streets Policy,
(e) Campus location and context, including adjacent neighborhoods, transportation network, institutions, and other
public facilities or land.
(f) Location and description of campus buildings and uses. including the following details:
[1] Building footprints with gross floor area in square feet.
[2] [Height and setback or build-to zone information.
[3] Site characteristics such as signs, landscaping, and lighting.
[4] Transportation network through and adjacent to the campus.
[5] Parking and loading facilities, including parking count of on and off-street parking, parking permit systems, and
any transportation demand management tools applied.
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(g) Summary and projection of current and future facility needs for the institutions, such as academic, service,
research, office, housing, patient care, manufacturing, assembly, transportation, and parking.
(h) Future development, renovation, and expansion of campus uses, including such details as building location,
height, use, architectural design, and relationship to adjacent streets and buildings.
(i) Open space and stormwater facilities.
(j) Transportation and parking management, including for vehicles, bicycles, pedestrians, transit riders, delivery and
shipping of goods, and loading.
(k) Relationship with adjacent institutions and public facilities.
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Chapter 50 Zoning
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Article 6. Zoning Standards: Overlay District Standards

50-6.1 Overlay District Requirements.
A. Applicability. Overlay Districts are applied to parcels in addition to the base or underlying Zoning District as
mapped in the Zoning Map. Unless otherwise provided, an overlay zoning district shall include and be applicable
to whole parcels and any parcels subsequently joined or combined with a parcel subject to any overlay zone
regulations.
B. Intent. Overlay Districts provide an additional set of requirements for the development and use of parcels with the
Overlay
C. Conflict. If a conflict arises between the Overlay District regulations and those of the Base Zoning District, the
Overlay District regulations control.
50-6.2 Natural Features Protection Overlay Standards

A. Intent. The intent of the NFP Overlay District is as follows:
(1) intended tTo protect Natural Features in the City of Kalamazoo, specifically Wetlands, Water Resources, Trees,
Woodlands, Floodplains, Slopes, Natural Heritage Areas, and Habitat Corridors.
(2) To guide site development, balancing growth and redevelopment with the protection of our existing natural features.
(3) To create site designs that are responsive to the existing natural features and minimize impacts to the extent
possible.
B. Applicability. The NFP Overlay District standards apply as follows.
(1) The Natural Features Standards are divided by defined Natural Feature. When a parcel is developed,
redeveloped, or the Natural Feature is impacted due to any site alterations, the standards for all applicable Natural
Features are applied.
(2) The Site Development Standards shall be applied to all parcels in the NFP Overlay District.
(3) Overlay standards shall not eliminate the need to obtain a permit from the Michigan Department of
Environmental Quality (MDEQ) or any other State, Federal, or regional permitting agency, if required.
(4) Structures existing on the effective date of the ordinance creating the NFP Overlay District that do not meet the
setbacks required in this Article are permitted and may be altered or expanded provided that they do not increase
the amount of their non-conformance with the standards in this Article.
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Chapter 50 Zoning
C. Natural Feature Standards: Wetlands. A Wetland is any area, regardless of parcel boundaries, that is characterized
by the presence of water at a frequency and duration sufficient to support wetland vegetation or aquatic life, or
otherwise defined in Part 303 of the NREPA.
(1) Wetland Determination. If any area on a parcel appears to be supporting wetland vegetation or is identified on
the National Wetlands Inventory (NWI) map, one of the following is required.
(a) The area in question shall be treated as a Wetland and the standards of this Section apply.
(b) A Wetland Determination shall be completed by a qualified professional, such as a Professional Wetland
Scientist to confirm whether the area in question is a Wetland.
(2) Altering a Wetland. Alteration to a Wetland is prohibited except as allowed by the NREPA. A copy of any required
permits obtained from the State to alter a Wetland must be submitted to the City.
(3) Wetland Setbacks. Setback distance is measured from the outer edge of wetland vegetation. Refer to Figure
6.2-1 Measuring Wetland and Water Resource Setbacks and Figure 6.2-2 Setbacks Across Parcel Boundaries.
(a) The size of the Wetland setback is based on the size of the parent parcel following the distances in Table 6.2-1
Wetland and Water Resources Setbacks.
(b) Prohibited Activities. The following activities are prohibited in the setback.
[1] Development activities, such as structures, impervious surfaces, parking, driveways, etc.
[2] New Stormwater BMPs.
(c) Permitted Activities. The follow activities are permitted in the setback.
[1] Water and sewer lines, utility lines, bridge abutments or approaches, or semi-pervious, non-motorized
trailways, may be developed and maintained within a Wetland setback with approval from all applicable local,
Ordinary
High Water
Mark
Setback Setback
Required
Vegetated Buffer
Edge of
Wetland
Vegetation
Figure 6.2-1 Measuring Wetland and Water Resource Setbacks
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State, and/or Federal agencies.
[2] Restoration activities, such as planting with native vegetation with approval from all applicable local, State,
and/or Federal agencies.
[3] Mitigation activities required under the NREPA.
(4) Protection During Construction. Appropriate erosion control measures must be used according to Chapter 30 of
the Kalamazoo City Code.
D. Natural Feature Standards: Water Resources. A Water Resource is any lake, pond, or impoundment; a river, stream,
or creek which may or may not be serving as a drain; or any other body of water that has defined banks, a bed, and
visible evidence of a continued flow or continued occurrence of water, or as otherwise defined in Part 301 of the
NREPA.
(1) Altering a Water Resource. Alteration to a Water Resource is prohibited except as allowed by the NREPA. A copy
of any required permits obtained from the State to alter a Water Resource must be submitted to the City.
(2) Water Resource Setbacks. Setback distance is measured from the Ordinary High-Water Mark of all Water
Resources, including when the Water Resource is located off the parcel but within the setback distance. Refer
to Figure 6.2-1 Measuring Wetland and Water Resource Setbacks and Figure 6.2-2 Setbacks Across Parcel
Boundaries.
Table 6.2-1 Wetland and

Setback
Water Resources Setbacks
Size of Parent Minimum Required
Parcel Setback
Greater than 1 acre 25 feet
1/2 acre - 1 acre 20 feet
Less than 1/2 acre 15 feet
Figure 6.2-2 Setbacks Across Parcel Boundaries

94
Chapter 50 Zoning
(a) The size of the Water Resource setback is based on the size of the parent parcel following the distances in
Table 6.2-1 Wetland and Water Resources Setbacks.
(b) Prohibited Activities. The following activities are prohibited in the setback.
[1] Development activities, such as structures, impervious surfaces, parking, driveways, etc.
[2] New Stormwater BMPs.
(c) Permitted Activities. The following activities are permitted in the setback.
[1] Up to twenty (20) percent of the setback area may be developed with semi-pervious materials, such as paths
or mowed Turf Grass.
[2] Water and sewer lines, utility lines, bridge abutments or approaches, or semi-pervious, non-motorized
trailways, may be developed and maintained within a Water Resource setback with approval from all applicable
local, State, and/or Federal agencies.
[3] Disturbance to the bank or shoreline, as expressly allowed under State law, is permitted when a restoration
plan is prepared by a qualified professional, such as a Michigan Certified Natural Shoreline Professional or
Professional Engineer.
[4] Operation and maintenance of existing flood control facilities or Stormwater BMPs.
(3) Required Planting. The setback must contain Natural Vegetation, including a combination of trees, shrubs,
grasses, and Forbs to form a Vegetated Buffer in a Riparian area. The Vegetated Buffer must meet one (1) of the
following.
(a) Where the bank or shoreline contains Natural Vegetation.
[1] Existing vegetation must remain undisturbed during and after construction activities.
[2] Supplemental planting or seeding is allowed when Native Species are used. Mowed turf grass does not
qualify as Natural Vegetation.
[3] Removal of invasive species and/or dead or diseased woody species are allowed, if they are replaced
according to the parameters in 50-6.2D(3)(b)[3].
(b) Where the bank or shoreline is not covered in Natural Vegetation.
[1] A Vegetated Buffer must be planted and maintained in the setback.
[2] Soil preparation for planting is allowed with proper soil erosion controls.
[3] A diverse mix of appropriate native species is required, as follows.
[a] At least twelve (12) different species must be planted.
[b] At least two (2) species from each of the following plant types must be planted: shrubs, Graminoids, and
Forbs. Refer to Table 6.2-2 Example Plants for Vegetated Buffers.
[c] Trees may be planted if appropriate to the site. Refer to Table 6.2-5 Replacement Tree List.
[4] Any combination of native seed mix, plant plugs, bare root trees or shrubs, and/or container plants, trees, or
shrubs are permitted.
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Table 6.2-2 Example Plants for Vegetated Buffers

Common Name Scientific Name Type
Silky Dogwood Cornus amomum Shrub
Red Osier, Red Twig Dogwood Cornus stolonifera, sericea Shrub
Common Elderberry Sambucus canadensis Shrub
Atlantic Ninebark Physocarpus opulifolius Shrub
Common Winterberry Ilex verticillata Shrub
Northern Spicebush Lindera benzoin Shrub
Highbush Blueberry Vaccinium corymbosum Shrub
Gray Dogwood Cornus foemina, syn. C racemosa Shrub
Steeplebush/Meadowsweet Spiraea alba Shrub
Hardback/Steeplebush Spiraea tomentosa Shrub
Lake Sedge Carex lacustris Graminoid
Tussock Sedge Carex stricta Graminoid
Bottlebrush Sedge Carex hystericina Graminoid
Bebb’s Sedge Carex bebbii Graminoid
Common Fox Sedge Carex vulpinoidea Graminoid
Prairie Cordgrass Spartina pectinata Graminoid
Dark-Green Bulrush Scirpus atrovirens Graminoid
Cottongrass Bulrush/Wool Grass Scirpus cyperinus Graminoid
Bluejoint Grass Calamagrostis canadensis Graminoid
Common Rush Juncus effusus Graminoid
Wood Reedgrass Cinna arundineacea Graminoid
Fowl Mannagrass Clyceria striata Graminoid
New England American Aster Symphytotrichum novae-angliae Forb
Flat-Topped White Aster Doellingeria umbellate Forb
Tall Sunflower Helianthus giganteus Forb
Spotted Joe-Pye-Weed Eutrochium maculatum Forb
White Turtlehead Chelone glabra Forb
Canada Anemone Anemone canadensis Forb
Common Boneset Eupatorium perfoliatum Forb
Swamp Milkweed Asclepias incarnata Forb
Cutleaf Coneflower Rudbeckia laciniata Forb
Pin Oak Quercus palustris Tree
Swamp White Oak Quercus bicolor Tree
Black Tupelo, Black Gum Nyssa sylvatica Tree
Tamarack, American Larch Larix laricina Tree
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(c) Exceptions. The Vegetated Buffer is not required when a structure or parcel is being redeveloped unless the
project increases the site’s impervious coverage on the parcel by more than ten (1o) percent or if the project is
being conducted within twenty (20) feet of the Water Resource setback.
(4) Protection During Construction. Appropriate erosion control measures must be used according to Chapter 30 of
the Kalamazoo City Code.
(5) Operation and Maintenance Agreement. The Vegetated Buffer must be included in the Stormwater Operation
and Maintenance Agreement, if an Agreement is required for the project.
E. Natural Feature Standards: Floodplains. Reserved.
F. Natural Feature Standards: Trees. Trees that provide special value to the community or ecosystem are protected
through the NFP Overlay District.
(1) Tree Criteria. When Trees meet any of the following criteria and are not counted as part of a Woodland, the Tree
is considered a Protected Tree and the standards of this Overlay apply.
(a) Trees on the Protected Tree List in Table 6.2-4.
(b) Any Tree larger than twenty-four (24) inches DBH.
(2) Tree Protection. Protected Trees and their CRZ shall be protected during site development and construction.
(a) Disturbance. No disturbance is allowed within a CRZ, except as follows.
[1] Fences are permitted when they meet all other applicable zoning standards.
[2] Management of other Protected Trees or Woodlands with a plan by a qualified professional, such as an
International Society of Arboriculture (ISA) Certified Arborist.
(b) Protection During Construction. The CRZ of Protected Trees shall be protected following the standards of 50-
6.2J(8) Protection During Construction.
(3) Protected Tree Removal. Protected Trees may be removed in the following circumstances.
(a) Protected Tree is located such that it impedes access to the site, prevents utility connections, or prevents the
use of a property for its zoned purpose.
(b) There is clear evidence a Protected Tree is diseased, dying, or has sustained substantial damage prior to site
work.
(c) Location of the Protected Tree presents a threat to the structural integrity of an existing structure or
infrastructure.
(4) Replacement. Any Protected Tree which is removed from a parcel as part of a development project that requires
site plan review must be replaced at a ratio of 1:1, where for every Protected Tree removed a Replacement Tree
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must be planted as follows:
(a) Replacement Trees shall be selected from the Replacement Tree List in Table 6.2-5. Site context and site
condition should be taken into consideration when selecting a Replacement Tree.
(b) Replacement Trees shall be located as follows.
[1] Replacement Trees shall be located on the site from which they are removed.
[2] The NFP Review Board can approve alternative locations, if on-site replacement is not possible provided that
the alternative is within the City of Kalamazoo.
[3] Replacement Trees cannot be located within a parking lot.
G. Natural Feature Standards: Woodlands. Woodlands provide important ecosystem services and habitat corridors
and are protected by the NFP Overlay District.
(1) Woodland Criteria. When trees located on a parcel meet the following criteria, the area shall be considered a
Woodland and the standards of this Overlay apply.
(a) Minimum Area. Trees cover a minimum area of 21,780 square feet or a half (1/2) acre, regardless of parcel
Size of a Woodland is measured

GAP across parcel boundaries
CRZ
Woodland
Boundary
Figure 6.2-3 Defining and Delineating a Woodland
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boundaries. Refer to Figure 6.2-3 Defining and Delineating a Woodland.
(b) Tree Count. The area contains the equivalent of at least forty (40) trees per acre of at least two (2) inches DBH
and reach or at maturity will reach at least fifty (50) feet in height.
(c) Natural Ground Cover. No more than twenty-five (25) percent of the ground area is mowed turf grass.
(2) Woodland Delineation and Assessment. Refer to Figure 6.2-3 Defining and Delineating a Woodland. Existing
Woodland coverage on the parcel shall be delineated and assessed as follows.
(a) Gaps. Areas without trees or that have sparse trees are common within a Woodland and should be included in
area and density measurements except when the gap is larger than 8,000 square feet.
(b) Woodland Assessment Tools. A Woodland must be assessed using a Basal Area, Woodland Ecosystem
Assessment, or tree survey conducted by a qualified professional, such as an ISA Certified Arborist.
(3) Woodland Protection. For areas meeting the definition of a Woodland, a portion of the Woodland on the parcel
must be preserved as follows.
(a) Woodland Preservation Minimums. Woodlands shall be preserved following the coverage requirements in
Table 6.2-3 Woodland Preservation.
(b) Criteria for Woodland Preservation. In determining which areas of a Woodland are to be preserved, the
following priorities shall be applied.
[1] Woodlands contiguous to Woodlands on adjacent parcels or areas serving as Habitat Corridors.
[2] Woodlands on or adjacent to another Natural Feature(s), floodplain, or a publicly accessible open space.
[3] Woodlands in the best condition as determined by a qualified professional, such as an ISA Certified Arborist,
and based upon the Basal Area score or another Woodland Ecosystem Assessment.
[4] Woodlands with older growth, higher DBH trees, or trees noted in 6.2-4 Protected Tree List and 6.2-5
Replacement Trees List.
(4) Prohibited Activities.
(a) Disturbance. No disturbance is allowed within a Woodland preserved area, the boundary of which is defined by
Table 6.2-3 Woodland Preservation

Woodland Minimum Required
Coverage of Woodland Coverage to be
Parent Parcel Preserved
75% to 100% 25%
50% up to 75% 50%
25% up to 50% 75%
Less than 25% 90%
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Table 6.2-4 Protected Tree List

Common Name Scientific Name DBH (inches)*
Ash Fraxinus spp. (not culivars) 18”
Basswood, Linden Tilia americana 18”
Beech Fagus spp. 18”
Buckeye (Horsechestnut) Aesculus spp. 18”
Cherry, Black Prunus serotina 18”
Elm, American Ulmus americana 18”
Elm, Slippery Ulmus rubra 18”
Elm, Winged Ulmus alata 18”
Fir Abies spp. 18”
Fir, Douglas Pseudotsuga menziesii 18”
Kentucky Coffeetree Gymnocladus dioicus 18”
Maple, Red Acer rubrum 18"
Maple, Silver Acer saccharinum 18”
Maple, Sugar Acer saccharum 18"
Pine, Red Pinus resinosa 18”
Pine, White Pinus strobus 18”
Spruce Picea spp. 18”
Sycamore, American Plantanus occidentalis 18”
Tuliptree Liriodendron tuliperifera 18”
Walnut, Black Juglans nigra 18”
Honey Locust Gleditsia triacanthos 16”
Oak, Black Quercus velutina 16"
Oak, Bur Quercus macrocarpa 16"
Oak, Northern Red Quercus rubra 16"
Oak, White Quercus alba 16”
Arbor-vitae, Eastern White Cedar Thuja occidentalis 12”
Birch Betula spp. 12”
Birch, River Betula nigra 12"
Cherry, Flowering Prunus spp. 12”
Eastern Hemlock Tsuga canadensis 12”
Hickory, Bitternut Carya cordiformis 12"
Hickory, Pignut Carya glabra 12"
Hickory, Shagbark Carya ovata 12"
Hickory, Shellbark Carya laciniosa 12"
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Common Name Scientific Name DBH (inches)*

Oak, Chinkapin Quercus muehlbergii 12"
Oak, Northern Pin Quercus ellipsoidalis 12"
Oak, Swamp White Quercus bicolor 12"
Persimmon Diospyros virginiana 12”
Poplar Populus spp. 12”
Sassafras Sassafras albidum 12”
Sweet Gum Liquidambar styraciflua 12”
Willow Salix spp. 12"
American Chestnut Castanea dentata 8”
Black Tupelo, Black Gum Nyssa sylvatica 8”
Butternut Juglans cinerea 8”
Cedar, Eastern Red Juniperus virginiana 8”
Hackberry Celtis occidentalis 8”
Larch/Tamarack Larix laricina 8”
Maple, Mountain/Striped Acer spicatum/pensylvanicum 8”
American Hophornbeam Ostrya virginiana 4"
American Hornbeam, Blue Beech Carpinus caroliniana 4"
Dogwood, Flowering Cornus florida (native only) 4”
Pagoda Dogwood Cornus alternifolia 4”
Dwarf Hackberry Celtis tenuifolia 4"
Eastern Redbud Cercis canadensis 4”
Pawpaw Asimina triloba 4”
Serviceberry Amelanchier spp. 4"
*Tree species with DBH greater than or equal to the values in this column of the table require replacement with
any species on the Replacement Tree List if removed for construction/development.

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Table 6.2-5 Replacement Tree List

Common Name Scientific Name Condition
Code
Basswood, Linden Tilia americana Cs
American Chestnut Castanea dentata (hybrid) Cr, F, Cul
American Hophornbeam Ostrya virginiana P, Cr
American Hornbeam, Blue Beech Carpinus caroliniana Cr, P
Arborvitae, Eastern White Cedar Thuja occidentalis Cv, Cs
Birch Betula spp. Cv
Birch, River Betula nigra P, Ri
Black Tupelo, Black Gum Nyssa sylvatica Cr, Ri
Cedar, Eastern Red Juniperus virginiana Cr, P
Cherry, Wild Black Prunus serotina
Cherry, Flowering Prunus spp.
Dogwood, Flowering Cornus florida (native only) Cr

Eastern Redbud Cercis canadensis Cr, P
Elm, American Ulmus americana (resistant variety) Cul, Cs
Elm, Slippery Ulmus rubra
Hackberry Celtis occidentalis Cr

Hickory, Bitternut Carya cordiformis Cr, F, Ri, Cs
Hickory, Pignut Carya glabra Cr, F, Cs
Hickory, Shagbark Carya ovata Cr, F, Cs
Hickory, Shellbark Carya laciniosa F, Ri, Sc
Honey Locust Gleditsia triacanthos Cr
Kentucky Coffeetree Gymnocladus dioicus Cr
Larch/Tamarack Larix laricina Ri, Cs
Maple, Red Acer rubrum Cv, Cs
Maple, Sugar Acer saccharum Cv, Cul
Oak, Black Quercus velutina Cr, Cs
Oak, Bur Quercus macrocarpa Cr, Cul, Cs
Oak, Chinquapin Quercus muehlenbergii Cr, Cs
Oak, Pin Quercus palustris Cr, Ri, Cs
Oak, Northern Red Quercus rubra Cr, Sc
Oak, Swamp White Quercus bicolor Cr, Ri, Cs
Oak, White Quercus alba Cr, Cul, Cs
Pawpaw Asimina triloba Cr, F
Persimmon Diospyros virginiana Cr, F
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Common Name Scientific Name Condition

Code
Pine, Red Pinus resinosa
Pine, White Pinus strobus
Sassafras Sassafras albidum
Serviceberry Amelanchier spp. P, F

Sycamore, American Plantanus occidentalis Cr
Tuliptree Liriodendron tuliperifera Cr, Cs
Willow, Black Salix nigra Ri
Pecan Tree Carya illinoinensis
Sweetgum Tree Liquidambar styraciflua
Oak Post Quercus stellata
Condition Codes:
Cr = Climate Resilient P = Suitable for parking lots and roadways
Cs = Carbon sequestration Ri = Suitable for riparian/wet plantings
Cul = Culturally significant Cv = Climate vulnerable
F = Food source
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the CRZ of trees along its edges, except for the following activities.
[2] Management of the Woodland vegetation with a plan by a qualified professional, such as an ISA Certified
Arborist.
(b) Stormwater. No new Stormwater BMPs within the CRZ.
(5) Permitted Activities. Operation and maintenance of public utilities is permitted within the CRZ. Directional boring
shall be used whenever possible.
(6) Construction Protection. Woodlands trees and their CRZ shall be protected during site construction following
the standards of 50-6.2K(8) Protection During Construction.
H. Natural Feature Standards: Slopes. Slopes associated with Water Resources and other Natural Features are
protected by the NFP Overlay District.
(1) Slope Criteria. Slopes protected by the NFP Overlay District are those with a grade of twenty (20) percent or
greater and meet at least one (1) of the following.
(a) Slope Face contains a Woodland, refer to 50-6.2G.
(b) Slope Face contains Natural Heritage Area, refer to 50-6.2I.
(c) Any portion of the Slope Face is within five-hundred five hundred (500) feet of a Wetland or Water Resource,
refer to 50-6.2C and 50-6.2D.
(d) Any portion of the Slope Face extends onto adjacent parcels.
(2) Slope Determination. If any area on a parcel appears to meet the Slope Criteria, one (1) of the following is
required.
(a) A Slope Analysis by a professional is not completed and the area is assumed to meet the slope criteria; the
Area of No Disturbance
Setback
Height
Setback
Figure 6.2-4 Protected Slope Setbacks
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standards of this Overlay are applied.
(b) A Slope Analysis shall be completed by a licensed surveyor, licensed professional engineer, or a geologist
certified by the American Institute of Professional Geoscientists (AIPG) following all acceptable practices to
determine whether any part of the Slope Face meets the Slope Criteria.
(3) Slope Protection. Slopes shall be maintained and protected as follows.
(a) Setbacks. A setback is required from the Top of Slope and the Toe of Slope equal to half (1/2) the height of
the Slope, regardless of whether or not the entire Slope is contained within the parcel, or ten (10) feet, whichever
is greater. Refer to Figure 6.2-4 Slope Setbacks.
(b) Permitted Activities in the Setbacks. Setback areas from the Top or Toe of Slope shall remain undisturbed
except as follows.
[1] Any work necessary to maintain the stability of the Slope.
[2] Restoration and management of other Natural Features provided that they meet the requirements of this
Overlay.
[4] Normal maintenance that does not disturb existing terrain.
[5] Maintenance of existing impervious surfaces and structures.
[6] In addition to the requirements in 50-6.2B(4), existing structures located in the setback may be expanded up
to twenty-five (25) percent of the existing building footprint as follows.
[a] The expansion does not disturb the Slope Face.
[b] Ground disturbance is the minimum needed for the expansion.
(c) Permitted Activities in the Slope Face. The Slope Face shall remain undisturbed except as follows.
[1] Any work necessary to maintain the stability of the Slope Face, including the Top and Toe of Slope.
[2] Restoration and management of other Natural Features provided that they meet the requirements of this
Overlay.
[3] Normal maintenance that does not disturb existing terrain.
[4] Maintenance of existing impervious surfaces and structures.
[5] In addition to the requirements in 50-6.2B(4), existing structures where a portion of the structure is in the
Slope Face may be expanded up to twenty-five (25) percent of the existing building footprint as follows.
[a] The expansion can only occur on Slopes with a grade of thirty (30) percent or less.
[b] Expansion in the Slope Face is limited to no more than fifteen (15) percent of the existing building footprint.
[c] Ground disturbance is the minimum needed for expansion.
(d) Prohibited Activities. The following activities are prohibited.
[1] Surface water shall not be directed toward any Slope regulated by this Overlay.
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[2] Stormwater BMPs are not permitted within the Slope Face or the setbacks, including storm sewer outlets.
[3] No new underground utilities may be placed within the Slope Face or setbacks.
(e) Construction Protection. The Slope Face and setbacks shall be protected during site development and
construction following the standards of 50-6.2K(8) Protection During Construction.
I. Natural Feature Standards: Natural Heritage Areas. Rare species and remnants of historically and culturally
significant ecosystems are protected by the NFP Overlay District.
(1) Natural Heritage Area Criteria. A Natural Heritage Area is defined by the presence of either of the following.
(a) Any species considered to be rare, threatened, or endangered by the State of Michigan, Federal government,
or listed on the Michigan Natural Features Inventory (MNFI) Database.
(b) Any remnant of a Natural Community listed on the MNFI Michigan’s Natural Communities List.
(2) Determination of Natural Heritage Area. The MNFI Natural Heritage Database shall be used to determine if any
rare species have been located within a two (2) mile radius of the parcel.
(3) On-Site Survey. When a database search indicates a rare species has been identified within two (2) miles of
the parcel, an on-site survey shall be conducted. The survey must be conducted by a consultant with a Michigan
Endangered Species Permit or another qualified professional approved by the City Planner.
(4) Natural Heritage Area Protection. If the on-site survey confirms that a Natural Heritage Area exists on the parcel,
all State and Federal protections and/or mitigation activities must be followed. A copy of any required permit
obtained from a State or Federal agency must be submitted to the City.
J. Site Development Standards. The following standards apply to all properties within the NFP Overlay District.
(1) Building Setbacks. When a conflict exists between meeting the 50-6.2C-J NFP Standards and the required
placement of structures, the setbacks or built-to zones or lines may be adjusted to eliminate or reduce the conflict
provided that the adjustment is the minimum required to meet the NFP standards.
(2) Use. In addition to the uses permitted in the Base Zoning District, the following apply.:
(a) Appendix A 3.5 Wellhead Protection Overlay 10-year use restrictions.
(b) Outdoor storage of loose materials is prohibited within five hundred (500) feet of a Water Resource or Wetland.
(c) Appendix A 3.5 Wellhead Protection Overlay 1-year use restrictions apply within five hundred (500) feet of a
Water Resource or Wetland.
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(2) Use. In addition to the uses permitted in the Base Zoning District, the following apply.
(a) Ten-year time-of-travel use restrictions in Chapter 39 Wellhead Protection apply within three-hundred (300) feet of
a wetland or water resource.
(b) One-year time-of-travel use restrictions in Chapter 39 Wellhead Protection apply within five-hundred (500) feet of
a wetland or water resource.
(3) Lot Coverage. Areas designated to meet the lot coverage pervious surface requirement of a the Base Zoning
District shall located as follows: meet the following requirements.
(a) Natural Features. Areas left undisturbed per the standards in 50-6.2C-J can be applied to a parcel’s pervious
lot coverage requirement, except that Stormwater BMPs shall count at a ratio of two (2) square feet of BMP to one
(1) square foot of pervious coverage ratio or at a rate of fifty (50) percent.
(b) Undisturbed Areas. All areas designated to meet a parcel’s overall pervious lot coverage requirement must
remain undisturbed except in the following circumstances.
[1] Restoration or maintenance of the pervious area when guided by a plan developed by a qualified
professional.
[2] Planting or restoration of plants or trees per 50-6.2 Natural Features Standards.
[3] Installation of stormwater BMPs from the Michigan Low Impact Development (LID) Manual BMP Matrix Table
in the Runoff Volumes and Infiltration categories.
(c) Location. Areas designated to meet a parcel’s overall pervious lot coverage requirement shall be located as
follows.
(a) Contiguous. Areas required to be left as pervious Pervious areas shall be located in one (1) contiguous area or
clustered into areas that each equal at least twenty (20) percent of the total pervious area.
(b) Adjacent to Natural Features. Pervious areas shall be located adjacent to defined existing Natural Features on
the site(s).
(d) Construction. Pervious areas shall be protected during construction and site development through barrier
fencing as described in 50-6.2K(8).
(e) Semi-Pervious Allowance. A semi-pervious allowance of up to fifteen (15) percent may be utilized to meet the
lot coverage requirement.
(4) Landscape and Screening. Additional landscape and screening activities apply within the NFP Overlay District.
(a) Relief. A reduction in a parcel’s required building perimeter, parking lot, loading zone, perimeter screening,
or interior landscaping requirements (refer to 50-8 Landscape and Screening Appendix A. 6.2 Landscaping and
Open Space) may be permitted to eliminate conflicts with meeting the requirements of 50.6-2 Natural Features
Standards.
[1] Relief shall be the minimum required to meet the NFP standards.
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Table 6.2-6 Prohibited Planting List

Common Name Scientific Name Miscanthus Micanthus, spp.
Trees Wintercreeper Euonymus fortunei
Norway Maple Acer platanoides European or Common Spindle Euonymus europeus

Tree-of-Heaven Ailanthus altissima Burning Bush Euonymus alata
Silktree Albizia julibrissin Common Name Scientific Name
Russian Olive Elaeagnus angustifolia Herbs
Black Locust Robinia pseudoacacia Garlic Mustard Alliaria petiolata
Siberian Elm Ulmus pumila Centaurea biebersteinii or

Spotted Knapweed
Callery Pear Pyrus calleryana C. maculata
Paulownia tomentosa Canada Thistle Cirsium arvense

Princess Tree
Bull Thistle Cirsium vulgare
Black Alder Alnus glutinosa
Leafy Spurge Euphorbia esula
Shrubs
Dame’s Rocket Hesperis matronalis
Japanese Barberry Berberis thunbergii
Berberis vulgaris Creeping Jenny or Moneywort Lysimachia nummularia
Common Barberry
Autumn Olive Elaeagnus umbellata Purple Loosestrife Lythrum salicaria
Glossy Buckthorn Frangula alnus Japanese Knotweed Polygonum cuspidatum
Common or European Privet Ligustrum vulgare Giant Knotweed Polygonum sachalinense
Showy Fly Honeysuckle (or hybrid) Lonicera x.bella Crown Vetch Securigera varia
Amur Honeysuckle Lonicera maackii Baby’s Breath Gypsophila paniculate
Morrow Honeysuckle Lonicera morrowii Goutweed Aegopodium podagraria
Tatarian Honeysuckle Lonicera tatarica Lesser Celandine Ficaria verna
Common Buckthorn Rhamnus cathartica Moneyplant Lunaria annua
Multiflora Rose Rosa multiflora Sweet Woodruff Galium ordoratum
Japanese Meadowsweet Spiraea japonica Sweet Clovers Melilotus, spp.
European Cranberrybush Viburnum opulus
Vines
Asian Bittersweet Celastrus orbiculatus
Black Swallow-wort Cynanchum louiseae
European Swallow-wort Cynanchum rossicum
English Ivy Hedera helix
Japanese Honeysuckle Lonicera japonica
Mile-A-Minute Weed Persicaria perfoliate
Kudzu Pueraria montana
Grasses
Reed Canary Grass Phalaris arundinacea
Common Reed Phragmites australis
Japanese Stiltgrass Microstegium vimineum
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[2] Landscaping serving as a buffer between residential and non-residential uses and between a vehicular
parking lot and a street shall not be reduced.
(b) Plant Selection. Native species must be used for all site landscaping required under Appendix A. Section 6.2,
Landscaping and Open Space, or required elsewhere in Chapter 50. When additional landscaping is proposed on
the site plan beyond the minimum requirements of Chapter 50, the NFP Review Board may allow the use of non-
native, non-invasive species which have been determined not to cause adverse environmental impacts. Plants
in Table 6.2-6 Prohibited Planting List or species recognized by the Midwest Invasive Species Network as non-
native invasive shall not be planted on any portion of a parcel.
(c) Existing Vegetation. When a parcel’s existing vegetation is being preserved and utilized to meet landscaping
requirements in Appendix A 6.2 Landscaping and Open Space the following applies.
[1] Existing nonnative plants must be contained within the planting areas.
[2] Existing invasive plants must be removed. Refer to Midwest Invasive Species Network Meeting the Challenge of
Invasive Plants by MNFI or Table 6.2-6 Prohibited Planting List.
(5) Lighted Signs. Internally illuminated, automatic changeable copy, and blinking and/or flashing lighted signs are
not permitted within three hundred (300) feet of a Preserve.
(6) Stormwater Management Criteria. Refer to the City of Kalamazoo Performance Standards for Groundwater
Protection within Wellhead Protection Capture Zones for additional information and definitions.
(a) Channel Protection Performance Standard. Parcels half (1/2) acre or greater shall maintain the post-
development project site runoff volume and peak flow rate at or below pre-development levels for all storms up
to the ten (10) year, twenty-four (24) hour event.
(b) Water Quality Treatment Runoff Volume Standard. The first one (1) inch of runoff generated from the entire
parcel must be treated using one of the following.
[1] Multiple Methods. Two or more BMPs shall be utilized with at least twenty-five (25) percent of the required
runoff volume treated by BMPs from the Low Impact Development Manual for Michigan, Table 7.1 BMP Matrix
Table from “Runoff Volume/Infiltration” and “Runoff Volume/Non-infiltration” categories.
[2] Underground Methods. All required runoff shall be treated by underground detention or infiltration BMPs.
[3] Non-Infiltration Methods. Sites requiring non-infiltration BMPs, such as those with contamination or within
A3.5 Chapter 39 Wellhead Protection Overlay, use BMPs from Low Impact Development Manual for Michigan,
Table 7.1 BMP Matrix Table, “Runoff Quality/Non-infiltration” category.
(c) Maintenance Agreement. A Stormwater Operation and Maintenance Agreement is required by and between
the City of Kalamazoo and the owner of the property when Stormwater BMPs are used.
(d) Exceptions. Development or redevelopment of a single family detached unit home or duplex is exempt from
these Stormwater standards.
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(7) Fill Materials. Use of fill material containing regulated substances above any State and/or Federal cleanup
criteria for soils is prohibited. Fill material shall be sourced as follows.
(a) Fill material shall not be sourced from industrial or commercial sites where hazardous materials were used,
handled, or stored or from unpaved parking areas.
(b) Fill material shall not be sourced from sites that contain species that are legally designated by the State of
Michigan as prohibited or restricted.
(8) Protection During Construction. A temporary construction fence is required to protect Natural Features and not-
to-be disturbed areas, such as those designated to meet pervious lot coverage requirements, during the duration
of any site work or construction,
(a) Fence Construction. Construction fences shall be erected as follows.
[1] Fencing must be built using posts six (6) feet in height, spaced no more than eight (8) feet apart on center and
buried at least two (2) feet below grade.
[2] Fence must have two (2) cross beams placed approximately at two (2) and six (6) feet above grade.
[3] Plastic mesh barrier fence shall be affixed to the front of the posts.
(b) Fence Placement. Refer to Figure 6.2-5 Placement of Construction Fencing. Fencing shall be located no closer
than the required setback or edge of a not-to-be disturbed area.
Fencing
Fence
CR
Z
Water
Trunk
Resources
Setback Critical
Root Zone
CR
Z
Figure 6.2-5 Placement of Construction Fencing
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[1] Where a tree is located in the setback or not-to-be disturbed area, the fencing shall be placed to protect the
CRZ. Refer to Figure 6.2-5 Placement of Construction Fencing.
[2] Trees and Woodlands protected through 50-6.2F and 50-6.2G shall have construction fencing placed outside
of the CRZ.
(c) Prohibited Activities. The following activities are prohibited within the construction fencing.
[1] Spreading of soil spoils.
[2] Heavy equipment and vehicle traffic.
[3] Storage of construction materials and debris.
[4] Site grading changes that increase or decrease the moisture conditions within a CRZ on a temporary or
permanent basis.
K. NFP Review Bodies and Processes. Projects located in the NFP Overlay District require special review.
(1) Project Review. Review of projects in the NFP Overlay District shall occur as follows:
(a) Where Site Plan is not required. Administrative review of the site development or construction permit request
shall be completed by the City Planner or designee.
(b) Where Site Plan is required. The NFP Review Board shall review the NFP Plan in conjunction with the Site Plan
Review process. NFP Review Board approval is required for a project to achieve Site Plan approval.
(c) Where Site Plan is required and a zoning review and/or variance from the Planning Commission and/or
Zoning Board of Appeals is requested or the site is located adjacent to land publicly used for open space or
recreation, the following shall occur prior to review by the NFP Review Board.
[1] Owner or developer shall send notice by first class postage paid of a project in the NFP Overlay District to all
property owners and occupants within three hundred (300) feet of the parcel and the neighborhood association
or contact.
[2] Notice shall at a minimum include information on the proposed project, a location (physical or digital)
where plans can be reviewed, instructions on how to provide comments, and a timeline for project review and
construction.
[3] Notice shall be postmarked a minimum of fourteen (14) days before application is made for review by the NFP
Review Board.
(2) NFP Review Board. A board will be formed to review projects in the NFP Overlay District.
(a) Intent. The NFP Review Board will review projects to ensure the standards of the NFP Overlay District are met
and assist the City with regular review of the NFP standards, map, outreach, and City-wide education.
(b) NFP Review Board Members.
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[1] Board will be comprised of seven (7) members.
[2] Members will be those who live or work in the greater Kalamazoo community.
[3] At a minimum, the Board must have at least one (1) member with education or experience in each of
the following features in this Chapter: 1) water resources/wetlands, 2) plants/trees, 3) slopes, and 4) site
development/building construction.
[4] Board members are to be appointed by the Mayor and approved by the City Commission.
[5] A City staff will be appointed by the City Planner to be the Board’s liaison.
(c) The NFP Review Board is subject to the Open Meetings Act, MCL 15.261 et seq. and shall establish its own by-
laws and meeting procedures.
(3) Relief from NFP Overlay District Standards. Relief from the NFP Overlay District Standards may be sought from
the Zoning Board of Appeals.
(a) Criteria. Relief from the NFP Overlay District Standards in 50-6.2 may be granted when all the following
conditions are met.
[1] The parcel cannot be reasonably utilized for its zoned use without the requested relief.
[2] The extent of relief requested is the minimum needed to permit reasonable utilization of the site.
[3] It is demonstrated that the relief requested can be granted without substantial detriment to the public good
and will not substantially impair the intent and the purpose of the NFP Overlay District.
[4] The requested relief is balanced by the use of conservation and/or green development tools and actions,
such as utilizing Stormwater BMPs from the Michigan Low Impact Development Manual that promote infiltration,
restoration or expansion of a Natural Feature on the site, or use of Wild-type native plants or desired trees as
detailed in Table 6.2-5 Replacement Trees.
(b) Process. The following process shall be followed when relief is sought from 50.6-2 NFP Overlay District.
[1] NFP Review Board shall review the request using the NFP Site Plan documentation and make a
recommendation on the requested relief to the Zoning Board of Appeals.
[2] Application for relief from the Zoning Board of Appeals must include the NFP Review Board’s
recommendation.
L. Bonding of Projects.
(1) Intent. To ensure the protection of Natural Features, a financial assurance will be required when seeking site
development permits for a lot or structure from the City of Kalamazoo.
(2) Applicability. During the review and approval of all NFP site plans plansl the NFP Review Board will determine
whether a bond or lien is required for NFP projects based on:
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(a) Whether Natural Features are present on the site such that the cost of replacement or restoration if damaged
or destroyed during construction would place an undue burden on the City if not remediated in a reasonable
timeframe.
(b) The activities proposed on the site present a reasonable threat of damaging or destroying Natural Features.
(3) Financial Assurance Amount. The amount of the assurance shall be in an amount satisfactory to the City to
restore and/or stabilize a Natural Features that has been disturbed, not properly managed during site work or
construction, or has been abandoned for more than six (6) months.
(4) Release of Financial Assurance. The assurance shall be released when a Certificate of Occupancy is granted.
Except when a project includes a vegetated buffer or required tree planting where the assurance may be reduced
by sixty (60) percent at the time of the Certificate of Occupancy is granted with the remaining percentage released
no sooner than three (3) years after the granting of the Certificate of Occupancy.
M. Violation and Penalty. A violation of the provisions of this Chapter is a municipal civil infraction punishable as
follows:
(1) Any person, firm, or corporation violating any provision of this Article Chapter is responsible for a municipal civil
infraction and shall be fined up to $2,500 for each violation. A civil infraction citation for a violation of this Article
Chapter may be issued by the Building Official, or by such person as the City Commission or City Manager may
designate.
(2) Each day a violation exists or continues shall be deemed as a separate offense.
(3) Once a violation notice is issued, the responsible party must appear within sixty (60) days before the NFP Review
Board, who shall determine whether the proposed remediation of the violation is in alignment with best environmental
practices and the standards of this Article.
(4) Any person, firm, or corporation found responsible for a subsequent violation of this Chapter within two years of
having been found or admitted responsible for a violation of this Chapter shall be responsible for a civil fine of up to
$5,000.
(5) Imposition of court-imposed costs.
(6) Issuance of an order by the court to replace, mitigate, or restore a Natural Feature damaged or destroyed by a
violation.
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50-6.3 Planned Unit Development (PUD) Overlay.
A. Intent The Planned Unit Development (PUD) Overlay District is intended to promote the following:
(1) Consistency with the City’s Master Plan.
(2) Development that can be conveniently, efficiently, and economically served by existing and planned utilities and
services.
(3) Design flexibility that results in greater public benefits than could be achieved using conventional district regulations.
(4) Preservation of environmental and historic resources;
(5) A mix of attractive and functional residential and nonresidential developments that are compatible with surrounding
development.
B. General Provisions. The development standards of a PUD are detailed in the PUD Plan and PUD agreement that are
approved at the time of the Planned Unit Development (PUD) Overlay district designation.
.
C. Planned Unit Development Overlay District Considerations. A Planned Unit Development Overlay District may be
considered when the following criteria are met:
(1) Minimum Land Area. PUDs must meet the following minimum land are requirements:
(a) A PUD proposed to contain only residential and related land uses must be located on a minimum of five (5)
contiguous acres or a contiguous city block, if less than five (5) acres.
(b) A PUD proposed to contain commercial uses or a mix of commercial and residential uses does not have a
minimum land area to be designated with the PUD Overlay District.
(2) Unified Ownership or Control.
(a) A PUD proposed to contain only residential and related land uses, must have the title to all land that is part of the
proposed PUD development containing only residential and related land uses must be owned or controlled by one
person at the time of application and approval. A person will be considered to control all lands in the proposed PUD
district either through ownership or by written consent of all owners of land,
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(b) A PUD proposed to contain commercial uses or a mix of commercial and residential uses does not need to be
owned or controlled by one person at the time of application and approval.
(3) Developer’s Statement. The developer’s statement must include the following:
(a) A comparison of the proposed development with the standards of underlying district and the otherwise applicable
standards of this Ordinance with justification for deviation from the underlaying or otherwise applicable standards.
(b) A statement describing how the proposed development provides greater benefits to the City and adjacent
neighborhood(s) than would development following the underlying district regulations.
(4) Standards and Procedures. All standards and procedures in Appendix A 8.3C. Planned Unit Development Overlay
Zone District can be met with the proposed development.
(5) Additional Design Requirements. Building design and site development standards beyond the requirements of the
underlying zoning district that the City requires to ensure that the proposed Planned Unit Development is compatible
with the adjacent neighborhood, street network, and environment.
(6) Demonstrated Benefit. Proposed PUD is determined by the City to result in a greater benefit to the City and adjacent
neighborhood(s) than would development following the underlying district regulations.
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Article 7. Parking & Loading Regulations

A. Applicability. Unless otherwise stated, parking and loading shall be provided as is outlined in this ArticleChapter.
B. General Provisions.
(1) Accessible Parking. Parking facilities accessible for persons with disabilities shall be in compliance with or better
than the standards detailed in the state and federal building or accessibility requirements, including quantity, size,
location, and accessibility.
(2) Maximum Vehicle Parking. This Article establishes the maximum number of vehicular parking spaces that can be
provided for each use; there are no minimum number of parking spaces, except as noted.
(3) Minimum Bicycle Parking. This Article establishes minimum requirements for bicycle parking.
(4) Parking Design. This Article details the parking design and location for vehicle and bicycle parking spaces.
(5) Requirements for Unlisted Uses. Parking spaces will be provided as detailed in Table 7.2-1. If a use is not listed,
the City Planner is authorized to apply standards for a use deemed as similar. In the instance where an equivalent
may not be clearly determined, the City Planner may require a parking study, transportation management plan, or
other evidence that will help determine the appropriate requirements.
50-7.2 Required Vehicular Off-Street Parking Spaces.
A. Required Parking Table. Table 7.2-1 outlines the maximum off-street parking spaces per use, unless otherwise
noted. Total required vehicular parking spaces should be determined using the following parameters in addition to
Table 7.2-1.
(1) Fractions. In determining the number of spaces required, any fraction of spaces required under 1/2 shall be
disregarded; a fraction equal to or greater than 1/2 shall be rounded up to count as one (1) space.
(2) Maximum Occupancy. Maximum occupancy of the usable areas is determined by the building official or their
designee.
(3) Exceeding the Maximum Parking Spaces Provided. Off-street parking may exceed the amounts in Table 7.2-1
by up to ten (10) percent except as follows.may not be provided in an amount greater than 110% of the minimum
parking requirement.
(a) Up to twenty-five (25) percent over the amounts in Table 7.2-1 permitted by-right when the property is located on a
City Connector Street Type or in the Community Commercial (CC) District.
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Table 7.2-1 Maximum Required Parking Table

Use Required Parking Spaces
Residential/Lodging
.75 spaces/1 guest room plus 1 space/employee on largest shift;
Hotel/Motel
CC District: 1 space/1 guest room plus 1 space/employee on largest shift
Bed & Breakfast 1 space/guest room, 1 space for innkeeper/home occupant
Dormitory 1 space/3 beds or per City Approved Institutional Campus Master Plan
Nursing Home/Assisted Living/
1 space/employee on largest shift, 1 space/facility vehicle, 1 space/5 beds
Rehabilitation Center/Adult Foster Care
1
Residential 1 space/dwelling unit; detached & attached units may 2 spaces/dwelling unit
Residential: Senior Housing .75 space/dwelling unit plus 1 space/employee on largest shift
Residential: Off-Campus Student
2 spaces/dwelling unit, minimum 1 space/dwelling unit
Housing/RM-15C
Rooming House 1 space/unit or bedroom
Transitional Residence 1 space/2 employees on largest shift
Assembly/Theatre 1 space/3 persons permitted at maximum occupancy
Assembly, Religious 1 space/6 seats in worship area or 1 space/40 square feet without seats
College and University Based on similar use or per City Approved Institutional Campus Master Plan
Hospital 1 space/3 beds or per City Approved Institutional Campus Master Plan
Library & Museum 1 space/3 persons permitted at maximum occupancy
Police & Fire Station/Utilities & Public
1 space/employee on largest shift, .75/space per fleet vehicle
Services
2 spaces/3 employees as at largest shift, plus 1 space/10 students enrolled in grades
School
10-12
1
For detached and attached dwelling units, up to 2 spaces per unit are permitted.
(b) Consideration of relief in the maximum overage allowances will take the following into account in addition to the
variance review criteria outlined by the State.
[1] Availability of on-street and shared parking opportunities within walking distance.
[2] Location in or adjacent to walkable, mixed use areas of Downtown and Node Districts.
[3] Impact on the ability of the property to meet the maximum impervious coverage requirements as detailed in 50-5.
[4] Existing funding from the state or other federal source tied to design standards with a minimum parking
requirement.
[5} Presence of the Natural Features Protection (NFP) Overlay, as detailed 50-6, on the property in question..
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Table 7.2-1 Maximum Required Parking Table (cont.)

Use Required Spaces
Commercial
Agriculture 1 space/employee on largest shift, 1 space/330 square feet of retail
1 space/employee on largest shift, in addition commercial facilities: 1 space/5 4
Day Care
children permitted at maximum occupancy
Eating & Drinking Establishments 1 space/5 4 persons at maximum occupancy, 1 space/2 employees at largest shift
Entertainment Sports (Participant) 1 space/5 persons at maximum occupancy, 1 space/2 employees at largest shift
Entertainment Sports (Spectator) 1 space/6 fixed seats or 1 space/40 square feet without seats
Retail/Services 1 space/330 square feet
Services - Medical Services/Offices 1 space/employee on largest shift; 1 space/patient at max. patient capacity
Kennels 1 space/employee on largest shift, 1 space/3 animals permitted at max. occupancy
Office 1 space/300 square feet
Outdoor Sales & Storage 1 space/employee at largest shift, 1 space/2,500 square feet outdoor sales area
Self Storage/Mini Storage 1 space/employee on largest shift, 1 space/75 storage units
1 space/200 square feet floor area; in addition vehicle repair 2 spaces/repair bay or
Vehicle Service
area
Vehicle Service: Car Wash 1 space/employee on largest shift
Industrial
Craftsman Industrial 1 space/employees on largest production shift, 1 space/500 square feet retail
Industrial 1 space/1 employee on largest shift (includes shift, office, and maintenance staff)
C. Vehicular Parking Design and Location. Vehicular parking facilities shall be provided using the following standards.
(1) Design, Vehicular parking shall be designed as follows:
(a) Space Dimension. Parking space design shall follow the dimensions in Table 7.2-3 Parking Space and Aisle
Dimensions and Figure 7.2-1 Parking Space and Drive Aisle Dimensions
(b) Wheel Stops, Wheel stops or bumper guards are required for spaces adjacent to property lines, landscape
buffers, and pedestrian pathways, internal to site or in public right-of-way.
(c) Tandem Spaces. Tandem spaces are permitted as follows:
[1] Two (2) spaces may be placed in tandem provided one (1) space is accessible by an aisle, driveway, or alley.
[2] Tandem spaces are permitted for use by residential units only and must be utilized by the occupants of the
same dwelling unit.
(d) Slope. All parking areas, driveways, and sidewalk access to parking areas shall meet the requirements of the
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American Disabilities Act.
(e) Materials. Parking areas may be designed with impervious or semi-pervious materials, such as concrete,
asphalt, macadam, brick, and stone.
[1] Gravel and crushed stone are permitted for parking lots for residential parking areas up to ten (10) spaces
and for all parks and open space uses. Additional application of these types of material may be permitted with
approval of the City Planner.
(f) Landscape Areas.
[1] Areas not used for sidewalks, parking spaces, drive aisles, loading, or refuse shall be constructed and
maintained as landscaped areas.
[2] The perimeter of a parking lot shall be treated with fencing and/or landscaping along all property lines
following Article 8 Landscape & Screening Appendix A 6.2 Landscaping and Open Spaces
(g) Lighting. Parking areas with fifty (50) or more spaces must be lit per Article 10 Lighting. per Appendix A 6.4
Lighting.
(h) Pedestrian Access. Parking lots with more than two (2) double-loaded aisles will provide internal pedestrian
access both through the lot, and if directly adjacent to right-of-way, from the adjacent right-of-way to the
Table 7.2-3 Parking Space & Aisle Dimensions

Angle of Parking Stall Dimensions Drive Aisle Stall
Width Depth
Curb Stall Stall One- Two-
Length Width Depth Way 1 Curb
Way Stall Length
0 Degrees (Parallel) 18’ 8’ 18’ 12’ 20’ Width
45 Degrees 12’ 8.5’ 18’ 12’ 20’
60 Degrees 10’ 8.5’ 18’ 18’ 20’ Drive Aisle
90 Degrees 8.5’ 8.5’ 18’ 20’ 20’
Width
1
One 26’ aisle width is permitted when designated as the site’s
Fire Lane through Site Plan Review.
Double Loaded Aisle
Figure 7.2-1 Parking Space and Drive Aisle Dimensions.
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structure(s) entrance.
[1] Dimension. The pedestrian access pathway shall be at least six (6) feet in width.
[2] Location. The pathway(s) shall be centrally located and lead directly to a building entrance.
[3] Buffer. The pathway shall be buffered from drive aisles with landscaping or designated parking stalls and
delineated with paint where it crosses drive aisles.
(2) Vehicular Parking Location. If located in a district with lot type standards, refer to these standards for parking lot
location. In addition the following a applies:
(a) Access. All spaces, unless otherwise noted, shall front an on a 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 must be kept in good repair and carry a current license and registration.
[3] A maximum of two (2) 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.
50-7.3 Required Minimum Bicycle Parking.
A. Required Bicycle Parking Table. Table 7.3-1 outlines the required minimum number of spaces for bicycle parking.
Total required bicycle parking spaces should be determined using the following parameters in addition to Table 7.3-1.
(1) Calculation. At least one (1) space is required. Beyond the first space, in determining the number of spaces
required, any fraction of spaces required under 1/2 shall be disregarded; a fraction greater than 1/2 shall be
rounded up to count as one (1) space.
(2) Public Bicycle Parking Spaces. Parking facilities within public spaces, such as street rights-of-way, can count
toward the requirement for non-residential uses. All facilities located within a public right-of-way, require review
and approval of an encroachment agreement with the City.
B. Bicycle Parking Design and Location. Bicycle parking facilities shall be provided using the following standards.
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(1) Design, Bicycle parking shall be designed as follows:
(a) Space Size. Each bicycle parking space must be at least six (6) feet long and two (2) feet wide with a five (5)
foot access aisle.
(b) Improved Surface. Bicycle parking must be located on an improved surface, such as asphalt.
(c) (b) Bicycle Racks. Bicycle racks must be designed as follows:
[1] Be a fixed-in-place stand that is securely anchored to the ground and/or wall.
[2] Provide at least two (2) points of contact to allow locking of frame and at least one (1) wheel.
[3] Be constructed of materials that resist cutting, rusting, bending, or deformation.
Table 7.3-1 Required Minimum Bicycle Parking Table

Use Required Spaces
Residential/Lodging
Bed & Breakfast/Hotel/Motel 1 space/7 employees
Dormitory 1 space/5 beds or per City Campus Master Plan
Nursing Home/Assisted Living/
1 space/7 employees
Rehabilitation Center/Adult Foster Care
Residential 1 space/5 dwelling units
Assembly/Theatre 1 space/50 persons permitted at maximum occupancy
Assembly, Religious 1 space/50 seats in worship area or 100 square feet without seats
College and University Based on similar use or per City Approved Campus Master Plan
Hospital 1 space/15 employees or per City Approved Campus Master Plan
Library & Museum 1 space/7 employees
Parks & Open Space 1 space/5,000 square feet of land area or per City Parks & Recreation Plan
School 2 spaces/classroom
Commercial & Industrial

Agriculture 1 space/5 employees or gardeners
Eating & Drinking Establishments &
1 space/15 persons permitted at maximum occupancy
Entertainment Sports (Participant)
Office/Employment Uses/Other 1 space/7 employees
Parking, Stand Alone Surface Lot or
1 space/15 parking spaces
Garage/Ramp
Retail/Services 1 space/7 employees
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(c) Lockers. Lockers must be designed as follows.
[1] Be a fixed-in-place stand that is securely anchored to the ground and/or wall.
[2] Be secured by means of a lockable door or configured internally to allow locking of the frame and at least
one (1) wheel.
(2) Location. Bicycle parking shall be located as follows:
(a) Visible Location. If not visible from the street or public entrance, a directional sign must be posted indicating
location. Adherence to the Manual On Uniform Traffic Control Devices for signage is recommended.
(b) Structured Parking. If more than fifty (50) percent of a site’s vehicular parking is in a covered area or structure,
the required spaces shall also be located in the covered area or structure or otherwise protected from the
weather.
50-7.4 Off-Street Loading Requirements.
A. Off-Street Loading. Construction of new buildings that are expected to have deliveries by vehicles rated as heavy
duty must provide off-street loading facilities as follows:
(1) Design. Each loading space shall be a minimum of ten (10 feet) in width, twenty-five (25) feet in length, and
fourteen (14) feet in height.
(2) Location. Loading areas shall be located as follows:
(a). All off-street loading areas. Regardless of truck type, loading areas shall not be located in the front build-to
zone and may not occupy any part of a required front or corner yard.
(b) Loading areas shall not be located closer than fifty (50) from a residentially zoned lot unless it is wholly
enclosed within the building or by walls.
(c) Loading areas must be separate from pedestrian facilities and pathways.
50- 7.5 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 (8) feet and twelve (12) feet.
(b) Double-lane Driveway. Double-lane driveways shall be between twenty (20) feet and twenty-four (24) feet,
unless the driveway serves the off-street loading area, where a larger driveway may be required based on site
plan review.
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(2) Double Track Driveways. Double-track, wheel strip, or ribbon driveways are permitted as follows:
(a) The first two (2) feet of the entire driveway width, measured from the property line, must paved or covered
with a permitted material.
(b) Wheel strip shall be at least eighteen (18) inches in width.
(c) Area between the wheel strips must be landscaped with living ground cover.
(3) Materials. Driveways may be designed with impervious or semi-pervious materials. such as concrete, asphalt,
macadam, brick, and stone.
(a) Gravel and crushed stone are permitted for residential driveways accessing parking areas up to ten (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 thirty (30) percent of the front yard
of a lot.
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Article 8. Landscape & Screening

50-8.1 Intent.
This Article specifies the landscape and screening requirement, including techniques for installation and maintenance,
Specifically, this Article will:
A. Promote public health, safety, and general welfare by reducing noise, air and visual pollution, air temperature, and
light glare.
B. Align with the Community Sustainability Plan goals, including increasing the City’s tree canopy coverage, reducing the
urban heat island effect, increase the use of green stormwater infrastructure, and achieving biodiversity goals.
C. Support the Nature Features Protection goals in the current Master Plan and align with 50-6.2, including the use of
plant species native to southern Michigan.
D. Improve the appearance and environmental impact of paved spaces, such as parking lots.
F. Align with the Street Design Manual and Chapter 42 Tree Ordinance to create a comfortable and safe pedestrian
network and increase the tree canopy.
50-8.2 Applicability.
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 non-conforming 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.
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The following general provisions for landscaping and screening apply.
A. Landscape Plan. A landscape plan, detailing the required landscaping and how it will be maintained, including
watering during initial installation and long-term care, will be required with Site Plan Review.
(1) Delay of Installation. City Planner or their designee may authorize a delay in installation of trees and vegetation due
to adverse weather until no later than the following June 30th.
(a) A bond or letter of credit or other guarantee of such installation may be required.
(b) A temporary certificate of occupancy may be issued by the Building Official or their designee until the landscaping
is complete.
B. Plant Materials. The following shall be considered when selecting plant materials:
(1) Maximum Percentage of A Single Species. Except for plantings used for screening, no one (1) species of tree or shrub
may make up more than thirty-three (33) percent of the total amount of landscape plantings.
(2) Plant Materials. The use of vegetation native to southern Michigan and the use of a mixture of vegetation from the
same species association is encouraged and the following shall apply:
(a) All required plant material shall be hardy to the area, free of disease and insect infestation, and conform to the
American Standard for Nursery Stock of the American Association of Nurserymen.
(b) A minimum of fifty (50) percent of plant material used to meet the landscape and screening requirements of this
Article shall be natives or nativars.
(3) Prohibited Plant Materials. Plantings listed in Table 6.2-6 Prohibited Plant List .are not to be utilized in any landscape
or screening area required by this Article.
(4) Plant Material Spacing. Plant materials shall be spaced to support plant health. Specifically, the following applies:
(a) Plants shall be spaced not less than seventy-five (75) percent of their mature size.
(b) Naturalized planting layouts are permitted and when used are the exception to 50-8.3B(4)(a).
(c) Refer to Chapter 42 Tree Ordinance for spacing of right-of-way plantings.
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C. Planting Locations. Trees and vegetation shall be installed considering the following on both private and public
property:
(1) Sight Visibility. In order to support sight visibility for motorists and clearance for pedestrians, cyclists, and vehicles,
plantings within the clear view zone may not be taller than three (3) feet at maturity. Refer to Figure 8.3-1 Clear View
Zone.
(2) Around Hydrants. Landscaping planted within a ten (10) foot radius around a fire hydrant shall be no taller than six
(6) inches at maturity.
(3) Proximity to Property Line. Trees and large shrubs shall not be placed closer than three (3) feet from the fence line
or property line unless otherwise noted in 50-8.4 Required Landscaping. In no case shall trees and shrubs impede
access on an adjacent sidewalk.
(4) Right-of-Way Landscaping. All planting and removal of trees in the City’s right-of-way shall be in accordance with
Chapter 42 Tree Ordinance and may require approval of the City’s Tree Committee.
E. Protection of Trees During Construction. The following shall be considered during construction:
(1) Construction Fencing. The Critical Root Zone (CRZ) of Protected Trees shall be protected following the standards of
50-6.2J(8) Protection During Construction.
(2) Preservation of Existing Trees During Construction. The preservation of quality, mature trees can earn credits toward
Right-of-Way Line
Table 8.3-4 Tree Preservation

Credits
Preserved Trees Number of Trees
(Caliper Inches at DBH) Credited Clear
Clear View Zone View
12” or more 3
Zone
8” to 11.9” 2
15’ 10’
2 1/2” to 7.9” 1
Front Property Line
15’ 10’
Right-of-Way Line
Figure 8.3-1 Clear View Zone.
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the required landscaping requirements for a site. Refer to Table 8.3-4 Tree Preservation Credits
(a) Properties located in the Natural Features Protection Overlay Zone are not eligible for this credit.
(b) Preservation credits can be earned when the following criteria are met:
[1} Trees shall be in healthy and good condition.
[2] Trees shall be at least two and half (2 1/2) inches at DBH (refer to 50-1.3K).
[3] Trees to be preserved are not listed in the Midwest Invasive Species Information Network (MISIN)
(c) Trees to be preserved shall be noted on the Site Plan, including protection method during construction, species,
size, health, and proposed credits.
(d) Credit for preserved trees shall be applied to the landscaping requirements in the amounts detailed in Table 8.3-4
Tree Preservation Credits.
(e) If a preserved tree for which credit is given is lost to damage or disease within two (2) years of the final certificate of
occupancy, the property owner is required to plant trees equal to the credit received.
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 (1) year of planting.
50-8.4 Required Landscaping
A. Incorporating Existing Vegetation and Trees. Existing tree and vegetation in good condition and located in a required
setbacks 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 and a duplex units, a minimum of one (1) tree shall be installed.
(2) For all other uses, trees shall be installed as follows:
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(a) Up to One Acre. A minimum of one (1) tree shall be installed for sites up to one (1) 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 & Loading Perimeter Landscaping. Refer to Figure 8.4-1 Parking & Loading Area Required Landscaping All
surface parking, both stand alone and on-site with a building, shall be screened from view of public and private streets;
pedestrian-only passages and spaces; bicycle facilities; and trails and Residential Districts as follows:
(1) Directly adjoining or facing a public and private street; pedestrian-only passages and spaces; bicycle facilities; and
trail, the following is required:
(a) Landscape area shall be a minimum of five (5) feet in width.
(b) Fencing. Fencing up to forty-two (42) inches in height is required in the landscape buffer and shall be located
adjacent to the parking area, with the required trees, shrubs, and other landscaping adjacent to the street;
pedestrian-only passages and spaces; bicycle facilities; and trail. Refer 50-8.5 Fences, Walls, and Screening for more
info on fences.
(c) Tree Requirement. One (1) tree is required for at least every thirty-five (35) feet of frontage and shall be installed at
a consistent spacing at a distance that supports the selected species tree health.
(d) Shrub Requirement. At least one (1) shrub is required for every six (6) feet of frontage.
(2) Additional Options for Set Back Parking & Loading Areas. When a parking area is set back more than ten (10) feet
from a public and private street; pedestrian-only passages and spaces; bicycle facilities; or trail, a berm or an opaque
fence are also permitted options.
(3) Directly adjoining or facing a Residential Zoning District. Landscaping and screening is required to provide at least
seventy-five (75) percent opacity one (1) year after installation. This area may include all of the screening options
(fencing, opaque walls, berms, trees, and other vegetation) noted in this section (50-8.4E).
D. Interior Parking Lot Landscaping. Parking areas having more than thirty (30) parking spaces shall include interior lot
landscaping as follows. Refer to Figure 8.4-2.
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(1) Minimum Area. A minimum of five (5) percent of the entire parking lot area shall be provided as a landscaped area.
(2) Ground Cover. Landscaping of interior islands cannot include stone mulch; planting materials and bark mulch are
permitted.
(3) Trees. One (1) tree shall be provided for each three hundred (300) square feet of internal landscaped area. Trees are
required to be planted in any of the following methods:
(a) Open soil landscape islands.
[1] Minimum area of two hundred fifty (250) square feet.
[2] Minimum of seven (7) feet wide.
(b) Covered soil landscape areas specially designed to accommodate tree root growth are permitted with engineered
design methods including structural soil, sidewalk support, and soil cells.
[1] Minimum tree opening of three (3) feet by three (3) feet is required.
[2] Minimum soil volume shall be as follows.
[a] Small trees: 600 cubic feet.
[b] Medium trees: 1,000 cubic feet.
[c] Large trees: 1,500 cubic feet.
(c) Open soil and covered soil planting hybrids connected to green space with root paths.
[1] Minimum soil volume shall be as follows.
[a] Small trees: 600 cubic feet.
[b] Medium trees: 1,000 cubic feet.
[c] Large trees: 1,500 cubic feet.
[2] Green space area shall be included in soil volume calculations.
[3] Root paths may be used to connect to other covered soil landscape areas.
(3) Maximize Shade. If three (3) or more trees are to be planted in a parking area, they should be dispersed to maximize
the shade created from their canopy at maturity.
(4) Curbs. Landscaped areas shall be curbed unless also being used for stormwater management.
.
E. Side and Rear Yard Landscape Screening. Landscape screening between uses is required in the side and rear yards as
follows.
(1) Location. Side and rear landscape screening shall be located as follows:
(a) When located adjacent to residential uses, open space, park, or preserve, the following shall provide a landscape
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screen on their property:
{1} Non-residential driveway and drive-through facility.
[2] Commercial and Mixed use.
[3] Civic and Institutional use.
[4] Industrial use.
[5] Residential buildings with more than eight (8) units.
[6] Parking area (stand-alone lot or on a property with a building).
(b) Manufacturing uses will provide a landscape screen when adjacent any other non-manufacturing use.
(2) Screening Requirements.
(a) Width. The side and rear landscape screen shall be ten (10) feet in width, measured from the shared property line,
with the following exceptions:
[1] Twenty (20) feet is required for manufacturing uses adjacent to any residential, park, open space, or preserve.
[2] Fifteen (15) feet is required for manufacturing uses adjacent to all other use.
(b) Existing Vegetation. The preservation of existing, high quality trees and vegetation is strongly encouraged and may
be considered as a screening option or incorporated into proposed landscape screening to meet the requirements.
(c) Screening Options. Trees, opaque walls, berms, and fences can be used to create the screen in an amount of
seventy-five (75) percent opacity by one (1) year after installation as follows:
[1] A row of six (6) foot tall evergreen trees planted parallel to the property line at a spacing of no more than six (6)
feet apart.
[2] Opaque wall, berm, or fence with a height of six (6) feet.
(3) Exceptions. In the Live Work 1 (LW1), Live Work 2 (LW2), Neighborhood Node, and Community Commercial 2 (CC2)
and Downtown (D) Districts, the side yard landscape buffers are not required between residential uses and commercial,
mixed use, civic, and institutional uses.
50-8.5 Fences, Walls, & 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.
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(b) Fences shall be installed with the finished side (i.e. the side with fewer or no visible structural framing or bracing
elements) faces 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
seventy-five (75) percent.
(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 wall constructed of debris, junk, or waste materials shall not be installed unless such materials have
been recycled and reprocessed to resembling new building materials.
(d) Barbed wire and razor wire on fencing shall comply with Chapter 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 (4) feet.
(2) In a corner side yard, the maximum permitted height is four (4) feet when the fence is located in the build-to zone or
within the required setback and within twenty (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 (7) 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 Non-residential Uses. Fences and walls installed on non-residentially used properties
shall adhere to the following requirement:
(1) Height. Fence height is as follows.
(a) In front and corner side yards up to six (6) feet is permitted.
(b) In side and rear yards. up to eight (8) feet is permitted.
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(2) Clear View Zone. Fences or walls in the front and corner side yards over four (4) feet in height and with opacity of
more than seventy-five (75) percent.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. Screening of mechanical equipment and waste
receptacles from view of adjacent rights-of-way and uses is required as follows. Refer to Figures 8.5-1 Screening of
Mechanical Equipment and 8.5-2 Screening of Waste Receptacles.
(1) When a property has three (3) or more street facing yards, the City Planner can determine which may be appropriate
for placement of mechanicals or receptacles.
(2) All roof mounted or ground mounted mechanical equipment shall be screened from view as follows.
(a) Roof Mounted Equipment. Screening shall consist of an opaque screening or parapet wall.
(b) Ground Mounted Equipment. Ground mounted equipment for residential uses over twelve (12) units and
nonresidential uses shall be located and screened as follows:
[1] Ground mounted equipment is not permitted in front and corner side yards.
[2] Screening shall consist of fencing, walls, and/or vegetation to create a complete opaque screen,
Figure 8.5-1 Screening of Mechanical Equipment
Figure 8.5-2 Screening of Waste Receptacles
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(3) All waste receptacles larger than two (2) cubic yards, and all waste receptacles for nonresidential uses shall be
located and screened as follows.
(a) Waste receptacles are not permitted in front and corner side yards.
(b) Screening enclosures shall consist of a fence or wall six (6) to eight (8) feet in height to create a complete opaque
screen,
(c) Screening enclosure shall have an opaque gate and wheel stops when located in a parking area.
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Article 9. Signs
50-9.1 Intent.
This Article seeks to establish a comprehensive set of sign regulations that promote effective communication. Specifically,
this Article will:
A. Support the businesses, organizations, and industry of Kalamazoo through reasonable, orderly, and effective display of
signage.
B. Preserve the aesthetic appearance of public spaces by assuring compatibility between scale, building form, and land
use.
C. Preserve, protect, and promote public safety.
D. Establish regulations that take land use, Street Type, and context into consideration.
50-9.2 Applicability.
The regulations in this Article apply to signage throughout the City as follows.
A. Installation of a new sign, including an increase in the sign face or overall size of an existing sign.
B. Alteration of an existing sign’s structure.

A. Permits Required. A permit is required as follows.
(1) Sign Permit. Except as exempted by this Article, a permit is required for the installation or alteration of a
sign.
(2) Temporary Encroachment Permit. A temporary encroachment permit is required for those signs that may be in or
projecting over the public right-of-way or other public property. This permit is obtained from and approved by the
Right-of-Way Coordinator in Public Services.
B. Signs must conform to the standards set forth at Chapter 9 “Buildings and Building Regulations”, Article II “Building
Code, Division 3 “Signs” of the Kalamazoo City Code of Ordinances.
C. Sign Location. Unless otherwise specified in this Article, all signs shall be located within the boundaries of a lot or
parcel and are not permitted in the right-of-way or other public property, except as permitted by this Article.
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D. Calculation of Sign Size. Refer to Figures 9.1-1 to 9.1-3.
(1) Sign Face Area. The area of a sign is determined by drawing a rectangle or square around all letters, logos, or other
characters. The sign face area excludes the sign structure. Refer to Figure 9.1-1.
(a) Signs with Two Faces. The area of one sign face is used to calculate overall sign size. If the faces are not the same
size, the larger area is used.
(b) Signs with Three or More Faces. The area of all sign faces is used to calculate overall sign size.
(2) Height. Height of freestanding signs is measured from the average grade at the sign base to the top of the sign
support structure or the highest projecting element of the sign, whichever is higher. Refer to Figure 9.1-2.
(3) Lot & Building Frontage. Refer to Figure 9.1-3.
(a) Lot frontage width is measured along the front property line between side or corner side property lines.
(b) Building frontage width is measured along the front and corner side facing facades.
Grocery Store
Rear Property Line
Grocery Store
Side Property Line
Figure 9.1-1 Calculating Sign Face Area.
Sign
Building
Frontage
Height
Height
Sign Front Property Line

Lot Frontage
Base
Figure 9.1-2 Calculating Sign Height. Figure 9.1-3 Calculating Lot and Building Frontage.
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D. Exempt Signs. Exempt Signs are regulated as follows:
(1) Exempt Signs are signs that are:
(a) Permitted in all districts.
(b) Do not require a sign permit.
(c) Not counted in the calculation of the total sign allowance.
(2) Exempt Signs include the following types of signs.
(a) Name plates, street numbers, street name. Unless otherwise required in the City of Kalamazoo Fire Code, these
may not exceed two (2) square feet in area.
(b) Hours of Operation not exceeding two (2) square feet in area.
(c) Signs on facades not fronting a public right-of-way, such as those on a rear entrance that do not exceed four (4)
square feet in area.
(d) Signs not legible beyond the property line that do not exceed two (2) square feet in area and are for the
information of employees, staff, residents, or visitors to the property.
(e) Signs directing vehicles entering and exiting off-street driveways, drive-through lanes, and off-street parking
provided the following:
[1] One (1) per parking area, driveway, and/or drive-through allowed.
[2] Signs may be no larger than six (6) square feet.
[3] Signs may be no taller than four (4) feet in height.
[4] Setback a minimum of two (2) feet from property lines.
[5] May be internally or externally illuminated.
(f) Historical markers, memorial signs or tablets including name of building and date of construction.
(g) Neighborhood identification signs, including a for neighborhood center or corridor, when located on public
property or right-of-way. A Temporary Right-of-Way Encroachment agreement is required.
(h) A single sign for a home occupation (refer to 50-4.5C(5)) that does not exceed one (1) square foot and is not
internally illuminated.
(i) Class A Temporary Signs, refer to 50-9.4A.
E. Illumination. The following illumination standards apply to both on-premise and off-premise signs. Refer to Article 10
Lighting for additional standards.
(1) Signs may be illuminated internally or externally.
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(2) Externally Illuminated Signs.
(a) Downward Directed Lights. External lighting shall be positioned downward and directed at the sign face.
(b) Shielded Lights. External lighting shall be shielded from any adjacent Residential Zoning Districts, public rights-of-
way, and park/open space/preserves.
(c) Blinking or Flashing Lights. On-premise signs displaying blinking or flashing lights are only permitted within the
Downtown Districts D1 and D2 and Community Commercial (CC) Districts.
[1] In D1 and D2 Districts blinking or flashing light strips around display windows and entrances are not permitted.
[2] No light shall blink, flash, or change its intensity or color more often than one (1) time every ten (10) seconds.
(3) Prohibited Types of Illumination. The following types of illumination are prohibited:
(a) Beacon and Strobe Lights.
(b) Colored Lights. No colored lights that could be confused with or construed as traffic-control devices are permitted.
(c) Traffic Hazard. No lighting shall create a hazard to those traveling in the public rights-of-way.
F. Changeable Copy Signs. Changeable copy signs include both those with a message changed manually or
automatically, the latter being defined as Electronic Message Displays (EMD).
(1) Size. Changeable copy signs are permitted as follows:
(a) Up to twenty-five (25) percent of a wall sign face.
(b) Up to fifty (50) percent of a freestanding sign face.
(c) Up to seventy-five (75) percent of a marquee sign face.
(2) Electronic Message Displays (EMD). EMD signs have messages or images that dissolve, fade, flash, or scroll.
(a) A displayed message may not change more often than every ten (10) seconds.
(b) Permitted transition between images or messages include fading in and out of content and horizontal scrolling.
Any other type of scrolling, transition, or movement of images or text is prohibited.
G. Nonconformance. A sign that does not conform to the standards in this Article is considered a nonconforming site
characteristic. Refer to 50-1.4 Nonconformances.
H. Maintenance, Repair, & Removal. Any sign found to be unsafe, insecure, or a danger to the public health, safety, and
welfare or has been constructed, erected, or maintained in violation of the provisions of this Article will be considered in
violation. The owner will be required to make the sign safe, secure, and otherwise brought into compliance with this and
other applicable codes. Refer to Chapter 9 “Buildings and Building Regulations”, Article II “Building Code, Division 3 “Signs”
of the Kalamazoo City Code of Ordinances.
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I. IC and PUD District Signs. An Institutional Campus Master Plan or PUD Plan may permit an increase in the sign
allowance for the number of signs; the total sign area; and the height of any sign by up to twenty-five (25) percent of the
standards in this Article.
J. Compliance with Applicable State Statutes. Public Act 106 of 172, being the Highway Advertising Act and Public Act 342
of 2010 regulating signs advertising sexually oriented businesses are adopted by reference and nonconformance with
their provisions is a violation of this Ordinance, and subject to enforcement under this Chapter.
50-9.4 Temporary signs.

A sign constructed of paper, cloth, canvas, plastic, cardboard, wall board, plywood or other like material without a
permanent foundation or otherwise permanently attached to the ground that appears to be intended or would be
determined by a reasonable person to be displayed for a limited time. Temporary signs are defined and subject to the
following:
A. Class A Temporary Signs. Class A Temporary Signs, a type of exempt sign, are allowed without a permit as follows:
(1) Maximum Size Per Lot. The total sign area of all temporary signs on any one site shall not exceed thirty-six (36)
square feet.
(2) Maximum Size Per Sign. The maximum size of individual temporary signs shall not exceed six (6) square feet in area.
(3) Maximum Height. Temporary signs shall not be taller than forty-two (42) inches in height.
(4) Illumination. Temporary signs shall not be illuminated, except as provided 50-9.4E.
(5) Exceptions. The following are exceptions to the temporary sign standards:
(a) Temporary signs for buildings under construction shall be a maximum size of ten (10) percent of the area of the
ground floor front façade and not more than ten (10) feet in height.
(b) One (1) temporary sign located on vacant land that is for sale or for lease, when the parcel exceeds two (2) acres in
area, shall be a maximum size thirty-two (32) square feet and not more than ten (10) feet in height.
B. Class B Temporary Signs. Class B Temporary Signs are intended to be displayed for a maximum period of up to forty-
two (42) consecutive days divided into no more than three (3) two-week periods within a 12-month cycle.
(1) Permit. A sign permit is required.
(2) Use. Class B Temporary Signs are not permitted for residential uses, except residential multiple family.
(3) Maximum Sign Area. A maximum of one hundred (100) square feet of signage can be permitted, with no one (1) sign
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being larger than thirty-two (32) square feet.
(4) Plans. A plan is required with the permit application that shows the following:
(a) Site Layout. Plans must at a minimum show building, driveway, fire lanes, parking locations, and above ground
utility line locations.
(b) Sign Quantity and Area. Number, size, and location of proposed signs, illumination, including banners, flags, cold
air balloon, helium balloons, and other forms of signage.
(5) Additional Requirements. Class B temporary signs must adhere to the following:
(a) Not permitted. The following are not permitted with Class B temporary signs:
[1] Flashing, colored, flaring, and fluttering lights.
[2] Signs held or supported by a human or animal.
(b) Cold Air and Helium Inflated Balloons. Balloons shall adhere to the following:
[1] Height. Up to forty (40) feet in height may be permitted.
[2] Placement. Balloons will be setback from all property lines a distance that is equal to the height of the balloon.
[3] Illumination. Internal or external illumination is permitted, refer to 50-9.4E.
(c) Placement. Sign placement shall not interfere with utility lines and traffic circulation.
50-9.5 On-Premises Signs.

The following are the permitted sign types for on-premise signs. These signs count toward a lot or building’s overall
sign allowance, unless otherwise noted. Refer to Table 9.5-1 Sign Types & Allowance by Zoning District for the type, size
allowances, and placement of signage permitted by Zoning District.
A. Freestanding. A sign not attached to a building with its base in the ground; the base can be a single or double pole or a
wide, monument-style base. Refer to Figure 9.5-1 Freestanding Sign.
Sign
Sign Text Sign

Sign
EMD
Base
Figure 9.5-1 Freestanding Sign examples.
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(1) Rotation. Freestanding signs that rotate may revolve up to six (6) times a minute.
(2) Freeway Signs. A type of freestanding sign. A freeway sign’s message is directed toward vehicle traffic on a freeway
or interstate.
B. Wall Sign. A sign that is mounted directly and is parallel to a building façade. Refer to Figure 9.5-2 Wall Sign.
(1) Wall signs may not project more than twelve (12) inches from the building façade.
(2) Other types of Wall Signs.
(a) A light projection of a sign onto a building façade is a wall sign. Light projection over a public right-of-way requires
a temporary encroachment permit.
(b) A sign painted onto a building’s surface is a wall sign.
C. Projecting Sign. A sign that is attached to and projects more than twelve (12) inches from a building façade or structure.
Refer to Figure 5.9-3.
(1) Maximum Projection. Maximum projection is five (5) feet from the building façade.
(2) Minimum Clearance. Minimum clearance between the lowest part of the sign and the ground is eight (8) feet.
Wall Sign
Max 5’
projection
S
I
Wall Sign G
N
min. 8’
clearance
Figure 9.5-2 Wall Sign. Figure 9.5-3 Projecting Sign.
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D. Marquee Sign. A type of projecting sign that includes manual changeable copy or electronic Message Display
component. Refer to Figure 5.9-4.
(1) Maximum Projection. The projection standards of Marquee Signs are as follows:
(a) Maximum projection over a public right-of-way is up to twelve (12) inches from the back of the adjacent street’s
curb.
(b) Maximum projection of up to six (6) feet is permitted where the sign does not project over a public right-of-way.
(3) Ledge Sign. A Marquee Sign may be combined with a Ledge Sign.
E. Canopy and Awning Sign. Signs attached, printed, or otherwise applied directly onto an awning or canopy. Refer to
Figure 5.9-5.
(1) Maximum Projection. Maximum project is six (6) feet from the building façade.
Max. 18”
projection
SIGN Max 6’
projection
SIGN
Canopy/Awning Sign
min. 6’
clear
min. 8’
min. 8’ pedestrian
clearance
clearance pathway
Figure 9.5-4 Marquee Sign. Figure 9.5-5 Canopy & Awning Sign.
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(3) Ground Floor. Awnings over the public right-of-way may have supports affixed to the ground provided that there is at
least six (6) feet of a clear pedestrian pathway measured from the front of the building façade.
(4) Upper Floor. Awnings on upper floors must be sized and affixed to the window opening it is covering.
F. Ledge Sign. A sign with individual channel letters, numbers, or symbols that stand atop a horizontal projection, such as
Ledge, Canopy, Marquee, or other architectural projection. Refer to Figure 5.9-6. Maximum projection for a ledge sign is
eighteen (18) inches from the architectural projection.
G. Window Signs. A sign that is posted, painted, or otherwise affixed in or on a window. Refer to Figure 5.9-7.
(1) Districts Permitted. Permitted in all Zoning Districts.
(2) Overall Allowance. Window signs do not count against the overall sign allowance for the lot or building.
(3) Location. Window signs are permitted on the ground floor and the 2nd and 3rd floor windows.
(4) Sign Area. Window sign area is permitted as follows. Refer to Figure 9.1-1 Calculating Sign Face Area.
(a) Ground Floor. Window signs may cover up to twenty-five (25) percent of ground floor windows.
(b) Upper Floor. Window signs may cover up to thirty (30) percent of an upper floor window.
Max 18” Sign

projection
SIGN
SIGN
SIGN
Figure 9.5-7 Window Sign.

Figure 9.5-6 Ledge Sign.
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(3) Upper Floor Window Signs. Each business exclusively located on an upper floor is permitted one (1) window sign
per street facing facade.
(4) Permits. A sign permit is not required.
H. Sandwich Board Sign. A moveable sign that is not secured or attached to the ground or building, often in an A-frame
shape or a chalk board, intended to be placed in a sidewalk or pedestrian way. Refer to Figure 5.9-8.
(1) Districts Permitted. Permitted in all Zoning Districts.
(2) Placement.
(a) Must be located directly in front of the building containing the use associated with the sign.
(b) Must be located to preserve at least five (5) feet of a clear pedestrian pathway measured from the front of the
building façade toward to back of curb or edge of walkway.
(3) Size. Maximum size is eight (8) square feet.
(4) Overall Sign Allowance. Sandwich board signs do not count against a lot or building’s overall sign allowance.
(5) Display. Signs shall only be displayed during business hours of the use it is representing.
(6) Permits. A sign permit is not required.
min. 5’ clear
pedestrian
pathway
Figure 9.5-8 Sandwich Board SIgn.
Page 437 of 885

Chapter 50 Zoning
Table 9.5-1 Sign Types & Allowance by Zoning District

Districts Sign Type # of Signs Sign Area Setback Max. Height Add’l Requirements
6’; up to 8’ on
1/lot In R and PUD Districts signs are
Freestanding Up to 36 sqft 5’ City Connector
frontage not permitted for an individual
R, PUD, & Streets
structures containing less than
IC Wall, Canopy
five (5) dwelling units or a cluster
Districts & Awning,
Up to 24 sqft of four (4) buildings containing 1
Projecting,
to 4 units.
Ledge
Not
permitted 1 sqft/1’ lot frontage,

Freestanding 2’ 12’
in D1; 1/lot up to 75 square feet
in D2-D3
Wall, Canopy 2 sqft/1’ building
D1, D2,
& Awning, frontage per user max.;
& D3 Max sign size is 200 sqft
Projecting, Buildings 5 stories &
Districts
Ledge taller are permitted
additional signage in
an amount equal to 5%
Marquee 1/building
of the total area of the
bldg frontages
1/lot
frontage;
1 sqft/ 1’ lot frontage, Freeway Sign. Permitted in M
2nd
up to 200 sqft feet max & BTR Districts & CC with a
permitted 18’; 25’ in CC; 10’
Freestanding for CC, M, BTR Districts 2’ special use permit; 1 freeway
All C, with lot in N’hood Node
& up to 100 sqft max sign allowed on lots within 200’
LW1, LW2, frontage
for LW, Node & CC2 of highway ROW; Max sign area:
Nodes, greater
150 sqft; Max height: 80’; Setback:
M1, M2, than 300’
10’; Must be oriented to highway
BTR Wall, Canopy 1 sqft/1’ bldg frontage
vehicle traffic
& Awning, per user; up to 150 sq
Projecting, ft for CC, M, & BTR: 2
Ledge sqft/1’ bldg frontage
Marquee 1/building per use up to 200 sqft
144
Chapter 50 Zoning
I. Mural. A design or representation that is painted, drawn, or applied directly to a building facade or is produced off-site
and affixed to a building façade and is intended as a piece of expressive public art. The following standards apply:
(1) Districts Permitted. Murals are permitted in all Zoning Districts.
(2) Size of Murals. Maximum mural size is 1,000 square feet, except in Nodes, D1, D2, D3, M1, and M2 Districts where
there is not a maximum size.
(3) Murals Produced Off-Site and Affixed to a Building.
(a) Windows, doors, or other architectural features of the building façade cannot be obstructed by the mural.
(b) A sign permit is required when the mural is larger than 200 square feet.
(4) Overall Sign Allowance. Murals do not count against a lot or building’s overall sign allowance.
(5) Permission of Owner. Permission of the building owner is required.
50-9.6 Off-Premises Signs.

The following regulates off-premises signs in Kalamazoo. Refer to Table 9.6-1.
A. City-Wide Limitation on the Number of Off-Premises Sign Structures. No new off-premises sign structure shall be
erected when there are 99 or more off-premises sign structures in the City.
(1) This limitation is based on the number of potential sign locations and the existing number of conforming sign
structures as of the date of the original enactment of this section, September 21, 1987.
(2) As of INSERT DATE OF ORD APPROVAL, there are more than ninety-nine (99) off-premises sign structures in the City,
no new off-premises signs may be erected.
(3) All replacements of existing off-premises signs shall comply with all applicable provisions of this Article.
B. Off-Premises Signs by District. Refer to Table 9.6-1 Off-Premises Signs by Zoning District for the Off-Premises Sign
standards.
(1) Downtown. Off-premises signs that comply with the standards in 50-9.6A shall be permitted in the Downtown
District.
(2) Local Historic Districts. Off-premises signs shall not be permitted in established and designated local and federal
historic districts and buildings.
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Chapter 50 Zoning
C. Intersections. Off-premises signs shall not be permitted within a one-hundred (100) foot radius of public street
intersections as measured from the center point of the intersection of each street to the closest edge of the sign. A
distance of five hundred (500) feet shall be maintained between all signs at an intersection.
D. Setback Requirements. Off-premises signs shall comply with the setback standards in the Zoning Districts in which
they are allowed.
E. Placement Requirements. Off-premises signs may be located as follows.
(1) Buildings. Off-premises signs shall not be located on the roofs of buildings or be attached to or painted on the walls
of buildings.
(2) No Stacking. Off-premises signs shall not be stacked on top of each other.
Table 9.6-1 Off-Premise Sign Types & Allowance by District

Districts Max. Area Min. Distance Btwn Double-Faced Side by Side Signs Max.
Signs1 Signs Height
1,000’ when on same side
CC District 300 sqft of the street; 500’ when on Permitted Not Permitted 30’
opposite sides of the street
1,000’ when on same side Permitted along I-94 (not BL-

380 sqft; 672
M1 District of the street; 500’ when on Permitted 94); Max size per sign face is 35’
if along I-94
opposite sides of the street 300 sqft
Permitted, but only when
1,000’ when on same side located on the opposite side
M2 District 672 of the street; 500’ when on Permitted and parallel to a single 672 40’
opposite sides of the street sqft sign face; Max size per sign
face is 300 sqft
1 Distance shall be measured from the closest edge of each off-premises sign.
146
Chapter 50 Zoning
F. Radius Requirements. Off-premises signs shall not be permitted within a three-hundred foot radius of residential
districts, cemeteries, and dedicated parks.
G. Sign Protrusions. No part of the advertising copy for a sign shall protrude beyond the sign frame.
50-9.7 Internally Illuminated Automatic Changeable Copy Signs.

The following regulations governing internally illuminated automatic changeable copy off-premises signs within the City.
A. Permitted Off-Premises Signs. To achieve and further these purposes, any internally illuminated, automatic changeable
copy signs, such as, but not limited to, signs using LED technology, are permitted as a lawful conforming off-premises
sign in compliance with the following requirements:
(1) Location. Such signs shall only be located in D1, D2, D3, CC, M-1, and M-2 zoning districts when the following are
met.
(a) Located on sites where an off-premises sign that is two-hundred (200) square feet or more existed as of July 1,
2013, that is adjacent to state or federally controlled roads.
(b) More than three hundred (300) feet away from a residential zoning district, except on West Main Street from
Northampton Road west to the City limits, if more than 100 feet away from a preexisting residential use.
(c) Whose sign face area does not exceed that of the static sign face or faces being replaced; and is not less than
2,500 feet from another off-premises internally illuminated automatic changeable copy sign.
(2) Sign Support Structure Elimination Credits.
(a) The erection of, installation of, or upgrade of a static display or manual changeable copy sign to an off-premises
internally illuminated automatic changeable copy sign shall require the elimination of existing nonconforming off-
premises signs within the City. The installation, erection, or upgrade of any existing sign to an internally illuminated
automatic changeable copy sign shall require the sign owner to secure six (6) sign support structure elimination
credits.
(b) The elimination of an off-premises sign support structure in all Zoning Districts except CC, M1, and M2 Districts
shall count for two credits; elimination of an off-premises sign support structure in Cc, M1, and M2 shall count as one
(1) credit.
(c) Only whole numbers shall be applied to credits used to erect, install or upgrade an off-premises automatic
changeable copy sign, and any credits more than the amount required to qualify for the erection of, installation of,
or upgrade of a static display or manual changeable copy sign to an off-premises internally illuminated automatic
147
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AUG UST 441 of 885
Chapter 50 Zoning
changeable copy sign shall not be available for future use.
(d) In order to qualify for an elimination credit, the off-premises sign support structure shall be completely removed
and the property site returned to as good or better condition as existed before the sign support structure was
installed.
C. General Requirements. Except as otherwise provided in this section, the requirements set forth in § 7.4 are applicable to
internally illuminated off-premises signs.
(1) Sign face images shall not change more often than once every 10 seconds. As used in this section, change shall
preclude any method of message transition, involving the use of animation, dissolving, or fading, flashing techniques. In
the event of a mechanical failure, the sign image shall default to a static display.
(2) Sign faces permitted by this subsection may be placed back to back, but shall not be placed side by side or
stacked.
(3) The luminance of an internally illuminated off-premises automatic changeable copy sign shall utilize dimming
capabilities so that the maximum luminescence of the sign shall not exceed 0.2 footcandles over ambient light
conditions when measured at a height of five feet facing the sign face at a distance of two-hundred (200) feet.
(4) Signs permitted by this subsection shall not be equipped to transmit sound or other forms of broadcast signals.
D. After July 1, 2013, no more than eight (8) additional internally illuminated off-premises automatic changeable copy sign
structures shall be permitted in the City.
50-9.8 Illumination of Off-Premises Signs.

Illumination of Off-Premise signs will occur as follows:
A. External Lighting Directed Inward and Shielded from Adjacent Residential Districts and Rights-of-Way. Any
external lighting intended for the illumination of the face of a sign shall be directed inward and shielded from any
adjacent residential districts and public right-of-way, and shall not adversely affect driver visibility or adjacent public
thoroughfares. No external light source intended to illuminate the face of a sign shall be directly visible from any adjacent
property located within a residential zone district and public right-of way.
B. No Beacon or Strobe Lights. Beacon lights and strobe lights are not permitted.
C. Colored Lights. No colored lights shall be used at any location or in any manner so as to be confused with or construed
as traffic-control devices.
148
Chapter 50 Zoning
D. No Traffic Hazard. Neither the direct nor reflected light from light sources shall create a traffic hazard to operators of
motor vehicles on public rights-of-way.
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AUG UST 443 of 885
Chapter 50 Zoning
Article 10. Lighting

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 up to four (4) 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 twenty (20) feet high whether mounted on poles or building walls or by other
means.
(b) Illumination of 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 (4) feet in height.
(c) Lighting height above twenty (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 sixty (60) watts or one hundred (100) lumens shall use full cut-off lenses or
150
Chapter 50 Zoning
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. Sixty (60) watts for five (5) or fewer parking spaces. One hundred (100) watts for six (6) or more spaces.
b) Nonresidential. Two hundred fifty (250) watts for five (5) or fewer parking spaces. Four hundred (400) watts for six
(6) 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 one hundred (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.
(87) 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 residential zone district.
(b) 10:1 in non residential 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.
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AUG UST 445 of 885
Proposed Zoning Current Zoning
CC CBTR
CC2 CC
Commercial Node CCBD
D3 CMU
City of Kalamazoo,
LW1 CN-1
8/18/2023
LW2 CO
M1 IC
M2 D-1
Neighborhood Node D-2
RD19 D-3
RM15 LW-1
RM36 LW-2
RS5 M-1
M-2
NODE
PUD
RD-19
RM-15
RM-15C
RM-24
RM-36
RMU
RS-5
RS-7
0 ½ 1 2
Miles
Page 446 of 885
Proposed
PIN Property Address Existing Zoning Zoning
06-27-275-004 2110 ADELAIDE ST CN-1 RM15
06-27-275-005 2114 ADELAIDE ST CN-1 RM15
06-27-275-023 2115 ADELAIDE ST CN-1 RM15
06-27-275-006 2118 ADELAIDE ST CN-1 RM15
06-27-275-021 2119 ADELAIDE ST CN-1 RM15
06-27-275-007 2120 ADELAIDE ST CN-1 RM15
06-27-275-020 2121 ADELAIDE ST CN-1 RM15
06-27-280-008 2124 ADELAIDE ST CN-1 RM15
06-27-280-009 2128 ADELAIDE ST CN-1 RM15
06-27-281-020 2131 ADELAIDE ST CN-1 RM15
06-27-280-011 2134 ADELAIDE ST CN-1 RM15
06-27-280-012 2136 ADELAIDE ST CN-1 RM15
06-27-280-013 2140 ADELAIDE ST CN-1 RM15
06-27-177-011 110 W ALCOTT ST CN-1 RS5
06-27-179-001 112 E ALCOTT ST CN-1 LW1
06-27-177-006 113 W ALCOTT ST CN-1 RM15
06-27-177-101 114 W ALCOTT ST CN-1 RS5
06-27-179-002 114 E ALCOTT ST CN-1 LW1
06-27-177-002 116 W ALCOTT ST CN-1 RS5
06-27-177-007 117 W ALCOTT ST CN-1 RM15
06-27-245-001 505 E ALCOTT ST CN1/M1 M1
06-27-275-001 512 E ALCOTT ST CN-1 RM15
06-27-275-102 516 E ALCOTT ST CN-1 RM15
06-27-275-025 524 E ALCOTT ST CN-1 RM15
06-27-276-007 530 E ALCOTT ST CN-1 RM15
06-27-276-006 534 E ALCOTT ST CN-1 RM15
06-27-276-005 538 E ALCOTT ST CN-1 RM15
06-27-276-004 542 E ALCOTT ST CN-1 RM15
06-27-148-005 2014 ALCOTT PL CN-1 RM15
06-27-148-003 2020 ALCOTT PL CN-1 RM15
06-14-300-107 415 AMPERSEE AVE CMU LW2
06-14-300-108 416 AMPERSEE AVE CMU LW2
06-15-294-001 433 AMPERSEE AVE RMU/CMU LW2
06-14-170-175 434 AMPERSEE AVE RMU/CMU LW2
06-14-165-070 526 AMPERSEE AVE CMU/RMU LW2
06-14-155-008 708 AMPERSEE AVE RMU CC2
06-14-155-009 712 AMPERSEE AVE RMU/CMU CC2
Page 447 of 885

06-15-239-061 1003 AMPERSEE AVE RMU LW1
06-14-110-019 1014 AMPERSEE AVE CMU/RMU CC2
06-14-110-017 1024 AMPERSEE AVE CMU CC2
06-15-234-063 1029 AMPERSEE AVE RMU LW1

06-19-113-001 4400 ARBORETUM PKWY CC/RS5 RS5
06-19-112-001 4510 ARBORETUM PKWY CC CC2
06-19-111-001 4620 ARBORETUM PKWY CC CC2
06-21-439-001 513 AXTELL ST CN-1 RM15
06-22-386-001 110 BALCH ST CN-1/RS5 RS5
06-22-364-007 210 BALCH ST CC/RS5 RS5
06-22-364-025 211 BALCH ST CC/RS5 RS5
06-22-364-024 213 BALCH ST CC LW1
06-22-364-009 216 BALCH ST CC LW1
06-22-364-010 226 BALCH ST CC LW1
06-22-363-011 232 BALCH ST CC LW1
06-22-363-023 303 BALCH ST CC LW1
06-22-363-012 310 BALCH ST CC LW1
06-22-362-002 331 BALCH ST CC/CO LW1
06-22-362-001 403 BALCH ST CC LW1
06-35-405-001 1615 BANBURY RD CC CC2
06-35-406-002 1617 BANBURY RD CC CC2
06-35-406-001 1701 BANBURY RD CC/RS5 CC2

06-22-430-003 1121 BANK ST M1 Lw1
06-22-435-003 1157 BANK ST M1 LW1
06-22-414-003 1204 BANK ST M1/RM36 LW2
Page 448 of 885

06-32-128-002 3215 BARNARD AVE CN-1 LW1
06-27-107-001 406 BEEKMAN CT CO/RS5 CC2
06-27-106-005 417 BEEKMAN CT CC/RS5 CC2
06-27-106-102 419 BEEKMAN CT CC CC2
06-27-106-001 425 BEEKMAN CT CC CC2
06-27-105-008 427 BEEKMAN CT CC CC2
06-27-105-010 440 BEEKMAN CT CC CC2
06-27-142-054 111 E BELMONT AVE CN-1/RM15 RM15
06-27-141-005 120 W BELMONT AVE CN-1/RM15 RM15
06-14-310-010 350 BLAINE ST CMU LW2

06-35-450-387 1620 BLOOMFIELD AVE CC CC2
06-35-451-030 1706 BLOOMFIELD AVE CC/RM36 RM36
06-22-341-001 109 BORN CT CC LW1
06-22-336-005 112 BORN CT CC LW1
06-23-176-004 1301 S BRANCH ST CC LW2
06-23-177-002 1314 S BRANCH ST CC LW2
06-23-177-003 1332 S BRANCH ST CC LW2
06-23-178-001 1338 S BRANCH ST CC LW2
06-14-150-002 902 BRIDGE ST RMU CC2
06-14-150-003 908 BRIDGE ST CMU CC2
06-14-151-002 1008 BRIDGE ST CC CC2
06-14-152-002 1012 BRIDGE ST CC CC2

06-27-241-001 532 BRYANT ST CC LW1
06-27-241-002 536 BRYANT ST CC LW1
06-27-241-003 606 BRYANT ST CC LW1
06-27-243-051 715 BRYANT ST CN-1 RM15
06-27-243-050 719 BRYANT ST CN-1 RM15
06-27-243-049 723 BRYANT ST CN-1 RM15
06-27-243-003 730 BRYANT ST CC LW1
06-27-243-101 733 BRYANT ST CN-1/RD 19 RM15
06-27-244-001 810 BRYANT ST CC LW1
06-26-116-001 900 BRYANT ST CC LW1
06-20-198-033 916 BUCKHOUT AVE CN-1 LW1
06-22-326-006 1102 S BURDICK ST CC LW1
06-22-326-007 1106 S BURDICK ST CC LW1
06-22-331-011 1120 S BURDICK ST CN-1/CC/RM36 LW1
Page 449 of 885

06-22-336-011 1156 S BURDICK ST CC LW1
06-22-341-006 1204 S BURDICK ST CC LW1
06-22-342-001 1209 S BURDICK ST CC LW1
06-22-341-002 1210 S BURDICK ST CC/CN-1 LW1
06-22-342-002 1211 S BURDICK ST CC LW1
06-22-342-010 1215 S BURDICK ST CC LW1
06-22-341-003 1216 S BURDICK ST CN-1 LW1
06-22-342-003 1221 S BURDICK ST CC LW1
06-22-341-004 1222 S BURDICK ST CC/CN-1 LW1
06-22-347-001 1225 S BURDICK ST CC LW1
06-22-341-005 1228 S BURDICK ST CN-1 LW1
06-22-346-001 1300 S BURDICK ST CN-1 LW1
06-22-347-003 1303 S BURDICK ST CC LW1
06-22-347-005 1307 S BURDICK ST CC LW1
06-22-346-002 1308 S BURDICK ST CN-1 LW1
06-22-347-007 1311 S BURDICK ST CC LW1
06-22-346-005 1312 S BURDICK ST CN-1/RM36 LW1
06-22-346-003 1316 S BURDICK ST CN-1 LW1
06-22-347-009 1317 S BURDICK ST CC LW1
06-22-347-011 1321 S BURDICK ST CC LW1
06-22-377-001 1325 S BURDICK ST CC LW1
06-22-377-003 1403 S BURDICK ST CN-1 LW1
06-22-377-004 1405 S BURDICK ST CN-1 LW1
06-22-377-007 1409 S BURDICK ST CN-1 LW1
06-22-383-003 1411 S BURDICK ST CN-1 LW1
06-22-375-002 1412 S BURDICK ST CN-1 LW1
06-22-382-001 1413 S BURDICK ST CN-1 LW1
06-22-380-001 1416 S BURDICK ST CN-1 LW1
06-22-382-002 1417 S BURDICK ST CN-1 LW1
06-22-382-003 1503 S BURDICK ST CN-1 LW1
06-22-381-001 1504 S BURDICK ST CN-1 LW1
06-22-380-002 1508 S BURDICK ST REAR CN-1 LW1
06-22-381-002 1508 S BURDICK ST CN-1 LW1
06-22-382-005 1511 S BURDICK ST CN-1 LW1
06-22-381-003 1512 S BURDICK ST CN-1 LW1
06-22-382-006 1515 S BURDICK ST CN-1 LW1
06-22-381-004 1516 S BURDICK ST CN-1 LW1
06-22-387-002 1519 S BURDICK ST CN-1 LW1
06-22-386-002 1520 S BURDICK ST CN-1 LW1
06-22-387-102 1601 S BURDICK ST CN-1 LW1
06-22-386-030 1606 S BURDICK ST CN-1 LW1
06-22-387-101 1613 S BURDICK ST CN-1 LW1
06-22-387-003 1613 S BURDICK ST REAR CN-1 LW1
06-22-391-031 1614 S BURDICK ST CN-1 LW1
06-22-392-104 1619 S BURDICK ST CN-1 LW1
06-22-392-003 1623 S BURDICK ST CN-1 LW1
06-22-391-002 1624 S BURDICK ST CN-1 LW1
Page 450 of 885

06-22-392-002 1627 S BURDICK ST CN-1 LW1
06-22-396-001 1700 S BURDICK ST CN-1/RS5 LW1
06-22-392-103 1707 S BURDICK ST CN-1 LW1
06-22-397-004 1713 S BURDICK ST CN-1 LW1
06-22-397-001 1717 S BURDICK ST CN-1 LW1
06-22-397-002 1719 S BURDICK ST CN-1 LW1
06-22-397-003 1723 S BURDICK ST CN-1 LW1
06-22-397-005 1725 S BURDICK ST CN-1 LW1
06-27-127-001 1801 S BURDICK ST CN-1 LW1
06-27-127-003 1805 S BURDICK ST CN-1 LW1
06-27-127-010 1807 S BURDICK ST CN-1 LW1
06-27-127-012 1809 S BURDICK ST CN-1 LW1
06-27-126-004 1810 S BURDICK ST CN-1 RM15
06-27-126-005 1814 S BURDICK ST CN-1 RM15
06-27-126-002 1818 S BURDICK ST CN-1 RM15
06-27-126-003 1820 S BURDICK ST CN-1 RM15
06-27-127-031 1821 S BURDICK ST CN-1 LW1
06-27-131-001 1824 S BURDICK ST CN-1 RM15
06-27-132-002 1825 S BURDICK ST CN-1 RM15
06-27-131-002 1826 S BURDICK ST CN-1 RM15
06-27-131-003 1830 S BURDICK ST CN-1 RM15
06-27-131-004 1832 S BURDICK ST CN-1 RM15
06-27-133-001 1833 S BURDICK ST CN-1 RM15
06-27-131-005 1836 S BURDICK ST CN-1 RM15
06-27-131-006 1840 S BURDICK ST CN-1 RM15
06-27-136-001 1846 S BURDICK ST CN-1 RM15
06-27-137-001 1849 S BURDICK ST CN-1 RM15
06-27-136-002 1850 S BURDICK ST CN-1 RM15
06-27-136-003 1852 S BURDICK ST CN-1 RM15
06-27-137-010 1901 S BURDICK ST CN-1 RM15
06-27-137-011 1907 S BURDICK ST CN-1 RM15
06-27-136-006 1908 S BURDICK ST CN-1 RM15
06-27-137-012 1911 S BURDICK ST CN-1 RM15
06-27-136-007 1912 S BURDICK ST CN-1 RM15
06-27-142-006 1915 S BURDICK ST CN-1 RM15
06-27-142-055 1921 S BURDICK ST CN-1 RM15
06-27-141-014 1924 S BURDICK ST CN-1/RS5 RM15
06-27-141-013 2004 S BURDICK ST CN-1/RS5 RM15
06-27-142-008 2008 S BURDICK ST CN-1 RM15
06-27-142-003 2009 S BURDICK ST CN-1 RM15
06-27-147-001 2017 S BURDICK ST CN-1 RM15
06-27-147-002 2018 S BURDICK ST CN-1 RM15
06-27-148-008 2023 S BURDICK ST CN-1 RM15
06-27-147-103 2026 S BURDICK ST CN-1 RM15
06-27-148-007 2027 S BURDICK ST CN-1 RM15
06-27-148-006 2031 S BURDICK ST CN-1 RM15
06-27-147-005 2032 S BURDICK ST CN-1 RM15
Page 451 of 885

06-27-147-006 2034 S BURDICK ST CN-1 LW1
06-27-177-001 2040 S BURDICK ST CN-1/RS5 LW1

06-27-148-010 2041 S BURDICK ST CN-1 LW1
06-27-177-012 2044 S BURDICK ST CN-1 LW1
06-27-178-001 2045 S BURDICK ST CN-1 LW1
06-27-178-004 2048 S BURDICK ST CN-1 LW1
06-27-178-003 2050 S BURDICK ST CN-1 LW1
06-27-178-002 2054 S BURDICK ST CN-1 LW1
06-27-178-007 2103 S BURDICK ST CN-1 LW1
06-27-178-005 2108 S BURDICK ST CN-1 LW1
06-27-178-009 2111 S BURDICK ST CN-1 LW1
06-27-178-006 2112 S BURDICK ST CN-1 LW1
06-27-178-010 2115 S BURDICK ST CN-1 LW1
06-27-394-002 3000 S BURDICK ST RM15/CC RM15
06-27-465-004 3003 S BURDICK ST M1 CC2
06-27-465-001 3017 S BURDICk ST M1 CC2
06-27-465-002 3023 S BURDICk ST M1 CC2
06-34-129-001 3204 S BURDICK ST CC CC2
06-34-129-002 3210 S BURDICK ST CC CC2
06-34-201-001 3301 S BURDICK ST CC/M1 CC2
06-34-205-001 3305 S BURDICK ST M1 M1
06-34-133-001 3306 S BURDICK ST CC/RM15 M1
06-34-206-002 3311 S BURDICK ST CC/M1 M1
06-34-138-001 3316 S BURDICK ST CN-1 M1
06-34-138-001 3316 S BURDICK ST CC/CN1/RM15 M1
06-34-206-001 3317 S BURDICK ST CC/M1 M1
06-34-211-002 3329 S BURDICK ST CC/M1 M1
06-34-139-001 3414 S BURDICK ST CC/CN1 M1
06-34-144-002 3434 S BURDICK ST CN-1/CC M1
06-34-149-003 3448 S BURDICK ST CC/CN1 M1
06-34-149-002 3510 S BURDICK ST CN-1 RM15
06-34-179-001 3608 S BURDICK ST CN-1 RM15
06-34-179-002 3610 S BURDICK ST CN-1 RM15
06-34-183-001 3614 S BURDICK ST CN-1/RM15 RM15
06-34-332-001 4000 S BURDICK ST CO/RM15 RM15
06-34-344-102 4120 S BURDICK ST CO RM15
06-27-494-002 3102 BURKE ST CC RM15
06-26-370-001 3112 BURKE ST CC RM15
06-21-112-071 511 BURROWS RD CN-1 LW1
06-21-112-072 515 BURROWS RD CN-1 LW1
06-21-112-074 525 BURROWS RD CN-1 LW1
06-21-117-001 533 BURROWS RD CN-1 LW1
06-15-263-207 501 E BUTLER CT CMU LW2
06-15-268-202 500 E BUTLER CT CMU LW2
Page 452 of 885

06-23-349-001 1328 CAMERON ST CN-1 RM15
RM36
06-22-295-003 636 CARR ST CC
RM36
06-22-295-004 637 CARR ST M1
RM36
06-22-295-005 641 CARR ST M1
RM36
06-22-295-002 642 CARR ST CC
RM36
06-22-295-001 646 CARR ST CC
RM36
06-22-290-001 649 CARR ST M1
RM36
06-22-296-002 652 CARR ST CC
RM36
06-22-290-002 653 CARR ST M1
RM36
06-22-296-006 656 CARR ST CC
RM36
06-22-291-005 659 CARR ST M1
RM36
06-22-296-007 660 CARR ST CC
RM36
06-22-291-004 663 CARR ST M1
RM36
06-22-291-003 667 CARR M1
06-21-214-011 831 W CEDAR ST CN-1 LW1
06-14-125-008 1109 CHARLOTTE AVE CO RS5
06-14-125-003 1119 CHARLOTTE AVE CO CC2
06-22-488-001 735 CLINTON AVE CO RD19
06-22-489-001 809 CLINTON AVE CO RD19
06-22-489-009 813 CLINTON AVE CO RD19
06-23-360-755 817 CLINTON AVE CO RD19
06-23-365-555 818 CLINTON AVE CC/CO RD19
06-23-461-495 1713 CLINTON AVE CN-1 RM15
06-23-462-001 1719 CLINTON AVE CN-1 RM15
06-23-466-498 1720 CLINTON AVE CN-1 RM15
06-23-462-002 1723 CLINTON AVE CN-1 RM15
06-09-427-002 1914 COBB AVE CN-1 LW1
06-22-431-100 501 COLLINS ST CC LW1
06-22-435-001 551 COLLINS ST CC RM15
06-22-436-004 557 COLLINS ST CC RM15
06-22-436-003 601 COLLINS ST CC RM15
06-22-436-002 607 COLLINS ST CC RM15
06-22-436-001 611 COLLINS ST CC RM15
06-22-432-054 705 COLLINS ST CC RM15
Page 453 of 885

06-22-432-006 709 COLLINS ST CC RM15
06-22-443-001 710 COLLINS ST CC RM15
06-22-433-010 711 COLLINS ST CC RM15
06-22-433-012 719 COLLINS ST CC RM15
06-16-179-080 1117 CONANT ST CC RM15
06-16-179-079 1135 CONANT ST CC RM15
06-34-129-003 15 W CORK ST CC CC2
06-34-129-005 23 W CORK ST CC RM15
06-34-128-006 27 W CORK ST CC/RM15 RM15
06-27-399-001 104 W CORK ST CC CC2
06-27-470-005 107 E CORK ST CC CC2
06-27-398-001 108 W CORK ST CC CC2
06-27-398-096 110 W CORK ST CC/RM15 CC2
06-34-200-003 112 E CORK ST CC CC2
06-34-200-002 120 E CORK ST CC CC2
06-34-200-001 124 E CORK ST CC CC2
06-34-201-003 130 E CORK ST CC CC2
06-34-201-002 204 E CORK ST CC CC2
06-34-202-002 212 E CORK ST CC CC2
06-34-106-002 427 W CORK ST CO/CC/RM15 CC2
06-27-371-001 434 W CORK ST CO/CC RM15
06-34-227-004 610 E CORK ST CC M1
06-34-227-001 620 E CORK ST CC M1
06-34-227-005 630 E CORK ST CC M1
06-34-228-001 644 E CORK ST CC CC2
06-34-228-018 730 E CORK ST CC CC2
06-34-228-020 736 E CORK ST CC CC2
06-27-498-002 737 E CORK ST CC CC2
06-27-494-010 805 E CORK ST CC CC2
06-34-229-005 814 E CORK ST CC CC2
06-34-229-004 820 E CORK ST CC CC2
06-27-499-001 823 E CORK ST CC CC2
06-26-370-004 903 E CORK ST CC CC2
06-26-370-003 905 E CORK ST CC CC2
06-26-370-002 911 E CORK ST CC CC2
06-35-100-020 912 E CORK ST CC CC2
06-26-370-013 927 E CORK ST CC Com Node
06-35-101-005 1000 E CORK ST CC/CO Com Node
06-35-125-005 1208 E CORK ST CN-1 LW1
06-35-125-006 1216 E CORK ST CN-1/RM15 RM15
06-26-470-015 1609 E CORK ST CO CC2
Page 454 of 885

06-26-470-012 1621 E CORK ST CO CC2
06-35-225-004 2012 E CORK ST CN-1 CC2
06-35-225-005 2020 E CORK ST CN-1 CC2
06-25-371-002 2425 E CORK ST CN-1 CC2

06-22-298-107 930 COTTAGE AVE CC RM15
06-22-298-007 934 COTTAGE AVE CC RM15
06-22-298-008 936 COTTAGE AVE CC RM15
06-22-298-009 1000 COTTAGE AVE CC LW1

06-22-336-007 60 W CROSSTOWN PKWY CC LW1
06-22-335-009 116 W CROSSTOWN PKWY CN-1 LW1
06-22-335-008 122 W CROSSTOWN PKWY CN1 LW1
06-22-319-001 150 W CROSSTOWN PKWY RM36 LW1
06-22-332-001 150 E CROSSTOWN PKW CC LW2
06-22-400-002 224 E CROSSTOWN PKWY CC LW2
06-22-356-001 400 W CROSSTOWN PKWY CO LW1

06-22-351-001 412 W CROSSTOWN PKWY CN-1/CC LW1
06-21-484-002 500 W CROSSTOWN PKWY CN-1/CC LW1
CN-
06-21-483-001 530 W CROSSTOWN PKWY 1/CC/CO/RM15 LW1
06-21-488-001 548 W CROSSTOWN PKWY CC/CO RM36
06-21-487-004 550 W CROSSTOWN PKWY CC/CO/RM15 RM36
06-21-494-001 555 W CROSSTOWN PKWY CC Com Node
06-21-498-002 575 W CROSSTOWN PKWY CC Com Node
06-28-227-001 601 W CROSSTOWN PKWY CC CC2
06-22-259-001 618 E CROSSTOWN PKWY M1 LW2
Page 455 of 885

06-21-214-012 505 DAVIS ST CN-1 LW1
06-21-214-013 509 DAVIS ST CN-1 LW1
06-21-214-014 513 DAVIS ST CN-1 RM15
06-21-214-015 519 DAVIS ST CN-1 RM15
06-21-214-016 523 DAVIS ST CN-1 RM15
06-21-219-001 527 DAVIS ST CN-1 RM15
06-21-219-002 531 DAVIS ST CN-1 RM15
06-21-219-003 535 DAVIS ST CN-1 RM15
06-21-224-024 611 DAVIS ST CN-1 RM15
06-22-351-011 411 DEN ADEL CT CC/CO RM36
06-22-351-013 419 DEN ADEL CT CO/CC RM36

06-22-321-007 424 DEN ADEL CT CO RM36

06-22-321-006 428 DEN ADEL CT CO RM36

06-22-320-005 432 DEN ADEL CT CO RM36
06-22-350-017 433 DEN ADEL CT CN-1/CC/CO RM36
06-22-320-004 434 DEN ADEL CT CN-1/CO RM36

06-22-320-003 438 DEN ADEL CT CN-1 LW1
06-33-429-012 514 DENWAY DR CC CC2
06-27-147-102 110 DIXIE AVE CN-1 RM15
06-27-146-103 111 DIXIE AVE CN-1/RS5 RS5
06-27-146-102 112 DIXIE AVE CN-1 RS5
06-35-415-003 1617 DORCHESTER AVE CC CC2
06-35-416-245 1713 DORCHESTER AVE CC RS5
06-16-199-004 527 DOUGLAS AVE CO LW1
06-16-199-003 531 DOUGLAS AVE CO LW1
06-16-194-003 605 DOUGLAS AVE CO LW1
06-16-194-004 613 DOUGLAS AVE CO LW1
06-16-194-005 617 DOUGLAS AVE CO LW1
06-16-194-006 619 DOUGLAS AVE CO Nhood Node
06-16-265-001 626 DOUGLAS AVE CC Nhood Node
06-16-260-057 712 DOUGLAS AVE CC LW1
Page 456 of 885

06-16-189-110 717 DOUGLAS AVE CC LW1
06-16-189-057 718 DOUGLAS AVE CC LW1
06-16-189-058 724 DOUGLAS AVE CC/RM15 RM15
06-16-179-078 814 DOUGLAS AVE CC RM15
06-16-142-015 1005 DOUGLAS AVE CN-1 CC2
06-16-142-014 1011 DOUGLAS AVE CN-1 CC2
06-16-138-002 1100 DOUGLAS AVE CC CC2
06-16-137-004 1103 DOUGLAS AVE CN-1 CC2
06-16-138-001 1114 DOUGLAS AVE CC CC2
06-16-137-003 1117 DOUGLAS AVE CN-1 CC2
06-16-132-001 1146 DOUGLAS AVE CC CC2
06-09-381-001 1431 DOUGLAS AVE CN-1 RM15
06-09-382-001 1436 DOUGLAS AVE CN-1 RM15
06-09-380-003 1437 DOUGLAS AVE CN-1/M1 RM15
06-09-381-002 1503 DOUGLAS AVE CN-1 RM15
06-09-381-004 1507 DOUGLAS AVE CN-1 RM15
06-09-381-005 1508 DOUGLAS AVE CN-1 RM15
06-09-376-001 1511 DOUGLAS AVE CN-1 RM15
06-18-321-004 122 N DRAKE RD CC/RM15 CC
06-18-315-001 124 N DRAKE RD RM15 CC
06-18-320-002 126 N DRAKE RD RM15 CC
06-18-321-003 128 N DRAKE RD RM15 CC
06-18-322-002 130 N DRAKE RD RM15 CC
06-18-355-002 !$! S DRAKE RD ES5 CC2
06-18-360-002 213 S DRAKE RD CO CC2
06-18-316-001 220 N DRAKE RD CN-1 CC
06-18-360-100 221 S DRAKE RD CO CC2
06-18-365-001 229 S DRAKE RD CO CC2
06-18-310-003 230 N DRAKE RD CN-1 CC
06-18-310-002 240 N DRAKE RD CN-1 CC
06-18-310-001 308 N DRAKE RD CN-1 CC
06-18-370-003 317 S DRAKE RD CO CC2
06-18-305-001 330 N DRAKE RD CN-1 CC
06-19-100-002 401 S DRAKE RD CO CC2
06-19-110-010 601 S DRAKE RD CC CC2
06-19-115-001 717 S DRAKE RD CC CC2
06-19-120-002 801 S DRAKE RD CC CC2
06-19-120-003 811 S DRAKE RD CC CC2
06-19-150-001 823 S DRAKE RD CC CC2
06-19-350-002 1325 S DRAKE RD CC CC2
06-19-365-001 1381 S DRAKE RD CC CC2
06-19-355-001 1401 S DRAKE RD CC CC2
06-19-355-002 1441 S DRAKE RD CC CC2
06-19-362-001 1533 S DRAKE RD CC CC2
Page 457 of 885

05-24-489-001 1560 S DRAKE RD CC CC2
05-24-494-001 1600 S DRAKE RD CC CC2
06-19-366-001 1655 S DRAKE RD CC CC2
06-26-156-204 937 DUCKETT DR CCBD RM36
06-26-158-010 1001 DUCKETT DR CCBD/RS5 RM36
06-21-245-008 814 DUFFIELD CT CN-1 RM15
06-21-275-030 815 DUFFIELD CT CN-1 RM15
06-21-224-007 816 DUFFIELD CT CN-1 RM15
06-21-275-035 819 DUFFIELD CT CN-1 RM15
06-33-469-001 4415 DUKE ST CO/PUD/RM15 CC2
06-33-474-001 4435 DUKE ST CO/RM15 CC2
06-22-121-030 410 W DUTTON ST CO LW1
06-22-121-002 418 W DUTTON ST CO LW1
06-22-120-009 436 W DUTTON ST CO LW1
06-22-120-003 442 W DUTTON ST CO LW1

06-22-488-032 734 EGLESTON AVE CO RD19
06160269-007 623 ELM ST CN1 LW1
06-33-239-001 516 ELYS WAY CC/CN1 CC2

06-33-238-002 529 ELYS WAY CN-1/RM15 RM15
06-19-341-001 1344 EMAJEAN ST CN-1/CC/RM15 RM15

06-26-429-011 2422 EMERALD DR CC RM15
06-25-316-002 2625 EMERALD DR CN-1/RM15/M1 M1

06-25-370-002 3111 EMERALD DR CN-1 Rm15
06-22-391-001 108 W EMERSON ST CN-1 LW1
06-22-392-101 113 E EMERSON ST CN-1 RM15
06-22-392-005 114 E EMERSON ST CN-1 RM15
06-22-392-023 117 E EMERSON ST CN-1 RM15
06-22-392-024 121 E EMERSON ST CN-1 RM15
06-22-393-002 127 E EMERSON ST CN-1 RM15
06-22-393-003 131 E EMERSON ST CN-1 RM15
06-22-393-030 135 E EMERSON ST CN-1 RM15
06-22-393-027 139 E EMERSON ST CN-1 RM15
06-22-393-028 145 E EMERSON ST CN-1 RM15
06-22-394-030 203 E EMERSON ST CN-1 RM15
06-22-465-001 218 E MERSON ST CC/RM15 LW1
06-28-477-003 615 FAIRVIEW AVE CO/RM15/RS5 RM15
Page 458 of 885

06-26-161-100 223 FLOWER ST CCBD RM36
06-35-106-001 1003 FOLEY ST CO LW1
06-22-316-007 409 FOREST ST CO LW1
06-22-316-003 412 FOREST ST CO LW1
06-22-316-002 416 FOREST ST CO LW1
06-22-321-010 417 FOREST ST CO LW1
06-22-316-008 420 FOREST ST CO LW1
06-22-316-004 429 FOREST ST CO LW1
06-22-315-007 433 FOREST ST CO LW1
06-22-315-006 435 FOREST ST CN-1/CO LW1
06-22-315-005 437 FOREST ST CN-1 LW1
06-22-315-110 438 FOREST ST CN-1/CO LW1
06-22-315-004 441 FOREST ST CN-1 LW1
06-15-259-217 526 E FRANK ST CMU LW2
06-15-259-116 532 E FRANK ST CMU/RMU LW1
06-15-259-216 536 E FRANK ST RMU LW1
06-26-160-001 817 FRANKLIN ST CO RM15
06-26-165-001 818 FRANKLIN ST CO RM15
06-26-165-043 820 FRANKLIN ST CO RM15
06-26-160-002 821 FRANKLIN ST CO/RM15 RM15
06-26-165-042 824 FRANKLIN ST CO RM15
06-26-165-041 826 FRANKLIN ST CO RM15
06-26-165-040 832 FRANKLIN ST CO RM15
06-23-462-105 1516 FULFORD ST CN-1 RM15
06-23-462-746 1520 FULFORD ST CN-1 RM15
06-23-467-713 1602 FULFORD ST CN-1 RM15
06-23-472-002 1702 FULFORD ST CN-1 RM15
06-23-472-001 1708 FULFORD ST CN-1 RM15
06-23-472-625 1718 FULFORD ST CN-1 Lw1
06-26-202-001 1802 FULFORD ST CN-1 LW1
06-26-202-002 1810 FULFORD ST CN-1 RM15
06-26-202-003 1814 FULFORD ST CN-1 RM15
06-27-283-004 805 FULTON ST CO RM15
06-27-284-003 811 FULTON ST CO RM15
06-27-289-024 820 FULTON ST CO RM15
06-26-160-023 826 FULTON ST CO RM15
06-26-160-022 830 FULTON ST CO RM15
06-26-160-021 834 FULTON ST CO RM15
06-27-355-027 447 GARLAND ST CO/CC CC2
06-35-411-164 1701 GOLFVIEW AVE CC CC2
06-15-234-012 903 GORDON PL CMU/RMU CC2
06-15-234-001 908 GORDON PL CMU CC2
06-15-229-010 913 GORDON PL CMU CC2
06-15-229-009 915 GORDON PL CMU CC2
06-15-281-025 655 GULL RD RMU LW1
06-15-287-030 660 GULL RD CMU/RMU LW1
06-15-282-001 669 GULL RD RMU LW2
Page 459 of 885

06-15-277-001 751 GULL RD RMU LW1
06-15-248-048 805 GULL RD RMU LW1
06-15-248-148 809 GULL RD RMU LW1
06-15-279-201 812 GULL RD RMU LW1
06-15-248-046 813 GULL RD RMU LW1
06-15-248-044 817 GULL RD RMU LW1
06-15-248-042 821 GULL RD RMU LW1
06-15-248-040 827 GULL RD RMU LW1
06-15-248-038 833 GULL RD RMU LW1
06-15-244-036 839 GULL RD RMU LW1
06-15-244-035 843 GULL RD RMU LW1
06-14-120-009 902 GULL RD RMU CC2
06-15-244-031 903 GULL RD CMU CC2
06-14-120-001 906 GULL RD RMU CC2
06-14-115-030 907 GULL RD CMU/RMU CC
06-14-120-002 908 GULL RD CMU/RMU CC

06-14-115-130 911 GULL RD CMU CC
06-14-111-001 1005 GULL RD CMU CC
06-14-106-001 1015 GULL RD CMU/RM15 CC
06-14-108-009 1052 GULL RD CO CC2
06-14-109-004 1126 GULL RD CO CC2
06-14-125-001 1206 GULL RD CO CC2
06-11-397-002 1400 GULL RD RM15 CC
06-11-398-003 1424 GULL RD CN-1/RM15 CC
06-11-384-001 1521 GULL RD CN-1/RM15 CC
06-11-389-004 1522 GULL RD CN-1 CC
06-11-389-002 1524 GULL RD CN-1 CC
06-11-389-001 1536 GULL RD CN-1 CC
06-22-298-004 711 HARRIGAN CT CC RM15
06-22-298-005 715 HARRIGAN CT CC RM15
06-22-298-006 717 HARRIGAN CT CC RM15
06-15-425-301 418 HARRISON ST CMU LW2
06-15-404-007 419 HARRISON ST CMU LW2
06-15-426-003 424 HARRISON ST CMU/RMU LW2
06-15-274-004 507 HARRISON ST CMU Nhood Node
06-15-295-101 508 HARRISON ST RMU/CMU LW2
06-15-404-003 513 HARRISON CT CMU LW2
06-15-274-002 527 HARRISON ST CMU Nhood Node
06-15-285-002 620 HARRISON ST RMU LW1
06-15-285-102 625 HARRISON ST CMU/RMU LW1
Page 460 of 885

06-16-260-056 717 HAWLEY ST CC LW1
06-22-499-832 814 HAYS PARK AVE CO LW1
06-23-471-828 1714 HAYS PARK AVE CN-1 RM15
06-23-467-714 1723 HAYS PARK AVE CN-1 RM15

06-27-127-005 1812 HIGH ST CN-1 RM15
06-27-127-008 1816 HIGH ST CN-1 RM15
06-27-127-009 1820 HIGH ST CN-1 RM15
06-27-132-001 1822 HIGH ST CN-1 RM15
06-27-132-011 1826 HIGH ST CN-1 RM15
06-22-269-002 611 HOEK ALLEY M1 LW2
06-22-264-002 615 HOEK ALLEY M1 LW2
06-22-264-001 621 HOEK ALLEY M1 LW2
06-22-2900-003 629 HOEK ALLEY M1 LW2
06-14-155-021 903 HOTOP AVE RMU CC2

06-14-160-001 904 HOTOP AVE RMU/CMU LW2
06-14-155-006 911 HOTOP AVE RMU CC2
06-14-157-005 1007 HOTOP AVE CC/CMU CC2
06-14-162-001 1012 HOTOP AVE CC CC2

06-27-101-001 401 HOWARD ST CC Com Node
06-28-229-002 515 HOWARD ST CC CC2
06-28-229-001 519 HOWARD ST CC CC2
06-28-228-004 525 HOWARD ST CC CC2
06-28-228-010 605 HOWARD ST CC CC2
Page 461 of 885

06-28-228-001 611 HOWARD ST CC CC2
06-21-496-001 710 HOWARD ST CC RM36
06-21-490-006 750 HOWARD ST CC/CO/RM15 RM15
06-21-398-001 1220 HOWARD ST CO RM15
06-20-192-021 2918 HOWARD ST CN-1 LW1
06-35-125-042 1215 HOWLAND AVE CN-1/RM15 RM15
06-28-252-001 2121 HUDSON ST CO CC2
06-28-257-001 2131 HUDSON ST CO CC2
06-34-143-003 10 HUTCHINSON ST CN-1/RM15 RM15
06-19-450-001 1314 JACK PINE DR CN-1/CC/RD19 RD19
06-19-451-003 1401 JACK PINE DR CN-1 RD19
06-22-285-002 628 JACKSON CT M1 LW2
06-22-290-006 630 JACKSON CT M1 LW2
06-22-285-001 633 JACKSON CT M1 LW2
06-22-290-005 636 JACKSON CT M1 LW2
06-22-290-004 642 JACKSON CT M1 LW2
06-22-291-007 650 JACKSON CT M1 LW2
06-22-286-006 657 JACKSON CT M1 LW2
06-22-291-006 658 JACKSON CT M1 LW2
06-22-286-005 661 JACKSON CT M1 LW2
06-22-287-001 713 JACKSON ST CC/M1 LW2
06-22-288-004 721 JACKSON ST CC LW2
06-22-288-077 729 JACKSON ST CC LW2
06-22-343-005 1209 JOHN ST CC RM15
06-22-342-007 1214 JOHN ST CC RM15
06-22-342-008 1218 JOHN ST CC RM15
06-22-343-301 1221 JOHN ST CC RM15
06-22-342-011 1222 JOHN ST CC RM15
06-22-343-001 1225 JOHN ST CC RM15
06-22-348-007 1229 JOHN ST CC RM15
06-22-347-004 1302 JOHN ST CC RM15
06-22-348-006 1305 JOHN ST CC RM15
06-22-348-005 1307 JOHN ST CC RM15
06-22-347-006 1308 JOHN ST CC RM15
06-22-348-004 1313 JOHN ST CN-1/CC RM15
06-22-347-008 1314 JOHN ST CN-1/CC RM15
06-22-348-003 1317 JOHN ST CN-1 RM15
06-22-347-010 1318 JOHN ST CN-1/CC RM15
06-22-348-002 1321 JOHN ST CN-1 LW1
06-22-378-008 1325 JOHN ST CN-1 LW1
06-16-433-061 528 W KALAMAZOO AVE M1 LW2
06-16-433-100 530 W KALAMAZOO AVE M1/RD19 LW2
06-16-437-010 603 W KALAMAZOO AVE CMU LW2
06-16-437-105 615 W KALAMAZOO AVE CMU LW2
Page 462 of 885

06-32-203-001 3303 KENT AVE CN-1 CC2
06-33-493-001 530 W KILGORE RD REAR CC/RM15 CC
06-33-498-001 530 W KILGORE RD CC/RM15 CC
06-33-487-001 534 W KILGORE RD CC/RM15 CC
06-35-390-001 1501 E KILGORE RD CC/RS5 RS5
06-14-352-001 1041 KING HWY CMU LW2
06-19-358-001 4423 W KL AVE CC CC2
06-19-354-001 4426 W KL AVE CN-1/CC CC2
06-19-353-003 4500 W KL AVE CC CC2
06-19-357-001 4501 W KL AVE CC CC2
06-19-353-002 4510 W KL AVE CC CC2
06-19-357-006 4511 W KL AVE CC CC2
06-19-357-005 4525 W KL AVE CC CC2
06-19-352-001 4528 W KL AVE CC CC2
06-19-351-001 4600 W KL AVE CC CC2
06-19-356-004 4615 W KL AVE CC CC2
06-19-356-003 4625 W KL AVE CC CC2
06-19-356-002 4705 W KL AVE CC CC2
06-19-350-001 4717 W KL AVE CC CC2
06-19-320-001 4728 W KL AVE CC CC2
06-20-331-120 1033 LAFAYETTE AVE CC/RM15 LW1
06-22-342-004 116 LAKE ST CC RM15
06-22-342-005 120 LAKE ST CC RM15
06-22-342-006 124 LAKE ST CC RM15
06-22-343-006 132 LAKE ST CC RM15
06-22-343-268 136 LAKE ST CC RM15
06-22-343-267 142 LAKE ST CC RM15
06-22-343-266 146 LAKE ST CC RM15
06-22-343-269 150 LAKE ST CC RM15
06-22-344-265 152 LAKE ST CC RM15
06-22-344-264 206 LAKE ST CC RM15
06-22-344-001 208 LAKE ST CC RM15
06-22-344-263 210 LAKE ST CC RM15
06-22-339-001 215 LAKE ST CC LW2
06-22-344-262 216 LAKE ST CC RM15
06-22-344-261 220 LAKE ST CC RM15
06-22-415-001 302 LAKE ST CC RM15
06-22-415-260 302 LAKE ST REAR CC/M1 RM15
06-22-415-002 308 LAKE ST M1 RM15
06-22-415-259 308 LAKE ST REAR RM15
06-22-410-001 310 LAKE ST M1 RM15
06-22-410-002 316 LAKE ST M1 RM15
06-22-410-003 320 LAKE ST M1 RM15
06-22-415-322 322 LAKE ST M1 RM15
06-22-415-326 326 LAKE ST M1 RM15
Page 463 of 885

06-22-407-001 504 LAKE ST M1 LW1
06-22-413-001 508 LAKE ST M1 LW1
06-22-408-007 516 LAKE ST M1 LW1
06-22-408-008 518 LAKE ST M1 LW1
06-22-408-030 526 LAKE ST M1 LW1
06-22-408-002 530 LAKE ST M1 LW1
06-22-408-001 536 LAKE ST M1 LW1
06-22-408-019 548 LAKE ST M1 LW1
06-22-408-020 602 LAKE ST M1 LW1
06-22-404-001 611 LAKE ST M1 LW1
06-22-404-013 619 LAKE ST RM36 LW1
06-22-409-022 624 LAKE ST RM36 LW1
06-22-425-012 625 LAKE ST RM36 LW1
06-22-425-003 627 LAKE ST RM36 LW1
06-22-425-001 628 LAKE ST RM36 LW1
06-22-425-111 629 LAKE ST RM36 LW1
06-22-430-023 632 LAKE ST RM36 LW1
06-22-425-110 635 LAKE ST CC LW1
06-22-430-024 636 LAKE ST M1/RM36 LW1
06-22-425-002 639 LAKE ST RM36 LW1
06-22-430-025 640 LAKE ST M1/RM36 LW1
06-22-425-009 643 LAKE ST CC LW1
06-22-430-002 644 LAKE ST M1/RM36 LW1
Page 464 of 885

06-22-430-001 648 LAKE ST CC LW1
06-22-426-008 649 LAKE ST CC LW1
06-22-431-003 652 LAKE ST CC LW1
06-22-296-003 653 LAKE ST CC LW1
06-22-426-007 655 LAKE ST CC LW1
06-22-431-028 656 LAKE ST CC LW1
06-22-431-002 660 LAKE ST CC LW1
06-22-431-001 664 LAKE ST CC LW1
06-22-426-005 669 LAKE ST CC LW1
06-22-427-004 673 LAKE ST CC LW1
06-22-427-100 676 LAKE ST CC LW1
06-22-427-005 677 LAKE ST CC LW1
06-22-427-003 683 LAKE ST CC LW1
06-22-427-033 686 LAKE ST CC LW1
06-22-429-004 810 LAKE ST CC LW1

06-23-302-011 1017 LAKE ST CN-1/RM15 LW1
06-23-302-004 1020 LAKE ST CN-1 LW1
06-23-303-003 1023 LAKE ST CN-1 LW1
06-23-303-001 1024 LAKE ST CN-1 LW1
06-23-303-005 1102 LAKE ST CN-1 LW1
06-23-303-020 1105 LAKE ST CN-1 LW1
06-23-303-021 1109 LAKE ST CN-1 LW1
06-23-303-006 1110 LAKE ST CN-1 LW1
06-23-304-022 1115 LAKE ST CN-1/RM15 LW1
06-23-304-147 1116 LAKE ST CN-1/RM15 LW1
06-27-238-003 712 LANE BLVD CN-1 RD19
06-27-238-004 714 LANE BLVD CN-1 RD19
06-27-238-005 718 LANE BLVD CN-1 RD19
06-26-212-017 1713 LANE BLVD CN-1 LW1
06-27-229-003 815 LAY BLVD CN-1 RD19
06-27-229-004 819 LAY BLVD CN-1 RD19
06-27-229-005 823 LAY BLVD CN-1 RD19
Page 465 of 885

06-26-207-011 1714 LAY BLVD CN-1 RM15
06-26-202-011 1715 LAY BLVD CN-1 RM15
06-26-202-012 1717 LAY BLVD CN-1 RM15
06-26-207-012 1718 LAY BLVD CN-1 RM15
06-26-202-013 1723 LAY BLVD CN-1 RM15
06-26-207-013 1724 LAY BLVD CN-1 RM15
06-21-245-007 630 LOCUST ST CN-1 RM15
06-21-245-010 632 LOCUST ST CN-1 RM15
06-21-245-009 634 LOCUST ST CN-1 RM15
06-21-275-003 702 LOCUST ST CN-1 RM15
06-21-275-002 706 LOCUST ST CN-1 RM15
06-21-275-005 710 LOCUST ST CN-1 RM15
06-21-275-023 714 LOCUST ST CN-1 RM15
06-21-254-001 716 LOCUST ST CN-1 RM15
06-21-275-022 718 LOCUST ST CN-1 LW1
06-21-280-008 722 LOCUST ST CN-1 LW1
06-32-208-001 2142 LOGAN AVE CN-1 CC2
06-16-473-014 916 W LOVELL ST CC/RM36 RM36
06-16-473-013 920 W LOVELL ST CC/RM36 RM36
06-16-472-012 924 W LOVELL ST LW1/CC/RM36 LW1
06-16-472-011 928 W LOVELL ST CC/RM36 LW1
06-16-472-010 932 W LOVELL ST LW1/CC LW1
06-21-202-004 935 W LOVELL ST CC/RM36 LW1
06-16-472-009 936 W LOVELL ST LW1/CC LW1
06-16-472-008 940 W LOVELL ST CC LW1
06-21-202-001 941 W LOVELL ST CC LW1
06-21-201-001 945 W LOVELL ST CC LW1
06-21-128-001 1101 W LOVELL ST CC LW1
06-21-128-002 1139 W LOVELL ST CC LW1
06-26-361-001 3010 LOVERS LN CC LW1
06-26-361-002 3012 LOVERS LN CC LW1
06-26-366-010 3026 LOVERS LN CC LW1
06-26-367-001 3104 LOVERS LN CC LW1
06-26-372-002 3112 LOVERS LN CC LW1
06-26-372-003 3116 LOVERS LN CC LW1
06-26-373-018 3127 LOVERS LN CC LW1
06-26-372-005 3130 LOVERS LN CC Com Node
06-35-107-020 3306 LOVERS LN CO/CC LW1
06-35-107-014 3324 LOVERS LN CO LW1
06-35-109-001 3401 LOVERS LN CC/RM15 RM15
06-35-111-001 3414 LOVERS LN CO Lw1
06-35-116-002 3506 LOVERS LN CO LW1
06-27-276-003 2112 LUELLA ST CN-1 RM15
06-27-277-002 2113 LUELLA ST CN-1 RM15
06-27-276-002 2114 LUELLA ST CN-1 RM15
06-27-277-003 2117 LUELLA ST CN-1 RM15
06-27-277-021 2121 LUELLA ST CN-1 RM15
Page 466 of 885

06-27-276-001 2124 LUELLA ST CN-1 RM15
06-27-281-009 2128 LUELLA ST CN-1 RM15
06-27-282-001 2131 LUELLA ST CN-1 RM15
06-27-281-008 2132 LUELLA ST CN-1 RM15
06-27-281-018 2136 LUELLA ST CN-1 RM15
06-27-282-002 2141 LUELLA ST CN-1 RM15
06-33-248-000 606 LYNN AVE UNIT 01 CC/Rm15 RM15
Page 467 of 885

06-16-310-012 1604 W MAIN ST CN-1 CC2
06-16-310-013 1610 W MAIN ST CN-1 CC2
06-16-310-010 1614 W MAIN ST CN-1 CC2
06-18-199-001 4016 W MAIN ST CO CC2
06-16-300-001 1624 W MAIN ST CN-1 CC2
06-18-198-002 4140 W MAIN ST CO CC2
06-18-197-001 4200 W MAIN ST CO/CN-1 CC2
06-18-196-001 4250 W MAIN ST CO/CN-1 CC2

06-18-196-002 4300 W MAIN ST CO CC2
06-18-195-001 4308 W MAIN ST CC/CO CC2
06-18-195-003 4328 W MAIN ST CO/CC CC2
06-18-195-004 4334 W MAIN ST CC/CO CC2
06-18-304-001 4403 W MAIN ST CC/CO CC2

06-18-174-055 4408 W MAIN ST CC CC2
06-18-303-001 4425 W MAIN ST CO CC2
06-18-173-006 4432 W MAIN ST CC CC
06-18-307-001 4501 W MAIN ST CC/CN-1/RM15 RM36

06-18-173-002 4504 W MAIN ST CC CC
06-18-306-001 4613 W MAIN ST CN-1 CC
06-18-301-001 4615 W MAIN ST CN-1/CC/CO CC
06-18-172-011 4630 W MAIN ST CC CC
06-18-171-006 4702 W MAIN ST CC/CO CC
06-18-300-001 4705 W MAIN ST CO/CN-1 CC
06-18-170-002 4748 W MAIN ST CC/CO CC
06-27-136-004 112 W MAPLE ST CN-1/RS5 RM15
06-27-137-002 113 E MAPLE ST CN-1 RM15
06-27-137-009 114 E MAPLE ST CN-1 RM15
06-27-136-005 116 W MAPLE ST CN-1 RM15
06-27-107-007 340 W MAPLE ST CO/RS5 RS5
Page 468 of 885

06-27-111-001 407 W MAPLE ST CC RS5
06-27-111-002 409 W MAPLE ST CC RS5
06-27-111-003 415 W MAPLE ST CC CC2
06-27-106-004 420 W MAPLE ST CC CC2
06-27-105-007 440 W MAPLE ST CC CC2
06-27-105-006 450 W MAPLE ST CC CC2
06-28-234-001 520 W MAPLE ST CC CC2
06-28-233-001 590 W MAPLE ST CC CC2
06-28-242-002 601 W MAPLE ST CC CC2
06-28-237-001 620 W MAPLE ST CC CC2
06-28-237-002 624 W MAPLE ST CC CC2
06-28-226-001 700 W MAPLE ST CC CC2
06-23-305-026 1112 MAYWOOD AVE CC/RM15 RM15

06-15-432-001 645 E MICHIGAN AVE RMU D3
06-15-437-004 646 E MICHIGAN AVE CMU D3
06-15-428-001 667 E MICHIGAN AVE CMU LW2
06-16-467-001 824 W MICHIGAN AVE CC LW1
06-14-172-009 1015 E MICHIGAN AVE CC LW1
06-21-133-003 1128 W MICHIGAN AVE CC/RM36 LW1
06-21-135-030 1332 W MICHIGAN AVE CN-1/RM36 LW1
06-21-114-005 1404 W MICHIGAN AVE CN-1 LW1
06-21-114-003 1412 W MICHIGAN AVE RM15c LW1
06-14-421-104 1614 E MICHIGAN AVE CC/RM15/M1 CC2
06-14-416-008 1619 E MICHIGAN AVE CC CC2
Page 469 of 885

CC/RM15/M1/
06-14-421-005 1620 E MICHIGAN AVE M2 CC2
06-14-421-006 1622 E MICHIGAN AVE CC/RM15/M2 CC2
06-14-421-004 1627 E MICHIGAN AVE CC CC2
06-14-421-008 1630 E MICHIGAN AVE CC/M2 CC2
06-20-281-001 1903 W MICHIGAN AVE CN-1/RM36/RS5 LW1

06-20-196-050 2600 W MICHIGAN AVE CN-1 Nhood Node
06-20-191-001 2618 W MICHIGAN AVE CN-1/RS5 Nhood Node
06-20-327-003 2619 W MICHIGAN AVE CN-1 Nhood Node
06-20-326-050 2627 W MICHIGAN AVE CN-1/CC Nhood Node
06-20-330-100 2701 W MICHIGAN AVE CC/RM15 LW1
06-20-325-023 2730 W MICHIGAN AVE CN-1/RS5 LW1
06-19-454-001 3607 W MICHIGAN AVE CC RM15
06-19-423-001 3626 W MICHIGAN AVE CN-1 CC2
06-19-458-001 3645 W MICHIGAN AVE CN-1/CC CC2
06-19-384-001 4006 W MICHIGAN AVE CN-1 /CC/RM15 CC2
06-19-379-001 4012 W MICHIGAN AVE CN-1/CC/RM15 RM15

06-19-388-001 4101 W MICHIGAN AVE CN-1/CC/PUD CC2
06-19-383-002 4102 W MICHIGAN AVE CN-1/RM15 CC2
06-19-357-007 4520 W MICHIGAN AVE CC CC2
Page 470 of 885

06-19-385-001 4403 W MICHIGAN AVE CC CC2
06-26-170-071 817 MILLER RD CO RM15
06-26-171-066 825 MILLER RD CO RM15
06-26-172-003 1019 MILLER RD CN-1/CCBD/CO RM36
06-26-169-001 1121 MILLER RD CN-1/CCBD/RS5 RM36

06-26-271-013 1707 MILLER RD CN-1/RS5 CC2
06-26-272-010 1713 MILLER RD CN-1 CC2
06-26-272-009 1719 MILLER RD CN-1 CC2
06-26-272-001 1805 MILLER RD CN-1 CC2
06-26-273-001 1817 MILLER RD CN-1 CC2
06-26-428-008 2212 MILLER RD CC/RM15 RM15
06-26-429-001 2236 MILLER RD CC CC2

06-25-300-001 2300 MILLER RD CC M1
06-25-301-001 2314 MILLER RD CC/M1/RM15 M1
06-14-306-007 2 MILLS ST CMU LW2
06-14-306-001 10 MILLS ST CMU LW2
06-14-306-008 14 MILLS ST CMU LW2
06-14-306-012 20 MILLS ST CMU LW2
06-14-307-001 50 MILLS ST CMU LW2
06-14-312-026 74 MILLS ST CMU LW2
06-14-354-027 251 MILLS ST CMU LW2
06-14-363-001 296 MILLS ST CMU LW2
06-14-362-001 298 MILLS ST CMU LW2

06-23-154-012 753 MILLS ST CN-1 LW1
06-23-158-002 803 MILLS ST RM15 LW1
06-23-163-001 818 MILLS ST CN-1 LW1
06-23-163-012 826 MILLS M1 LW1
06-23-173-019 1009 MILLS ST CN1/RM15 LW1
06-23-172-001 1012 MILLS ST REAR CN1/RM15 LW1
06-23-303-004 1014 MILLS ST CN-1 LW1
06-23-303-002 1106 MILLS ST CN-1 LW1
06-23-308-009 1113 MILLS ST CN1/RM15 LW1
06-21-299-002 509 MINOR AVE CO RM36
06-21-294-004 510 MINOR AVE CO RM36
06-21-299-037 515 MINOR AVE CO/RM36 RM36
Page 471 of 885

06-21-294-003 518 MINOR AVE CO/RM36 RM36
06-26-356-100 838 MONARCH ST CC/RM15 RM15
06-21-135-025 511 MONROE ST CN-1 LW1
06-21-114-001 516 MONROE ST CN-1 LW1
06-11-139-139
06-11-210-138
06-11-210-137
06-11-186-017 2161 MT OLIVET RD CN-1 RM15
06-11-186-016 2203 MT OLIVET RD CN-1 RM15
06-11-182-005 2215 MT OLIVET RD CN-1/RM15 CC2
06-11-182-104 2221 MT OLIVET RD CN-1/RM15 CC2
06-11-177-004 2235 MT OLIVET RD CN-1/ CC2
06-11-177-003 2301 MT OLIVET RD CN-1 CC2
06-11-144-111 2363 MT OLIVET RD CN-1 CC2
06-11-210-140 2425 MT OLIVET RD CN-1 CC2
06-11-211-004 2501 MT OLIVET RD CN-1 CC2
06-11-206-003 2511 MT OLIVET RD CN-1 CC2
06-11-206-004 2515 MT OLIVET RD CN-1 CC2
06-11-201-001 2535 MT OLIVET RD CN-1 CC2
06-11-202-001 2611 MT OLIVET RD CN-1 CC2

06-01-193-001 3530 MT OLIVET RD CN-1/RS5 RS5
06-01-185-002 3620 MT OLIVET RD CN-1 CC2
06-01-185-001 3706 MT OLIVET RD CN-1 CC2
06-01-180-002 3720 MT OLIVET RD CN-1 CC2
06-01-180-001 3726 MT OLIVET RD CN-1 CC2
06-22-293-016 922 NEUMAIER CT CC LW2

06-22-296-001 934 NEWLAND PL CC RM36
06-22-297-003 1003 NEWLAND PL CC RM36
06-22-296-005 1004 NEWLAND PL CC RM36
06-22-296-008 1008 NEWLAND PL CC RM36
06-22-297-002 1009 NEWLAND PL CC RM36
Page 472 of 885

06-15-263-006 440 E NORTH ST CMU/RMU LW2
06-15-257-001 429 E NORTH ST LW2/LW1/CMU LW2

06-15-264-404 514 E NORTH ST CMU LW2
06-15-264-406 516 E NORTH ST CMU LW2
06-15-259-221 517 E NORTH ST CMU/RMU LW2
06-15-264-401 518 E NORTH ST CMU LW2
06-15-264-407 520 E NORTH ST CMU LW2
06-15-264-405 522 E NORTH ST CMU LW2
06-15-264-403 524 E NORTH ST CMU LW2
06-16-293-001 527 W NORTH ST CC/M1 LW1
06-15-280-115 537 E NORTH ST RMU LW1
06-15-280-101 601 E NORTH ST RMU LW1
06-15-280-001 605 E NORTH ST RMU LW1
06-15-280-201 609 E NORTH ST RMU LW1
06-15-281-018 621 E NORTH ST RMU LW1
06-16-286-006 644 W NORTH ST CC LW1
06-16-290-100 711 W NORTH ST CN-1/RD-19 LW1
06-16-265-004 1021 W NORTH ST CC LW1
06-16-265-003 1023 W NORTH ST CC LW1
06-16-265-025 1025 W NORTH ST CC LW1
06-16-265-002 1029 W NORTH ST CC LW1
06-16-260-058 1040 W NORTH ST CC LW1
06-16-189-007 1110 W NORTH ST CC LW1
06-16-189-107 1114 W NORTH ST CC LW1
06-16-189-001 1120 W NORTH ST CC/RM15 LW1
06-18-197-002 609 NORTHAMPTON RD CN-1/CO CC2
06-18-192-001 611 NORTHAMPTON RD CO CC2
06-18-189-003 620 NORTHAMPTON RD CO/RS5 CC2
06-35-450-359 1615 NOTTINGHAM AVE CC RM36
06-21-201-002 415 OAKLAND DR CC/RM36 LW1
06-21-148-001 600 OAKLAND DR CC/RM36 RM36

06-29-485-003 3010 OAKLAND DR CN-1 Com Node
06-16-142-018 1214 OGDEN AVE CN-1 RS5
06-14-311-033 910 ONEILL ST CMU LW2
06-14-311-031 930 ONEILL ST CMU LW2
06-14-312-030 1002 ONEILL ST CMU LW2
06-35-401-002 1700 PADDINGTON RD CC CC2
Page 473 of 885

06-35-401-001 1706 PADDINGTON RD CC RS5
06-26-288-001 2220 PALMER AVE CN-1/M2 M2
06-01-180-003 2820 PARCHMOUNT AVE CN-1 CC2
06-22-170-010 430 PARK PL CO/RM36 RM36
06-22-116-027 612 S PARK ST CO LW1
06-22-122-005 621 S PARK ST CO LW1
06-22-122-001 628 S PARK ST CO LW1
06-15-152-194 816 N PARK ST CC RM15
06-15-152-093 820 N PARK ST CC RM15
06-15-122-091 912 N PARK ST CC LW1
06-22-302-006 1101 S PARK ST CO LW1
06-22-302-007 1105 S PARK ST CO LW1
06-22-302-008 1109 S PARK ST CO LW1
06-22-307-004 1119 S PARK ST CO LW1
06-22-307-005 1123 S PARK ST CO LW1
06-22-307-006 1127 S PARK ST CO LW1
06-22-312-001 1143 S PARK ST CO LW1
06-22-311-006 1144 S PARK ST CO/RM36 LW1
06-22-312-002 1201 S PARK ST CO LW1
06-22-312-005 1205 S PARK ST CO LW1
06-22-311-007 1208 S PARK ST CO LW1
06-22-317-010 1218 S PARK ST CO LW1
06-22-317-004 1219 S PARK ST CO LW1
06-22-317-005 1223 S PARK ST CO LW1
06-22-317-003 1304 S PARK ST CO LW1
06-22-321-001 1310 S PARK ST CO LW1
06-22-321-009 1324 S PARK ST CO LW1
06-22-363-015 1517 S PARK ST CC LW1
06-22-364-001 1611 S PARK ST CC RS5
06-22-372-011 1707 S PARK ST CC/CO CC2
06-22-373-013 1725 S PARK ST CO CC2
06-22-372-013 1727 S PARK ST CO CC2

06-10-306-001 1901 N PARK ST CN1 LW1
06-27-103-005 1825 S PARK ST CO/RS5 CC2
06-33-294-070 517 PARKER AVE CC CC2

06-29-498-021 1901 PARKVIEW AVE CN-1 CC2
06-29-495-001 2036 PARKVIEW AVE CN-1 Com Node
Page 474 of 885

06-29-473-002 2130 PARKVIEW AVE CN-1 RM15

06-32-200-294 2331 PARKVIEW AVE CN-1/RS5 LW1

06-32-129-293 2401 PARKVIEW AVE CN-1 LW1
06-15-437-001 107 PARKWAY DR CMU LW2
06-15-437-002 108 PARKWAY DR CMU LW2
06-15-437-003 112 PARKWAY DR CMU LW2
06-15-441-002 140 PARKWAY DR CMU LW2
06-16-201-016 1011 W PATERSON ST CC CC2
06-09-394-001 1110 W PATERSON ST CC/CN-1/M1 CC2
06-16-200-100 1111 W PATERSON ST CC/CN-1/M1 CC2
06-09-397-004 1214 W PATERSON ST CC/RM15 RM15
06-09-397-020 1214 W PATERSON ST REAR CC/RM15 RM15
06-09-397-010 1216 W PATERSON ST CC RM15
06-09-397-009 1220 W PATERSON ST CC RM15
06-09-397-008 1224 W PATERSON ST CC/RM15 RM15
06-28-253-001 907 PEELER ST CO CC2
06-28-223-002 920 PEELER ST CO CC2
06-26-165-101 813 PHILLIPS ST CO RM15
06-26-170-003 816 PHILLIPS ST CO RM15
06-26-165-049 817 PHILLIPS ST CO RM15
06-26-170-057 820 PHILLIPS ST CO RM15
06-26-165-050 821 PHILLIPS ST CO RM15
06-18-169-061 520 PICCADILLY RD CC CC2
06-21-482-003 613 PIONEER ST CC/CO LW1
06-21-482-005 617 PIONEER ST CC/CO LW1
Page 475 of 885

06-21-482-006 629 PIONEER ST CO LW1
06-33-479-002 522 PLEASANT HOME CT CO RM15
06-33-478-003 612 PLEASANT HOME CT CO/RM15 RM15
06-26-371-021 942 POMEROY ST CN-1/CC RM15
06-22-432-015 701 PORTAGE CT CC RM36
06-22-432-053 702 PORTAGE CT CC RM36
06-22-432-016 705 PORTAGE CT CC RM36
06-22-432-004 706 PORTAGE CT CC RM36
06-22-432-017 709 PORTAGE CT CC RM36
06-22-432-003 710 PORTAGE CT CC RM36
06-22-432-001 711 PORTAGE CT CC RM36
06-22-432-002 712 PORTAGE CT CC RM36
06-22-433-007 716 PORTAGE CT CC RM36
06-22-432-014 1114 PORTAGE CT CC RM36
06-22-432-013 1118 PORTAGE CT CC RM36
06-22-432-012 1120 PORTAGE CT CC RM36
06-22-432-011 1122 PORTAGE CT CC RM36
06-22-432-010 1126 PORTAGE CT CC RM36
06-22-432-050 1130 PORTAGE CT RS-7 RM36
06-22-214-011 541 PORTAGE ST M-1 LW2
06-22-214-009 551 PORTAGE ST M-1 LW2
06-22-219-002 563 PORTAGE ST M-1 LW2
06-22-219-005 569 PORTAGE ST M-1 LW2
06-22-219-012 579 PORTAGE ST M-1 LW2
06-22-245-015 601 PORTAGE ST M-1 LW2
06-22-245-002 617 PORTAGE ST REAR M-1 LW2
06-22-245-003 621 PORTAGE ST M-1 LW2
06-22-245-011 625 PORTAGE ST M-1 LW2
06-22-245-004 641 PORTAGE ST M-1 LW2
06-22-275-016 701 PORTAGE ST M-1 LW2
06-22-275-017 711 PORTAGE ST M-1 LW2
Page 476 of 885

06-22-275-050 714 PORTAGE ST M1 LW2
06-22-276-019 731 PORTAGE ST M1 LW2
06-22-275-011 734 PORTAGE ST M1 LW2
06-22-280-003 742 PORTAGE ST M1 LW2
06-22-276-021 753 PORTAGE ST M1 LW2
06-22-276-022 755 PORTAGE ST M1 LW2
06-22-281-007 761 PORTAGE ST M1 LW2
06-22-281-004 802 PORTAGE ST M-1 LW2
06-22-286-002 824 PORTAGE ST M-1 LW2
06-22-281-008 825 PORTAGE ST M-1 LW2
06-22-286-001 842 PORTAGE ST M-1 LW2
06-22-287-002 847 PORTAGE ST M-1/CC LW2
06-22-286-004 848 PORTAGE ST M-1 LW2
06-22-286-003 866 PORTAGE ST M-1 LW2
06-22-292-011 901 PORTAGE ST CC LW2
06-22-291-001 906 PORTAGE ST M-1 LW2
06-22-291-002 930 PORTAGE ST M-1 LW2
06-22-296-009 948 PORTAGE ST CC LW2
06-22-297-010 960 PORTAGE ST CC LW2
06-22-298-002 961 PORTAGE ST CC LW2
06-22-297-011 970 PORTAGE ST CC LW2
06-22-297-001 1004 PORTAGE ST CC LW2
06-22-298-011 1005 PORTAGE ST CC LW2
Page 477 of 885

06-22-298-010 1017 PORTAGE ST CC LW2
06-22-427-002 1028 PORTAGE ST CC LW2
06-22-428-002 1029 PORTAGE ST CC LW2
06-22-427-001 1030 PORTAGE ST CC LW2
06-22-428-001 1043 PORTAGE ST CC LW2
06-22-434-215 1101 PORTAGE ST APT 215 CC LW1
06-22-434-011 1101 PORTAGE ST CC LW1
Page 478 of 885

Page 479 of 885

06-22-427-101 1104 PORTAGE ST CC LW1
06-22-433-001 1122 PORTAGE ST CC LW1
06-22-433-002 1138 PORTAGE ST CC LW1
06-22-433-003 1148 PORTAGE ST CC LW1
06-22-433-004 1152 PORTAGE ST CC LW1
06-22-433-005 1154 PORTAGE ST CC LW1
06-22-434-012 1155 PORTAGE ST CC LW1
06-22-433-006 1156 PORTAGE ST CC LW1
06-22-439-003 1225 PORTAGE ST CC LW1
06-22-438-002 1244 PORTAGE ST CC LW1
06-23-310-001 1249 PORTAGE ST CC LW1
06-23-315-002 1261 PORTAGE ST CC LW1

06-23-315-133 1301 PORTAGE ST CC Nhood Node
06-23-350-014 1405 PORTAGE ST CC LW1
Page 480 of 885

06-22-479-058 1408 PORTAGE ST CC LW1
06-22-484-056 1414 PORTAGE ST CC/CO LW1
06-23-355-316 1415 PORTAGE ST CO LW1
06-22-484-038 1418 PORTAGE ST CO LW1
06-23-355-317 1421 PORTAGE ST CO LW1
06-22-484-137 1424 PORTAGE ST RD-19 LW1
06-22-484-318 1427 PORTAGE ST CO LW1
06-22-489-035 1506 PORTAGE ST CO LW1
06-22-489-034 1510 PORTAGE ST CO LW1
06-22-489-434 1511 PORTAGE ST CO LW1
06-22-489-033 1514 PORTAGE ST CO LW1
06-23-360-001 1517 PORTAGE ST REAR CO LW1
06-22-489-436 1517 PORTAGE ST CO LW1
06-22-489-017 1518 PORTAGE ST CO LW1
06-22-489-437 1519 PORTAGE ST CO LW1
06-22-489-015 1524 PORTAGE ST CO LW1
06-22-489-438 1525 PORTAGE ST CO LW1

06-22-493-014 1606 PORTAGE ST CO LW1
06-22-493-013 1614 PORTAGE ST RS5 LW1
06-22-498-001 1700 PORTAGE ST RS5 LW1
06-22-499-685 1703 PORTAGE ST CO LW1
06-22-499-684 1707 PORTAGE ST CO LW1
06-22-499-683 1711 PORTAGE ST CO LW1
06-22-499-682 1715 PORTAGE ST CO LW1
06-27-229-681 1803 PORTAGE ST CN-1 LW1
06-27-229-680 1807 PORTAGE ST CN-1 LW1
06-27-228-002 1808 PORTAGE ST CN-1 LW1
06-27-229-679 1813 PORTAGE ST CN-1 LW1
Page 481 of 885

06-27-228-001 1817 PORTAGE ST CN-1 LW1
06-27-228-003 1823 PORTAGE ST CN-1 LW1
06-27-227-011 1824 PORTAGE ST CN-1 LW1
06-27-232-051 1908 PORTAGE ST RM15 LW1
06-27-232-037 1916 PORTAGE ST RM15 LW1
06-27-234-030 1919 PORTAGE ST CN-1/RD-19 LW1

06-27-232-059 1922 PORTAGE ST RM15 LW1
06-27-237-001 1926 PORTAGE ST CN-1 LW1
06-27-237-004 1932 PORTAGE ST CN-1 LW1
06-27-237-005 1936 PORTAGE ST CN-1 LW1
06-27-238-001 1939 PORTAGE ST CN-1 LW1
06-27-237-003 1940 PORTAGE ST CN-1 LW1
06-27-238-002 1943 PORTAGE ST CN-1 LW1
06-27-237-002 1946 PORTAGE ST CN-1 LW1
06-27-242-052 1947 PORTAGE ST CN-1 LW1
06-27-242-001 1950 PORTAGE ST CN-1 LW1
06-27-242-053 1951 PORTAGE ST CN-1 LW1
06-27-241-004 2006 PORTAGE ST CC LW1
06-27-242-002 2009 PORTAGE ST CN-1/CC LW1
06-27-241-033 2012 PORTAGE ST CC LW1
06-27-242-101 2015 PORTAGE ST CC/M1 LW1
06-27-246-002 2030 PORTAGE ST M1/CN-1 M1
06-27-277-001 2104 PORTAGE ST CN-1 LW1
06-27-277-022 2122 PORTAGE ST CN-1 LW1
06-27-277-008 2128 PORTAGE ST CN-1 RM15
06-27-283-100 2129 PORTAGE ST CO/M-1 LW1
06-27-282-003 2138 PORTAGE ST CN-1 RM15
06-27-282-008 2142 PORTAGE ST CN-1 RM15
06-27-283-005 2152 PORTAGE ST CN-1 RM15
06-27-288-004 2162 PORTAGE ST CN-1 RM15
06-27-284-025 2203 PORTAGE ST CO RM15
06-27-288-003 2204 PORTAGE ST CN-1 RM15
06-27-289-026 2207 PORTAGE ST CO RM15
06-27-288-002 2214 PORTAGE ST CN-1 RM15
06-27-289-028 2217 PORTAGE ST CO RM15
06-27-289-029 2221 PORTAGE ST CO RM15
06-27-289-002 2231 PORTAGE ST CO RM15
06-27-294-045 2235 PORTAGE ST CO RM15
06-27-294-047 2243 PORTAGE ST CO RM15
06-26-170-004 2303 PORTAGE ST CO RM15
06-26-170-060 2309 PORTAGE ST CO RM15
06-26-170-061 2315 PORTAGE ST CO RM15
06-26-170-070 2323 PORTAGE ST CO RM15
06-26-315-299 2612 PORTAGE ST CO/RM15 RM15
06-26-315-001 2618 PORTAGE ST CO LW1
Page 482 of 885

06-26-320-001 2704 PORTAGE ST CC/CO/RM15 LW1
06-26-315-003 2706 PORTAGE ST CC LW1
06-26-320-002 2712 PORTAGE ST CC LW1
06-26-320-004 2724 PORTAGE ST CC LW1
06-26-351-157 2805 PORTAGE ST CN-1 LW1
06-26-350-002 2814 PORTAGE ST CC/RM15 LW1
06-26-352-112 2817 PORTAGE ST CN-1 LW1
06-26-351-004 2828 PORTAGE ST CC/RM15 LW1
06-26-351-001 2834 PORTAGE ST CC LW1
06-26-356-003 2836 PORTAGE ST CC LW1
06-26-356-001 2838 PORTAGE ST CC LW1
06-26-357-109 2913 PORTAGE ST CN-1 LW1
06-26-356-002 2914 PORTAGE ST CC LW1
06-26-361-003 2918 PORTAGE ST CC LW1
06-26-361-006 2922 PORTAGE ST CC LW1
06-26-361-005 2924 PORTAGE ST CC LW1
06-26-357-069 2925 PORTAGE ST CN-1 LW1
06-26-363-066 3013 PORTAGE ST CN-1 LW1
06-26-368-033 3019 PORTAGE ST CN-1 LW1
06-26-368-032 3027 PORTAGE ST CN-1 LW1
06-26-367-003 3036 PORTAGE ST CC LW1
06-26-373-015 3100 PORTAGE ST CC LW1
06-26-368-031 3103 PORTAGE ST CN-1 LW1
06-35-199-284 3924 PORTAGE ST CC/RM15 RM15
06-35-270-003 3925 PORTAGE ST CC/RM15 RM15
06-35-329-001 3928 PORTAGE ST CC CC2
06-35-334-001 4000 PORTAGE ST CC CC2
06-35-400-079 4001 PORTAGE ST CC CC2
06-35-400-001 4003 PORTAGE ST CC CC2
06-35-405-003 4007 PORTAGE ST CC CC2
06-35-405-002 4009 PORTAGE ST CC CC2
06-35-405-082 4015 PORTAGE ST CC CC2
06-35-405-159 4023 PORTAGE ST CC CC2
06-35-339-001 4024 PORTAGE ST CC CC2
06-35-410-162 4109 PORTAGE ST CC CC2
06-35-415-002 4117 PORTAGE ST CC CC2
06-35-415-001 4129 PORTAGE ST CC CC2
06-35-324-001 4200 PORTAGE ST CC/RS5 RS5
06-35-420-318 4203 PORTAGE ST CC CC2
06-35-420-001 4215 PORTAGE ST CC CC2
06-35-421-325 4217 PORTAGE ST CC CC2
06-35-450-001 4305 PORTAGE ST CC CC2
Page 483 of 885

06-35-456-357 4315 PORTAGE ST CC CC2
06-16-310-011 311 PRAIRIE AVE CN-1 RM15
06-16-310-014 313 PRAIRIE AVE CN-1 RM15
06-29-118-003 2012 RAMBLING RD CC CC2
06-29-118-004 2018 RAMBLING RD CC CC2
06-29-119-002 2019 RAMBLING RD CC/CO CC2
06-29-123-001 2026 RAMBLING RD CC CC2
06-29-124-049 2031 RAMBLING RD CC/CO CC2
06-22-160-005 438 RANNEY ST CN-1 LW1
06-22-160-004 442 RANNEY ST CN-1 LW1
06-22-160-003 446 RANNEY ST CN-1 LW1
06-15-267-008 433 E RANSOM ST CMU LW2
06-15-273-004 514 E RANSOM ST CMU LW2

06-15-269-353 525 E RANSOM ST CMU Nhood Node
06-15-170-002 439 W RANSOM ST M1 LW2
06-16-291-100 700 W RANSOM ST CC/RM36 LW1
06-15-248-049 704 RAY AVE RMU LW1
06-15-247-051 705 RAY AVE RMU LW1
06-15-248-047 710 RAY AVE RMU LW1
06-15-248-043 716 RAY AVE RMU LW1
06-15-243-053 717 RAY AVE RMU LW1
06-15-248-041 720 RAY AVE RMU LW1
06-15-243-057 727 RAY AVE RMU LW1
06-15-243-039 802 RAY AVE RMU LW1
06-15-244-037 806RAY AVE RMU LW1
06-15-244-034 810 RAY AVE RMU LW1
06-15-244-033 818 RAY AVE RMU LW1
06-15-244-032 824 ray ave RMU LW1
06-27-127-002 110 REED AVE CN-1 RM15
06-22-397-014 115 REED AVE CN-1 RM15
06-22-470-003 309 REED AVE CC/RM15 LW1
06-27-227-010 626 REED AVE CN-1 LW1
06-27-227-001 630 REED AVE CN-1 LW1
06-22-499-003 813 REED AVE CO RD19
06-22-499-002 817 REED AVE CO RD19
06-22-499-001 819 REED AVE CO RD19
06-26-202-628 1714 REED AVE CN-1 LW1
06-23-471-623 1715 REED AVE CN-1 RM15
06-26-202-830 1718 REED AVE CN-1 LW1
06-22-382-020 119 RICHARD AVE CN-1 RM15
06-22-383-014 127 RICHARD AVE CN-1 RM15
06-22-382-021 132 RICHARD AVE CN-1 RM15
06-22-383-013 136 RICHARD AVE CN-1 RM15
06-22-383-001 145 RICHARD AVE CN-1 RM15
06-22-388-001 146 RICHARD AVE CN-1 RM15
06-22-389-003 206 RICHARD AVE CN-1 RM15
Page 484 of 885

06-22-389-003 206 RICHARD AVE CC/CN1 RM15
06-15-284-200 700 RIVER ST RMU LW1
06-15-283-044 719 RIVER ST RMU LW1
06-14-301-001 431 RIVERVIEW DR CMU LW2
06-14-162-015 606 RIVERVIEW DR CMU CC2
06-14-121-001 830 RIVERVIEW DR CMU CC

Page 485 of 885

06-11-370-006 1203 RIVERVIEW DR M1 CC2
06-11-370-005 1205 RIVERVIEW DR M1 CC2
06-11-370-004 1209 RIVERVIEW DR M1 CC2
06-11-370-007 1217 RIVERVIEW DR M1 CC2
06-10-479-001 1523 RIVERVIEW DR CN-1/CC/M1 CC2
06-10-449-003 1611 RIVERVIEW DR CC CC2
06-10-444-004 1615 RIVERVIEW DR CN-1/CC CC2
06-10-444-010 1721 RIVERVIEW DR CC CC2
06-10-428-001 1725 RIVERVIEW DR CN-1/CC CC2
06-10-279-002 2501 RIVERVIEW DR CN-1 CC2
06-22-308-003 1100 S ROSE ST CO LW1
06-22-304-103 1107 S ROSE ST RM36 LW1
06-22-309-101 1111 S ROSE ST CN-1 LW1
06-22-309-102 1123 S ROSE ST CN-1 LW1
06-22-309-103 1135 S ROSE ST CN-1 LW1
06-22-335-001 1141 S ROSE ST UNIT 1 CN-1 LW1
06-22-309-104 1147 S ROSE ST CN-1 LW1
06-18-364-020 212 S SAGE ST CO RM15
06-18-363-101 214 S SAGE ST CO RM15
06-18-313-001 309 N SAGE ST CO RM15
06-18-308-001 311 N SAGE ST CO RM15
06-18-309-002 315 N SAGE ST CO RM15
06-18-309-001 325 N SAGE ST CC/CO CC2
06-18-304-002 401 N SAGE ST CC/CO CC2
06-26-361-007 939 SHERIDAN DR CC LW1
06-26-362-067 1014 SHERIDAN DR CN-1 LW1
06-14-167-002 1014 SHERWOOD AVE CC CC2
06-14-162-020 1015 SHERWOOD AVE CC CC2

06-14-167-004 1018 SHERWOOD AVE CC RD19
06-14-162-005 1019 SHERWOOD AVE CC RD19
06-16-285-032 711 SIMPSN ST M1 RM15
06-16-286-200 712 SIMPSON ST CC RM15
06-16-280-100 818 SIMPSON ST M1 RM15
06-21-113-039 530 SPRAGUE AVE CN-1 LW1
06-34-229-007 3223 ST JOSEPH ST CC RM15
06-34-228-021 3224 ST JOSEPH ST CC RM15
Page 486 of 885

06-34-234-009 3227 ST JOSEPH ST CC/RM15 RM15
06-35-100-018 3224 ST MARYS ST CC RM15
06-35-105-017 3230 ST MARYS ST CC RM15
06-29-132-001 2700 STADIUM DR CC/CC/RM15 CC2
06-29-119-001 2815 STADIUM DR CC CC2
06-29-118-006 2825 STADIUM DR CC CC2
06-29-118-007 2905 STADIUM DR CC CC2
06-29-117-004 2907 STADIUM DR CC CC2
06-30-231-005 3400 STADIUM DR CC RM36
06-30-208-001 3614 STADIUM DR CC RM36
06-16-222-030 914 STAPLES AVE CC/RM15/M1 RM15
06-16-222-019 926 STAPLES AVE CC/M1 RM15
06-16-216-001 1003 STAPLES AVE CC/M1/RM15 CC2
06-16-211-001 1009 STAPLES AVE CC/M1 CC2
06-16-212-020 1103 STAPLES AVE CC/M1 CC2
06-16-206-003 1109 STAPLES AVE CC RS5
06-16-207-005 1113 STAPLES AVE CC RS5
06-16-206-002 1115 STAPLES AVE CC RS5
06-16-206-030 1117 STAPLES AVE REAR CC RS5
06-16-207-030 1117 STAPLES AVE CC RS5
06-16-206-026 1119 STAPLES AVE CC RS5
06-16-207-006 1121 STAPLES AVE CC RS5
06-16-207-007 1123 STAPLES AVE CC RS5
06-22-346-004 110 W STOCKBRIDGE AVE CN-1/RM36 LW1
06-22-359-001 215 W STOCKBRIDGE AVE CN1/RM36 LW1
06-22-377-005 112 E STOCKBRIDGE AVE CN-1 LW1
06-22-377-002 117 E STOCKBRIDGE AVE CN-1/CC LW1
06-22-349-003 209 E STOCKBRIDGE AVE CC/M1 LW1
06-22-379-004 218 E STOCKBRIDGE AVE CC LW1
Page 487 of 885

06-22-460-001 322 E STOCKBRIDGE AVE CC/CN-1 LW1
06-22-421-002 415 E STOCKBRIDGE AVE CC/M1 M1
06-23-379-246 1517 E STOCKBRIDGE AVE CN-1 RM15
06-27-117-115 382 SUMMIT DR CC/Rm15/RS5 RM15
06-27-117-116 386 SUMMIT DR CC/RM15/RS5 RM15
06-35-115-005 915 SUNNOCK AVE CO LW1
06-27-184-002 2116 SUPERIOR AVE CN-1 RM15
06-30-131-001 1802 TRAY LN CC RM36
06-22-330-003 128 VANDER SALM CT CN-1 LW1
06-26-352-111 947 VASSAR DR CN-1 LW1
06-26-357-110 952 VASSAR DR CN-1 LW1
06-21-294-037 513 VILLAGE ST CN-1/CO/RM15 LW1
06-21-289-205 518 VILLAGE ST CN-1 LW1
06-22-155-003 440 W VINE ST CN-1 LW1
06-22-155-002 444 W VINE ST CN-1 LW1
06-22-155-012 447 W VINE ST CN-1 LW1

06-21-284-001 509 W VINE ST CN-1 Nhood Node
06-21-284-104 517 W VINE ST CN-1 LW1

06-22-258-009 602 E VINE ST M1 LW2
06-22-264-049 616 E VINE ST REAR M1 LW2
06-22-264-006 616 E VINE ST M1 LW2
06-22-264-005 632 E VINE ST M1 LW2
06-22-264-004 634 E VINE ST M1 LW2
06-22-280-102 638 E VINE ST M1 LW2
Page 488 of 885

06-22-280-013 643 E VINE ST M1 LW2
06-22-280-101 646 E VINE ST M1 LW2
06-22-280-012 647 E VINE ST M1 LW2
06-22-280-002 656 E VINE ST M1 LW2
06-22-280-022 657 E VINE ST M1 LW2
06-22-280-001 658 E VINE ST M1 LW2
06-22-281-006 707 E VINE ST M1 LW1
06-22-281-005 711 E VINE ST M1 LW1
06-22-281-084 715 E VINE ST M1 LW1
06-22-277-004 717 E VINE ST M1 LW1

06-22-282-002 720 E VINE ST M1 LW2
06-22-277-085 721 E VINE ST M1 LW1

06-22-282-001 726 E VINE ST M1 LW2
06-22-277-003 727 E VINE ST M1 LW1
06-22-277-086 729 E VINE ST M1 LW1
06-22-277-087 733 E VINE ST M1 LW1

06-22-282-080 738 E VINE ST M1 LW2
06-22-277-001 739 E VINE ST M1 LW1

06-22-283-081 740 E VINE ST M1 LW2
06-22-278-088 741 E VINE ST M1 LW1

06-22-283-001 744 E VINE ST M1 LW2
06-22-278-089 745 E VINE ST M1 LW1
06-22-278-001 749 E VINE ST M1 LW1

06-22-283-082 750 E VINE ST M1 LW2
06-22-278-090 753 E VINE ST M1 LW1

06-21-280-021 812 W VINE ST CN-1 LW1
06-21-280-009 814 W VINE ST CN-1 RM15
06-21-259-011 818 W VINE ST CN-1 RM15
06-21-254-002 820 W VINE ST CN-1 RM15
06-23-156-020 924 E VINE ST M1 LW1
06-23-151-001 925 E VINE ST M1 LW1
Page 489 of 885

06-23-151-032 929 E VINE ST M1 LW1
06-23-151-002 931 E VINE ST M1 LW1
06-23-152-033 933 E VINE ST M1 LW1
06-23-156-018 934 E VINE ST M1 LW1
06-23-157-004 935 E VINE ST M1 LW1
06-23-152-034 1001 E VINE ST M1 LW1
06-23-157-017 1002 E VINE ST M1 LW1
06-23-152-035 1003 E VINE ST M1 LW1
06-23-157-018 1008 E VINE ST M1 LW1
06-23-157-002 1012 E VINE ST M1 LW1
06-23-152-002 1013 E VINE ST M1 LW1
06-23-152-036 1015 E VINE M1 LW1
06-23-157-015 1016 E VINE ST M1 LW1

06-23-152-001 1019 E VINE ST CN1/M1 LW1
06-23-157-001 1020 E VINE ST CN-1 LW1
06-23-158-014 1022 E VINE ST CN-1 LW1
06-23-153-038 1029 E VINE ST CN-1 LW1
06-23-158-013 1030 E VINE ST CN-1 LW1
06-23-154-010 1115 E VINE ST CN-1 LW1
06-23-181-006 1301 E VINE ST CC LW2
06-23-181-007 1303 E VINE ST CC LW2
06-23-182-006 1315 E VINE ST CC LW2
06-23-178-002 1443 E VINE ST CC LW2
06-23-178-003 1503 E VINE ST CC LW2
06-23-178-005 1507 E VINE ST CC LW2
06-23-179-001 1515 E VINE ST CC/M1 LW2

06-11-206-002 2510 VIRGINIA AVE CN-1 CC2
Page 490 of 885

06-15-402-005 423 WALBRIDGE ST CMU LW2
06-15-258-309 713 WALBRIDGE ST CMU/LW1 LW2
06-15-258-120 717 WALBRIDGE ST LW1/CMU LW2
06-15-253-040 810 WALBRIDGE ST RMU/CMU LW2
06-15-203-001 1120 WALBRIDGE ST RMU LW2
06-22-326-005 107 WALL ST CC RM36
06-22-326-004 111 WALL ST CC RM36
06-22-303-011 217 WALL ST CO/LW1 RM36
06-22-303-010 301 WALL ST CO RM36
06-22-303-107 311 WALL ST CO RM36
06-22-302-010 315 WALL ST CO RM36
06-22-302-009 319 WALL ST CO RM36
06-22-115-040 437 W WALNUT ST CO LW1
06-22-115-050 447 W WALNUT ST CO LW1
06-22-214-005 612 E WALNUT M1 LW2
06-21-219-017 832 W WALNUT ST CN-1 RM15
06-21-219-022 833 W WALNUT ST CN-1 LW1
06-21-219-004 837 W WALNUT ST CN-1 LW1
06-22-258-001 809 WALTER ST M1 LW2
06-22-263-044 823 WALTER ST M1 LW2
06-22-264-003 827 WALTER ST M1 LW2
06-22-263-046 833 WALTER ST M1 LW2
06-22-269-003 837 WALTER ST M1 LW2
06-22-269-047 841 WALTER ST M1 LW2
06-22-269-051 903 WALTER ST M1 LW2
06-22-269-001 907 WALTER ST M1 LW2
06-22-269-052 909 WALTER ST M1 LW2
06-22-269-053 913 WALTER ST M1 LW2
06-22-274-002 923 WALTER ST M1 LW2
Page 491 of 885

06-22-402-001 1000 WALTER ST CC/M-1 LW2
06-22-274-001 1007 WALTER ST M1 LW2
06-22-274-057 1009 WALTER ST M1 LW2
06-22-404-003 1011 WALTER ST M1 LW2
06-22-404-014 1015 WALTER ST M1 LW2
06-22-404-002 1019 WALTER ST M1 LW2

06-23-315-132 807 WASHINGTON AVE CC LW1
06-16-434-010 411 N WESTNEDGE AVE CC/M1 LW2

06-22-165-010 438 WESTNEDGE CT CN-1 LW1
06-22-120-051 615 S WESTNEDGE AVE CO LW1
06-22-150-001 709 S WESTNEDGE AVE CN-1 LW1
06-21-284-103 802 S WESTNEDGE AVE CN-1 Nhood Node
Page 492 of 885

06-22-165-014 913 S WESTNEDGE AVE CN-1/CO LW1
06-22-165-005 917 S WESTNEDGE AVE CO/RM36 LW1
06-21-294-002 918 S WESTNEDGE AVE CO/CN1 LW1
06-21-294-001 924 S WESTNEDGE AVE LW1 LW1
06-22-310-006 1201 S WESTNEDGE AVE CN1 LW1
06-22-310-007 1211 S WESTNEDGE AVE CO/CN1 LW1
06-10-365-227 1332 N WESTNEDGE AVE CN-1 LW1
06-21-484-001 1502 S WESTNEDGE AVE CN-1/CC LW1
06-22-355-001 1509 S WESTNEDGE AVE CN-1/CC LW1
06-22-360-001 1517 S WESTNEDGE AVE CC LW1
06-22-360-004 1609 S WESTNEDGE AVE CC LW1
06-21-499-006 1710 S WESTNEDGE AVE CC Com Node
06-10-306-002 1738 N WESTNEDGE AVE CN-1/RS5 LW1
06-28-229-003 1804 S WESTNEDGE AVE CC CC2
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06-10-301-001 1920 N WESTNEDGE AVE CN-1/RM15 LW1
06-27-355-234 2901 S WESTNEDGE AVE CC/CO CC2

06-33-229-001 3200 S WESTNEDGE AVE CC/RM15 Com Node
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06-33-229-004 3218 S WESTNEDGE AVE CC/CO/RM15 Com Node
06-34-100-004 3227 S WESTNEDGE AVE CC/CO Com Node
06-33-238-026 3320 S WESTNEDGE AVE CC/CN1/RM15 CC2
06-34-112-001 3333 S WESTNEDGE AVE CC/CO/RM15 CC2
06-33-239-002 3334 S WESTNEDGE AVE REAR CN-1/CC CC2
06-33-239-032 3402 S WESTNEDGE AVE CN-1/CC CC2
06-33-434-001 3938 S WESTNEDGE AVE CN-1 CC2
06-33-444-002 4100 S WESTNEDGE AVE CO CC2
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06-34-361-020 4341 S WESTNEDGE AVE O CC2
06-21-429-004 510 WHEATON AVE CO RM15
06-21-434-101 513 WHEATON AVE CO RM15
06-21-429-005 514 WHEATON AVE CO RM15
06-27-361-244 435 WHITCOMB ST CC/CO CC2
06-27-360-231 448 WHITCOMB ST CC/CO RS5
06-28-488-001 529 WHITCOMB ST CC CC2
06-28-488-002 533 WHITCOMB ST CC/CO CC2
06-28-488-003 611 WHITCOMB ST CO CC2
06-28-494-004 516 WHITES RD CC CC2

06-28-492-002 628 WHITES RD CO/RM15 RM15
06-29-499-027 1803 WHITES RD CN-1 CC2
06-29-499-023 1817 WHITES RD CN-1 CC2
06-29-489-001 1850 WHITES RD STE 1 CN-1/RM15 CC2
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06-29-488-001 1900 WHITES RD CN-1/RM15 CC2
06-29-493-001 1912 WHITES RD CN-1 CC2
06-29-497-013 1927 WHITES RD CN-1 CC2
06-29-496-005 1933 WHITES RD CN-1 CC2
06-29-496-003 1937 WHITES RD CN-1 CC2
06-29-496-002 2009 WHITES RD CN-1 CC2
06-29-491-001 2020 WHITES RD CN-1 Com Node

06-29-495-002 2025 WHITES RD CN-1 Com Node
06-15-272-109 411 E WILLARD ST CMU LW2
06-15-171-101 436 W WILLARD ST M1 LW2
06-30-266-001 3700 WINCHELL AVE CC RM15
RR-15-213-001 RMU LW2
RR-15-426-002 CMu LW2
RR-15-428-002 CMu LW2
RR-14-300-009 CMu LW2
RR-23-116-001 CN1/M1/RM15 LW1
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ORDINANCE NO. ________________
AN ORDINANCE TO REPEAL CHAPTER 3 “OVERLAY ZONING DISTRICTS; REPEAL

SECTIONS 6.1, 6.2, 6.3, and 6.4 OF CHAPTER 6 “GENERAL DEVELOPMENT
STANDARDS”; RENUMBER SECTION 6.5 OF CHAPTER 6 “GENERAL DEVELOPMENT
STANDARDS”; REPEAL CHAPTER 7 “SIGNS”; AND REPEAL CHAPTER 9
“NONCONFORMITIES” OF APPENDIX A “ZONING” OF THE KALAMAZOO CITY CODE OF
ORDINANCES
Section 1. Chapter 3 “Overlay Zoning Districts”, Sections 6.1, 6.2, 6.3, and 6.4 of
Chapter 6 “General Development Standards”, Chapter 7 “Signs” and Chapter 9 “Nonconformities”
of Appendix A of the Kalamazoo City Code of Ordinances are repealed in their entirety.
Section 2. Section 6.5 of Chapter 6 of Appendix A of the Kalamazoo City Code of

Ordinances shall be renumbered Section 6.1.


Chapter shall control in the event of any inconsistency or conflict between this Chapter and any
other provision of any other Ordinance of the City.
ordinance amending Chapter 50 “Zoning” of the Kalamazoo City Code of Ordinances addressing
the same matters as the Chapters and Sections repealed by this ordinance is adopted by the City
CERTIFICATE
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of said City.
_________________________________
_________________________________
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City of Kalamazoo, MI
Appendix A ZONING ORDINANCE
CHAPTER 1 CHAPTER 4
General Provisions Use Regulations
§ 1.1. Title. § 4.1. .

§ 1.2. Authority. § 4.2. Use-Specific Standards.
§ 1.3. Effective Date. § 4.3. Accessory and Temporary
Uses and Structures.
§ 1.4. Applicability and
Jurisdiction.
§ 1.5. Purpose and Intent. CHAPTER 5
§ 1.6. Interpretation. Density/Intensity/Dimensional
§ 1.7. Conflicting Provisions. Standards
§ 1.8. Zone District Map.
§ 5.1. Residential District Standards.
§ 1.9. Transitional Provisions.
§ 5.2. Commercial and
CHAPTER 2 Manufacturing District
Base Zoning Standards.
Districts § 5.3. Measurements, Computations
and Exceptions.
§ 2.1. Districts Established.
§ 2.2. R, Residential Districts. CHAPTER 6
§ 2.3. C, Commercial Districts. General Development Standards
§ 2.4. M, Manufacturing Districts.
§ 6.1. (Reserved)
§ 2.5. Special Purpose Districts.
§ 6.2. Landscaping and Open Spaces.
CHAPTER 3 § 6.3. Screening and Fences.
Overlay Zoning § 6.4. Lighting.
Districts § 6.5. Design Standards.
§ 6.6. Operational
§ 3.1. The Districts. Performance
§ 3.2. NC-O, Standards.
Neighborhood
Conservation CHAPTER 7
Overlay. Signs
§ 3.3. Standards for Traditional
Housing Density Overlay § 7.1. Purpose.
(THD- O). § 7.2. Applicability.
§ 3.4. PUD-O, Planned Unit § 7.3. On-Premises Signs.
Development Overlay § 7.4. Off-Premises Signs.
District. § 7.4A. Off-Premises
§ 3.5. HP-O, Historic Internally
Preservation Overlay. Illuminated
§ 3.6. RF-O, Riverfront Overlay. Automatic
Changeable Copy
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Signs.
§ 7.5. Illumination of On-Premises
and Off-Premises Signs.
§ 7.6. Murals.
CHAPTER 8
Review and Approval Procedures
§ 8.1. General Provisions.

§ 8.2. Public Hearing Procedures.
§ 8.3. Specific Standards and
Applications for
Development Approval.
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CHAPTER 9
Nonconformiti
es
§ General.
9.1.
§ Nonconforming Uses.
9.2.
§ Nonconforming Structures.
9.3.
§ Nonconforming Lots.
9.4.
§ Nonconforming Signs.
9.5.
§ Elimination of Nonconforming
9.6. Use by City.
CHAPTER 10
Violations, Penalties and
Enforcement
§ 11.9. Hearing Officer.

§ 10.1. Enforcement.
§ 10.2. Violations. CHAPTER 11
§ 10.3. Penalties. Review and
§ 10.4. Remedies and Decisionmaking Bodies
Enforcement Powers. § 11.1. City Commission.
§ 10.5. Enforcement Procedures. § 11.2. Planning Commission.
§ 10.6. Revocation. § 11.3. Zoning Board of Appeals.
§ 11.4. Site Plan Review
Committee
(SPRC).
§ 11.5. Downtown Design Review
Committee (DDRC).
§ 11.6. City Planner.
§ 11.7. Zoning Inspector.
§ 11.8. City Attorney.
CHAPTER 12
Definitions and Use
Categories
§ 12.1. Rules of Construction.

§ 12.2. Use Categories.
§ 12.3. Definitions and Use Categories.
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[HISTORY: Adopted by the City Commission of the City of Kalamazoo 7-18-2005 by Ord. No.
17871. Amendments noted where applicable.]

Page 503 of 885
1. Editor's Note: This ordinance also repealed former Appendix A – Zoning Ordinance,
adopted 4-12-1954 by Ord. No. 439, as amended. Ordinance No. 1787 became effective
10-18-2005.
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GENERAL REFERENCES
Planning Commission — See Ch. 2, Art. IV. Wastewater discharge regulations and
enforcement procedures — See Ch. 28
Kalamazoo Historic Preservation
Stormwater system — See Ch. 29
Commission — See Ch. 2, Art. V Buildings
Soil erosion and sedimentation
and building regulations — See Ch. 9
control — See Ch. 30 Streets and
Cemeteries — See
other public grounds — See Ch. 33
Ch. 10 Filling
Swimming pools — See Ch. 34
stations — See Ch.
Water — See
14
Ch. 38 Trees —
Fire prevention and protection —
See Ch. 42
See Ch. 15 Historic districts —
Telecommunications — See
See Ch. 16
Ch. 45 Sexually oriented
Housing Code —
businesses — See Ch. 46
See Ch. 17 Land
Land subdivision standards — See Appendix B
division — See Ch.
20A Noise — See
Ch. 21

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STATUTORY REFERENCES
Michigan Zoning Enabling Act — See Medical Marihuana Facilities Licensing Act – See
MCLA § 333.27101 et seq.
MCLA § 125.3101 et seq. Public Health
Marijuana Tracking Act – See MCLA §
Code – See MCLA § 333.1101 et seq.
333.27901 et seq. Assaultive crimes and bail
Medical Marihuana Act – See MCLA §
333.26421 et seq.
– See MCLA § 770.9a

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§ 1.1 § 1.5
CHAPTER 1
General
Provisions
§ 1.1. Title.
These regulations shall be officially known as the "City of Kalamazoo Zoning Ordinance," and may be
referred to as "the Ordinance" or "this Ordinance."
§ 1.2. Authority.
This Ordinance is enacted pursuant to the powers granted by laws of the state of Michigan, including the
statutory authority granted in the Michigan City and Village Zoning Act, Public Act 207 of 1921, as
amended (Michigan Compiled Law (MCL) § 125.581 et seq., as amended) and other relevant laws of the
state.
§ 1.3. Effective Date.

This Ordinance was adopted by the City Commission of the City of Kalamazoo on July 18, 2005. This
Ordinance became effective on October 18, 2005, 90 days after adoption by City Commission.
§ 1.4. Applicability and Jurisdiction.

A. General. The provisions of this Ordinance shall apply to all development and the use of all land and
structures on all lands and waters within the City of Kalamazoo, including land owned by county,
state or federal agencies to the extent permitted by law.
B. Application to City. Use of all structures and land owned by the City or by City agencies or
departments shall be permitted uses in all zoning districts. Such uses shall comply with density,
intensity and dimensional standards of Chapter 5 unless specifically waived or modified by the
Zoning Board of Appeals or by resolution of the City Commission.
C. No Development until Compliance with this Ordinance. No structure, land or water, shall be used
and no structure or part of a structure shall be located, erected, moved, reconstructed, extended,
converted or structurally altered except for normal repairs of existing structures, without full
compliance with the provisions of this Ordinance and all other applicable city, state and federal
regulations.
§ 1.5. Purpose and Intent.

A. General. This Ordinance is adopted to guide and regulate the appropriate use or development of all
lands and structures in a manner that will promote the public health, safety and general welfare.
B. Specific. These regulations are specifically intended to:
1. Classify all land in such manner as to reflect its suitability for particular uses.
2. Regulate the location, construction, reconstruction, alteration, and use of buildings, structures,
and land.
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3. Ensure adequate light, air, privacy, and convenience of access to property.
4. Conserve property values.
5. Protect all areas of the City from harmful encroachment by incompatible uses.
6. Prevent the overcrowding of land with buildings.
7. Avoid undue congestion of population.
8. Fix reasonable standards to which buildings, structures and uses shall conform.
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§ 1.5 § 1.6
9. Lessen congestion in the public streets by providing for off-street parking of motor vehicles
and for off- street loading and unloading of commercial vehicles.
10. Facilitate the adequate provision of transportation, water, sewage disposal, education,
recreation, and other public facilities.
11. Provide for the elimination of nonconforming buildings and structures and for the
elimination of nonconforming uses of land.
12. Promote a desirable visual environment through creative development techniques and good
civic design and arrangement.
13. Protect natural resources and environmentally sensitive areas.
14. Define the powers and duties of the administrative officers and review bodies.
15. Provide penalties for violations of the provisions of this Ordinance or any subsequent
amendment.
§ 1.6. Interpretation.
A. Authority for Interpretation. The City Planner is responsible for interpreting the text of this Ordinance
in accordance with the standards set forth in this section and applicable Ordinance standards and
requirements, and applicable state law. Interpretations made by the City Planner may be appealed to
the Zoning Board of Appeals.
B. Meaning and Intent. All provisions, terms, phrases, and expressions contained in this Ordinance shall
be construed according to this Ordinance's stated purpose and intent, and applicable state law.
C. Text Controls. In case of any difference of meaning or implication between the text of this Ordinance
and any heading, drawing, table, or figure, the text shall control.
D. Statutory References. All references to state law in this Ordinance refer to the Michigan Compiled
Law (MCL), as amended.
E. Computation of Time. Periods of time defined by a number of days shall mean a number of
consecutive calendar days. Any deadline that falls on a weekend or national holiday shall be extended
to the next business day.
F. Delegation of Authority. Whenever a provision appears requiring the head of a department, City
Planner, or another officer or employee of the City to perform an act or duty, that provision shall be
construed as authorizing the department head or officer to delegate the responsibility to subordinates,
unless the terms of the provision specify otherwise.
G. Technical and Nontechnical Words. Words and phrases not otherwise defined in this Ordinance shall
be construed according to the common and approved usage of the language, but technical words and
phrases not otherwise defined in this Ordinance that may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such meaning.
H. Mandatory and Discretionary Terms. The words "shall" and "must" are always mandatory, and the
words "may" or "should" are always permissive.
I. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as
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§ 1.5 § 1.6
follows:
(1) "And" indicates that all connected items, conditions, provisions, or events shall apply; (2) "Or"
indicates that one or more of the connected items, conditions, provisions, or events shall apply.
J. Tense and Usage. Words used in one tense (past, present, or future) include all other tenses, unless the
context clearly indicates the contrary. The singular shall include the plural, and the plural shall
include the singular.
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§ 1.6 § 1.9
K. Gender. The masculine shall include the feminine.
§ 1.7. Conflicting Provisions.

A. Conflict with State or Federal Regulations. If the provisions of this Ordinance are inconsistent with
those of the state or federal government, the more restrictive or specific provision shall control, to the
extent permitted by law.
B. Conflict with Other City Regulations. If the provisions of this Ordinance are inconsistent with one
another or if they conflict with provisions found in other adopted City ordinances, development plans
or historic regulations of the City, the more restrictive provision shall control.
C. Conflict with Private Agreements. It is not the intent of this Ordinance to interfere with, abrogate, or
annul any easement, covenant, deed restriction, or other agreement between private parties. If the
provisions of this Ordinance impose a greater restriction than imposed by a valid private agreement,
the provisions of this Ordinance will control. If the provisions of a valid private agreement impose a
greater restriction than this Ordinance, the provisions of such private agreement shall control. The
City shall not be responsible for monitoring or enforcing private agreements, to the extent allowed
by law.
§ 1.8. Zone District Map.

A. Zone District Map. The Zone District Map designates the location and boundaries of the various zone
districts established in this Ordinance within the City and is incorporated into this Ordinance by
reference. The Zone District Map shall be kept on file in the office of the City Planner and is available
for public inspection during normal business hours.
B. Incorporated by Reference. The Zone District Map and all the notations thereon are hereby
incorporated by reference and made part of this Ordinance.
C. Zone District Boundaries. Unless otherwise specified, zone district boundaries are lot lines or the
center line of streets, alleys, railroad rights-of-way, or such lines extended. Where a zone district
boundary divides a land parcel under a single ownership into two or more zone districts, then the
entire parcel shall be zoned to the district that consists of the most land area on the entire parcel.
Boundaries indicated as parallel to, or extensions of, features indicated above shall be so construed.
Distances not specifically indicated on the Official Zone District Map shall be determined by the
scale of the map, if not indicated in the text of this Ordinance. Where physical or natural features
existing on the ground are at variance with those shown on the Zone District Map, or in other
circumstances are not covered above, the City Planner shall interpret the zone district boundaries.
This paragraph shall not apply to any parcel that was purposefully rezoned in a manner where a zone
district boundary divides a land parcel for the purpose of providing a buffer between land uses.
[Amended 3-19-2007 by Ord. No. 1822]
D. Boundary Disputes. The City Planner shall have the authority to interpret the Zone District Map and
determine where the boundaries of the different zone districts fall, if in dispute. The interpretation of
the district boundaries by the City Planner may be appealed to the Zoning Board of Appeals pursuant
to § 8.3F: Appeals of Administrative Decisions.
E. Changes to Zone District Map. Changes made in zone district boundaries or other matters portrayed
on the Zone District Map shall be made in accordance with the provisions of this Ordinance (See §
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§ 1.6 § 1.9
8.3B: Amendments to Text of Ordinance or Zone District Map). Changes shall be entered on the Zone
District Map promptly after the amendment has been approved by the City Commission with an entry
on the Zone District Map. No amendment to this Ordinance that involves matters portrayed on the
Zone District Map shall become effective until after such change entries are made on the Zone District
Map by the City Planner.
§ 1.9. Transitional Provisions.
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§ 1.9 § 1.9
A. Violations Continue. Any violation occurring under the previous Zoning Ordinance, which was
repealed on October 18, 2005, will continue to be a violation under this Ordinance and be subject to
penalties and enforcement pursuant to Chapter 10: Violations, Penalties and Enforcement, unless the
use, development, construction, or other activity complies with the provisions of this Ordinance.
B. Nonconformities Under Prior Ordinance. Any nonconformity under the previous Zoning Ordinance,
which was repealed on October 18, 2005, will also be a legal nonconformity under this Ordinance,
as long as the situation that resulted in the nonconforming status under the previous Ordinance
continues to exist If a nonconformity under the previous Ordinance becomes conforming because of
the adoption of this Ordinance, then the situation will no longer be a nonconformity.
C. Approved Projects.
1. Validity. Except for Planned Unit Developments approved prior to October 18, 2005 (See §
1.9D: Planned Unit Developments Approved Prior to October 18, 2005), permits and approvals
that are valid on October 18, 2005 shall remain valid until their expiration date. Projects with
valid approvals or permits may be carried out in accordance with the development standards in
effect at the time of approval, provided that the permit or approval is valid and has not lapsed.
2. Changes. No provision of this Ordinance shall require any change in the plans, construction, or
designated use of any structure for which a building permit has been issued prior to October 18,
2005.
3. Extensions. The decision-making body that granted original approval may renew or extend the
time of a previous approval if the required findings or standards for approval remain valid. Any
extension granted shall not exceed the time specified for the extension of the specific permit
approval in Chapter 8: Review and Approval Procedures.
4. Reapplication. Any reapplication for an expired project approval shall meet the standards in
effect at the time of re-application.
D. Planned Unit Developments (PUDs) Approved Prior to October 18, 2005.
1. Final approval required. Any Planned Unit Development (PUD) approved prior to October 18,
2005, shall remain valid until its expiration date if it has received final approval for at least one
phase of the PUD prior to October 18, 2005. PUDs that receive final approval for at least one
phase of the PUD prior to October 18, 2005 may be carried out in accordance with the
development standards in effect prior to such date.
2. Final approval not granted. If a PUD approved prior to October 18, 2005 fails to receive final
approval for at least one phase of the PUD within 12 months after October 18, 2005, the PUD
Plan, and PUD Agreement if applicable, shall lapse and become invalid. Prior to proceeding
with any development within such PUD Overlay zone district, the owner or applicant shall be
required to obtain approval of a new PUD Plan through the same procedure required for
approval of the original PUD Plan, and such new PUD Plan shall be required to comply with all
applicable provisions of this Ordinance.
E. Applications in Progress.
1. Completed applications. Complete applications for permits and other approvals, submitted
before October 18, 2005, and pending approval at the time of adoption of this Ordinance on
October 18, 2005, may, at the applicant's option, be reviewed wholly under the terms of the
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§ 1.9 § 1.9
previous Ordinance. If approved, these projects may be carried out in accordance with the
development standards in effect at the time of application. Any re-application for an expired
permit shall meet the standards in effect at the time of re-application.
2. No applications submitted. Projects for which no application has been submitted and accepted
as complete prior to October 18, 2005 shall be subject to all requirements and standards of this
Ordinance.
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§ 1.9 § 1.9
F. Severability. If any section, subsection, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by a Court of competent jurisdiction, for any reason, the remaining portions of this
Ordinance shall not be affected. It is expressly declared that this Ordinance and each section,
subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other
portions of the Ordinance would be declared invalid or unconstitutional.

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§ 1.9 § 1.9
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§ 2.1 § 2.2
CHAPTER 2
Base Zoning
Districts
§ 2.1. Districts Established. [Amended 6-6-2022 by Ord. No. 2049]

The following base zoning districts are established in this Ordinance:
Table 2.1-1 Established Base Zoning Districts

Residential (R) Districts
RS-4 Residential, Single-
RS-5 Dwelling Residential,
RS-7 Single-Dwelling
RD-8 Residential, Single-
RD- Dwelling Residential,
19 Duplex Residential,
RM- Duplex Residential,
15 Multi-Dwelling
RM- Residential, Multi-Dwelling (Campus Area)
15C Residential, Multi-Dwelling
RM-24 Residential, Multi-Dwelling
RM-36 Residential, Mobile Home Park
RMHP Residential, Mixed Use
RMU
Commercial (C) Districts

CMU Commercial, Mixed Use
CNO Commercial, Neighborhood
Office CN-1 Commercial, (Local)
Neighborhood CO Commercial, Office
CN-2 Commercial, Neighborhood (Shopping
Center) CCBDCommercial Central Business
CBTR Commercial, Business, Technology and Research
Manufacturing (M) Districts
M-1 Manufacturing, Limited
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Page 523 of 885
M-2 Manufacturing, General
Special Purpose Districts
P Public
IC Institutional Campus
§ 2.2. R, Residential Districts.

All residential zoning district names begin with the letter “R,” which is a short-hand reference to
“residential.” The second letter of all “R” district map symbols (other than the RMHP district) provides
an indication of the primary characteristic of the district —”S” for single-dwelling, “D” for duplex, and
“M” for multi-dwelling. Residential
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§ 2.2 § 2.2
districts that end with a number provide a short-hand reference to the maximum density allowed in the
district
(expressed in terms of the number of dwelling units allowed per acre of land area). The RM-15 district, for
example, is a residential zoning district that is primarily intended for multi-unit building types, with a
maximum allowed density of 15 units per acre.
A. RS, Residential Single-Dwelling Districts.
1. Description and Purpose. The primary purpose of the RS districts is to accommodate the
development of single dwelling units on individual lots. The districts are intended to create,
maintain and promote primarily owner-occupied housing, although they do permit
nonresidential uses that are compatible with residential neighborhoods.
2. Allowed Uses. See § 4.1: Use Table2, for a list of uses allowed in all R districts.
3. Density/Intensity/Dimensional Standards. See § 5.1: Residential District Standards, for the
Density, Intensity and Dimensional standards that apply in all R districts except the RMHP
district.
4. Development Standards. See Chapter 6: Development Standards, for Development Standards
that apply in all the R districts.
5. Occupancy Limits in RS Districts. An owner-occupied, one-family dwelling unit in any RS
district may be occupied by a family or a maximum of three unrelated adults. [Note: three
unrelated adults are allowed because a family may be defined as any two unrelated adults, and a
family may have one roomer (2+1=3).] The keeping of one roomer in an owner-occupied, one-
family dwelling unit that is occupied by a family is permitted. A non-owner-occupied, one-
family dwelling unit may only be occupied by a family, or a maximum of two unrelated adults.
B. RD, Duplex Districts.
1. Description and Purpose. The primary purpose of the RD districts is to accommodate the
development of two-family dwellings (duplexes or attached houses) and single dwelling units
on individual lots.
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in all R districts.
district.
5. Occupancy Limits in RD Districts. An owner-occupied dwelling unit in any RD district may be
occupied by a family, or a maximum of four unrelated adults. The keeping of one roomer in an
owner-occupied dwelling unit that is occupied by a family is permitted. A non-owner-occupied
dwelling unit may only be occupied by a family or a maximum of four unrelated adults
C. RM, Multi-Dwelling Districts.
1. Description and Purpose.
a) General. The primary purpose of the RM districts is to accommodate the development of
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multi- unit housing (i.e., more than one dwelling unit per lot). The districts are intended to
create, maintain and promote a mix of housing opportunities for City residents.
b) RM-15C. The RM-15C district is intended to protect and enhance those areas developed
or likely to develop with medium-density, multiple-family dwellings close to
institutions of higher
2. Editor's Note: The Use Table is included as an attachment to this chapter.
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§ 2.2 § 2.2
education. The district regulations are designed to promote a suitable environment for a variety
of residential types and provide regulations to address increased off-street parking needs,
ensure building designs that are compatible with a campus community and prevent
overcrowding. The RM-15C district has higher parking requirements for multifamily
dwellings, to reflect the generally higher occupancy of such units near institutions of higher
education.
district.
5. Occupancy Limits in the RM-15C District. An owner-occupied dwelling unit in the RM-15C
district may be occupied by a family or a maximum of six unrelated adults. The keeping of two
roomers in an owner-occupied dwelling unit that is occupied by a family is permitted. A non-
owner-occupied dwelling unit may only be occupied by a family or a maximum of six unrelated
adults.
D. RMHP, Mobile Home Park District.
1. Description and Purpose. The RMHP, Mobile Home Park district is established for the purpose
of providing a specific district for manufactured and mobile homes, manufactured (mobile)
home parks and appropriate accessory and supporting uses. The district is intended to ensure and
promote the health, safety, and welfare of residents by establishing minimum standards for the
location, density, improvement, and design of mobile home parks and subdivisions.
that apply in all the in RMHP district unless such standards are inconsistent with the standards
in Subsection 4 below.
4. Mobile Home Park Development Standards. Mobile Home Park Development in the RMHP
district is subject to the following standards, including all applicable requirements of the Mobile
Home Commission Act, 1987 PA 96, MCLA § 125.2301; MSA 19.855(101), as amended, and
the rules of the Michigan Mobile Home Commission set forth and provided under the Act, as
amended, and the requirements of this section.
a) Minimum Site Area/District Size. Ten acres.
b) Minimum Lot (Mobile Home Space) Area. A mobile home park shall be developed with
sites averaging 5,500 square feet per mobile home unit. This required site size standard may
be reduced by 20%, provided that each individual mobile home site shall be at least 4,400
square feet in area. For each square foot of land gained through the reduction of a site below
5,500 square feet, at least an equal amount of land shall be provided as on-site open space.
This open space shall be in addition to that required under R 125.1946, Rule 946 and R
125.1941 and R 125.1944, Rules 941 and 944 of the Michigan Administrative Code.
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c) Required Separation Distances. The requirements of Rules 941 and 944 of the Michigan
Mobile Home Commission Regulations, as amended must be met for all appropriate
distance and setbacks.
d) Minimum Lot (Mobile Home Space) Width. Forty feet, measured at the minimum front
setback.
e) Minimum Lot (Mobile Home Space) Depth. Eighty feet, measured at the midpoint of the
lot's width.
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§ § 2.2
2.2 f) Maximum Building Height. Thirty-five
feet.
g) Parking. At least two off-street parking spaces shall be provided for each mobile home
dwelling unit. Required parking spaces shall be located on or adjacent to each mobile home
space. Also, visitor parking is required at one parking space per three home sites and shall
be located within 500 feet of the home sites served.
h) Sidewalks. Concrete sidewalks shall be provided along at least one side of all streets within
mobile home parks to accommodate pedestrians in a safe and convenient manner.
Sidewalks shall have a minimum width of four feet.
i) Mobile Home Stands. Every mobile home space shall consist of a concrete pad with a
minimum thickness of four inches and a minimum size that is at least as large as the mobile
home that occupies the space.
j) Utilities. All mobile home parks shall provide for underground installation of utilities
(including electricity and telephone) in both public ways and private extensions of public
ways. All fuel oil tanks shall be located underground and sited in a uniform manner on each
mobile home space. All utilities provided shall comply with the requirements of Rules 929
thru 940a of the Michigan Mobile Home Commission Regulations.
k) Screening. Mobile home parks shall be screened along all sides that are adjacent to streets
and residential zoning districts by fences or walls. Mobile home park boundaries that are
adjacent to streets must include fences or walls with trees and shrubs planted along the
exterior of the fence or wall. Trees shall be spaced no more than 30 feet apart and shrubs
shall be installed to ensure a solid hedge at least three feet in height within one year of
planting.
l) Skirting. Mobile home dwelling units shall be skirted and skirting must be maintained so
as not to provide a harborage for rodents or create a fire hazard. All requirements of Rule
604 of the Michigan Mobile Home Commission Requirements pertaining to skirting must
also be met.
m) Storm Shelter. Mobile home parks shall have a shelter for the protection of persons within
the park in case of storm or disaster. Such shelter shall be placed below grade level or
within a structure that is able to withstand the effects of tornados and other storm elements.
Storm shelters must be centrally located within the park and clearly identified as an
emergency shelter for park residents. The shelter shall be engineered and architecturally
designed in accordance with City of Kalamazoo Building Codes. The shelter shall contain
a minimum area of at least five square feet per mobile home unit (to be computed based
upon the maximum number of units planned for the park in its ultimate configuration) or
two square feet per capita (a maximum number of persons per dwelling to equal 2.5 for the
purposes of computation), whichever is greater.
n) Site Plan Review and Other Approvals.
1) Prior to development of mobile home parks, a Full site plan shall be approved pursuant
to the procedures and standards of § 8.3H: Site Plan.
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2) Prior to developing a mobile home park and commencing work thereon, all
requirements of this Ordinance shall be met and a building permit shall be issued
pursuant to the requirements of the City's Building Code. In addition, no physical
improvements shall be made and no building or structure shall be erected, altered,
repaired, or added to unless a written permit has been previously secured and the plans
for that improvement have been reviewed and approved by the Planning Commission.
o) Mobile Home Subdivision Development Standards. If the area proposed for a mobile home
park is determined to be a subdivision, the applicant shall comply with the procedural and
substantive requirements of the City's Subdivision Ordinance.
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§ 2.2 § 2.3
p) Existing Mobile Home Parks and Subdivisions. Mobile home parks or subdivisions developed
prior to January 5, 1970, shall not be governed by this Ordinance unless specifically stated
in this Ordinance (a mobile home park or subdivision shall be considered to be developed
prior to January 5, 1970 if it was approved by the State Health Commissioner prior to
January 5, 1970); provided, however, that no existing mobile home park shall be permitted
to expand or have placed a greater number of mobile homes within its existing boundaries
unless these additional units conform to all of the standards and requirements of this
Ordinance; and provided further that any existing mobile home park shall not be expanded
beyond its present or existing developed boundaries unless the new area developed
conforms to all the standards and requirements of this Ordinance.
E. RMU, Residential Mixed Use.
1. Description and Purpose. The RMU, Residential Mixed Use district is intended to accommodate
a variety of styles and densities of single-family, duplex, and multifamily residential dwelling
units, live- work units, public and civic uses, and neighborhood scale commercial uses. This
district is intended to be used in areas where the predominant character of development is
residential, but separation of residential and nonresidential uses is not necessary, and the
intention is for a broader mix of residential and nonresidential uses in the future. The RMU
district will generally be used in conjunction with an overlay district specifying in more detail
the intended scale, density, and style of permitted development.
2. Allowed Uses. See § 4.1: Use Table3, for a list of uses allowed in all R districts.
district.
5. Occupancy Limits in RMU Districts. An owner-occupied, one-family dwelling unit in any RMU
district may be occupied by a family or a maximum of three unrelated adults. [Note: Three
unrelated adults are allowed because a family may be defined as any two unrelated adults, and a
family may have one roomer (2+1=3).] The keeping of one roomer in an owner-occupied, one-
family dwelling unit that is occupied by a family is permitted. A non-owner-occupied, one-
family dwelling unit may only be occupied by a family, or a maximum of two unrelated adults.
§ 2.3. C, Commercial Districts.

All commercial zoning district names begin with the letter "C," which is a short-hand reference to
"commercial." Subsequent letters of the commercial district map symbols are abbreviations indicating the
general character of the district or simply abbreviations of the full district name. Numbers, where used, are
intended to identify the relative intensity of similar districts. Thus, the CN-1 district name is intended to
denote a commercial zoning district, with a neighborhood-oriented or neighborhood-serving character that
is less intensive than its CN-2 counterpart.
A. CMU, Commercial Mixed Use.
1. Description and Purpose. The CMU, Commercial Mixed Use district is intended to
accommodate a variety of styles and densities of commercial land uses, as well as duplex and
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multifamily units and public and civic uses. This district is intended to be used in areas where
the predominant character of development is nonresidential, but separation of residential and
nonresidential uses is not necessary, and the intention is for a broader mix of residential and
nonresidential uses in the future. The CMU district will generally be used in conjunction with
an overlay district specifying in more detail the intended scale, density, and style of permitted
development.
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§ 2.3 § 2.3
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the CMU
district.
3. Density/Intensity/Dimensional Standards. See § 5.2: Commercial and Manufacturing District

Standards, for the Density, Intensity and Dimensional standards that apply in the CMU district.
4. Development Standards. All development in the CNO district that includes neighborhood
commercial uses shall comply with those design standards in § 6.5A: Neighborhood
Commercial, and all development in the CNO district shall comply with all other applicable
requirements of Chapter 6: Development Standards.
B. CNO, Commercial Neighborhood Office District.
1. Description and Purpose. The CNO, Commercial Neighborhood Office district is primarily
intended to accommodate low-intensity administrative and professional offices that are
compatible with the character of residential neighborhoods. The district is also intended to be
used as a transition district between higher intensity commercial areas and residential
neighborhoods. The district allows administrative and professional office uses in structures that
formerly housed residential dwelling units. Residential uses are also allowed in the district when
located in a mixed-use structure (one containing office and residential uses).
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the CNO district.
Standards, for the Density, Intensity and Dimensional standards that apply in the CNO district.
4. Design and Development Standards. All development in the CNO district shall comply with
those design standards in § 6.5A: Neighborhood Commercial, as well as with all other applicable
C. CN-1, Local Neighborhood Commercial District.
1. Description. The CN-1, Local Neighborhood Commercial district is primarily intended to
encourage the development of very small scale retail sales and personal service uses within or
very near residential neighborhoods. The regulations and standards promote pedestrian-oriented
development at an intensity level that is compatible with surrounding residential areas. Uses are
restricted in size to promote a local orientation and to limit adverse impacts on nearby residential
areas.
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the CN-1 district.
Standards, for the Density, Intensity and Dimensional standards that apply in CN-1 districts.
4. Design and Development Standards. All development in the CN-1 district shall comply with
D. CO, Commercial Office District.
1. Description. The CO, Commercial Office district is generally intended to function as a medium-
to high- intensity office district primarily along arterial streets. The district is intended to prevent
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strip commercial development by allowing office uses but not other commercial uses and to
serve as a land use buffer between major streets and residential neighborhoods. It may also be
an appropriate land use buffer between higher intensity commercial areas and residential
neighborhoods.
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the CO district.
Standards,
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§ § 2.3
2.3 for the Density, Intensity and Dimensional standards that apply in CO
districts.

that apply in the CO district.
E. CN-2, Neighborhood Shopping Center District.
1. Description. The CN-2, Neighborhood Shopping Center district is primarily intended to
encourage the development of small-scale retail sales and personal service uses at convenient
locations that primarily serve nearby residential neighborhoods. The standards for the CN-2
district promote pedestrian-oriented development at an intensity level that is compatible with
surrounding residential areas. Uses are restricted in size to promote a local orientation and to
limit adverse impacts on nearby residential areas.
2. Allowed Uses. See § 4.1: Use Table4, for a list of uses allowed in the CN-2 district.
Standards, for the Density, Intensity and Dimensional standards that apply in CN-2 district.
4. Design and Development Standards. All development in the CN-2 district shall comply with
standards of Chapter 6: Development Standards.
F. (Reserved)5
G. CCBD, Central Business District.
1. Description. The CCBD, Commercial Central Business District is designed to accommodate
those retail, service and office uses which are characteristic of the "downtown" area of the City.
The district regulations are designed to establish and preserve the central business district as the
principal office and retail center of the City.
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the CCBD district.
Standards, for the Density, Intensity and Dimensional standards that apply in the CCBD district.
4. Height. Maximum building heights in the CCBD district shall be as shown in the Exhibit on the
following page, which allows for taller buildings near the historic core of the City and restricts
heights to lower levels at the edges of the district near surrounding zone districts.
a) Area A. Area A is the darker shaded central core area. Primary structures in Area A shall
be a minimum of two stories in height, and shall not be subject to a maximum height limit.
b) Area B. Area B is the lighter grey shaded area outside the central core area bounded by a
solid line (but not including any areas included in Area A). Primary structures in Area B
shall be a minimum of two stories in height, and may not be more than two stories taller
than the tallest primary structure on any lot located within 200 feet of any property
boundary of the subject lot.
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4. Editor's Note: Former Subsection F, CC, Community Commercial District, was repealed 6-6-
2022 by Ord. No. 2049.
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§ 2.3 § 2.3
Maximum Building Height
5. Design and Development Standards. All development in the CCBD district shall comply with
those design standards in § 6.5C: CCBD Kalamazoo Downtown Design Guidelines, as well as
with all other applicable provisions of Chapter 6: Development Standards.
H. CBTR, Business, Technology and Research District.
1. Description.
a) The CBTR, Business, Technology and Research district is established for the purpose of:
1) Supporting economic development that is an asset to the community, neighbors and
owners;
2) Promoting and maintaining desirable development activities in a setting that is in
harmony with the surrounding area;
3) Preserving natural features and historic resources;
4) Maintaining and enhancing surface and ground water quality, and
5) Promoting architecturally attractive buildings and structures.
b) The CBTR district is established to provide a high-quality working environment for
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§ 2.3 § 2.3
research and development institutions, offices, and certain specialized production and
assembly establishments along with other special uses, all of a nonnuisance type. The
nature, scale, and function of such uses will be limited and regulated to ensure that they
pose no significant or unusual risk to the
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§ 2.3 § 2.3
public health, safety, and welfare; generate a minimum of noise, heat, glare, odor, dust,
vibration, or other nuisances; do not emit harmful radiation or pollution to the air, water,
or ground; and create a minimum of traffic congestion, or any other safety hazards.
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the CBTR district.
Standards, for the Density, Intensity and Dimensional standards that apply in the CBTR
district.
that apply in the CBTR district unless such standards are inconsistent with the standards in
Subsection 5 below.
5. Additional Standards.
a) Outdoor Activities. All business, servicing, or processing must be conducted within
completely enclosed buildings, except for the following:
1) Off-street parking and off-street loading; and
2) Drive-up service windows for banks and financial institutions.
b) Overall Development Plan. Where two or more development sites are to be developed
together in accordance with an overall plan, or where one development site is to be
subdivided into individual lots, evidence must be submitted, signed by the owners of all
property involved or their legal representatives, showing that the remaining portions of the
property will be developed in accordance with the intent and specific provisions of this
district. This evidence must be submitted prior to site plan approval. Such evidence must
include, at a minimum, the following information:
1) An overall development plan showing the size and layout of proposed individual
development sites and subdivided lots; existing and proposed public streets and
private roadways; existing and proposed utility systems; historic resources to be
preserved; wetlands to be preserved; proposed stormwater management plans for the
development; and other proposed site features such as landscape buffers.
2) Covenants, deed restrictions, or other legally binding agreements showing that
individual development sites and subdivided lots will be improved and developed in
accordance with the building and site improvement requirements of this district.
3) An anticipated schedule for the development of the development site and the
construction of required improvements.
c) Building and Sign Design. The developer must create architectural and design standards
for buildings and signs prior to the division of land or the creation of a condominium
association within the CBTR district. The developer must also establish review procedures
and the categories of membership for an architectural review committee. Prior to the
division of land or the creation of a condominium association within this district, the
architectural and design standards, review procedures and the categories of membership of
the architectural review committee must be submitted to the Planning Commission for
review and approval. All buildings and signs within the development must be reviewed and
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§ 2.3 § 2.3
approved by the architectural review committee prior to the issuance of building permits.
In the alternative, the developer may regulate building and sign design by deed or plat
restrictions, the text of which must be approved by the Planning Commission. In cases
where no architectural review committee procedure has been approved or deed or plat
restrictions text has been approved, all building and sign designs must be reviewed and
approved by the Planning Commission.
d) Site Plan Review Required. Development within the CBTR district is subject to the
procedures and
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§ 2.3 § 2.5
standards of § 8.3H, Site Plan, and § 6.2,
Landscaping.
e) Signs. Signs must comply with the standards of Chapter 7: Signs. [Amended 3-19-2007
by Ord. No. 1822]
f) Parking Lots and Loading Areas. Off-street parking lots and loading areas shall not be
located in required front yard setbacks, but may be located in required side and rear yard
setbacks no closer than 10 feet to the property line. [Added 3-19-2007 by Ord. No. 1822]
§ 2.4. M, Manufacturing Districts.

All manufacturing zoning district names begin with the letter "M," which is a short-hand reference to
"manufacturing." Numbers that follow the letter "M" indicate the relative intensity of uses and/or
development allowed within the districts, with "M-1" indicating a manufacturing district that is less
intensive than the M-2 district.
A. M-1, Limited Manufacturing District.
1. Description. The M-1, Limited Manufacturing district is primarily intended to accommodate low-
impact manufacturing uses and activities that are not significantly objectionable to surrounding
properties, in terms of traffic, noise, odor, smoke and other potential nuisance factors.
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the M-1 district.
Standards, for the Density, Intensity and Dimensional standards that apply in the M-1 district.
that apply in the M-1 district.
B. M-2, General Manufacturing District.
1. Description. The M-2, General Manufacturing district is primarily intended to accommodate
low-, moderate- and high-impact industrial uses and activities and to prevent encroachment by
residential and other uses that would eventually lead to land use conflicts.
2. Allowed Uses. See § 4.1: Use Table, for a list of uses allowed in the M-2 district.
Standards, for the Density, Intensity and Dimensional standards that apply in the M-2 district.
that apply in the M-2 district.
§ 2.5. Special Purpose Districts.

A. P, Public District.
1. Description. The P, Public district is intended to accommodate uses of a governmental or public
service nature, including major public facilities and parks. It offers an alternative district
classification for such uses, thereby increasing development predictability throughout the City,
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especially within residential neighborhoods. The district is generally intended to be applied to
land owned or otherwise controlled by the federal government, the state, the county, the City
and school districts. This designation serves a notice function to those owning or buying land in
proximity to publicly owned land.
2. Use Regulations. See § 4.1: Use Table6, for a list of uses allowed in the P district.
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§ 2.5 § 2.5
3. Density/Intensity/Dimensional
Standards.
a) The density, intensity and dimensional standards of the most restrictive abutting district
apply to all areas of the P district site located within 150 feet of the abutting district. Stricter
standards may be established at the time of site plan or special use approval.
b) For areas of the P district site located more than 150 feet from abutting districts, density,
intensity and dimensional standards must be established as part of the site plan or special
use approval process.
c) If no site plan or special use approval is required, no density or dimensional standards apply
to that portion of a P district site located more than 150 feet from abutting districts.
that apply in the P district.
B. IC, Institutional Campus District.
1. Purpose. The purpose of the IC, Institutional Campus district, is to accommodate large
institutional uses in campus-like settings, such as colleges, schools, hospitals and large religious
assemblies. The IC district is intended to promote and enhance the development and expansion
of educational, medical and other large institutional uses, while minimizing the adverse impacts
that can result when such uses are located near residential neighborhoods.
2. Development Review. All development within the IC district is subject to the review and
approval procedures of § 8.3C: Planned Unit Development Overlay (PUD-O) District, even
though an IC district rezoning is not a Planned Unit Development.
3. Use Regulations. See § 4.1: Use Table, for a list of uses allowed in the IC district.
4. Density/Intensity/Dimensional Standards. Density/intensity and dimensional standards must be
established at the time of approval of an Institutional Master Plan.
that apply in the IC district.
6. Institutional Master Plans.
a) Purpose. Institutional Master Plan requirements are intended to provide a framework for
development of large institutional uses in campus-like settings. Approval of an Institutional
Master Plan is intended to permit flexibility in site development and in the design and
arrangement of buildings that is not possible when development occurs on a lot-by-lot or
building-by-building basis. In addition, it is intended that the master planning process and
resulting master plan document protect the integrity of adjacent neighborhoods. The
provisions for an institutional master plan are intended to create efficient, functional, and
attractive areas that incorporate a high level of amenities and meet public objectives for
protection and preservation of the natural and built environment. The provisions are
intended to ensure compatible uses and structures within institutional master planned areas
and between institutional areas and areas adjacent to them. The provisions are intended to
prevent adverse impacts associated with the unplanned growth of large institutions; to
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ensure adequate provision for pedestrian and vehicular movement; to provide open spaces
for light, air and recreation; and to provide for the efficient provision of utilities, services
and facilities.
b) Master Planning Area. An Institutional Master Plan must be prepared and submitted
by the
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§ 2.5 § 2.5
institution and include all area within the IC district and an area extending out at least 300 feet from
the boundary of the IC district, unless the City Planner establishes a different area
requirement based on a review of the following:
1) Physical area occupied or controlled by the existing institution;
2) Trends in property values;
3) Redevelopment potential of surrounding areas;
4) Proximity of other institutional uses;
5) Condition of structures; and
6) Level of area vacancy.
c) Planning Requirements. An institutional master plan must, at a minimum, include the
following information unless the City Planner determines that such information is not
necessary to evaluate the proposed master plan and the institution's future impacts on
surrounding neighborhoods.
1) The Institutional Master Plan must cover a ten-year period unless the City
Commission approves a different time period at the time the Institutional Master Plan
approval. An Institutional Master Plan will lapse and be of no further effect 10 years
after the date of its approval by the City Commission unless the City Commission
expressly establishes a different time period for expiration at the time of approval.
2) The Institutional Master Plan must include a statement that defines the organizational
mission and objectives of the institution and description of how all development
contemplated or defined by the institutional master plan advances the goals and
objectives of the institution. The statement should describe the population to be served
by the institution, and any projected changes in the size or composition of that
population. It should also specify any services to be provided to residents in adjacent
neighborhoods and in other areas of the Kalamazoo region.
3) The Institutional Master Plan must include a description of land, buildings, and other
structures occupied by the institution as of the date of submission of the Institutional
Master Plan.. At a minimum, the following information is required:
(a) Illustrative site plans showing the footprints of each building and structure,
together with roads, sidewalks, parking, landscape features and other significant
site improvements;
(b) Land and building uses;
(c) Gross floor area in square feet;
(d) Building height in stories and feet;
(e) Landscaping, signage and lighting plans; and
(f) A description of off-street parking and loading areas and facilities, including a
statement of the approximate number of parking spaces in each area or facility.
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4) The Institutional Master Plan must include a summary and projection of the
institution's current and future needs for the following facilities:
(a) Academic;
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§ 2.5 § 2.5
(b) Service;
(c) Research;
(d) Office;
(e) Housing;
(f) Patient care;
(g) Public assembly;
(h) Parking; and
(i) Other facilities related to the institutional
use.
5) The Institutional Master Plan must include a description of the land area and
"development envelope" within which future development will occur. The
development envelope must be described in narrative and through the use of drawings
or models. The intent of this provision is to provide the institution with certainty
regarding the future development potential of the site subject to the Institutional
Master Plan while protecting the integrity of adjacent neighborhoods. The
Institutional Master Plan must include the following estimates in describing the
development envelope:
(a) Floor area ratio;
(b) Average daily and peak-hour traffic;
(c) Height;
(d) Setbacks;
(e) Total site area of open space; and
(f) Total number of parking spaces to be provided.
6) The Institutional Master Plan must include transportation and parking management
plans that identify any traffic mitigation measures to be employed.
7) Institutional Master Plan must include pedestrian circulation guidelines and
objectives, including a description of the circulation system to be provided through the
campus and plans for ensuring the accessibility of pedestrian areas and open spaces.
8) The Institutional Master Plan must include design guidelines and objectives for new
and renovated buildings and structures to assure their compatibility with supporting
neighborhoods and districts and to minimize potential adverse impacts on such
neighborhoods. Urban design guidelines must include listings of appropriate
materials, height, bulk, massing and colors that will be used to guide the course of
proposed and future development.
9) The Institutional Master Plan must identify standards and programs that will be put in
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place to ensure that the quality of the surrounding neighborhoods is maintained or
enhanced. The Institutional Master Plan must report on the results of the institution's
citizen participation effort in preparing the Institutional Master Plan. At a minimum,
the citizen participation report must include the following information:
(a) Details of techniques the applicant used to involve the public.
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§ 2.5 § 2.5
(b) Dates, locations and attendance of all meetings where citizens were invited to discuss
the applicant's proposal.
(c) A summary of concerns, issues and problems expressed during the process.
(d) Concerns, issues and problems the applicant is unwilling or unable to address and
why.
10) The Institutional Master Plan must include a description of other nearby
institutions and report on efforts to coordinate planning with those other institutions.
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§ 3.1 § 3.2
CHAPTER 3
Overlay Zoning
Districts
§ 3.1. The Districts.

A. The overlay districts of this chapter are intended to apply in combination with the underlying base
district to impose regulations and standards that address special geographic areas or land use issues.
B. In the event of conflict between overlay district regulations and the regulations of the underlying
(base) district, the overlay district regulations govern. In all other cases, both the overlay district and
base district regulations apply.
C. Overlay districts are established in accordance with the Zoning Map Amendment procedures of §
8.3B, Amendments to Text of Ordinance or District Map.
D. The following overlay districts are included in this Ordinance: [Amended 10-17-2022 by Ord. No.
2056]
Table 3.1-1 Overlay Districts

NC-O Neighborhood Conservation Overlay
PUD-O Planned Unit Development Overlay
THD-O Traditional Housing Density
HP-O Historic Preservation Overlay
RF-O Riverfront Overlay
§ 3.2. NC-O, Neighborhood Conservation Overlay.

A. Purpose. The NC-O, Neighborhood Conservation Overlay district is intended to:
1. Encourage development that conforms to the type, scale, orientation and physical design of
existing development in the neighborhood;
2. Foster development and redevelopment that is compatible with the type, scale, orientation and
physical design of original buildings in the neighborhood through the use of development
standards, design standards and guidelines; and
3. Conserve cultural, historic and property values within identified neighborhood areas.
B. Selection Standards. An NC-O district must be a geographically defined area that has a significant
concentration, linkage or continuity of sites that are united by physical development, architecture or
history. To be eligible for an NC-O district designation, the area must comply with the following
standards.
1. The general pattern of development, including streets, lots and buildings, must have been
established at least 25 years prior to creation of the district.
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2. The area must possess built environmental characteristics that create an identifiable setting,
character and association.
3. The designated area must be a contiguous area of at least five acres in area. Areas of less than
five acres may be designated in accordance with the procedures of this section if they abut an
existing NC-O district.
C. Uses. The NC-O may not allow additional uses other than allowed by the underlying zoning
district(s). The NC-O may exclude or limit uses allowed by the underlying zoning district(s).
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§ 3.2 §
D. Development/Design Standards. In establishing an NC-O district, the Historic District Commission,
3.44
the Planning Commission, and staff are authorized to propose, and the City Commission is authorized
to adopt district-specific development and design standards to guide development and redevelopment
within NC-O districts. When development and design standards are approved, each application for
alteration within the designated NC-O must comply with those standards. When there are conflicts
between the standards of the underlying base district and adopted NC-O district design/development
standards, the NC-O design/ development standards govern.
E. Establishment of District. NC-O Districts are established in accordance with the Zoning Map
Amendment procedures of § 8.3.B: Amendments to Text of Ordinance or District Map, except as
modified by the following provisions:
1. An application to establish an NC-O district may be initiated by City staff, the Historic District
Commission, the Planning Commission, or the City Commission.
2. Applications may also be initiated by petition when signed either by the owners of 51% of the
area within the proposed NC-O district or by at least 51% of the property owners within the
proposed district.
3. The Historic District Commission and the Planning Commission must submit written
recommendations to the City Commission regarding the creation of NC-O districts.
4. The Historic District Commission is responsible for reviewing NC-O zoning applications for
compliance with the Selection Criteria of § 3.2B: Selection Standards, and for recommending
development/design standards and guidelines for the district.
5. The Planning Commission is responsible for reviewing the application for its planning and
zoning implications.
6. The City Commission is responsible for making a final decision to approve or deny NC-O
zoning.
F. Procedures.
1. Unless otherwise expressly stated, the Zoning Map amendment procedures of § 8.3B:
Amendments to Text of Ordinance or District Map apply.
2. Public hearings on NC-O district designation applications must be held by the Historic District
Commission, Planning Commission and City Commission in accordance with the hearing
procedures of
§ 8.2: Public Hearing Procedures.
3. Following its hearing, the Historic District Commission must adopt, by resolution, a
recommendation that NC-O district designation be approved, approved with conditions, or
denied. The Historic District Commission's recommendation must be in the form of a resolution
and be submitted to the Planning Commission and City Commission. The resolution must be
accompanied by a report containing the following information:
a) An explanation of whether and how the area complies with § 3.2B: Selection Standards,
b) Proposed uses, Development/Design Standards, including a description of the general
pattern of development, including streets, lots and buildings in the area; district-specific
development and design standards pertaining to elements such as building scale, massing,
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§ 3.2 §
and height; building elements and projections (e.g., front porches, bay windows, detached
3.45
garages), setbacks, and open space to guide redevelopment and development within the
district;
c) A map showing the recommended boundaries of the NC-O district; and
d) A record of the proceedings before the Historic District Commission.
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Page 553 of 885
§ 3.2 §
4. Following the public hearing and recommendation of the Historic District Commission,3.46 the
Planning Commission must hold a public hearing and adopt, by resolution, a recommendation
that the NC-O district designation be approved, approved with modifications, or denied. The
Planning Commission's recommendation must be in the form of a resolution and be submitted
to the City Commission. The resolution must be accompanied by a report containing the
following information:
a) An explanation of the planning and zoning implications related to the designation of the
proposed area and district-specific development and design standards recommended by the
Historic District Commission;
b) Recommendations for changes to the district-specific development and design standards to
guide redevelopment and development within the district recommended by the Historic
District Commission;
c) A map showing the recommended boundaries of the NC-O district; and
d) A record of the proceedings before the Planning Commission.
5. Following the public hearings by the Historic District Commission and the Planning
Commission, the City Commission must hold a public hearing and act to approve, approve with
modifications, or deny the application for NC-O district designation.
G. NC-O Districts Established. The following NC-O districts are established:
Table 3.1-2 NC-O Districts Established

Conservation Overlay District Name Boundaries
§ 3.3. Standards for Traditional Housing Density Overlay (THD-O).

A. Description. The THD-O Traditional Housing Density Overlay district is intended to stabilize and
preserve the character of the neighborhoods without downzoning and without creating widespread
nonconformities.
B. Use Regulations. The uses allowed in the underlying district are allowed in the THD-O district.
C. Density/Intensity/Dimensional Standards. The Density/Intensity and Development standards
of the underlying zoning district apply to development within the THD-O district.
D. Existing Uses.
1. All legally conforming established residential uses in existence on October 18, 2005, will be
considered conforming under this Ordinance. Any residential building (legally conforming or
legally nonconforming) may be rebuilt with the same number of dwelling units, but it may not
be rebuilt to contain a greater number of dwelling units than (a) the number of dwelling units
that existed at the time of its demolition, or (b) the number of dwelling units allowed by the
density and dimensional standards of the underlying zoning district, whichever is greater.
2. If a structure in the THD-O district contains more residential dwelling unit than are permitted
by the density/intensity standards of Secs. 5.1 or 5.2 (as applicable), and one or more of such
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Page 554 of 885
§ 3.2 §
dwelling units are later removed from the structure through remodeling, renovation, or any other
3.47
means, then such dwelling units may not subsequently be re-constructed or otherwise made
available for occupancy as a separate dwelling unit unless the residential structure would still
comply with the standards of § 5.1 or
5.2 (as applicable) after such re-construction, remodeling, or occupancy. Once a dwelling unit
that would not be permitted under the density/intensity standards of § 5.1 or 5.2 is removed from
a structure by any means, it may not be re-constructed or made available for occupancy through
any means.
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Page 555 of 885
§ 3.3 § 3.4
3. Any conforming building containing a conforming use that has been destroyed or damaged
by fire, explosion, or Act of God may be rebuilt to its pre-damage state, notwithstanding the
requirements of
§ 9.2: Nonconforming Uses.
§ 3.4. PUD-O, Planned Unit Development Overlay District.

A Planned Unit Development Overlay district may be approved for residential, commercial, public, or
industrial development, or for a mix of such uses, pursuant to the following standards and requirements.
A. Purpose. The PUD-O, Planned Unit Development Overlay District regulations are intended to:
1. Promote consistency with the Comprehensive Plan;
2. Promote development that can be conveniently, efficiently and economically served by
existing and planned utilities and services;
3. Promote design flexibility that results in greater public benefits than could be
achieved using conventional district regulations;
4. Encourage the preservation of environmental and historic resources;
5. Promote a mix of attractive and functional residential and nonresidential developments
that are compatible with surrounding development.
B. Development Review and Approval. A PUD-O district may be approved only when the City
Commission determines that a proposed Planned Unit Development complies with all the relevant
and appropriate standards of § 3.4H: Standards, the procedures of § 8.3C: Planned Unit Development
Overlay (PUD-O) District, and would result in a greater benefit to the City than would development
under conventional district regulations.
C. Developer's Statement. Each PUD-O application must include a comparison of the proposed
development with the standards of underlying district and the otherwise applicable standards of this
Ordinance. Applications must also include a statement by the applicant describing how the proposed
development provides greater benefits to the City than would a development carried out in
accordance with otherwise applicable district and development standards.
D. Effect of other District Standards. Except as expressly authorized by the regulations of this section
and approved as part of a PUD Plan (in accordance with the procedures of § 8.3C: Planned Unit
Development Overlay (PUD-O) District), all of the standards of this Ordinance apply to development
within a PUD-O district.
E. Minimum Land Area. A PUD-O district classification containing only residential and related land
uses may only be applied to lands that comprise a minimum of five contiguous acres in area, or a
contiguous city block, whichever is less. A PUD O district classification containing commercial uses
or a mix of commercial and residential uses may be applied without a minimum area requirement.
F. Location. A PUD-O zoning classification may be established on any land located in the City that
complies with all of the applicable standards of this section.
G. Unified Ownership or Control. The title to all land that is part of a PUD-O district classification
containing only residential and related land uses must be owned or controlled by one person at the
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Page 556 of 885
§ 3.3 § 3.4
time of application and approval. A person will be considered to control all lands in the PUD-O
district either through ownership or by written consent of all owners of land within the proposed PUD-
O district boundary that is subject to the conditions and standards of the adopting ordinance, the PUD
Plan and PUD-O District Agreement. A PUD-O district classification containing commercial uses or
a mix of commercial and residential uses need not be owned or controlled by one person at the time
of application and approval.
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Page 557 of 885
§ 3.4 § 3.6
H. Standards. All development in a PUD-O district shall comply with (1) all provisions of this Code
applicable to the underlying zone district unless such provisions are expressly varied by the terms of
the PUD Plan. In addition, before approving a PUD-O district classification, the City Commission
must find that the PUD Plan and district classification complies with those standards identified in §
8.3C.7: Planned Unit Development Overlay (PUD-O) Zone District. The City may require additional
building design standards, landscaping standards and site development standards to ensure that a
PUD-O classification containing commercial uses or a mix of commercial and residential uses are
compatible with and enhance the appearance of surrounding areas.
§ 3.5. HP-O, Historic Preservation Overlay.7

The HP-O, Historic Preservation Overlay is intended to be applied to areas that are subject to the City's
historic preservation ordinance. The regulations that apply within the HP-O are those contained within
Chapter 16, Historic Districts, of the Kalamazoo Code of Ordinances. The local historic districts within the
City of Kalamazoo are listed below:
1. Haymarket Historic District.
2. Rose Place Historic District.
3. South Burdick Historic District.
4. South Street/Vine Area Historic District.
5. Stuart Area Historic District.
§ 3.6. RF-O, Riverfront Overlay. [Amended 7-31-2006 by Ord. No. 1809]

A. Purpose. The RF-O district is intended to implement The Kalamazoo Riverfront
Redevelopment Plan (Riverfront Plan) adopted by the City on April 14, 2003. The RF-O district
has specific purposes including:
1. To protect and preserve the Kalamazoo River and its frontage for public use, providing benefits
to the entire City.
2. To encourage the redevelopment of areas adjacent to the riverfront in an urbanist style and to
strengthen connections to and from the remainder of the City.
3. To encourage the transformation over time of certain industrial areas towards residential and
mixed use development.
4. To encourage the creation of stable residential and mixed use neighborhoods including a wide
variety of residential housing types on both the east and west sides of the Kalamazoo River.
5. To improve the quality of development throughout the area, and particularly along higher volume
streets providing public views of the RF-O district.
6. To create a balanced and integrated transportation system that relies less on automobiles and
more on bus transit, biking, and walking, and to create a mix of land uses and intensities that
support that balanced transportation system.
7. To encourage patterns of development that support a mix of living, working, and recreational
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Page 558 of 885
§ 3.4 § 3.6
activities close to one another.
8. To encourage patterns of development that enclose and define street spaces, through the
use of
7. Editor's Note: Former § 3.5, WP-O, Wellhead Protection Overlay, added 5-21-2007 by Ord.
No. 1825, was repealed 10-17-2022 by Ord. No. 2056, which ordinance also renumbered former
§§ 3.6 and 3.7 as §§ 3.5 and 3.6, respectively.
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Page 559 of 885
§ § 3.6
3.6 appropriate building heights and relatively small front
setbacks.
9. To provide required parking to the rear or to the side of primary structures wherever possible,
in order to reduce auto-oriented street frontages.
10. To encourage innovative and high quality architecture, and exceptional landscaping, lighting,
signage, fixtures, and furnishings.
B. Subareas and Intended Character. The RF-O district has been divided into the following eight
subareas, each of which is intended to achieve the general character described below. The boundaries
of each subarea are shown on the following map.
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Page 560 of 885
§ 3.6 § 3.6
1. Subarea 1 (Northwest Manufacturing/Residential). Subarea 1 currently has an industrial

character, but is intended to transition to a residential area over time. All accessory scrap and
salvage operations shall be inside an enclosed structure. Residential units should be constructed
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Page 561 of 885
§ 3.6 § 3.6
close to the street frontage of each lot to help define and enclose street spaces.
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Page 562 of 885
§ 3.6 § 3.6
2. Subarea 2 (West Residential). Subarea 2 is intended for future single-family residential uses and
neighborhood-specific commercial uses, with residential units constructed close to the street
frontage of each lot to help define and enclose street spaces.
3. Subarea 3 (West Park Mixed Use). Subarea 3 is intended for future residential and mixed uses,
with structures constructed close to the street frontage of each lot to help define and enclose street
spaces and park areas. Structures may include live/work units, residential neighborhood
commercial, and office uses, and shall be two or three stories in height. No single-story
structures shall be permitted.
4. Subareas and Intended Character, 4. Subarea 4 (Southwest Commercial). Subarea 4 is intended
for mixed use, including lower-intensity industrial uses, as well as commercial, office, and
residential uses. High-quality design will be required, and for the portion of Subarea 4 which
falls within the boundaries of the Downtown Development Authority, design will be guided by
the Downtown Design Review Guidelines. [Amended 1-3-2012 by Ord. No. 1887]
5. Subarea 5 (Park). Subarea 5 is intended to be used for park areas and open space along the
Kalamazoo River. Existing homes may remain and shall be deemed to be conforming land uses,
but new principal and accessory structures shall be required to comply with applicable design
standards.
6. Subarea 6 (Riverview Commercial). Subarea 6 is intended for mixed use of high design quality,
with commercial uses predominating. As redevelopment occurs, parking lots shall be located
behind or beside (but not in front of) primary structures. New development shall orient to
Riverview Drive.
7. Subarea 7 (East Bank Mixed Use). Subarea 7 is intended to accommodate an urban-style
residential neighborhood with residential uses along the river and neighborhood scale
commercial uses around the edges of the area. The amount of commercial development shall be
limited to ensure the predominantly residential character of the area.
8. Subareas and Intended Character, 8. Subarea 8 (Southeast Mixed Use). Subarea 8 is a highly
visible location with excellent transportation access, and is intended for redevelopment with a
mix of office, restaurants or retail uses, or general industrial uses that are combined with
restaurant or retail/ commercial uses. [Amended 1-3-2012 by Ord. No. 1887]
9. Subarea 9 (South Mixed Use). Subarea 9 is a highly visible location with excellent transportation
access, and is intended for redevelopment with a mix of office, restaurant, retail, multiple-
family, attached housing, and mixed uses. [Added 8-6-2018 by Ord. No. 1969]
C. Permitted Uses.
1. Different land uses are permitted in each subarea of the RF-O district as shown in the attached
Table 3.7-1. Abbreviations used in the table shall have the same meanings assigned to them in
§ 4.1. A "P" indicates that a use is permitted by right, subject to compliance with all other
applicable local, state and federal regulations, including the regulations of this Ordinance. A "C"
indicates that the use may not be established after October 18, 2005, but if the use was legally
established and in existence on that date it may continue to exist as a legal conforming use. An
"S" indicates that a use is allowed only if reviewed and approved in accordance with the special
use permit procedures of § 8.3D: Special Use Permit. A blank cell indicates that the listed use
8. Editor's Note: Table 3.7-1 is included as an attachment to this chapter.
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Page 563 of 885
§ 3.6 § 3.6
is not allowed in the respective subarea.
2. Some uses are subject to additional requirements set forth (a) in the right-hand column of Table
3.7-18 (which cross-references materials in Chapter 4), and/or (b) subarea-specific use standards
set forth in
§ 3.7D below. In the event of any conflict between Table 3.7-1 and Table 4.2-1, the materials
in Table 3.7-1 shall apply.
D. Subarea-Specific Use Regulations. The standards in this Subsection D apply in specific subareas of
the RF-O

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Page 564 of 885
§ 3.6 § 3.6
district. In the event of a conflict between the use-specific standards in § 4.2 and the subarea-specific
standards in § 3.7D, the stricter provision shall apply. Where the standards below reference
termination or abandonment, it shall be presumed that a termination, abandonment, or relocation has
occurred if there has been a complete cessation of the use continuously for a period of 180 days.
Maintaining of utility services or payment of taxes during this one-hundred-eighty-day period is
insufficient to overcome this presumption unless other factors clearly showing that the use was not
terminated, abandoned, or relocated is provided to the City Planner.
1. Subarea 1 (Northwest Industrial/Residential).
a) If a use categorized as an industrial use in Table 3.7-1 terminates, is abandoned, or relocates
out of Subarea 1, no industrial use shall occupy any part of such property.
b) Residential uses shall be developed pursuant to an overall development plan or a PUD
requiring that at least five dwelling units be developed in each phase.
1) Construction of single-family homes unrelated to an approved overall development
plan is not permitted.
2. Subarea 2 (West Residential).
a) Uses categorized as commercial uses in Table 3.7-1 shall only be permitted if they have a
gross floor area of less than 2,500 square feet and primarily provide services to residents
in the surrounding area.
3. Subarea 3 (West Park Mixed Use).
a) Uses categorized as commercial uses in Table 3.7-1 shall only be permitted if they have a
gross floor area of less than 3,500 square feet, are oriented towards and adjacent to a public
park or open space, and primarily provide services to residents in the immediately
surrounding area.
4. Subarea 4 (Southwest Commercial).
a) Uses categorized as industrial uses or commercial-vehicle and equipment sales and service
uses in Table 3.7-1 shall only be permitted after issuance of a special use permit.
b) Uses categorized as eating and drinking establishments in Table 3.7-19 shall be required to
have sit-down facilities as well.
c) Residential uses shall only be developed pursuant to an overall development plan or a PUD
requiring that at least five dwelling units be developed in each phase. Construction of single-
family homes unrelated to an approved overall development plan is not permitted.
5. Subarea 5 (Park).
a) If an existing industrial or commercial use terminates, is abandoned, or relocates out of
Subarea 5, no industrial or commercial use shall occupy any part of such property.
6. Subarea 6 (Riverview Commercial).
a) Uses categorized as industrial uses or commercial-vehicle and equipment sales and service
uses in Table 3.7-1 shall only be permitted after issuance of a special use permit.
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Page 565 of 885
§ 3.6 § 3.6
b) Uses categorized as eating and drinking establishments in Table 3.7-1 shall be required to
have sit-down facilities as well.

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Page 566 of 885
§ 3.6 § 3.6
c) Residential uses shall only be developed pursuant to an overall development plan or a PUD
requiring that at least five dwelling units be developed in each phase. Construction of single-
family homes unrelated to an approved overall development plan is not permitted.
7. Subarea 7 (East Bank Mixed Use).
a) New residential uses may only be developed pursuant to an overall development plan or a
PUD requiring that at least six dwelling units be developed in each phase. Residential units
may include live/work units and attached units, and all residential units shall be two to four
stories in height. Residential units with more than four stories shall not be located closer
than 300 feet from the Kalamazoo River. No single-story structures shall be permitted.
b) Uses categorized as industrial uses in Table 3.7-1 shall not be permitted in Subarea 7. Uses
categorized as commercial uses in Table 3.7-1 that are not oriented towards and adjacent
to Riverview Drive or Gull Road shall only be permitted if they have a gross floor area of
less than 3,500 square feet and provide services to residents in the immediately surrounding
area.
8. Subarea 8 (Southeast Mixed Use).
a) Residential uses may be permitted as part of a mixed-use development where ground floor
uses are nonresidential.
9. Subarea 9 (South Mixed Use). [Added 8-6-2018 by Ord. No. 1969]
a) Mixed-use buildings are encouraged with first floors containing office and retail uses, and
upper floors containing residential uses.
b) Buildings shall be constructed close to the street frontages with parking at the rear or side.
No parking in the front of the building is allowed.
c) Buildings shall be a minimum of 20 feet in height, and shall be no more than two stories
taller than adjacent buildings.
d) Sidewalks shall be provided on all properties, and bike lanes shall be included in the street
areas whenever possible.
e) Whenever possible, building and site design shall take advantage of the Portage Creek by
including balconies that face the creek, porches, sitting areas, and outdoor customer areas
for business uses.
f) The street network in Subarea 9 shall have a high degree of connectivity and shall offer
multiple circulation routes within the district and to adjacent areas.
g) Residential uses shall require that at least five dwelling units be developed in each phase.
Residential units may include live/work units and attached units. All residential units shall
be two to four stories in height. Residential units with more than four stories shall not be
located closer than 300 feet from the Kalamazoo River.
h) Drive-through designs will not impact the walkability of the area and will be located to the
rear or side of the building. A primary entry from the frontage street must be maintained
for pedestrian access. Primary building face shall be located along street frontage. Front
yard may only contain café style seating, landscaping, and pedestrian infrastructure. (See
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Page 567 of 885
§ 3.6 § 3.6
Figure 1.)
A:39
Page 568 of 885
§ 3.6 § 3.6
Figure 1
E. Development and Design Standards. All new development in the RF-O district shall comply
with the following standards:
1. Street Network. The street network, including sidewalks, in the RF-O district shall have a high
degree of connectivity and shall create multiple circulation routes both within the district and to
adjacent areas outside the RF-O district boundaries.
2. Street Design. The RF-O zone district is intended to have relatively narrow streets in order to
encourage slower automobile travel, a friendlier pedestrian environment along the right-of-way,
and to encourage primary buildings to be built close to the street. Typical street dimensions are
illustrated below.
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Page 569 of 885
§ 3.6 § 3.6
3. Parking. The requirements of § 6.1: Off-Street Parking and Loading, shall apply within the RF-O
zone district, except that:
a) Minimum off-street parking requirements for all uses that are categorized as commercial
uses in Table 3.7-1 and that are not oriented to and adjacent to Riverview Drive, Michigan
Avenue, Walbridge Street, or Gull Road may be reduced by 25% to reflect expectations of
increased walkability and reduce auto-dependence within the district.
b) Uses categorized as commercial uses in Table 3.7-1 may count on-street parking spaces
immediately adjacent to or directly in front of the subject property towards the minimum
off-street parking requirements. Each qualifying on-street parking space shall reduce the
minimum required off-street parking by 1/2 space.
4. Drive-In and Drive-Through Facilities. All drive-in and drive-through facilities shall comply
with the following standards. In the event these standards conflict with those standards in §
6.1C.3, Stacking Spaces for Drive-In or Drive-Through Uses, or § 6.3E, Screening of Drive-
Through Facilities, or with any other standard in this Ordinance, these standards shall govern.
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Page 570 of 885
§ 3.6 § 3.6
a) Service areas and stacking lanes for all new drive-in or drive-through facilities must be set
back a
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Page 571 of 885
§ 3.6 § 3.6
minimum of five feet from all lot lines. When abutting residential uses, a six-foot-tall,
opaque privacy fence is required to be installed on or near the common border to screen
the drive-in or drive-through facility from the residential structure. A row of six-foot-tall
evergreen trees that provide a continuous opaque screen may be substituted for the fence.
All driveway entrances, including stacking lane entrances, must be located at least 50 feet
from any intersection. The distance is measured along the property line from the junction
of the two street lot lines to the nearest edge of the entrance.
b) Stacking lanes must contain a minimum of 90 feet for a single stacking lane or 54 feet per
lane when there is more than one stacking lane. A stacking lane is measured from the curb
cut to the service area. Stacking lanes do not have to be linear.
c) When abutting residential parcels, drive-in or drive-through facilities with noise-generating
equipment must document in advance that the facility will meet the City Noise Ordinance
regulations.10 Noise-generating equipment includes items such as speakers and exterior air
handling devices.
5. Outdoor Display Areas. Indoor retail sales and service uses may have small outdoor display
areas, with a total area not to exceed 10% of the total sales floor area. These outdoor display
areas must be located on the same parcel as the primary business location. All outdoor display
areas must be properly identified and contained, and must be open only during store hours.
Outdoor display areas must be either removed when the retail sales and service use is closed, or
completely contained within a decorative fence at least four feet in height. In the event these
standards conflict with any other standard in this Ordinance, these standards shall govern.
6. Dimensional Standards.11
7. Building Design Standards. All development within the RF-O zone district shall comply with
all applicable design standards in § 6.5: Design Standards, unless such standards are inconsistent
with the design standards in Subsections E7(a) through (d) below — in which case the standards
below shall govern.
a) All Development and Structures.
1) All primary structures shall be oriented to a street or driveway (rather than an internal
courtyard), and shall have direct walking access from the front door of the primary
structure to the street sidewalk system.
2) All development shall incorporate the open space corridors and trails identified in the
Kalamazoo Riverfront Redevelopment Plan. No applicant shall be required to dedicate
to the City or to public use any portion of any such open space system or trail if the
amount of such dedication would violate state or federal law regarding development
exactions.
3) Residential garages with access from alleys are preferred. Where lots receive garage
access from the street, garages should be designed so that the plane of the garage door
is roughly perpendicular to the street. Where a garage door(s) is located roughly
parallel to and visible from the street, such garage door(s) shall not occupy more than
45% of the total width of the front elevation of the residential structure. The front
plane of the garage shall not extend closer to the street than the front plane of the
primary structure.
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Page 572 of 885
§ 3.6 § 3.6
4) A wide variety of building materials may be used for building exterior surfaces,
including but not limited to metal, granite, stone, terra cotta, concrete, glass, brick,
stucco, decorative
10. Editor's Note: See Ch. 21, Noise.

11. Editor's Note: Table RF-O.1 is included as an attachment to this chapter.
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Page 573 of 885
§ 3.6 § 3.6
concrete block, and wood clapboard. Alternate or new materials may also be used as
long as they are compatible with the physical characteristics of the historic materials
which lend character to this area of the City.
5) The use of the following materials requires review and approval as set forth in
Subsection E8(b) below: horizontal or vertical rough-textured wood siding, stone and
gravel aggregate, shingles, vinyl or aluminum siding, and TI-II (plywood).
b) Residential Structures. All new residential structures shall comply with the standards in
this Subsection E7(b). Multifamily structures shall be required to comply with the
multifamily design standards in § 6.5A, Multifamily Residential.
1) Residential Forms (Single-Family and Duplex). All new residential structures shall
closely resemble the design and character of the residential examples illustrated in the
document: Recommended Housing Styles for the Riverfront Target Area.
2) Residential Design Menu (Single-Family and Duplex). Each single-family detached
or duplex dwelling unit (a) shall be between 1 1/2 and three stories in height and (b)
shall include a front door area designed to be the dominant feature on the front facade
of the house through the use of clerestory windows, sidelight windows, double doors,
or front porch columns, and (c) shall contain at least two of the following three
architectural features:
• Front or side porch with a minimum depth of five feet, and minimum floor area
of at least 50 square feet.
• Total area of brick, stucco, or stone veneer (or a combination thereof) equal to
at least 50% of the entire area of all facades visible from public streets or
adjacent residential properties.
• A house design where garage doors do not appear on the front elevation of the
house but are perpendicular to the street or located behind the primary structure.
c) Mixed Use Structures. New mixed-use structures shall incorporate at least two of the
following four architectural features.
• A minimum of 10% of each facade area that faces a public street shall be
composed of transparent materials, unless the Site Plan Review Committee
determines that such transparency would be inconsistent with the operational
requirements of the building. At least one-half of this required amount of transparent
materials shall be provided so that the lowest edge of the transparent materials is
no higher than four feet above the street level. In areas used to meet this transparency
requirement, glazing shall have a visible light transparency percentage of at least
60%.
• 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. Walls whose elevations
include 25% of their surface area in balconies, patios, windows, or natural materials
shall be exempt from this requirement.
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Page 574 of 885
§ 3.6 § 3.6
• Each building with commercial or retail uses shall have clearly defined, highly
visible customer entrances with features designed to emphasize the importance of
the entrance, which may include but are not limited to canopies or porticos,
overhangs, recesses or projections, arcades, arches, peaked roof forms, outdoor
patios, display windows, architectural tilework or moldings integrated into the
building design, or integrated planters or wing walls that incorporate landscaped
areas or seating areas.
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Page 575 of 885
§ 3.6 § 3.6
• The primary structures shall have a sloping roof with a pitch of three in 12 or greater,
which shall incorporate either projecting gables or one horizontal or vertical break
in the roofline per 60 linear feet of roof length.
d) Commercial Structures.
1) Commercial structures in Subsections 1, 2, 3, and 7 shall comply with those standards
in
§ 6.5A, Neighborhood Commercial, as applicable to the CN-1 zone district. In case of
any conflict between the requirements of § 6.5A and the requirements of this RF-O
zone district, the latter shall govern. Loading areas shall be located where they are not
visible from public streets or from adjacent properties with residential uses. If this is
not possible, screening of loading areas shall comply with the requirements of § 6.2.
2) Commercial structures in Subsections 4, 6, and 8 shall comply with those design
standards in
§ 6.5A, Neighborhood Commercial, as applicable to the CN-2 zone district. In case of
any conflict between the requirements of § 6.5A and the requirements of this RF-O
zone district, the latter shall govern. Loading areas shall be located where they are not
visible from public streets or from adjacent properties with residential uses. If this is
not possible, screening of loading areas shall comply with the requirements of § 6.2.
e) Industrial Structures.
1) All industrial structures shall comply with those design standards in § 6.5B, Large
Retail Establishments, regardless of whether the industrial structure contains retail
uses, and regardless of whether the gross floor areas of the structure exceed 50,000
square feet. In case of any conflict between the requirements of § 6.5B and the
requirements of this RF-O zone district, the latter shall govern.
2) Administrative/office portions of the structure shall be located in the portion of the
building facing the street.
3) Loading areas and overhead doors shall be located where they are not visible from
public streets or from adjacent properties with residential uses. If this is not possible,
screening of loading areas shall comply with the requirements of § 6.2.
8. Procedure.
a) All proposed development in the RF-O district shall be subject to the requirements of the
site plan review process set forth in § 8.3H, as applicable. The comments and
recommendations made during that process shall be incorporated into the design review
process, and compliance with the design standards and guidelines of § 3.7E. shall be
required.
b) All residential and other development in the RF-O district that does not require site plan
review under § 8.3H shall require the prior approval of the City Planner to ensure that such
development is in compliance with the design standards and guidelines under § 3.7E.

Page 576 of 885
§ 3.6 § 3.6
A:43

Page 577 of 885

Page 578 of 885
§ 4.1 § 4.2
CHAPTER 4
Use
Regulations
§ 4.1. Use Table.

The Use Table of this section lists the principal uses allowed within the Base Zoning Districts. The
symbols used in the Use Table are defined in the following paragraphs.12
§ 4.2. Use-Specific Standards.

A. Adult Foster Care Family Home and Group Home. Any facility required to be licensed by the State
of Michigan or the City of Kalamazoo shall have a valid license at all times, and it shall be a violation
of this Code to operate at any time without a valid license. Any facility with seven or more residents
must be located at least 1,500 feet from any adult foster care facility with seven or more residents.
B. (Reserved)13
C. Assisted Living Facility, Foster Family Group Home, Foster Family Home, Nursing/Convalescent
Home; Rehabilitation Center. Any facility required to be licensed by the State of Michigan or the City
of Kalamazoo shall have a valid license at all times, and it shall be a violation of this Code to operate
at any time without a valid license.
D. Attached Dwelling.
1. General. An attached house is a dwelling unit, located on its own lot that shares one or more
common or abutting walls with one or more dwelling units. The common or abutting wall must
be shared for at least 50% of the length of the side of the dwelling units. An attached house does
not share common floor/ceilings with other dwelling units. An attached house is also called a
rowhouse. Attached houses must comply with the Density, Intensity and Dimensional standards
of § 5.1: Residential District Standards, except where such standards are expressly modified by
the provisions of this section.
2. Standards that Apply in the RD Districts. The following standards apply to attached housing in
the RD districts:
a) No more than two units may be attached by a common wall. Structures containing three or
more attached dwelling units are prohibited in the district.
b) Each attached house must be on a lot that complies with the lot area and width standards
for new lots in the underlying RD district.
c) The minimum required interior side setback on the side of the dwelling unit containing the
common wall is reduced to zero. The (interior) side and rear setback standards of the
underlying district apply around the perimeter of the project.
d) On corner lots, either the rear setback or interior side setback may be reduced to zero.
However, the remaining interior side or rear setback must comply with the rear setback
standards of the underlying RD district.
A:45
Page 579 of 885
13. Editor's Note: Former Subsection B, Adult Regulated Uses, was repealed 6-6-2022 by Ord. No.
2049.
A:46
Page 580 of 885
§ 4.2 § 4.2
Figure 4-1: Corner Lots
e) Garage door areas may not comprise more than 40% of the width of the street-facing facade
of the structure containing the attached housing units. The maximum continuous,
uninterrupted length of a garage door (or combination of smaller, one-car garage doors)
along the street-facing facade may not exceed 25 feet in width. All garage doors must be
recessed at least five feet from the front building plane. The intent of these standards is to
prevent garages and blank walls from being the dominant visual feature on the front of the
structure.
f) Facades and roofs must be designed in a manner that provides distinguishing characteristics
and relief between attached dwelling units. Such variety may consist of occasional relief in
facade depth from unit to unit, unique articulations in architectural elements such as
windows, entries and decorative facade building materials, and variations in roof design
such as cornice articulation and roof pitch/direction. [Added 3-19-2007 by Ord. No. 1822]
g) Attached dwelling units in the RD districts shall be oriented toward, and be directly
accessible from, the public way or street on which the building fronts. [Added 3-19-2007
by Ord. No. 1822]
3. Standards that Apply in the RM-15, RM-24, RM-36, and RMU Districts. The following
standards apply to attached housing in the RM districts:
a) Up to eight dwelling units may be attached (have common walls) in the RM-15 district.
A:47
Page 581 of 885
§ 4.2 § 4.2
There is no limit on the number of attached units in the RM-24, RM-36, and RMU districts.
Attached dwelling units in all RM districts must be oriented toward, and be directly
accessible from, the public way or street on which the building fronts.
A:48
Page 582 of 885
§ 4.2 § 4.2
b) The minimum lot area and width standards do not apply to attached houses in the RM
districts. The minimum lot area for an attached house in the RM district is 3,000 square feet
or the minimum lot area per dwelling unit of the underlying district, whichever is greater.
c) The minimum interior side setback on the side containing a common wall is reduced to
zero. The (interior) side and rear setback standards of the underlying district apply around
the perimeter of the project.
d) On corner lots, either the rear setback or interior side setback may be reduced to zero.
However, the remaining interior side or rear setback must comply with the rear setback
standards of the underlying district.
e) Facades and roofs must be designed in a manner that provides distinguishing characteristics
and relief between attached dwelling units. Such variety may consist of occasional relief in
facade depth from unit to unit, unique articulation in architectural elements such as
windows, entries and decorative facade building materials, and variations in roof design
such as cornice articulation and roof pitch/direction.
f) A common access to the rear of the lots for common or individual parking is required and
may take the form of an alley or an easement. Common access drives must be at least 12
feet wide if designed for one-way traffic and at least 20 feet wide if designed for two-way
traffic.
g) Garage door areas may not comprise more than 40% of the width of the street-facing facade
along the street-facing facade may not exceed 25 feet in width. A minimum separation of
six feet is required between such expanses of garage doors. All garage doors must be
structure.
4. Standards That Apply in the RM-15C District.
a) At least 50% of front and side exteriors (excluding the area of doors or windows) must be
comprised of natural brick, stone, wood siding, or other natural materials (excluding
plywood or concrete block).
b) The roof line of each dwelling unit must be distinct through either a separation of roof
pitches (minimum difference of at least 5°), a difference in roof direction, a difference in
roof height (minimum of two vertical feet), or a combination of methods.
c) The front facade of each attached unit must be distinct through either the use of different
facade materials, staggered building lines (minimum of two feet), an identifiable permanent
architectural design element such as a chimney, pilaster or column (excluding gutter spouts
or siding trim), or a combination of methods.
d) Garage door areas may not comprise more than 40% of the width of the street-facing facade
along the street-facing facade may not exceed 25 feet in width. A minimum separation of
A:49
Page 583 of 885
§ 4.2 § 4.2
six feet is required between such expanses of garage doors. All garage doors must be
structure.
e) For all dwelling facades that face streets, all windows shall contain shutters on each side
or other decorative window features. [Added 3-19-2007 by Ord. No. 1822]
A:50
Page 584 of 885
§ 4.2 § 4.2
E. Brewpub, Sit Down Restaurant, Tavern or Lounge. In the CN-1 district, a brewpub, sit down
restaurant, tavern or lounge may not exceed occupancy load of 100 persons per floor (not including
outdoor seating, which is allowed provided that a minimum pedestrian clear space of four feet is
maintained along all public walkways at all times and provided that all trash receptacles related to
such outdoor seating area are emptied and moved to a secure area off the public walkways after
business hours).
F. Car Wash. All car wash facilities shall comply with the following conditions:
1. A car wash facility is prohibited at the intersection of two arterial streets, unless it is located in
a center occupying at least two acres and containing other commercial establishments occupying
at least 12,000 square feet gross floor area.
2. The car wash facility, including all driveways, entrances, parking areas, and appurtenant
structures, shall be set back a minimum of 10 feet from any adjacent street. The entire 10 foot
setback shall be landscaped pursuant to § 6.2.H.2: Buffer Area Landscaping Between Land Uses.
3. The car wash facility, including all driveways, entrances, parking areas, and appurtenant
structures, shall be set back a minimum of 20 feet from the boundary of any residential zone
district, and from any property with a current residential use. In addition, where the car wash
facility is located adjacent to a residential zone district or any property in current residential use,
a six foot high opaque wall shall be erected and maintained along such boundary. Such wall
shall comply with all applicable requirements for walls in § 6.3: Screening and Fences.
4. To enhance appearance from the street, and to reduce noise impacts on properties sharing a rear
lot line with the property, wash bays shall be sited parallel to the adjacent street as illustrated
below.
A:51
Page 585 of 885
§ 4.2 § 4.2
Figure 4-2: Car Wash Bays Parallel to Street
5. A hard surfaced driveway of one or more lanes shall be constructed on the property to
provide for continuous movement of vehicles into the wash tack or wash bay.
6. The car wash facility shall comply with all applicable requirements for parking and
stacking spaces contained in § 6.1: Off-Street Parking and Loading.
7. The car wash facility shall comply with those Operational Performance Standards related to
noise set forth in § 6.6.B: Noise.
G. Cluster Housing Developments.
1. Purpose. The cluster housing standards of this section have several potential public benefits.
They:
a) Provide flexible development options where the standard rectilinear lot pattern is not
practical because of physical constraints;
b) Promote the preservation of open and natural areas;
A:52
Page 586 of 885
§ 4.2 § 4.2
c) Allow for common open areas within a development project while still achieving the
density of the underlying district; and
A:53
Page 587 of 885
§ § 4.2
4.2 d) Support reductions in development
costs.
2. Approval Procedure. Cluster housing developments are allowed by-right. Review for
compliance with applicable regulations will occur as part of the land division review process or
site condominium process.
3. Density. The overall development may not exceed the maximum density allowed by the
underlying district or the maximum density that could be achieved through a conventional
subdivision (where all lots comply with minimum lot area and width standards). The City
Planner is authorized to require that the developer prepare a density yield analysis comparing
the number of dwelling units that could be developed under a conventional subdivision with the
number that could be prepared under a cluster housing development.
4. Lot Size. There is no minimum lot size (area or width) requirement for cluster housing
developments. Lot sizes must be adequate to meet all applicable standards of this Ordinance.
5. Housing Types.
a) Attached and detached houses are the only type of housing allowed in a cluster housing
development. The proposed building envelope for all houses must be shown on the site
plan with enough detail so that compliance with required density and dimensional standards
can be determined.
b) The number of attached houses that may be attached by a common wall is limited as
follows:
Zone District Maximum Number of Attached Units

RS-4, RS-5 and RS-7 Maximum 4 units attached by a common wall
RD-8 and RD-19 Maximum 6 units attached by a common wall
RM Maximum 8 units attached by a common wall
6. Setbacks.
a) A setback equal to the minimum street front of the underlying district must be provided
along the entire perimeter of the cluster housing development that is adjacent to any street
or right-of-way.
b) A setback equal to the minimum rear setback of the underlying district must be provided
along the entire perimeter of the cluster housing development that is adjacent to any street
or right-of-way.
c) Within the development, the distance between detached houses must be at least 10 feet.
d) These required front and side yard setbacks may not be counted as open space for the
purpose of meeting the minimum open space standards for cluster housing developments.
7. Building Coverage. The building coverage standards of the underlying district do not apply to
A:54
Page 588 of 885
each individual lot, but the total building coverage of all lots (in aggregate) may not exceed the
maximum building coverage standard of the underlying district.
8. Designated Open Space.
a) At least 50% of the gross land area within a cluster housing development must be
preserved as open space.
b) Open space may include active or passive recreation areas for residents or conservation
areas for natural resources such as wetlands, steep slopes, floodplains, and woodlands.
A:55
Page 589 of 885
§ 4.2 § 4.2
c) All of the required open space must be set aside through conveyance or other means as is approved
as to form by the City Attorney, such as:
1) Recorded deed restrictions.
2) Covenants that run perpetually with the land.
3) A conservation easement.
4) Land trusts.
d) Such conveyance or other means must assure that the designated open space will be
protected from all forms of development, except as shown on the approved site plan, and
may not be changed to another use without express, prior approval by the decision-making
body that approved it. Such conveyance or other means must also:
1) Indicate the proposed allowable use of the designated open space.
2) Require that the designated open space be maintained by parties who have an
ownership interest in the designated open space.
3) Provide standards for scheduled maintenance of the designated open space.
4) Provide for maintenance to be undertaken by the City in the event that the dedicated
open space is inadequately maintained, or is determined by the City to be a public
nuisance, with the assessment of costs upon the property owners within the cluster.
H. Community Service Center, Cultural Exhibits, Libraries, and Museums; Neighborhood Centers;
Religious Assembly. In the RS-4, RS-5, RS-6, RD-8, and RD-19 districts, (a) no facility shall contain
a meeting hall, assembly room, or worship room capable of accommodating more than 500 persons
under the Kalamazoo Fire Code, and (b) no facility shall contain more than 50,000 square feet of
gross floor area. In the RM-15, RM-15C, RM-24, RM-36, and RMU districts (a) no facility shall
contain a meeting hall, assembly room, or worship room capable of accommodating more than 1,000
persons under the Kalamazoo Fire Code, and (b) no facility shall contain more than 100,000 square
feet of gross floor area. All facilities shall comply with the Operational Performance Standards for
noise set forth in § 6.6.B: Noise
I. Convenience Stores; Fire, Insurance, and Real Estate; Food Sales (Grocery); Personal Convenience
Services; Personal Improvement Services. [Amended 6-2-2014 by Ord. No. 1922]
1. In the RMU, CMU, and CN-1 Districts, the gross floor area may not exceed 3,500 square feet.
2. A convenience store which sells packaged alcoholic beverages for consumption off the
premises or a package liquor store shall not be located:
a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of
either:
1) A structure set apart primarily for the purpose of religious assembly, which is tax
exempt under the laws of this state, with which clergy is associated, and the structure
is not put to any other inconsistent use; or
2) A school building.
A:56
Page 590 of 885
b) Within 2,640 feet of another convenience store or a gasoline and fuel sales establishment
without vehicle service or repair, when those uses sell packaged alcoholic beverages for
consumption off the premises
c) Within 2,640 feet of another package liquor store.
A:57
Page 591 of 885
§ 4.2 § 4.2
J. Day-care center (Commercial or Institutional).
1. If such use is required to be licensed by the State of Michigan, a valid license shall be in effect
at all times that the use is in operation.
2. In the M-1 and M-2 Districts, day-care centers are allowed only when developed as an accessory
use to a permitted use. Such accessory shall occupy not more than 25% of the gross floor area
of the principal building, or shall be located in a freestanding building in a mixed use
development.
3. At least one outdoor play area shall be provided, consisting of at least one 100 square feet for
each child in the average daily attendance and enclosed by a fence of at least three feet six inches
in height.
K. Day Care Homes (Group and Family).
1. If such use is required to be licensed by the State of Michigan, a valid license shall be in effect
at all times that the use is in operation.
2. If a Group Day Care Home is proposed for property in a residential district after October 18,
2005, then:
a) The structure in which it is located shall be similar in appearance to the character of the
neighborhood in terms of architectural style, predominant building materials, building
mass and height, and setbacks; and
b) At least one outdoor play area shall be provided, consisting of at least 100 square feet for
each child in the average daily attendance and enclosed by a fence of at least three feet and
six inches in height.
c) All the development standards of this Ordinance shall be met, and the use shall be located
on property that fronts a collector or arterial street.
L. Detached Dwelling. In RM-15C District, at least 50% of front and side exteriors (excluding the area
of doors or windows) must be comprised of natural brick, stone, wood siding, or other natural
materials (excluding plywood or concrete block).
M. Fast-Order Food. Outdoor seating is allowed provided that a minimum pedestrian clear space of four
feet is maintained along all public walkways at all times and provided that all trash receptacles related
to such outdoor seating area are emptied and moved to a secure area off the public walkways after
business hours).
N. Gasoline and Fuel Sales (Without Vehicle Service or Repair).
1. Fuel pumps, pump islands, detached canopies, compressed air connections, and similar
equipment shall be set back a minimum of 15 feet from any street right-of-way, and a minimum
of 20 feet from all property lines abutting a residential zoning district, use, or property.
2. The principal service station building and any accessory structures, except for fuel pumps, pump
islands, detached canopies, compressed air connections, and similar equipment, shall be set back
a minimum of 40 feet from all street rights-of-way and from all property lines abutting a
residential zoning district or a parcel containing residential uses.
3. When gasoline and fuel sales abuts a residential zoning district, or a property in actual residential
A:58
Page 592 of 885
§ 4.2 § 4.2
use, buffering between such uses shall be provided as set forth in § 6.2H.2.b, Option B, and all
trees and shrubbery shall be planted on that portion of the buffer located between the wall and
the residential property.
4. Outdoor display of merchandise shall be limited to only the display of automotive fluids and
new tires sold and/or installed on the premises.
A:59
Page 593 of 885
§ 4.2 § 4.2
5. A single-bay car wash is allowed as an accessory use to a permitted service station
subject to the following development and design standards:
a) To the maximum extent practicable, the entrance to the car wash bay shall be sited so as
not to be visible from the lot's primary street frontage;
b) The car wash bay shall be limited in size to accommodate a single vehicle at a time;
c) The car wash bay shall be located outside of all required setback and buffer areas;
d) In addition to any other off-street parking requirements or vehicle stacking requirements,
the subject property shall contain adequate space to allow a minimum of three cars to stack
in a line for car wash services without using or obstructing any portion of an adjacent public
sidewalk or right-of-way; and
e) Where the use abuts a residential zoning district or a parcel containing residential uses, the
hours of operation for the car wash shall be limited to between 7:00 a.m. and 8:00 p.m.
6. A canopy over the fuel pumps may be erected subject to the following standards:
a) The canopy may be either attached or detached from the principal building.
b) The height of the canopy from the ground to the underside of the canopy shall not exceed
18 feet.
c) The canopy structure shall comply with all minimum building setback standards applicable
to the principal structure.
d) The canopy structure shall not be enclosed.
e) The canopy shall utilize the same architectural and design treatment, including materials
and colors, as the principal building.
f) All lighting on the underside of the canopy shall be recessed. A maximum of 25% of each
canopy facade area visible from a public street may be internally illuminated. No portion
of any canopy facade area may be externally illuminated. Each side of a fuel pump canopy
shall be considered a separate facade area.
7. All such uses shall comply with all other applicable requirements of this code, including
without limitation § 6.1C.3: Stacking Spaces, § 6.1H: Restrictions on Parking Areas in
Nonresidential Districts,
§ 6.2; Landscaping and Open Spaces, § 6.3: Screening and Fencing, § 6.4: Lighting, and
§ 6.6: Operational Performance Standards.
8. Any such use which sells packaged alcoholic beverages for consumption off the premises shall
not be located: [Added 6-2-2014 by Ord. No. 1922]
a) Within 500 feet, as measured according to the method set forth at MCL 436.1503, of
either:
1) A structure set apart primarily for the purpose of religious assembly, which is tax
exempt under the laws of this state, with which clergy is associated, and the structure
is not put to any other inconsistent use; or
A:60
Page 594 of 885
§ 4.2 § 4.2
2) A school building.
b) Within 2,640 feet of:
1) A gasoline and fuel sales establishment, without vehicle service or repair, which sells
packaged alcoholic beverages;
A:61
Page 595 of 885
§ 4.2 § 4.2
2) A convenience store which sells packaged alcoholic beverages for consumption
off the premises; or
3) A package liquor store.
O. Gasoline and Fuel Sales (With Vehicle Service or Repair). All uses in this category shall comply
with those requirements in Subsection N above, and in addition shall comply with the following
requirements.
1. Hydraulic hoists, pits, and all lubrications, greasing, automobile washing, or repairing
equipment shall be entirely enclosed within a building. When any such building or portion of a
building faces, abuts, or is adjacent to residentially zoned property, the closest, adjacent building
wall or face shall consist of a solid wall with no openings other than those required by applicable
building codes.
2. All minor repair work, vehicle washing, lubrication, and installation of parts and accessories
shall be wholly performed within an enclosed building or structure.
3. All vehicle parts, dismantled vehicles, and similar materials, and all discarded materials such as
tires, cans, and drums, shall be stored within an enclosed building, or shall be screened from
view by complying with the requirements in § 6.2H.2: Buffer Area Landscaping Between Land
Uses.
4. All vehicles awaiting repair shall be stored on site in approved parking spaces and under no
circumstances shall such vehicles be stored on or obstruct access to a public right-of-way.
P. Light Equipment Sales/Rental.
1. In the CCBD, M-1, and M-2 districts, the lot area for outdoor sales must be provided with a
concrete or asphalt surface and must be graded and drained to dispose of all water accumulated
within the area. [Amended 3-19-2007 by Ord. No. 1822; 6-6-2022 by Ord. No. 2049]
2. Vehicle or equipment displays shall not be located within a required setback or buffer area, or
on top of any building.
3. A suitable building of a permanent nature shall be erected, having at least 200 square feet of
gross floor area, constructed of wood, masonry, or other approved building material, set on
proper foundation; except that frame and all metal buildings less than 200 square feet of gross
floor area may be erected as outlined in the Building Code.
4. Accessory service facilities shall be permitted as an accessory use; however, in the event of
cessation of motor vehicle sales, said accessory uses may not continue except upon issuance of
a permit for said uses as the principal use of the land.
5. If any portion of a storage lot accessory to a salesroom or sales lot for new or used motor vehicles
is designed or used for the storage of inoperable vehicles, such use shall comply with all
requirements of
§ 4.2.Y, Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling
Facilities, and such use shall cease upon the termination of the salesroom or sales lot to which
it is accessory. [Amended 3-19-2007 by Ord. No. 1822]
6. If any portion of a storage lot accessory to a salesroom or sales lot for new or used motor vehicles
is designed or used for storage of commercial vehicles or semi-trucks, such portion of the storage
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Page 596 of 885
§ 4.2 § 4.2
lot shall be located a minimum of 25 feet from (a) any adjacent properties used for residential
purposes, and (b) any property located across an alley and used for residential purposes.
7. The premises shall be screened by a six foot high opaque wall or fence along any lot boundary
adjacent to, or across any alley from, land in a residential zone district, or from land in actual
use for residential purposes. Any wall or fence erected shall meet the requirements of § 6.3:
Screening and Fencing.
8. All such uses shall comply with all other applicable requirements of this code, including
without
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Page 597 of 885
§ 4.2 § 4.2
limitation § 6.1H: Restrictions on Parking Areas in Nonresidential Districts, § 6.2: Landscaping
and Open Spaces, § 6.3: Screening and Fences, § 6.4: Lighting, and § 6.6, Operational
Performance Standards.
Q. Multi-Unit Residential.
1. Generally Applicable Standards.
a) Site Layout. To the greatest degree practicable, multifamily residential structures shall be
located so that:
1) Common open space amenities are located between buildings and are visible from
residences within the development and from circulation routes within the
development; and
2) Garage doors, carports, and parking garages are not located between a multifamily
building and a required street frontage, but are instead internalized within building
groups so as not to be directly visible from the street frontage.
b) Facades.
1) Length. The length of any multifamily primary residential building shall not exceed
200 feet.
2) Articulation of Townhouse Facades. No more than eight townhouse units may be
attached in any single row or building group. Each group of attached adjacent
townhouses shall be separated from the next group by a walkway leading from the
street in front of the townhome or to an alley, public street, or common access area
behind the group of townhouses. The facades of a primary structure containing
townhouse units shall be articulated to differentiate the individual units.
3) Articulation of Facades Other Than Townhouses. At least three of the following
design features shall be provided for visual relief along all facades of each primary
multifamily building; roof dormers; gables; recessed entries; covered porches;
cupolas; pillars, pilasters or posts; bay windows (minimum twelve-inch projection);
eaves (minimum six-inch projection) or a parapet wall with an articulated design
(decorative cornice, etc.); multiple windows with minimum four-inch trim; or
recesses/shadow lines.
4) Four-Sided Design. A primary building's special architectural features and treatments
shall not be limited to a single facade. All sides of a building open to view by the
public, whether viewed from public or private property, shall display a similar level
of quality and architectural interest.
5) Windows. All elevations shall contain windows, and the area of such windows shall
equal at least 20% of the total wall area on the facade where the windows are located.
6) Materials. At least 50% of the surface of exterior walls, excluding areas for windows,
doors, and other similar openings, shall be of brick, decorative precast, or a decorative
masonry surface, concrete siding, or natural materials such as wood. [Amended 3-19-
2007 by Ord. No. 1822]
c) Roof Design.
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Page 598 of 885
§ 4.2 § 4.2
1) Rooflines longer than 100 horizontal feet shall include at least one vertical elevation
change of at least two feet.
2) All sloped roofs shall have a minimum slope of 4:12, and shall have overhanging eaves
of at least one foot.
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Page 599 of 885
§ 4.2 § 4.2
3) Roofs of clay or concrete tiles, slate, Masonite, or heavy duty/hail resistant
dimensional composition are preferred to convention asphalt (3-tab) roofs. All
composition shingle roofing shall be constructed using high profile, textured shingles.
4) Rooftop mechanical equipment and appurtenances shall be screened so that they are
not visible from any location within 200 feet of the building when viewed from five
feet above grade level. Screening enclosures shall be composed of one or more
predominant materials used in the facades of the primary structure and one of the
predominant colors used in the primary structure.
d) Garages and Carports.
1) All accessory carport structures shall be constructed of materials compatible with the
principal structure on the lot, and shall not be constructed from salvage doors,
corrugated or sheet metal, vinyl, canvas, nondurable materials, or other prohibited
materials as designated by the City.
2) Detached garages and carports shall have pitched roofs with a minimum slope of 4:12.
3) No more than six garage doors may appear on any multifamily primary building
elevation containing entry doors. No more than four garage doors may be grouped
together without an intervening wall surface of at least 20 linear feet (measured
horizontally).
e) Sidewalks. Sidewalks at least four feet wide shall be required along all public streets
adjacent to a development site. Required sidewalks shall be separated from the street by a
curb lawn at least five feet wide; provided, however, that if the predominant width of
existing curb lawns on adjacent blocks is less than five feet, then curb lawns along the
proposed development may match that predominant width.
f) Walkways. Every primary residential structure shall have a paved walkway at least four
feet wide connecting the primary building entrance (in most cases the front door) to the
sidewalk system or parking area. In the case of multifamily or attached dwellings, a
common walkway may be used to satisfy this requirement so long as it provides a direct
and convenient route to every residence served.
2. Additional Standards for the RM-15C District. The following standards shall apply to
multifamily development in the RM-15C district. In the event of any inconsistency between
these standards and other standards in § 4.2.Q: Multi-Unit Residential, these standards shall
govern.
a) At least 50% or more of front and side exteriors (excluding the area of doors or windows)
must be comprised of natural brick, stone, wood siding, decorative pre-cast, decorative
masonry, or other natural materials (excluding plywood or concrete block).
b) For every two dwelling units the building is wide, the roof line must be distinct through
either a separation of roof pitches (minimum difference of at least 5°), a difference in roof
direction, a difference in roof height (minimum of two vertical feet), or a combination of
methods.
c) For every two dwelling units the building is wide, the front facade must be distinct through
either the use of different facade materials, staggered building lines (minimum of two feet),
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§ 4.2 § 4.2
an identifiable permanent architectural design element such as a chimney, pilaster or
column (excluding gutter spouts or siding trim), or a combination of methods.
d) For all dwelling facades that face streets, all windows shall contain shutters on each side
or other decorative window features. [Added 3-19-2007 by Ord. No. 1822]
3. Additional Requirements for CMU, CN-1, CO, and CN-2 Districts. Dwelling units are
allowed in the
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§ 4.2 § 4.2
CMU, CN-1, CO, and CN-2 districts only when part of a mixed-use project and only when
located above the ground floor of buildings containing retail or other commercial floor space on
the ground floor. [Amended 6-6-2022 by Ord. No. 2049]
4. Multifamily Dwelling Design Standards.
a) Application. The standards set forth in § 6.5.A shall apply to all construction of multifamily
dwellings (a) in any zone district where such multifamily dwellings are a permitted or
special use, and (b) in all PUD-O Districts where multifamily dwellings are permitted,
unless explicitly modified by the terms of the PUD-O zone district or related plans
approved by the City. In addition, such developments shall comply with all other applicable
requirements of this Ordinance.
b) (Reserved)14
c) (Reserved)15
d) Off-Street Parking Requirements. In addition to complying with the off-street parking
requirements in § 6.1: Off-Street Parking and Loading, all driveways, service areas and
open parking areas abutting property located in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone
district shall not be located closer than 10 feet to any property line except where driveways
enter or exit the site, nor closer than five feet to any property line for abutting properties in
any other zoning district. [Amended 3-19-2007 by Ord. No. 1822]
e) Utilities. All public utilities shall be placed underground.
f) Accessory Structures and Uses. Only the following types of accessory structures shall be
permitted in connection with a multifamily residential development, and all permitted
accessory structures shall meet the standards set forth in Subsection b) below.
1) Permitted accessory structures and uses:
(a) Community buildings;
(b) Pools;
(c) Tennis courts;
(d) Garages and carports;
(e) Storage structures; and
(f) Similar recreational and accessory structures and uses.
2) Height and Location. Accessory buildings shall not exceed 16 feet in height.
Accessory structures and uses, except garages and carports, shall be located at least
25 feet from all property lines that abut property in an RS-4, RS-5, RS-7, RD-8, or
RD-19 zone district. Where a property line abuts property located in any zone district
other than those listed in the preceding sentence, garages and carports may be located
three feet from the property line. A carport must have a wall at least four feet high on
the side facing the property line if it is located within 10 feet of the property line where
the property line abuts property located in an RS-4, RS-5, RS-7, RD-8, or RD-19 zone
district. Garages and carport walls shall be considered as providing the required
screening. Garages and carports shall not exceed 112
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§ 4.2 § 4.2
14. Editor's Note: Former Subsection Q4(b), Distance and Height Requirements, as amended 3-
19-2007 by Ord. No. 1822, was repealed 1-29-2019 by Ord. No. 1978.
15. Editor's Note: Former Subsection Q4(c), Impermeable Space Limitation, as amended 3-19-
2007 by Ord. No. 1822, was repealed 1-29-2019 by Ord. No. 1978.
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§ 4.2 § 4.2
feet in
length.
Figure 4-3: Multifamily Site Design
R. Parking, Commercial.
1. Commercial parking lots are limited to the parking of operable private passenger vehicles. All
such vehicles shall bear current and valid license plates.
2. No parking lot or parking area may be used as a towing service storage yard.
3. Commercial parking lots shall not be used as sites for vending of any kind.
4. Commercial parking lots shall comply with all standards and requirements applicable to
accessory parking lots, as set forth in § 6.1: Off-Street Parking and Loading, except for the
requirements of Subsection C: Minimum Amounts of Off-Street Parking Required and
Subsection G: Location of Parking Facilities.
5. Commercial parking lots shall comply with all requirements of § 6.2 Landscaping and Open
Space, applicable to parking areas.
S. Retail Sales and Services (Indoor).
1. CMU and CN-1 Districts. In the CMU and CN-1 districts, the gross floor area of retail sales and
services (indoor) may not exceed 3,500 square feet.
2. RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O Districts. In the RD-8, RD-19,
RM-15,
RM-15C, RM-24, RM-36, and CN-O districts, retail sales (a) shall only be permitted in
structures that are more than 50 years old and that contain more than 3,500 square feet of gross
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floor area, and (b) shall be limited to sales of finished pieces of art or crafts.
T. Retail Sales and Services (Outdoor).
1. Retail sales and services (outdoor) shall be located on the same private property containing the
primary use unless an encroachment permit has been obtained from the City to allow use of
public right-of-way.
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§ 4.2 § 4.2
2. In the R districts, outdoor cafes shall not operate after 9:00
p.m.
3. In the R districts, outdoor sales of items, including but not limited to fruits, flowers, and
vegetables raised on the property, shall be limited to no more than 10% or 500 square feet of the
front yard area of the property, whichever is less. [Added 3-19-2007 by Ord. No. 1822]
U. Roominghouse/Boardinghouse. In CN-1, CO, CN-2, and CCBD districts, roominghouses and
boardinghouses must be located at least 1,500 feet from any other roominghouse or boardinghouse
with seven or more residents. Any facility required to be licensed by the State of Michigan shall have
a valid license at all times, and it shall be a violation of this Code to operate at any time without a
valid license. [Amended 3-19-2007 by Ord. No. 1822; 6-6-2022 by Ord. No. 2049]
V. Tearoom/Cafe. In the RD-8, RD-19, RM-15, RM-15C, RM-24, RM-36, and CN-O districts, tearooms
and cafes (a) shall only be permitted in structures that are more than 50 years old and that contain more
than 3,500 square feet of gross floor area, and (b) shall be limited to a maximum of 10 tables for
customer use, and (c) shall only operate between the hours of 10:00 am and 9:00 pm. Outdoor seating
shall not continue past 9:00 p.m.
W. Telecommunications Facilities.
1. Purpose. The purpose of these regulations is to regulate the placement, construction, and
modification of transmission towers and telecommunications facilities in order to protect the
health, safety, and welfare of the public, while at the same time not unreasonably interfering
with the development of the competitive wireless telecommunications marketplace in
Kalamazoo. The specific purposes are as follows:
a) To regulate the location of transmission towers and telecommunications facilities in the
City;
b) To protect residential areas and land uses from potential adverse impact of transmission
towers and telecommunications facilities;
c) To minimize adverse visual impact of transmission towers and telecommunications
facilities through careful design, siting, landscaping, and innovative camouflaging
techniques;
d) To promote and encourage shared use/collocation of transmission towers and antenna
support structures as a primary option rather than construction of additional single-use
transmission towers;
e) To avoid potential damage to property caused by transmission towers and
telecommunications facilities by ensuring such structures are soundly and carefully
designed, constructed, modified, maintained, and removed when no longer used or
determined to be structurally unsound; and
f) To ensure that transmission towers and telecommunications facilities are compatible with
surrounding land uses.
g) Nothing in this section applies to amateur radio antennas, or facilities, used exclusively for
the transmission of television or radio signals.
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2. Siting; Permitted and Special Uses. No telecommunication facility or transmission tower may
be constructed, modified to increase its height, installed or otherwise located within the City
except as provided in this section. Depending on the type and location of the telecommunication
facility, the telecommunication facility will be either a permitted use, subject to building review
procedures, or a special use.
a) No special use permit is required for a telecommunication facility or transmission tower
that is allowed as a permitted use pursuant to § 4.2W.3: Collocation on Existing Towers, §
4.2W.4: Collocation on Other Structures, and § 4.2W.5: Construction of New Transmission
Towers. Such
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§ 4.2 § 4.2
telecommunication facilities will require site plan review and any permits required by the
Kalamazoo City Code.
b) A telecommunication facility or transmission tower that, pursuant to § 4.2W.3: Collocation
on Existing Towers, § 4.2W.4: Collocation on Other Structures, and § 4.2W.5:
Construction of New Transmission Towers, requires a special use permit, must be
processed in accordance with § 8.3D: Special Use Permit and in accordance with
established administrative policies, including review by appropriate City of Kalamazoo
advisory boards. No permits may be issued prior to completion of the special use permit
and site plan process, including any appeals.
3. Collocation on Existing Towers.
a) Collocation of an additional antenna on an existing transmission tower will be considered
a permitted use in any M-1, M-2, CCBD, CO, CBTR, CN-1, CN-2, CMU, P or IC district,
or if the transmission tower is in any other zoning district, and the City specifically
approved, as part of a special use permit process authorizing the transmission tower,
collocation of additional antennas. [Amended 6-6-2022 by Ord. No. 2049]
b) Collocation of an additional antenna on an existing transmission tower requires a special
use permit in any RS, RD, RM, RMU, RMHP or CNO district if approval for collocation
was not granted through a prior special use permit process.
4. Collocation on Other Structures.
a) In addition to collocation on an existing transmission tower, an antenna may be collocated
on existing buildings, light poles, utility poles, and water towers.
b) Such collocation on a building, light pole, utility pole, or water tower, will be considered a
permitted use provided that the antennas and ancillary facilities comply with all applicable
building codes, the color of the antennas blends in with the existing structure and
surroundings, the antennas do not exceed the height limitation of the zoning district, and
the property is located in any M-1, M-2, CCBD, CO, CBTR, CN-1, CN-2, CNU, P or IC
district. [Amended 6-6-2022 by Ord. No. 2049]
c) Such collocation on a building, light pole, utility pole, or water tower requires a special use
permit in any RS, RD, RM, RMU, RMHP, or CNO district. Said antenna(s) may not exceed
the building height allowed in the district, or 18 feet above the structure, whichever is less.
Said antenna(s) may project no more than two feet away from the existing structure, and
the color of the antenna(s) must blend in with the existing structure and surroundings.
5. Construction of New Transmission Towers. Construction of a transmission tower or a
modification of an existing transmission tower to increase its height will be allowed as
follows:
a) Such construction or modification is considered a permitted use in M-1 and M-2.
b) Such construction requires a special use permit in any CCBD, CO, CN-1, CN-2, CMU, P
or IC district. Such construction also requires a special use permit in any RS, RD, RM,
RMHP, CNO or IC district, but only in the following locations: [Amended 6-6-2022 by
Ord. No. 2049]
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1) Religious assembly, but only when designed as a steeple, bell tower, or similar
accessory structure compatible with the principal use on the property.
2) Parks.
3) Government, public utility, or public school sites.
c) Such construction shall be prohibited in the CBTR district.
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§ 4.2 § 4.2
d) Any new transmission tower must be built, constructed, or erected with the capability of supporting
a minimum of two other telecommunication facilities, comparable in weight, size, and
surface area to the applicant's facilities, pursuant to § 4.2W.7.c: Standards for Transmission
Towers and Antennas.
6. Application Requirements. Application requirements shall be set forth by the City Planner and
may be modified from time to time as necessary. If a special use permit is required, the
application requirements shall also include all materials required for a special use permit
pursuant to § 8.3D: Special Use Permit.
7. Standards for Transmission Towers and Antennas. Installation, construction or modification of
all transmission towers and antennas must comply with the following standards, unless a waiver
is obtained pursuant to the provisions of § 4.2W.9: Waiver.
a) No transmission tower may be constructed within one-mile of any existing transmission
tower. Tower separation must be measured by following a straight line from the portion of
the base of the proposed transmission tower that is closest to the base of any preexisting
transmission tower. For purposes of this paragraph, an existing tower includes any
transmission tower for which the City has issued a building permit, or for which an
application has been filed and not denied. Transmission towers constructed or approved
prior to August 1, 1997, may be modified to accommodate additional providers consistent
with provisions for collocation in this section.
b) Transmission tower and antenna heights are governed by this section except as provided for below:
1) If located within any M-1 or M-2 district, the height limitation for that zoning district applies.
2) If located within any CO, CN-1, CN-2, CMU, P or IC district, the maximum height
of a transmission tower, including antennas, is 100 feet, unless a waiver is granted
pursuant to the provisions of § 4.2W.9: Waiver. [Amended 6-6-2022 by Ord. No.
2049]
3) If located within any RS, RD, RM, RMHP, RMU, CNO or IC district, the maximum
height of a transmission tower, including antennas, is 75 feet, unless a waiver is
granted pursuant to the provisions of § 4.2W.9: Waiver.
c) New transmission towers must be designed to accommodate collocation of additional
providers:
1) New transmission towers of a height of 100 feet or more must be designed to
accommodate collocation of a minimum of two additional providers either outright or
through future modification to the transmission tower.
2) New transmission towers of a height of at least 60 feet and no more than 100 feet must
be designed to accommodate collocation of a minimum of one additional provider
either outright or through future modification to the transmission tower.
d) The following setbacks from adjacent property lines and adjacent streets are required unless
a waiver is granted pursuant to the provisions of § 4.2W.9: Waiver:
1) If located within any RS, RD, RM, RMHP, RMU, CNO or IC district, the transmission
tower must be set back from adjacent property lines a minimum number of feet that
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is equal to the height of the transmission tower.
2) If the transmission tower is located on a parcel in any nonresidential zoning district that
abuts residentially zoned property, the transmission tower must be set back from the
adjacent residentially zoned property line a minimum number of feet that is equal to
the height of the transmission tower.
3) In any RS, RD, RM, RMHP, RMU, CNO or IC district, transmission towers must be set back
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§ 4.2 § 4.2
from adjacent public streets a minimum number of feet that is equal to the height of the
transmission tower. In all other zoning districts, the setback from adjacent public
streets must be a minimum of 25 feet.
e) In all zoning districts, existing vegetation must be preserved to the maximum extent
possible. In all zoning districts, landscaping must be placed completely around the
transmission tower and ancillary facilities located at ground level except as required to
access the facility. Such landscaping must consist of evergreen vegetation with a minimum
planted height of six feet placed densely so as to form a screen. Landscaping must be
compatible with other nearby landscaping and must be kept healthy and well maintained.
Landscaping must be installed on the outside of any fencing.
f) In any CN-1, CN-2, RS, RD, RM, RMHP, RMU, or CNO district and in all other zoning
districts when the adjacent property is zoned residentially or occupied by a dwelling,
hospital, school, library, or nursing home, noise generating equipment must be sound-
buffered by means of baffling, barriers, or other suitable means to reduce sound level
measured at the property line to 45 dBa. In all other locations, noise must be regulated by
applicable City ordinances.
g) Transmission towers may not be artificially lighted except as required by the Federal
Aviation Administration (FAA). In cases where there are residential uses located within a
distance that is 300% of the height of the transmission tower from the transmission tower,
and when required by federal law, dual mode lighting must be requested from the FAA.
h) The transmission tower and attached antennas must be unpainted galvanized steel or
painted neutral colors or such shades as are appropriate and compatible with the
surrounding environment, as approved by the City.
i) No signs, striping, graphics or other attention getting devices are permitted on the
transmission tower or ancillary facilities except for warning and safety signage with a
surface area of no more than three square feet. Such signage must be affixed to a fence or
ancillary facility and the number of signs is limited to no more than two.
8. Standards for Ancillary Facilities to a Transmission Tower. All ancillary facilities must comply
with the standards of Subsections (e) and (f) of § 4.2W.7: Standards for Transmission Towers
and Antennas. In addition, all ancillary facilities within any RS, RD, RM, CNO or IC district
must be located underground to the maximum extent technology allows, unless a waiver is
obtained pursuant to the provisions of
§ 4.2W.9: Waiver. This underground restriction does not apply within other zoning districts.
9. Waiver.
a) Any waiver to the requirements of this section may be granted only pursuant to the
following provisions. The criteria for granting a waiver are as set forth in this section only,
and may not include the criteria in § 8.3D: Special Use Permit.
b) The City may grant a waiver from the provisions of § 4.2W.7: Standards for Transmission
Towers and Antennas, provided the applicant demonstrates that:
1) It is technologically impossible to locate the proposed transmission tower on available
sites more than one-mile from a preexisting transmission tower and still provide the
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approximate coverage the transmission tower is intended to provide;
2) The preexisting transmission tower that is within one mile of the proposed transmission
tower cannot be modified to accommodate another provider; and
3) There are no available buildings, light or utility poles, or water towers on which
antennas may be located and still provide the approximate coverage the transmission
tower is intended
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§ 4.2 § 4.2
to
provide.
4) The City may grant a waiver to the setback and undergrounding requirements of
Subsection
(d) of § 4.2W.7: Standards for Transmission Towers and Antennas or § 4.2.W8:
Standards for Ancillary Facilities to a Transmission Tower, upon finding that stealth
design, proposed landscaping, configuration of the site, or the presence of mature trees
obviates the need for compliance.
5) The City may grant a waiver to the one-hundred-foot height limitation in any CO, CN-
2, CN-1, or CMU district, or to the seventy-five-foot height limitation in any RS, RD,
RM, RMU, CNO, or IC district if the applicant shows, through written documentation
provided by an engineer, that the proposed height is the minimum height needed to
meet service needs and to accommodate future collocations per Subsection (c) of §
4.2W.7: Standards for Transmission Towers and Antennas. [Amended 6-6-2022 by
Ord. No. 2049]
6) If the proposed transmission tower, ancillary facility or other telecommunication
facilities require a special use permit, the request for waiver must be considered as
part of the special use permit process. If the proposed transmission tower, ancillary
facility or other telecommunication facilities are a permitted use, the request for a
waiver must be decided by the City Planner and must be based on the criteria in this
section.
10. Removal of Facilities.
a) All transmission towers, antennas, transmission tower substructures and ancillary facilities
must be removed within six months of the time that the facilities have ceased being used
to transmit, receive or relay voice and data signals to or from wireless communication
devices. The owner and operator of the tower, antenna, substructure or facility and the real
property owner upon which the tower, antenna, substructure or facility is located are
responsible for removing such facilities. The site must be restored with appropriate
landscaping to its pre-transmission tower appearance. The City Planner may grant one six-
month extension where a written request has been filed, within the initial six month period,
to reuse the transmission tower or antennas.
b) The City may require the posting of an open-ended bond or accept some other performance
guarantee suitable to the City before building permit issuance to insure removal of the
transmission tower, substructure or antennas after the facility no longer is being used.
11. Fees. Notwithstanding any other provision of this code, the City Planner may require, as part of
application fees for building or special use permits for telecommunication facilities, an amount
sufficient to recover all of the City's costs in retaining consultants to verify statements made in
conjunction with the permit application, to the extent that verification requires
telecommunications expertise. This amount of this fee shall be set by City Commission
resolution.
X. Transitional Residence. In the CN-2 and CCBD districts, transitional residences must be located at
least 1,500 feet from any other transitional residence, adult foster-care group home, and any other
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adult foster-care facility with seven or more residents. Any facility required to be licensed by the
State of Michigan shall have a valid license at all times, and it shall be a violation of this Code to
operate at any time without a valid license. [Amended 6-6-2022 by Ord. No. 2049]
Y. Scrap and Salvage Operations, Storage of Inoperable Vehicles, and Recycling Facilities. Wrecking
and towing services, scrap and salvage yards and storage areas for one or more impounded, damaged
or inoperable vehicles (whether licensed or unlicensed) for a period of more than 24 hours, and
recycling facilities, must comply with the following standards: [Amended 3-19-2007 by Ord. No.
1822]
1. The development must contain a minimum of two acres.
2. The use must be completely screened from view of public rights-of-way and adjacent
properties by a
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§ 4.2 § 4.2
vertical wall or fence (and associated gates and doors) with a uniform height of no less than eight feet
and a maximum height of not more than 12 feet. The wall or fence must be plumbed vertically
and squared and constructed of masonry material with natural or painted finish, wood with
appropriate finish for species use; plywood of a type and texture customarily used as exterior
building siding protected from weathering; corrugated or channeled metal with a field or factory
applied finish approved by the finish manufacturer for exterior use on the specific metal of the
panel. The wall or fence must resist the exterior wall wind loads prescribed in Chapter 9,
Building Regulations, Code of Ordinances of Kalamazoo. Verification of the wind load
resistance must be provided by a Michigan registered architect or engineer. Gates must be
constructed of materials as prescribed for the nonmasonry walls or fences. Gates must be
supported so as to maintain level and plumb when closed.
3. Walls or fences and gates and doors must be repaired, maintained and kept in good condition
(free of chips, scratches, peeling and graffiti) and set back a minimum of six feet from property
lines abutting public rights-of-way. Gates and doors may not extend into the public right-of-way
and must be closed when the facility is not in use or operation. The area outside of the walls or
fences, on the property of the establishment, must be covered with grass or ground cover and kept
in reasonable and safe condition.
4. Notwithstanding the other standards and requirements of this section, wrecking and towing
services, scrap and salvage yards and storage areas in existence on November 18, 1996:
a) That are less than two acres in area do not need to acquire additional area.
b) That have any walls or fences that are in full compliance with the standards in this
subsection, but that are not set back a minimum of six feet from the property line, are not
required to comply until they are replaced or substantially repaired.
Z. Wind Energy Units. [Added 9-20-2010 by Ord. No. 1872]
1. General.
a) Building-mounted wind energy units shall be permitted in all zoning districts. Approval of
a site plan is required for such units, except in the RS and RD zones.
b) Small, freestanding wind energy units that are not the primary use on a parcel shall be
permitted in all zoning districts except the CCBD zone. Approval of a site plan is required
for such units, except in the RS and RD zones.
c) Large and multiple freestanding wind energy units that are not the primary use on a parcel
shall be permitted in all zoning districts except the RS, RD, and CCBD zones. Approval of
a site plan is required for such units.
d) Freestanding wind energy units that are the primary use on a parcel shall be permitted in all
zoning districts except the RS, RD, and CCBD zones, but a special use permit is required
from the Planning Commission. Approval of a site plan is also required for such units.
e) In all zoning districts, freestanding wind energy units shall be set back from all property
lines a distance equal to at least the height of the unit as measured from the ground level to
the top of the monopole or rotor blade in the vertical position, whichever is higher.
2. Height and Location of Equipment.
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a) Building-mounted wind energy units shall not exceed 10 feet in height above the highest
portion of the roofline for buildings in the RS and RD zoning districts, and shall not exceed
20 feet in height above the highest portion of the roofline for buildings in all other zoning
districts.
b) A maximum of one, building-mounted wind energy unit is allowed for every 900 square
feet of the
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§ 4.2 § 4.2
footprint for each building on a
parcel.
c) Building-mounted wind energy units shall be placed on top of the building roof or attached
to the side or rear of the building. Such units shall not be mounted on any building wall that
faces a public street. No portion of the structure or blades of a wind energy unit shall project
over the property lines of the parcel.
d) Small, freestanding wind energy units shall not exceed 60 feet in height as measured from
the ground level to the top of the monopole or rotor blade in the vertical position, whichever
is higher.
e) Large, freestanding wind energy units shall not exceed 200 feet in height as measured from
the ground level to the top of the monopole or rotor blade in the vertical position, whichever
is higher.
f) A maximum of one, freestanding wind energy unit is allowed for each parcel containing
one acre or less, and a maximum of one, freestanding wind energy unit is allowed for each
acre for parcels containing more than one acre.
g) Freestanding wind energy units on a parcel must be separated from each other by a distance
equal to at least three times the maximum diameter of the blade rotation space of the unit
or 100 feet, whichever is greater.
h) The minimum distance between the ground level and the tip of the rotor blade in the
downward vertical position for freestanding wind energy units shall be 20 feet.
i) Freestanding wind energy units shall only be allowed in side and rear yards, and not within
building setbacks. They shall not be allowed in front yards or front setbacks.
3. Design and Operation.
a) Freestanding wind energy units shall be monopole or tubular design only. They shall have
nonreflective surfaces. Lattice-type units or units with guy wires are not permitted.
b) Building-mounted and freestanding wind energy units shall not contain lettering,
advertisements, or commercial graphics. Information regarding the manufacturer and/or
emergency contacts may be placed on the unit within a maximum one-square-foot area.
Exterior lighting shall not be allowed except as required by the FAA.
c) Braking/feathering systems are required for all wind energy units to prevent high and
potentially dangerous levels of rotation.
d) Electrical wiring between freestanding wind energy units and electrical storage or transfer
equipment shall be placed underground when feasible.
e) Operation of all wind energy units shall comply with the City's noise and nuisance
ordinance standards. All wind energy units shall be installed and shall operate such that no
flicker effects occur on adjacent building windows or doors, roads, or public/private
occupied areas. The City Planner may require a flicker effect study be completed for a
proposed wind energy unit if deemed necessary.
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f) A visual analysis shall be provided for all wind energy units that require site plan review.
Such analyses shall show depictions of the proposed unit from four different vantage
points, and shall be included as part of the site plan review process.
g) For all wind energy units, a written statement shall be submitted to the City indicating that
the unit will not interfere with the local police/fire communications, or
television/radio/cellular phone signaling.
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§ 4.2 § 4.3
4. Decommission Plan. A decommission plan is required for all freestanding wind energy units detailing
the equipment removal process when the unit is no longer used. The equipment shall be removed
within six (6) months of cessation of operation, unless an extension is granted by the City
Planner. Such plans are required at the time of site plan review or building permit submittal.
5. Fees for review. The standard permit and review fees shall be applied to wind energy unit
projects as applicable.16
§ 4.3. Accessory and Temporary Uses and Structures.

The standards of this section apply to all accessory and temporary uses and structures unless otherwise
expressly stated.
A. Purpose. This section regulates uses and structures that are incidental to principal uses and buildings
to prevent them from becoming the predominant element of the site. The standards provide for
necessary access around structures, help maintain privacy to abutting lots, and maintain open front
setbacks.
B. General Standards.
1. Subordinate to Principal Use. Accessory uses and structures must be subordinate to the principal
use and structure on the subject lot in terms of area, extent and purpose.
2. Time of Establishment and Removal. Accessory structures must be constructed in conjunction
with or after the principal building. They may not be built prior to the construction of the
principal structure. No accessory use or structure may continue in use or operation after the
principal primary structure or principal to which it is accessory has been removed or ceased
operation, unless the accessory use is also listed as a permitted use in the zone district.
3. Compliance with District Standards. Unless otherwise expressly stated, the setback, height, and
building coverage standards of the underlying district apply to both principal and accessory
structures.
C. Building Coverage.
1. The combined footprint of all detached covered accessory buildings may not exceed 20% of the
total area of the lot, unless a larger lot coverage is specifically permitted by another provision
of this Ordinance.
2. A detached accessory building may not have a larger building footprint than the building
footprint of the principal structure.
D. Location in Required Setbacks.
1. Accessory structures not more than 16 feet in height may be located in required rear setbacks if
they do not occupy more than 33% of the actual rear yard area and are located at least three feet
from any lot line. Preexisting, detached, conforming accessory structures located in rear yards
shall not become nonconforming if the primary structure on the site is expanded causing any
portion of the accessory structure to be in the side yard. [Amended 3-19-2007 by Ord. No.
1822]
2. Trellises that provide entry into a property may be located in required front yard setbacks if they
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are no more than eight feet tall, eight feet wide, and eight feet deep, are not located in the public
right-of-way, do not obscure or block vehicular traffic lines of sight, do not impede or block
pedestrian circulation, and do not hinder access to the property by emergency services and
equipment. One such trellis is allowed per pedestrian entrance into a property. When required
by the Building Official, a building
16. Editor's Note: Former Subsection AA, Marihuana Facilities, added 4-2-2018 by Ord. No.
1957, as amended, which immediately followed this subsection, was repealed 5-18-2020 by
Ord. No. 2007.
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Page 621 of 885
§ § 4.3
4.3 permit shall be obtained prior to the erection of a trellis. [Amended 3-19-2007 by Ord. No.
1822]
3. Mechanical structures, such as heat pumps, air conditioners, emergency generators, and water
pumps are not allowed in required front setbacks, but may be located in rear or side setbacks if
located at least three feet from rear and side lot lines.
4. No ornamental or other lawn feature, including but not limited to statues, figurines, decorations,
art objects, animal shelters, containers, or other similar items, over 2 1/2 feet in height shall be
installed or maintained within 25 feet of any public street, or within any triangular area defined
by the following three types of points: [Amended 3-19-2007 by Ord. No. 1822]
a) Point 1: The point of intersection of intersection of any public street with (i) any other public
street, or (ii) any railroad right-of-way with an at-grade crossing, or (iii) any private
driveway (other than a driveway for a single- or two-family residential structure);
b) Point 2: A point along the side right-of-way line of the first public street located 25 feet
away from the point of intersection; and
c) Point 3: A point along the side line of second public street, or the railroad right-of-way, or
the private driveway, located 25 feet away from the point of intersection.
E. Height of Accessory Buildings. Unless otherwise expressly stated, no accessory building in a
residential district may exceed 16 feet in height. In a nonresidential district, no accessory building
may exceed the height of the principal building on the same lot.
F. Setbacks. Unless otherwise expressly stated, accessory structures may not be located in the front
yard. Detached garages and carports can be located in front yards but not in required front yard
setbacks.
G. Home Occupations.
1. General. Some types of work can be conducted at home with little or no effect on the
surrounding neighborhood. The home occupation regulations of this subsection are intended to
permit residents to engage in customary home occupations, while ensuring that such home
occupations will not be a detriment to the character and livability of the surrounding area. The
regulations require that home occupations (an accessory use) remain subordinate to the allowed
principal use (residential) and that the residential viability of the dwelling unit is maintained.
2. Allowed uses. The home occupation regulations of this subsection establish performance
standards rather than detailed lists of allowed home occupations. Except as otherwise provided
in this subsection, businesses located in a residential dwelling that comply with all of the
standards of this subsection will be allowed as home occupations unless they are specifically
prohibited. The home occupation must be clearly subordinate and incidental to the use of the
dwelling as a residence. [Amended 9-20-2010 by Ord. No. 1873]
3. Where Allowed. Home occupations that comply with the regulations of this section will be
allowed as an accessory use to any allowed residential use.
4. Size. A home occupation may not occupy more than 25% of the floor area of the principal
dwelling unit.
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5. Prohibited Uses.
a) Vehicle and Large Equipment Storage/Repair. Any type of repair, assembly or storage of
vehicles or equipment with internal combustion engines (such as autos, motorcycles,
scooters, snowmobiles, outboard marine engines, lawn mowers, chain, saws, and other
small engines) or of large appliances (such as washing machines, dryers, and refrigerators)
or any other work related to motor vehicles and their parts is prohibited as a home
occupation.
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§ 4.3 § 4.3
b) Dispatch Centers. Dispatch centers, where employees come to the site to be dispatched to other
locations, are not allowed as home occupations.
c) Animal Boarding Facilities. Animal boarding facilities are not allowed as home
occupations. This includes kennels, commercial stables and all other types of animal
boarding facilities.
d) Restaurants. All types of restaurants are prohibited as home occupations.
e) Firearms. All uses involving the distribution of firearms or the storage of firearms intended
for sale or distribution are prohibited as home occupations.
f) Barber and Beauty Shops. All types of barber and beauty shops are prohibited as
home occupations.
6. Resident-Operator. The operator of a home occupation must be a full-time resident of the subject
dwelling unit and be on the premises during the hours of operation of the home occupation.
7. Employees. A maximum of one nonresident employee may be on the premises at any one time.
For the purpose of this provision, the term "nonresident employee" includes an employee,
business partner, co- owner, or other person affiliated with the home occupation, who does not
live at the site, but who visits the site as part of the home occupation.
8. Signs. No more than one nameplate sign with a maximum size of one square foot is allowed.
Such sign must be attached to the building and may not be illuminated.
9. Location. All work areas and activities associated with home occupations must be conducted and
located inside the principal dwelling unit, and not on the ground floor in accessory buildings or
garages, whether attached or detached.
10. Exterior Appearance. There may be no visible evidence of the conduct of a home occupation
(other than an allowed sign) when viewed from the street right-of-way or from an adjacent lot.
There may be no change in the exterior appearance of the dwelling unit that houses a home
occupation or the site upon which it is conducted that will make the dwelling appear less
residential in nature or function. Examples of such prohibited alterations include construction of
parking lots, paving of required setbacks, or adding commercial-like exterior lighting.
11. Operational Impacts. No home occupation or equipment used in conjunction with a home
occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage that
is perceptible beyond the lot line of the lot upon which the home occupation is conducted. No
hazardous substances may be used or stored in conjunction with a home occupation.
12. Retail Sales and Display. No stock in-trade may be stored or sold upon the premises, other than
those produced on the premises.
13. Customers. Customers or clients may visit the site only during the hours of 8:00 a.m. to 8:00
p.m. No more than eight customers or clients may visit the site in any single day, and no more
than two customers or clients shall be on the premises at any one time. [Amended 9-20-2010
by Ord. No. 1873]
14. Deliveries. Deliveries or pickups of supplies or products associated with Home Occupations are
allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pick-up are limited
to those normally servicing residential neighborhoods. Tractor-trailers are expressly prohibited.
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15. Other Codes. All Building, Housing, Fire, and other local or state codes and ordinances shall be
adhered to for home occupations.17 [Added 9-20-2010 by Ord. No. 1873]
17. Editor's Note: Former Subsection G.16, Medical Marihuana, added 9-20-2010 by Ord. No.
1873, as amended, which immediately followed this subsection, was repealed 5-18-2020 by
Ord. No. 2007.
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Page 625 of 885
§ 4.3 § 4.3
H. Accessory Dwelling Units. [Reserved]
I. Accessory Residential Swimming Pools. Accessory residential swimming pools are accessory
structures that must meet the following additional standards. In the event of a conflict between any
of the provisions below and any other provision of this Ordinance, the provisions below shall govern:
1. No accessory residential swimming pool shall cover more than 50% of any required side or rear
yard area. No accessory swimming pool shall be located in any portion of a required front yard
area.
2. Required swimming pool fences shall meet all applicable requirements of the building code, and
may be combined with any other fence permitted in a side or rear yard area (e.g. a perimeter
fence) meeting all applicable requirements of this Ordinance.
J. Temporary Sales and Service (Outdoor).
1. Outdoor temporary sales or service uses are permitted only in the C districts, the M districts, the
P district, the IC districts, or on a property containing a permitted primary nonresidential use in
an R zone district.
2. No outdoor temporary sales or service use may operate on a commercial parking lot (i.e., a
parking lot on a property on which there is no other permitted primary use).
3. Except in the CCBD district, each temporary outdoor sales or service use shall be accessory to
a permitted primary use on the property. Sales of merchandise or provision of services unrelated
to such permitted primary use is not permitted, except as follows. [Amended 6-6-2022 by Ord.
No. 2049]
a) Any permitted primary use may permit a grill or outdoor food stand to operate on the
property.
b) Any permitted primary use may permit an outdoor temporary sales or service use
operated by, or in support of, or as a fund-raiser for, a nonprofit institution.
4. No outdoor temporary sales or service use shall be located in the public right-of-way or on
public property unless an encroachment permit has been obtained from the City.
5. Outdoor temporary sales or service uses may only operate after obtaining a temporary use permit
pursuant to § 8.3J: Temporary Use Permit.
6. Each operator of a temporary sales or service use shall obtain a license or permit from the City
Clerk, as applicable.
7. No property shall have outdoor temporary sales or services uses operating on the property for
more than 30 days in any calendar year.
8. The property on which an outdoor temporary sales or service use operates shall be kept clean
and sanitary condition at all times, and all litter and trash shall be removed at the end of each
day.
9. If the outdoor temporary sales or service use involves a vending cart or a motorized vehicle, such
cart or vehicle shall be stored in a permanent structure whenever the use is not in operation.
10. The location of the outdoor temporary sales or service activity shall allow customers to drive
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into an existing off-street parking area. No temporary outdoor sales may interrupt the flow of
traffic on public streets or access ways into a shopping area.
11. No outdoor sales or service use may operate from a tent without prior approval from the
Kalamazoo Public Safety Department.
12. The area occupied by the outdoor temporary sales and service activity, plus any required area
for emergency vehicle access, shall occupy no more than 20% of any required off-street parking
spaces or
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§ 4.3 § 4.3
area. In no event shall any such area occupied by the outdoor temporary sales or service use be greater
than 7,500 square feet. In all cases, the applicant shall demonstrate that there will be adequate
parking for the existing structures as well as the temporary outdoor sales.
13. All trucks, carts, motorized vehicles, or tents and associated parking shall be located on
asphaltic, concrete, or equivalent surface unless the applicant demonstrates no adverse effect on
drainage, access, or the intent of this Ordinance, as determined by the City Planner.
14. In the R districts, outdoor temporary sales and service uses shall not operate after 8:00 p.m. or
before 8:00 a.m.
15. Any applicant who possesses a valid permit in accordance with the requirements of this § 4.3J,
and while currently engaged in temporary sales operations, may display one portable sign not to
exceed eight square feet in area on one surface and not to exceed six feet in height at the location.
Such sign shall be placed behind the applicable building setbacks or a minimum of four feet
from the property line, which ever is greater. An approved temporary use permit for temporary
outdoor sales activity shall also serve as a sign permit for the sign permitted by this subsection.
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§ 5.1 § 5.1
CHAPTER 5
Density/Intensity/Dimensional
Standards
§ 5.1. Residential District Standards.

All development in the residential districts must comply with the standards in the following table unless
otherwise expressly stated, or unless a different standard is required by an applicable overlay district.
Table 5.1-1 Residential District Standards

[Amended 3-19-2007 by Ord. No. 1822; 1-29-2019 by Ord. No. 1978]
Standards RS-4 RS-5 RS-7 RD-8 RD-19 RM-15 RM-15C RM-24 RM-36 RMU
Minimum Lot Size
Lot Area (square feet) 10,000 4,500 6,250 6,250 4,000 4,000 5,000 5,000 4,000 5,500
Lot Area Per Dwelling 10,000 4,500 6,250 3,125 1,500 1,500 2,900 1,800 1,000 1,210
Unit (square feet)
Lot Width (feet) [1] 75 33 50 50 33 33 40 50 33 44
Minimum Setback (feet)
Front [2] 25 25 20 20 20 20 20 20 15 15
Rear — abutting RS/RD 25 25 20 20 20 20 25 25 25 25

districts
Rear — abutting RM/ 25 25 20 20 20 20 20 20 20 20

C/M districts
Side (interior) — abutting 8 5 5 5 5 5 15 15 [3] 5 [3] 15 [3]

RS/RD districts
Side (interior) — abutting 8 5 5 5 5 5 5 5 5 5

RM/C/M districts
Minimum Outdoor Area
Area (square feet per — — — — — — 75 50 50 50

dwelling unit)
Minimum Dimension — — — — — — 7.5 5 5 5

(feet)
Maximum Impervious Coverage
(percent of lot area) [4] 45 45 50 55 60 60 60 60 70 60
Maximum Height
(feet) 35 35 35 35 35 35 35 4 stories 6 stories 6 stories [5

[5] [5]
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§ 5.1 § 5.2
NOTES:
[1] Lot width is measured at the front setback line.
[2] Provided, however, that when 25% or more of all the frontage on one side of a street between two
intersecting streets was, on April 22, 1954, built up with buildings, no building erected or altered
after that date shall project beyond the average of the setback line so established, and provided,
further, that no building shall be required to set back more than 40 feet in any case as a result of
this provision.
[3] Buildings over 35 feet in height shall have a side yard setback of 15 feet.
[4] The Planning Commission is authorized to modify impervious cover limits for uses requiring
special use permit approval.
[5] Additional building height may be allowed if reviewed and approved as a Planned Unit
Development.
§ 5.2. Commercial and Manufacturing District Standards.

All development in the Commercial and Manufacturing districts must comply with the standards in the
following table unless otherwise expressly stated.
Table 5.2-1 Commercial And Manufacturing District Standards

M-2
CMU
Minimum Site Area for Rezoning CNO
to the District CN-1 CO CN-2 CCB CBTR M-1
D
(square feet) — — — 5,000 1 Ac — 2 Ac 1 Ac 1 Ac

Maximum Site
Area
(square feet) — — 15,0 7 Ac — — — —
00
Minimum Lot
Size
Lot 2,90 6,250 2,90 5,000 5,00 — — 5,000 5,000
Area 0 0 0
(square
feet)
Lot Area per 1,80 3,750 1,80 [1] 1,80 — N NA NA

Dwelling Unit 0 0 0 A
(square feet)
Lot Width (feet) — 50 — [2] — — — — —
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§ 5.1 § 5.2
Minimum
Setbacks (feet)
Front — 15 — 50 — 25
Rear — abutting R 15 25 15 15 15 — 50 25 50
district
Rear — abutting — 20 — — [3] — — 50 — 25
alley or C/M
district
Side (Interior) — 15 15 15 15 15 — 25 25 50
abutting R
district
Side (Interior) — 6 — — [3] — — 25 — 25

abutting C/M
district
Maximum Height
(feet) 5 50 3 65 3 [4] 50 [5] — —
0 5 5
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Page 632 of 885
§ 5.2 § 5.3
Table 5.2-1 Commercial And Manufacturing District Standards
CMU [Amended
CNO3-19-2007
CN-1by Ord. CO
No. 1822; 6-6-2022
CN-2by Ord.
CCBNo. 2049] CBTR M-1
D M-2
Maximum Impervious Cover
(% of lot) 65 60 65 70 75 100 70 80 80
NOTES:
[1] 900 square feet of lot area per multifamily unit, 4000 square feet of lot area per single-family or
duplex dwelling unit.
[2] No requirement unless the lot is used for residential purposes, in which case the minimum lot width
shall be 44 feet at the building line.
[3] No requirement unless the site is used for residential purposes, in which case a setback of five feet
shall be required.
[4] See § 2.3G.4: CCBD Central Business District.
[5] Mechanical equipment on the roof of the building may not exceed 20 feet in height and must be
screened. Mechanical equipment is not counted toward the maximum building height of the
building. Maximum height of 30 feet for buildings located within 100 feet of R districts or lots
containing residential use.
§ 5.3. Measurements, Computations and Exceptions.

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.
D. 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.
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§ 5.2 § 5.3
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%. [Amended 3-19-2007 by Ord. No. 1822]
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.
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§ § 5.3
5.3 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 Uses and Structures.
h) Fences and walls may encroach into setback area as permitted by § 4.3: Accessory Uses
and Structures.
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§ 5.3 § 5.3
Figure 5-1: Building Setbacks

[Amended 3-19-2007 by Ord. No. 1822]
E. 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
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Page 636 of 885
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
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§ 5.3 § 5.3
height limit of the underlying zoning
district.
Figure 5-2: Building Height Measurement

(Composite of Several Roof Forms)
F. Impervious Cover. Impervious surface is any hard surfaced, human-made area that does not readily
absorb or retain water, including but not limited to building roofs, parking and driveway areas,
graveled areas, sidewalks and paved recreation areas. In addition, impervious cover includes
swimming pools, because absorbed and retained water is not permitted to permeate the ground. City
approved pervious paving materials may be excluded from impervious cover calculations.
G. Limitations. The regulations of this chapter 5 shall not be applied so as to reduce the buildable width
or depth of any lot of record to less than 50% of its average width or depth. These yard and setback
regulations shall not be applied so as to prohibit the reconstruction of a one-family dwelling, existing
on October 18, 2005, that has been damaged or destroyed and that is reconstructed within two years
from the date of said damage or destruction; provided such reconstruction shall maintain the same
yard and setback dimensions as the original structure.
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§ 6.1 § 6.2
CHAPTER 6
General Development
Standards
All development in all zone districts shall comply with all applicable standards in this chapter 6, unless
specifically exempted in the subsections below, or unless a different standard is required by an applicable
overlay district. These standards shall apply in addition to:
A. Those district-specific standards listed in Chapters 2 and 3 (for the zone district(s) where the property is
located); and
B. Those use-specific standards listed in Chapter 4 (as applicable to the proposed use); and
C. Those density/intensity/dimensional standards in Chapter 5.
In the event of any conflict between the standards set forth in this chapter 6 and the standards set forth in
Chapters 2 through 5, the latter shall govern.
§ 6.1. (Reserved)18
§ 6.2. Landscaping and Open Spaces.

A. Intent. The intent of § 6.2 is to specify landscape requirements for all land uses requiring site plan
review, and to provide for landscape techniques to achieve compatibility between abutting and
adjacent uses, including public and private streets. These regulations are designed to have flexibility
taking into account the high percentage of already developed property and the wide variation in the
size of existing lots. In addition, these regulations are intended to:
1. Promote the public health, safety and general welfare by reducing noise, air and visual pollution,
air temperature, and light glare;
2. Improve air quality;
3. Prevent soil erosion and increase water retention;
4. Improve the appearance of on-premises parking, vehicular-use areas, and property abutting
public rights-of-way;
5. Improve the aesthetics and safety of pedestrian sidewalks, both within paved areas and along
public rights-of-way;
6. Require buffering between different land uses;
7. Protect residential privacy; and
8. Encourage the use of landscape vegetation native to Southwest Michigan.
B. Applicability. All uses requiring a sketch site plan or full site plan pursuant to § 8.3H: Site Plan shall
comply with the requirements contained in § 6.2.
C. General Landscaping Standards.
1. Landscape Plan Required. A landscaping plan shall be required to be submitted as a part of all
development applications subject to § 6.2, unless the City Planner determines that compliance
with the provisions of § 6.2 can be documented without the use of such a plan. Each landscaping
plan shall comply with all provisions of § 6.2. A landscaping plan may be combined with other
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Page 639 of 885
required application materials if compliance with § 6.2 can be clearly demonstrated in the
combined materials.
2. Maximum Percentage of One Species. Except for plantings used for screening, no one species of
tree or
18. Editor's Note: Former 6.1, Off-Street Parking and Loading, as amended, was repealed 11-19-
2018 by Ord. No. 1973. For current parking and loading regulations, see Chapter 50, Zoning,
Art. 7, Parking and Loading Regulations.
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§ § 6.2
6.2 shrub may make up more than 50% of the total amount of landscape
plantings.
3. Plant Materials. All plant material shall be hardy to the area, free of disease and insects, and
conform to the American Standard for Nursery Stock of the American Association of
Nurserymen. The use of vegetation native to the area and Southwest Michigan, the use of a
mixture of vegetation from the same species association, and the adherence to standards as
recommended in the document entitled Recommended Landscaping Standards in the City of
Kalamazoo, is encouraged.
4. Minimum Living Materials. In all areas where landscaping is required, a minimum of 50% of the
surface area shall be covered by living materials, rather than bark, gravel, or other nonliving
materials.
5. Minimum Sizes. The minimum size of plant materials shall be as shown in the graphics of the
Recommended Landscaping Standards in the City of Kalamazoo, copies of which shall be made
available in the office of the Community Planning and Development Department.
6. Plant Material Spacing. Except for buffer zone provisions of § 6.2H: Buffer Area Landscaping
Between Land Uses, plant materials shall not be placed closer than four feet from the fence line
or property line. Plant materials used together in informal groupings shall meet the on-center
spacing requirements as shown in the Recommended Landscaping Standards in the City of
Kalamazoo.
7. City Right-of-Way. Tree removal or planting in City rights-of-way shall be in accordance with
Chapter 42 of the Code of Ordinances of Kalamazoo. Unless an alternate surface is approved
by the Public Services Department or other appropriate jurisdiction, all public rights-of-way
located between street edges and property lines shall be grass-surfaced. [Amended 3-19-2007
by Ord. No. 1822]
8. Naturalized Landscaping. Naturalized landscaping is permitted in accordance with §§ 22-3, 22-
4, and 22-5 of the Code of Ordinances of Kalamazoo.
9. Delay of Installation Due to Season. Whenever the installation of required landscaping is not
possible by the time construction on the primary structure has been completed, staff may
authorize a delay in installation until no later than the following June 30. As a condition of
authorizing a delay in installation, the City may require that a letter of credit or other guarantee
of such installation be provided by the applicant, or the City may issue a temporary certificate
of occupancy, with the permanent certificate of occupancy to be issued following installation of
all required landscaping.
10. Preservation of Existing Screening. Regardless of the other provisions under this subsection,
existing trees, vegetation, other natural features, and other screening components such as walls,
berms, and fences that are located within the required setback of the site, that are healthy or
otherwise in good condition, and that provide, in the opinion of the City Planner, an important
measure of screening for adjacent properties shall be preserved. When a property is required to
provide buffering/screening under the regulations in § 6.2, a site plan shall be provided that
identifies all existing trees of 10 inches or greater in diameter measured at breast height located
throughout the entire site and which of those trees will be removed; any existing healthy trees
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in good condition shall only be removed on a showing of good cause. [Added 5-16-2011 by
Ord. No. 1882]
D. Sidewalk Required. In all zone districts except Manufacturing districts, each lot where the principal
land use is a nonindustrial use shall include a sidewalk along the lot frontage. Such sidewalk shall be
a minimum of four feet in width and shall be located so as to align with sidewalks on adjacent
properties, or, if no such sidewalks exist, then shall be located a minimum of five feet from the
curbline in order to allow room for plantings between the sidewalk and the curbline.
E. Required Landscaping for Front Yard Setbacks Without Parking or Paved Areas. Required front yard
setbacks shall contain a minimum of one tree or one evergreen tree for each 35 feet of linear street
frontage, plus one shrub for each 25 feet of linear street frontage. Lot frontage areas occupied by curb
cuts or driveways shall be included when calculating linear frontage planting requirements, and
any trees that would otherwise be
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§ 6.2 § 6.2
required in such areas being planted in remaining lot frontage areas unless prohibited by minimum spacing
requirements for the species being use.
F. Required Landscaping for Building Perimeters. In all zone districts except the CCBD zone district, all
primary structures in multifamily, commercial, or industrial use shall include building perimeter
landscaping. At least one shrub shall be planted per each five lineal feet of each facade facing a public
right-of-way or containing a primary entrance. Foundation plantings may be clustered to provide
interest, and plants of larger size or differing species shall be installed adjacent to the main pedestrian
entryway to each building to emphasize that entryway. Foundation planting requirements may be
waived for portions of the sides or rears of buildings where loading areas or other similar areas
precluding planting.
G. Required Landscaping for Parking Lots and Loading Zones. All parking lots shall be required to
provide the following amounts and types of landscaping unless alternative standards for specific
situations are required pursuant to § 6.3: Screening and Fences or § 6.5: Design Standards below:
1. Perimeter Screening From Public Streets.
a) All zone districts except CCBD. In all zone districts except the CCBD zone, each parking
lot that abuts a public street shall provide a landscape screen as follows:
1) Minimum width: five feet.
2) Required trees: one tree per 35 feet of linear frontage.
3) Required shrubs: three shrubs per 20 feet of linear frontage. Shrubs shall not be
required if a berm or an opaque fence or wall having a minimum height of three feet
is erected.
b) CCBD Zone District. All parking lots within the CCBD zone district shall provide a
landscape screen as follows:
1) Minimum width: three feet. The Site Plan Review Committee may reduce or waive
the minimum width requirement if a decorative wall or fence having a minimum
height of three feet is erected.
2) Required trees: one tree per 20 feet of linear feet if the planting width is a minimum
of four feet.
3) Required plantings: six shrubs per 20 feet of linear frontage.
4) The Site Plan Review Committee may waive in whole or in part all required plantings
in cases where a decorative wall or fence having a minimum height of three feet is
erected, or when approved screen width does not make planting possible.
2. Perimeter Screening From Abutting Residential. When a parking lot or loading area directly
adjoins or faces a residentially zoned or residentially used lot (regardless of whether there is an
intervening street or alley or railway right-of-way), a continuous screening wall, berm, fence or
row of planting having a minimum height of four feet shall be provided. Such screening material
shall be designed to provide 75% opacity one year after planting for the required height and
length of the screening buffer.
3. Interior Landscaping Requirements. Parking lots in all districts having more than 30 parking
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spaces shall be required to provide the following landscape improvements internal to the parking
lot:
a) Five percent of the entire parking lot area shall be provided as a landscape area;
b) One tree shall be provided for each 300 square feet of internal landscape area;
c) Internal landscape areas shall be dispersed on the site so as to break up the expanse of
pavement;
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§ § 6.2
6.2 and
d) Internal landscape areas shall be curbed for protection of the landscape
materials.
Figure 6-3: Parking Lot Landscaping

[Amened 3-19-2007 by Ord. No. 1822]
H. Buffer Area Landscaping/Screening Between Land Uses. In addition to required yard landscaping
and parking area landscaping, buffer areas are required to be landscaped/screened when specific types
of adjacent land uses occur. Existing trees, vegetation, natural features, and other screening
components located at property borders shall be preserved whenever possible. [Amended 5-16-2011
by Ord. No. 1882]
1. Multiple-Family Residential or Group Living Uses Abutting Single-Family Residential Uses or
Zoning District. Where a multiple-family residential project with more than eight units, or a
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group living use abuts any lot that is used or zoned for single-family residential purposes, a
landscape or other screening component meeting the standards under one of the three options
listed below in Subsection (a), (b) or
(c) shall be implemented.
a) Option 1. A landscape screening area having a minimum width of 10 feet shall be provided
by the
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§ 6.2 § 6.2
multiple-family or group-living project on the shared border. The buffer area shall consist of a row
of six-foot-tall evergreen trees planted parallel to the property line and spaced at no more
than six feet on center. Impervious materials are not permitted in the landscape screening
area.
b) Option 2. An opaque wall, berm, or fence shall be provided on the shared border with a
minimum height of six feet.
c) Option 3. A multiple-family or group-living project shall retain an existing landscape
screening area along the shared border having a minimum width of 10 feet. At a minimum,
the landscape screening area shall consist of a row of six-foot-tall evergreen trees located
parallel to the property line and spaced at no more that six feet on center. If the existing
trees are spaced further apart than six feet on center, then additional six-foot-tall evergreen
trees shall be planted within the landscape screening area to achieve the required spacing.
Impervious materials at ground level are not permitted in landscape screening areas.
2. Commercial, Public and Civic Uses Abutting Any Residential Use or Residential Zoning
District. Where a commercial, public or civic project abuts any lot that is used or zoned for
residential purposes, a landscape or other screening component meeting the standards under one
of the three options listed below in Subsection (a), (b) or (c) shall be implemented.
by the commercial, public or civic project on the shared border. The buffer area shall
consist of a row of six-foot-tall evergreen trees planted parallel to the property line and
spaced at no more than six feet on center. Impervious materials are not permitted in the
landscape screening area.
c) Option 3. A commercial, public or civic project shall retain an existing landscape screening
area along the shared border having a minimum width of 10 feet. At a minimum, the
landscape screening area shall consist of a row of six-foot-tall evergreen trees located
parallel to the property line and spaced at no more that six feet on center. If the existing
trees are spaced further apart than six feet on center, then additional six-foot-tall evergreen
trees shall be planted within the landscape screening area to achieve the required spacing.
Impervious materials at ground level are not permitted in landscape screening areas.
3. Industrial Uses Abutting Any Residential Use or Residential Zoning District. Where an industrial
project abuts any lot that is used or zoned for residential purposes, a landscape or other screening
component meeting the standards under one of the three options listed below in Subsection (a),
(b) or (c) shall be implemented.
by the industrial project on the shared border. The buffer area shall consist of a row of
eight-foot-tall evergreen trees planted parallel to the property line and spaced at no more
than six feet on center. Impervious materials are not permitted in the landscape screening
area.
minimum height of eight feet.
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c) Option 3. An industrial project shall retain an existing landscape screening area along the
shared border having a minimum width of 15 feet. At a minimum, the landscape screening
area shall consist of a row of eight-foot-tall evergreen trees located parallel to the property
line and spaced at no more that six feet on center. If the existing trees are spaced further
apart than six feet on center, then additional eight-foot-tall evergreen trees shall be planted
within the landscape screening area to achieve the required spacing. Impervious
materials at ground level are not permitted in
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§ 6.2 § 6.2
landscape screening
areas.
4. Industrial Uses Abutting Commercial, Public and Civic Uses or Commercial, Public, or
Institutional Zoning Districts. Where an industrial project abuts any lot that is used or zoned for
commercial, public or civic purposes, a landscape or other screening component meeting the
standards under one of the three options listed below in Subsection (a), (b) or (c) shall be
implemented.
by the industrial project on the shared border. The buffer area shall consist of a row of six-
foot-tall evergreen trees planted parallel to the property line and spaced at no more than six
feet on center. Impervious materials are not permitted in the landscape screening area.
b) Option 2. An opaque wall, berm or fence shall be provided on the shared border with a
c) Option 3. An industrial project shall retain an existing landscape screening area along the
shared border having a minimum width of 10 feet. At a minimum, the landscape screening
area shall consist of a row of six-foot-tall evergreen trees located parallel to the property
line and spaced at no more that six feet on center. If the existing trees are spaced further
apart than six feet on center, then additional six-foot-tall evergreen trees shall be planted
within the landscape screening area to achieve the required spacing. Impervious materials
at ground level are not permitted in landscape screening areas.
5. City Planner's Right to Select Landscape or other Screening Options. For purposes of the
landscape or other screening component options listed under Subsection H(1) through H(4), the
City Planner reserves the right to select which of the three options listed in each such subsection
is appropriate for the proposed project under the following criteria:
a) The character and type of screening used on adjacent properties;
b) The adequacy of the existing screening on the project site; and
c) What option provides the most effective screening for the adjacent property.
6. Additional Screening for Topographic Considerations in all Zones. When any portion of a
principal building on a property abutting any project that is subject to these regulations is located
within 50 feet of a property line that is shared with the project property, as measured
perpendicularly from the shared property line to and along the line of the foundation of the
principal building, and the grade elevation of the principal building, as measured at twelve-inch
intervals, averages two or more feet higher than the grade elevation at the shared property line,
the height of the required screening for the project shall be increased by an amount equal to the
grade difference, up to a maximum total height of 12 feet. In addition, the location of the
required screening for the project may be moved away from the shared property line if, at the
discretion of the City Planner, such location will provide a greater screening benefit for the
abutting property than if it was located at the property line.
I. Maintenance. Landscaped areas and plant materials required by ordinance shall be kept free from
refuse and debris. Plant materials, including lawns and naturalized landscaping, shall be maintained
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in a healthy growing condition, and be neat and orderly in appearance. If any plant material required
by this chapter dies or becomes diseased, it shall be replaced by the property owner. The Zoning
Inspector is authorized to cite property owners if plant materials required by this chapter die or
become diseased and are not replaced by the property owner. The Zoning Inspector shall require that
plantings be replaced within 30 days of written notice or within an extended time period as specified
in said notice.
1. Tree stakes, guy wires and tree wrap are to be removed within one year of planting.
2. All landscaped areas shall be provided with a readily available and acceptable water supply, or
with at
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§ § 6.2
6.2 least one outlet located within 150 feet of all planted material to be
maintained.
3. Landscaping materials and arrangement shall ensure adequate sight visibility for motorists,
adequate clearance for pedestrians and vehicles, and accessibility to fire hydrants.
4. Plantings within 15 feet of a fire hydrant shall be no taller than six inches at maturity.
5. Culs-de-sac, site entrances and boulevard medians shall be landscaped with species tolerant of
roadside conditions in southwest Michigan.
6. Landscaping within the site shall be approved in consideration of sight distance, size of planting
area, location of sidewalks, maintenance of adequate overhead clearance, accessibility to fire
hydrants, visibility to approved signs of adjacent uses, compatibility with the visual character of
the surrounding area, and curbing around landscape areas.
J. 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. 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
K. Special Provisions for Existing Sites.

1. Intent. Special provision is made for applying these standards to improved sites that were
developed prior to October 18, 2005. When an existing site is undergoing any external alteration
or expansion, the objective of these standards is to gradually bring the existing site into
compliance with the minimum standards of § 6.2, with the degree of compliance being
appropriate in light of the extent of expansion or change on a site. When reviewing plans for a
change in use or expansion that requires site plan or sketch plan review, the Site Plan Review
Committee or Planning Commission, as appropriate, shall require an upgrade in landscaping,
using the following as guidelines:
a) Each building expansion of 1% of gross floor area shall include at least 4% of the
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landscaping required for the entire site. The calculations shall be based upon the
landscaping requirements for all existing and proposed developments on the site. All
fractional calculations shall be rounded up.
b) The estimated cost of landscaping added shall generally be equal to at least 5% of the
estimated value of the new construction.
c) Landscaping along the street and as a buffer between adjacent land uses will take priority
over parking lot and site landscaping, particularly where there is no excess parking over
that required by ordinance. Where parking lot landscaping cannot be provided, additional
landscaping along the
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§ 6.2 § 6.3
street or in the buffer areas may be
substituted.
d) A reduction of minimum off-street parking requirements established in § 6.1: Off-Street

Parking and Loading by up to 10% may be approved if required to accommodate required
street frontage landscaping or parking area landscaping.
§ 6.3. Screening and Fences.

A. Fence and Wall Standards for Residential Uses. All fences or walls erected in residential zone
districts, or on lots containing residential uses, shall comply with the following standards.
1. Placement.
a) Fences shall be installed entirely within the confines of a residential lot.
b) Whenever any fence will be visible from public rights-of-way or adjacent properties, it
shall be installed so that the more finished side (i.e. the side with fewer or no visible
structural framing or bracing elements) faces outward from the lot on which it is installed.
2. Height. Fences and walls shall not exceed a height, as measured from natural grade levels, of
four feet in front setbacks and seven feet in side and rear yards. On corner lots where the primary
structure faces the shorter dimension of a block face, fences and walls shall not exceed a height,
measured from natural grade levels, of four feet between the street property line and building
setback on the adjacent lot, and in no case shall the four foot maximum height requirement apply
more than 30 feet from the street property line. Fences may be located on top of walls, but the
combined height of the fence and wall together, measured from natural grade at the base of any
wall, shall not exceed the maximum height permitted for a fence or wall by itself.
3. Materials.
a) No chain-link fence shall be installed in any front setback or front yard.
b) No fence with opacity of more than 75% shall be installed in any front setback or front
yard.
c) No plywood fences and woven plastic or metal slat fences shall be installed.
d) No fence or wall made of debris, junk, or waste materials shall be installed unless such
materials have been recycled and reprocessed into building materials marketed to the
general public and resembling new building materials. Barbed wire and razor wire on
fencing shall comply with
§ 22-14 of the Kalamazoo General Code.
B. Fence and Wall Standards for Nonresidential Uses. All fences or walls erected in nonresidential zone
districts, or on lots containing no residential uses, shall comply with the following standards.
1. Placement.
a) Fences shall be installed entirely within the confines of the lot.
b) Whenever any fence will be visible from public rights-of-way or adjacent properties, it
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shall be installed so that the more finished side (i.e. the side with fewer or no visible
structural framing or bracing elements) faces outward from the lot on which it is installed.
2. Height. Fences and walls shall not exceed a height, as measured from natural grade levels, of
six feet in front setbacks or front yards, and eight feet in side and rear yards. Fences may be
located on top of walls, but the combined height of the fence and wall together, measured from
natural grade at the base of any wall, shall not exceed the maximum height permitted for a fence
or wall by itself.
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§ 6.3 § 6.3
3. Materials.
a) No chain-link fence shall be installed in any front setback or front yard.
b) No fence with opacity of more than 75% shall be installed in any front setback or
front yard.
c) No plywood fences and woven plastic or metal slat fences shall be installed.
d) No fence or wall made of debris, junk, or waste materials shall be installed unless such
materials have been recycled and reprocessed into building materials marketed to the
general public and resembling new building materials. Barbed wire and razor wire on
fencing shall comply with Section 22.14 of the Kalamazoo General Code.
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§ 6.3 § 6.3
C. Screening of Mechanical Equipment. All roof mounted or ground mounted mechanical equipment
on a
building or structure containing predominantly commercial, industrial, civic, or multifamily uses
shall be screened from view (a) from any adjacent public right-of-way, and (b) from any R district
located within 150 feet of the subject lot, through the use of an opaque screening or parapet wall, or
(in the case of ground mounted equipment) through the use of dense vegetation sufficient to block
view of the equipment.
Figure 6-4: Screening Within 150 feet of a Residential District
Figure 6-5: Screening From a Public Right-of-Way
D. Screening of Waste Receptacles. All waste receptacles larger than two cubic yards, and all waste
receptacles for nonresidential uses, shall be located (a) in the rear or to the side of the primary
structure, and (b) at least 20 feet from any street, public sidewalk, internal pedestrian way, or
boundary with any lot containing a residential use, and (c) not on any required off-street parking or
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loading space. Each waste receptacle area shall be screened from view from all property lines by an
opaque fence or wall constructed of permitted materials, and with an opaque gate constructed of
permitted materials, both of which shall be between six and eight feet in height. The access to this
enclosure shall be screened with an opaque gate, and wheel stops shall be provided to prevent damage
to screening materials from motor vehicles. All properties that are not in compliance with the
requirements of this Subsection D on October 18, 2005, shall be brought into compliance within 24
months after October 18, 2005. This latter provision shall become effective after the City
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§ 6.3 § 6.4
Commission approves, by resolution, rules and regulations governing its
implementation.
Figure 6-6: Screening of Waste Receptacles
E. Screening of Drive-Through Facilities.

1. From Adjacent Streets. All drive-through facilities, including all driveways, entrances and
appurtenant structures, shall be set back (a) a minimum of three feet from any adjacent street, if
the property is located in the CCBD zone district, and (b) a minimum of five feet from any
adjacent street, if the property is located in any other zone district. The required setback area
shall contain a decorative wall or fence with a minimum height of four feet to screen the drive-
up facility from view from adjacent streets.
2. From Adjacent Residential Areas. All drive-through facilities, including driveways and
appurtenant structures, shall be screened from all adjacent properties located in a residential
zone, or containing a residential use, through the use of a buffer strip at least five feet in width
along such boundary. Such buffer strip shall contain a solid brick or masonry wall four feet in
height located on the edge of the buffer strip furthest from the residential use, and the space
between such wall and the property boundary shall be landscaped with a minimum of one shrub
per 10 feet of wall length. Speakers and lights related to the drive-through use shall be oriented
so that they do not direct glare or sound towards the residential use, and the maximum sound
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volume of any speaker, measured at the property boundary, shall not exceed 50 decibels.
§ 6.4. Lighting.
A. Purpose. All site lighting should be designed and installed to maintain adequate lighting on site and
provide
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§ 6.4 § 6.4
security for people and property, through the use of fixtures that are durable, while avoiding the use
of tall light fixtures that unnecessarily disperse light to surrounding areas, and preventing the creation
of glare on adjacent properties.
B. Applicability. All development or redevelopment (a) in any Commercial, Public and Institutional, or
Manufacturing zone district, and (b) of a multifamily residential use in any zone district, shall comply
with the following standards.
C. Design Standards.
1. Wall-Mounted Lights. Wall-mounted lights must have fully shielded luminairies (such as
shoebox or can-style fixtures) to direct all light downward, and to prevent the light source from
being visible from any adjacent residential property or public street. Unshielded wallpack lights
are prohibited.
2. 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) No light source shall provide direct, general illumination of facades of buildings visible
from adjacent residential properties. Accent lighting (such as lighting emphasizing building
entryways or key features) is permitted.
d) Wherever possible, lighting of nonresidential properties should be directed downward.
Upward- directed lighting shall not be used to illuminate nonresidential properties, except
for low-voltage architectural lighting.
e) 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.
3. Shielding.
a) Exterior. Light fixtures in excess of 60 watts or one 100 lumens shall use full cut-off lenses
or hoods to prevent glare and spillover from the project site onto adjacent properties and
roadways.
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.
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§ 6.4 § 6.4
Figure 6-7: Shielding Examples
4. 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.
5. Maximum Initial Lamp Wattage. Maximum initial lamp wattage shall not exceed:
a) Residential. Sixty watts for five or fewer parking spaces. One hundred watts for six or more
spaces.
b) Nonresidential. 250 watts for five or fewer parking spaces. Four hundred watts for six or
more spaces.
6. Illumination Levels.
a) Parking Areas. All lighting in parking areas shall be designed and maintained to produce
at least
0.1 footcandle of light at pavement level throughout the parking area. Potentially hazardous
locations must be individually illuminated with at least 0.3 footcandle of light. Lights
within 100 feet of a residential property line shall be reduced to no more than 0.05
footcandle of light after business hours.
b) Spillover Light. Lighting from a property containing a nonresidential primary use shall not
create greater than 0.05 footcandle of spillover light at the border with any single-family
zone district.
7. Uniformity Ratios. The ratio of maximum to minimum lighting on a given property, measured at
ground level, shall not exceed 15:1 in any Residential zone district, and shall not exceed 10:1 in
any Commercial, Manufacturing, or Special Purpose zone district.
8. Canopy Lighting.
a) In order to minimize direct glare, light fixtures mounted on gasoline and fuel sales canopies
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
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§ 6.4 § 6.4
to 85° or less from horizontal.
b) As an alternative (or supplement) 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.
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§ 6.4 § 6.5
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.
D. Height Standards.
1. Except as permitted in Subsection 2 below, lighting fixtures shall be no more than 15 feet high
whether mounted on poles or walls or by other means.
2. Light fixtures in parking lots containing more than 50 spaces shall be no more than (a) 20 feet
high if located within 100 feet of the boundary of a residential zone district, or (b) 25 feet high
if located 100 feet or more from the boundary of a residential zone district. [Amended 3-19-
2007 by Ord. No. 1822]
3. Wherever possible, 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.
§ 6.5. Design Standards.

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 § 8.3H: Site
Plan) if it is demonstrated that the alternative design solution meets the intent of § 6.5B or if it is
determined that application of these standards to a development approved before October 18, 2005
is not feasible. [Amended 3-19-2007 by Ord. No. 1822]
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§ 6.5 § 6.5
Figure 6-8: Neighborhood Commercial
1. Quality of Materials.
a) Front Facades. When the principal entrance of a freestanding building is on the side
elevation or at the corner of the front and side elevations, that side elevation shall include
the same quality of materials, trim levels, and degree of articulation as those found on the
front facade.
b) Side and Rear Facades. Rear and side facades of all nonresidential buildings facing a public
street, park, playground or other public open space shall incorporate the same quality of
materials, trim levels, and degree of articulation predominantly found on the front facade of
the building. Parking, service, or other open spaces at the rear of the structure shall be
maintained in a neat and orderly condition.
c) Restrictions on Pre-Cast Materials. To the maximum extent practicable, concrete finishes
or precast concrete panels (tilt walls) shall not be used as exterior building materials unless
they are exposed aggregate, hammered, embossed, patterned, imprinted, sandblasted or
covered with a cement-based acrylic coating.
d) Restrictions on Metal Panels. To the maximum extent practicable, metal panel systems,
used as an exterior building material, should be a minimum thickness of U.S. Standard 18
gauge metal. Corrugated (ribbed) metal panels and siding shall be prohibited on all exterior
walls except as a method of screening mechanical roof top equipment.
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e) Restrictions on Mirrored Glass. To the maximum extent practicable, mirrored glass with a
reflectance greater than 40% shall not be used to cover more than 40% of the exterior walls
of any
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§ 6.5 § 6.5
building
.
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. [Amended
3-19-2007 by Ord. No. 1822; 6-6-2022 by Ord. No. 2049]
4. Location of Off-Street Parking and Other Vehicular Use Areas.
a) CNO and CN-1 Districts. Front yards must be reserved for landscaping, sidewalks, and
driveway access. Off-street parking spaces may not be located between a street property line
and the building line of the principal building on the site. Such spaces may be located in
side and rear yards if screened from adjacent dwellings by a solid wall, fence or vegetation
that is not less than four feet and not more than six feet in height. Vegetation may exceed
six feet in height.
b) CN-2 and CMU Districts. Whenever possible, vehicular use areas, including driveways,
loading areas, and off-street parking areas, shall not be located on any portion of a lot
adjacent to a residential area. Where location of vehicular use areas adjacent to a residential
area is unavoidable or unfeasible, buffering shall be provided as required in § 6.2H.2:
Commercial Uses Abutting Residential Uses or Residential Zoning District In the case of
construction of new primary structures commenced after October 18, 2005, no more than
50% of required off-street parking areas shall be located between the front facade of a
principal building and the adjacent public street. [Amended 3-19-2007 by Ord. No. 1822]
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
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Page 666 of 885
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. [Amended 3-19-2007 by Ord. No. 1822]
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
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Page 667 of 885
§ 6.5 § 6.5
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. [Amended 3-19-2007 by Ord. No.
1822]
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
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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.
B. 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 Subsection A above.
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§ 6.5 § 6.5
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:
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Figure 6-9: Large Retail Establishments
a) Roof overhangs, raised cornice parapets, or peaked roof forms;

b) Recessed or projecting wall sections;
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Page 671 of 885
§ § 6.5
6.5 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.
a) All primary structures shall provide direct sidewalk connections (a) from each primary
structure entrance used by residents, employees, or the public to external sidewalks, (b)
between each primary structure in the development, (c) to sidewalks on adjacent properties,
and (d) to all existing or planned transit stop or park-n-ride locations identified by the public
transit authority.
b) For proposed development that will include parking areas that extend more than 250 feet
from the primary structure, the developments shall provide a designated walkway from the
row of parking furthest from the primary structure to a primary structure entrance used by
residents, employees, or the public, or to a sidewalk leading to such entrance. Such
walkways shall be distinguished from surrounding parking areas by changes in color or
texture, raised surfaces, or landscaped edges.
c) All development shall provide (a) a walkway at least six feet wide extending across the
front of each primary structure, and (b) weather protection features such as awnings or
arcades at each entrance used by residents, employees, or the public.
5. Site Layout, Auto Access, and Parking.
a) At least 50% of off-street parking shall be located behind or at the sides of primary
structures (rather than between the front of primary buildings and the street) or within
structured parking.
b) Driveways shall be consolidated to the greatest degree possible to reduce the number of
sidewalk/ driveway crossing points.
c) Short-term (public), and long-term (resident and employee) parking shall be clearly signed,
and short-term parking areas shall generally be located closer to the primary public
entrances to primary structures.
C. Downtown Design Standards and Guidelines. [Amended 7-16-2012 by Ord. No. 1897]
(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 C(2) 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
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Page 672 of 885
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 § 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. [Amended 2-16-2015 by Ord. No. 1932]
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§ § 6.6
6.140(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 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 of
the Zoning Ordinance that is consistent with the Standards & Guidelines. [Amended 2-16-2015
by Ord. No. 1932]
(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.
§ 6.6. 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. 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.
B. 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 of the Kalamazoo Code of Ordinances.
C. 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.
D. Electromagnetic Radiation. It 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
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§ § 6.6
6.141other 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.
E. 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.
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§ 6.6 § 6.6
F. 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.19 Explosives where the primary purpose is for combustion as defined
in Explosive Act of 1970, as amended,20 shall be prohibited on site.
G. 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 above).
H. 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.
I. 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.
J. 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.
K. 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
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Page 676 of 885
§ 6.6 § 6.6
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
19. Editor's Note: See MCLA § 29.1 et seq.

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§ 6.6 § 6.6
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.
L. 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.
M. 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.
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§ 7.1 § 7.2
CHAPTER
7
Signs
§ 7.1. Purpose.
The purpose of this chapter is to regulate signs and outdoor advertising in a manner that will minimize their
harmful effects while permitting latitude for creative and effective advertising and identification. To
achieve this purpose, this chapter has the following objectives:
A. To prevent the number of signs and sign messages from exceeding a level reasonably necessary to
identify businesses and their products;
B. To prevent the placement of signs in a manner that will conceal or obscure signs or adjacent
buildings;
C. To keep signs within a reasonable scale with respect to their surroundings;
D. To prevent off-premises signs from conflicting with business, residential and other uses;
E. To keep the areas adjacent to streets clear of signs that might obstruct the view and/or distract the
attention of motorists;
F. To ensure that the number, size and location of signs do not create a negative impact on the image or
aesthetic environment of the City;
G. To control the use of signs and their motion, colors, and illumination that may negatively affect
property values and may be injurious to the mental or physical well being of the public.
§ 7.2. Applicability.
A. General. This chapter applies to the erection, alteration, and maintenance of all signs in the City,
unless specifically exempted pursuant to § 7.2B: Exemptions.
B. Signs Not Requiring a Permit. The erection, alteration, and maintenance of those signs listed in
Subsection 2 of § 7.3A: Residential Zone Districts and Subsection 5 of § 7.3B: Nonresidential Zone
Districts shall not require the issuance of a sign permit.
C. Permits Required. Prior to the erection or alteration of any sign subject to the requirements of this
chapter and not listed in Subsection 2 of § 7.3A: Residential Zone Districts or Subsection 5 of § 7.3B:
Nonresidential Zone Districts, a sign permit shall be approved or disapproved pursuant to § 8.3I: Sign
Permit. Replacing the sign face on any nonchangeable copy sign, or any other alteration of an existing
sign structure requires a sign permit.
D. Changeable Copy Signs. Up to 25% of the sign face area of any permitted permanent freestanding
sign or wall sign, and up to 75% of the sign face area of a marquee sign, may be made up of
changeable copy area. Revising the message on a changeable copy sign shall not require a sign
permit.
E. Temporary/Portable Signs. Temporary/portable signs may be erected on private property in
Commercial, Manufacturing, or Special Purpose Zone Districts, and on any site in a residential zone
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Page 679 of 885
district that contains a multifamily or nonresidential use, for a maximum of four weeks during any
calendar year. Unless more specific standards are stated in Subsection 2 of § 7.3A: Residential Zone
Districts or Subsection 5 of § 7.3B: Nonresidential Zone Districts, temporary/portable signs shall be
subject to the same restrictions on size, height, and distance from the right-of-way applicable to
permanent signs on the site. Trailers with message boards and trailers used as signs shall be treated
as temporary/portable signs, and may not be installed as permanent signage.
F. Signs on Public Property. No permanent or temporary/portable sign of any type may be erected or
moved
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Page 680 of 885
§ § 7.3
7.147onto public property without written approval from the City, except that sandwich board signs with
a sign face area of no more than eight square feet per side may be used on public property in the CCBD
zone district. Prior to the use of a sandwich board sign on public property in the CCBD zone district,
an encroachment permit must be obtained from the City of Kalamazoo and must be consistent with
the Kalamazoo Downtown Design Guidelines.
G. Prohibited Signs. Roof signs are prohibited in all zone districts. Projecting signs are prohibited in all
districts except the CCBD, CBTR, M-1, and M-2 zone districts.
H. Compliance With Applicable Codes Required. In addition to complying with the provisions of this
chapter 7, all signs requiring the issuance of a sign permit shall be required to comply with all
applicable codes. Violations of those provisions of state law shall be a violation of this Ordinance,
and shall be subject to enforcement pursuant to Chapter 10: Violations, Penalties and Enforcement.
§ 7.3. On-Premises Signs.

All on-premises signs shall comply with the following standards.
A. Residential Zoning Districts. Within Residential zone districts, all on-premises signs for both
residential and nonresidential uses shall be erected, altered and maintained in compliance with the
standards and requirements in Table 7.3-1: On-Premises Signs in Residential Districts.
1. General.
Table 7.3-1: On-Premises Signs In Residential Districts
Maximum Height Minimum Distance

Maximum Area Maximum Height Above Main from Property Line
Use Type Signs Allowed (square feet) (feet) Entrance Elevation (feet)
One- and two-family One nameplate that indicates the 2 N/A N/A N/A
dwellings name and address of occupants
Multifamily dwellings, One identification sign per street 32 Free- N/A Freestanding: 10
roominghouses, sorority frontage standing: 6
and fraternity houses
One sign per building 4 N/A Wall: 8 N/A
Subdivision, mobile One subdivision sign may be 32 6 N/A 5 from right-of-way,

home park, or special use located at each entrance road to a and 10 from other
subdivision property lines
One park identification sign may
be located at each entrance to a
mobile home park
One identification sign may be
located on each street frontage of
an approved special use
Sign may be indirectly or internally
illuminated
2. No Sign Permit Required. The following types of signs are permitted without a sign permit,
subject to the following requirements. Applicants for signs included in the following list that
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Page 681 of 885
§ § 7.3
7.148 cannot meet the stated requirements (for example, where a larger size sign is needed) shall be
required to obtain a sign permit pursuant to § 8.3I: Sign Permit.
a) Construction Signs. One nonilluminated construction sign on each street frontage of a
site being
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Page 682 of 885
§ 7.3 § 7.3
developed or improved. Construction signs shall not exceed six square feet in area if related
to the construction of single-family or two-family dwellings and shall not exceed 32 square
feet in area if associated with other permitted uses, shall not exceed 12 feet in height, and
shall be located at least five feet from the right-of-way and 10 feet from any other property
line.
b) Real Estate Signs. One nonilluminated real estate sign on each street frontage of the site,
not exceeding six square feet in area or six feet in height. The nonilluminated real estate
sign may be located in the setback area but shall not be placed or project into the public
right-of-way. The nonilluminated real estate sign shall be removed within 30 days after the
sale or lease of the property on which it is located.
c) "Open House" Directional Signs. One nonilluminated "open-house" directional sign on
each street frontage of a site, not exceeding six square feet in area and four feet in height.
The nonilluminated "open-house" directional sign shall only be permitted on the day of the
open house and shall not be placed in and shall not project into the public right-of-way.
d) Election Campaign Signs. Election campaign signs not exceeding 4 1/2 square feet in area
that are not placed in and do not project into the public right-of-way. Election campaign
signs shall be removed within 30 days following the election for which they are used.
e) Temporary Event. One nonilluminated sign in connection with a permitted temporary event
conducted by any nonresidential use permitted in the district, not exceeding 30 square feet
in area, that is not placed in and does not project into the public right-of-way. Temporary
event signs shall be for a period not exceeding 14 calendar days, two times a year, and shall
be removed within two days following the event for which they are used.
f) Holiday Displays. Holiday displays of any size that are not placed in and do not project
into the public right-of-way, provided that such displays do not contain advertising.
[Amended 3-19-2007 by Ord. No. 1822]
g) Yard Sale Signs. One nonilluminated yard sale sign not exceeding 4 1/2 square feet in area,
that is not placed in and does not project into the public right-of-way, may be erected up to
two times each calendar year.
B. Nonresidential Districts.
1. Nonresidential Uses. All on-premises signs erected, altered, and maintained at a business
development (one or more uses within a building or buildings using common parking facilities)
in the nonresidential districts shall comply with the standards in Table 7.3-2: On-Premises Signs
in Nonresidential Districts. Additional provisions related to Grand Opening/Change of Business
Signs and Temporary Event Signs are set forth in § 7.3B.3: General Provisions and § 7.3B.5:
No Sign Permit Required.
2. Residential Uses in Nonresidential Districts. All on-premises signs erected, altered, and
maintained on residential uses in all nonresidential districts shall comply with the standards and
requirements in Table 7.3-1: On-Premises Signs in Residential Zoning Districts.
3. General Provisions.
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Page 683 of 885
§ 7.3 § 7.3
Table 7.3-2: On-Premises Signs in
Nonresidential Districts [Amended 3-19-
2007 by Ord. No. 1822; 6-6-2022 by Ord. No.
2049]
Wall Signs, Marquees1, Canopies, and
Freestanding Signs Awnings Other Signs
CNO, RMU, P, IC Districts
Number: 1 freestanding sign on Maximum Area: 10 square feet Freeway Signs: not allowed
each street frontage Maximum per establishment Special Use Signs: Subject to
Area: 24 square feet Planning Commission review
Maximum Height: 12 feet (§ 8.3D)
Minimum Distance From Property
Line: 10 feet
CO, CN-2, CN-1, CMU and PUD-O Districts
Number: 1 freestanding sign on each Maximum Area: For each Freeway Signs: not allowed
street frontage Maximum Area: 1/2 individual establishment, 1
square foot of sign area for each foot square foot of sign area for each
of street frontage, up to maximum of foot of wall length
100 square feet. In addition, each
individual establishment may have
one additional freestanding sign for
every additional 150 feet of street
frontage, not exceeding 100 square
feet in area. Maximum Height: 20
feet
Minimum Distance From Property
Line: 2 feet
CCBD District
Number: 1 freestanding sign allowed Maximum Area: 1 square foot of street frontage,
on each street frontage foot of sign area for each up to maximum of 150
A:150
Page 684 of 885
square feet. In addition, each Maximum Area: For each Freeway Signs: not allowed
§ 7.3 § 7.3
Special Use Signs: Subject to
individual establishment may have one individual establishment, 2
additional freestanding sign for every square feet of sign area is Planning Commission review
additional 150 feet of street frontage allowed for each 1 foot of wall (§ 8.3D)
not exceeding 150 square feet in area length; no single wall sign shall
Maximum Height: 25 feet exceed 200 square feet on a site
Minimum Distance From Property In the CCBD district, buildings
Line: 2 feet Rotation: Freestanding over four stories in height are
signs may rotate up to 15 revolutions allowed to have an additional
per minute amount of wall signage equal to
no more than 5% of the total
area of each building facade that
faces a public street. The
additional wall signage must be
located on the street facing
facade. No single wall sign shall
exceed 200 square feet
CBTR, M-1, and M-2 Districts
Same as CCBD district Same as CCBD district Freeway Signs:

For the CBTR district, freestanding Number: For a lot with a
signs shall not exceed eight feet in properly line within 200
height and may not rotate feet of freeway or
freeway interchange, 1
additional on-premises
freestanding sign
Maximum Area: 150 square
feet per side. Maximum
Height: 80 feet
Minimum Distance from
Property Line: 10 feet
Orientation: Sign faces
shall be oriented to
primarily attract vehicular
traffic from freeway
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Page 685 of 885
§ 7.3 § 7.3
NOTE:
1. An encroachment permit is required for all marquee, canopy, or awnings extending over a public
right-of-way. Marquee, canopy or awning signs may be located on a building marquee, canopy or
awning that is located over a sidewalk located in the public ROW, provided the marquee, canopy
or awning does not extend more than eight feet over the ROW, is closer than three feet to the
curbline, and is not less than eight feet, at its lowest point, above sidewalk level. In no event shall a
marquee sign extend above the peak of the roof of the building to which it is affixed.
4. Variations. In the case of proposed development in the P, IC, or PUD-O zone districts, the
decisionmaking body responsible for approval of the site plan, Institutional Master Plan, or PUD
Plan, as applicable, may approve modifications to the standards in Table 7.3-2, provided that (a)
no such modification has the effect of increasing the number of signs, the total sign area, or the
height of any sign by more than 25%, and (b) any such modification shall meet the same
standards for approval applicable to the proposed development as a whole. [Amended 3-19-
2007 by Ord. No. 1822]
5. No Sign Permit Required. The following types of on-premises signs are allowed in the
nonresidential districts without a sign permit, subject to the following requirements.
a) Construction Signs. One nonilluminated construction sign is permitted on each street
frontage of a site being developed or improved. Such sign (i) shall not exceed 32 square
feet; (ii) shall not exceed 12 feet in height, and (iii) shall be located at least two feet from
any right-of-way.
b) Real Estate Signs. One nonilluminated real estate sign is permitted on each street frontage
of a site. Such sign (i) shall not exceed 24 square feet in area if located in a Commercial or
Special Purpose District or 32 square feet if located in a Manufacturing District; (ii) shall
not project into the public right-of-way, and (iii) shall be removed within 30 days after the
sale or lease of the property on which it is located.
c) "Open House" Directional Signs. One nonilluminated "open-house" directional sign is
permitted on each street frontage of a site, not exceeding six square feet in area and four
feet in height. Such sign shall only be permitted on the day of the open house and shall not
be placed or not project into the public right-of-way.
d) Election Campaign Signs. Election campaign signs are permitted. Such signs (i) shall not
exceed six square feet in area when located in the nonresidential districts; (ii) shall not be
placed in and shall not project into the public right-of-way; and (iii) shall be removed within
30 days following the election for which they are used. [Amended 3-19-2007 by Ord. No.
1822]
e) Holiday Displays. Holiday displays of any size that are not placed in and do not project
into the public right-of-way, provided that such displays to not contain advertising.
f) Directional Signs. Signs providing directions and other related information for a site shall
be allowed. One such sign shall be allowed for each parking lot or parking structure
entrance, and each building entrance. Such signs shall not be greater than four square feet
in area and four feet in height, and they may be internally illuminated. They must be placed
a minimum of two feet from all right-of-way lines, and cannot obstruct traffic or otherwise
A:152
Page 686 of 885
§ 7.3 § 7.3
create a hazard. The name and/ or logo of the business or entity may be identified on the
sign, but such name/logo shall not occupy more than 1/3 of the copy area. [Added 3-19-
2007 by Ord. No. 1822]
6. Special Signs. [Amended 3-19-2007 by Ord. No. 1822]
a) Special Event Signs.
1) Business special event signs shall be permitted for each business for a period not
exceeding a maximum of 28 calendar days per year.
A:153
Page 687 of 885
§ 7.3 § 7.4
2) Each business is allowed a maximum of 100 square feet of temporary/portable sign
area. each sign shall not exceed 30 square feet in area, including portable signs.
3) One cold air or helium-inflatable balloon may be used for not more than 14 calendar
days, two times a year, subject to the following conditions: (i) said balloon shall not
exceed 40 feet in height and shall be set back from any property line one foot for every
one foot of height;
(ii) said balloon shall be ground-installed; (iii) said balloon may be illuminated from
inside or by exterior lights placed to direct the light source away from adjacent
roadways or properties; (iv) flashing, colored, or glaring lights shall not be permitted;
and (v) the balloon shall be installed so as not to interfere with utility lines, traffic
circulation, visibility of drivers or fire lanes.
b) Grand Opening/Change of Business Signs. Signs are permitted for a grand opening of a
new business or for a change in tenancy or ownership of an existing business for a period
not to exceed 14 calendar days. Each business shall be allowed a maximum of 100 square
feet of sign area; however, each sign shall not exceed 30 square feet in area; and, if
freestanding, said sign shall not exceed 12 feet in height. Portable signs for a grand opening
or change-of-business signs shall not exceed 30 square feet in area. All such signs shall be
set back at least two feet from all property lines. Additionally, one cold air or helium-
inflatable balloon may be used, subject to the preceding standards.
§ 7.4. Off-Premises Signs. [Amended 8-19-2013 by Ord. No. 1912]

A. Limitation on Number of Off-Premises Sign Structures in the City. No new off-premises sign
structure shall be erected when there are 99 or more off-premises sign structures in the City. This
limitation is based on the number of potential sign locations and the existing number of conforming
sign structures as of the date of the original enactment of this section, September 21, 1987. As of
October 18, 2005, there are more than 99 off- premises sign structures in the City, and no new off-
premises signs may be erected. All replacements of existing off-premises signs shall comply with all
applicable provisions of this chapter 7.
B. General. Off-premises signs shall be permitted only in the M-1 and M-2 Districts and shall comply
with all the standards in § 7.4, Off-Premises Signs, including, without limitation, those standards in
Table 7.4-1: Off- Premises Signs. Off-premises signs that comply with the standards in § 7.4A shall
be permitted in the CCBD District. [Amended 6-6-2022 by Ord. No. 2049]
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Page 688 of 885
§ 7.3 § 7.4
Table 7.4-1: Off-Premises Signs
Maximum Area Minimum Distance Between Double-Faced Signs Side-by-Side Signs Maximum Height
Zone District (square feet) Off-Premises Signs Permitted Permitted (feet)
M-1 District 380 (672 if located On same side of street: 1,000 Yes Yes, only along I-94 35
along I-94) feet (not BL-94)
On opposite sides of the street: Maximum square
500 feet footage per sign face:
300
M-2 District 672 On same side of the street: Yes Yes, but only when 40
1,000 feet located on the opposite
side and parallel to a
On opposite sides of the street:
single 672-square-foot
500 feet
sign face
(Distance shall be measured Maximum square

from the closest edge of each footage per sign face:
off-premises sign) 300
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Page 689 of 885
§ 7.4 § 7.4A
C. Intersections. Off-premises signs shall not be permitted within a one-hundred-foot radius of
public street
intersections as measured from the center point of the intersection of each street to the closest edge
of the sign. A distance of 500 feet shall be maintained between all signs at an intersection.
D. Setback Requirements. Off-premises signs shall comply with the setback standards in the zoning
districts in which they are allowed. (See Chapter 5.)
E. Placement Requirements.
1. Buildings. Off-premises signs shall not be located on the roofs of buildings or be attached to or
painted on the walls of buildings.
2. No Stacking. Off-premises signs shall not be stacked on top of each other.
F. Radius Requirements. Off-premises signs shall not be permitted within a three-hundred foot
radius of residential districts, cemeteries, and dedicated parks.
G. No Off-Premises Signs in Local Historic Districts. Off-premises signs shall not be permitted in
established and designated local historic districts.
H. Sign Protrusions. No part of the advertising copy for a sign shall protrude beyond the sign frame.
§ 7.4A. Off-Premises Internally Illuminated Automatic Changeable Copy Signs. [Added 8-19-2013
by Ord. No. 1912]
A. The following regulations governing internally illuminated automatic changeable copy off-premises
signs within the City are enacted in order to create clear guidelines for businesses, balance the
commercial interests in such signs with neighborhood quality of life where such signs are, or may be
located, maintain residential neighborhoods, generally reduce the overall number and impact of
billboard advertising in the City and positively affect traffic safety, community aesthetics, and
environmental conditions.
B. To achieve and further these purposes, any internally illuminated, automatic changeable copy signs,
such as, but not limited to, signs using LED technology, are permitted as a lawful conforming off-
premises sign in compliance with the following requirements:
1. Location. Such signs shall only be located in CCBD, M-1, and M-2 zoning districts when:
[Amended 6-6-2022 by Ord. No. 2049]
(a) Located on sites where an off-premises sign that is 200 square feet or more existed as of
July 1, 2013, that is adjacent to state or federally controlled roads; and
(b) More than 300 feet away from a residential zoning district, except on West Main Street
from Northampton Road west to the City limits if more than 100 feet away from a
preexisting residential use; and
(c) Whose sign face area does not exceed that of the static sign face or faces being replaced;
and is not less than 2,500 feet from another off-premises internally illuminated automatic
changeable copy sign.
2. Sign Support Structure Elimination Credits.
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Page 690 of 885
(a) Notwithstanding the total number of off-premises signs located in the City, so as to reduce
the overall number of nonconforming off-premises signs, the erection of, installation of, or
upgrade of a static display or manual changeable copy sign to an off-premises internally
illuminated automatic changeable copy sign shall require the elimination of existing
nonconforming off-premises signs within the City. The installation, erection or upgrade of
any existing sign to an internally illuminated automatic changeable copy sign shall require
the sign owner to secure six sign support
A:157
Page 691 of 885
§ 7.4A § 7.5
structure elimination
credits.
(b) The elimination of an off-premises sign support structure in an R, CO, CN-1, or CCBD
zoning district shall count for two credits; elimination of an off-premises sign support
structure in all other zoning districts shall count as one credit. Only whole numbers shall
be applied to credits used to erect, install or upgrade an off-premises automatic changeable
copy sign, and any credits more than the amount required to qualify for the erection of,
installation of, or upgrade of a static display or manual changeable copy sign to an off-
premises internally illuminated automatic changeable copy sign shall not be available for
future use.
(c) In order to qualify for an elimination credit, the off-premises sign support structure shall
be completely removed and the property site returned to as good or better condition as
existed before the sign support structure was installed.
C. General Requirements. Except as otherwise provided in this section, the requirements set forth in §
7.4 are applicable to internally illuminated off-premises signs.
1. Sign face images shall not change more often than once every 10 seconds. As used in this
section, change shall preclude any method of message transition, involving the use of animation,
dissolving, or fading, flashing techniques. In the event of a mechanical failure, the sign image
shall default to a static display.
2. Sign faces permitted by this subsection may be placed back to back, but shall not be placed side
by side or stacked.
3. The luminance of an internally illuminated off-premises automatic changeable copy sign shall
utilize dimming capabilities so that the maximum luminescence of the sign shall not exceed 0.2
footcandles over ambient light conditions when measured at a height of five feet facing the sign
face at a distance of 200 feet.
4. Signs permitted by this subsection shall not be equipped to transmit sound or other forms of
broadcast signals.
D. After July 1, 2013, no more than eight additional internally illuminated off-premises automatic
changeable copy sign structures shall be permitted in the City.
§ 7.5. Illumination of On-Premises and Off-Premises Signs. [Amended 8-19-2013 by Ord. No. 1912]
A. External Lighting Directed Inward and Shielded from Adjacent Residential Districts and Rights-of-
Way. Any external lighting intended for the illumination of the face of a sign shall be directed inward
and shielded from any adjacent residential districts and public right-of-way, and shall not adversely
affect driver visibility or adjacent public thoroughfares. No external light source intended to
illuminate the face of a sign shall be directly visible from any adjacent property located within a
residential zone district and public right-of way.
B. Blinking or Flashing Lights. On-premises signs displaying blinking or flashing lights are only
permitted within the CCBD zoning district, and shall be limited as follows: [Amended 6-6-2022 by
Ord. No. 2049]
A:158
Page 692 of 885
1. No light shall blink, flash, or change its intensity or color more often than one time every 10
seconds.
2. If a sign displays images or messages that change automatically, each image on such sign that
is visible from a public street shall remain unchanged and unmoving for a minimum of eight
seconds before changing. A sign that displays text messages in a continuous scrolling movement
(e.g., ticker-type signs) is exempt from this provision.
C. No Beacon or Strobe Lights. Beacon lights and strobe lights are not permitted.
A:159
Page 693 of 885
§ 7.5 § 7.6
D. Colored Lights. No colored lights shall be used at any location or in any manner so as to be confused
with or
construed as traffic-control devices.
E. No Traffic Hazard. Neither the direct nor reflected light from light sources shall create a traffic
hazard to operators of motor vehicles on public rights-of-way.
F. Automatic changeable copy signs utilizing external lighting directed toward the sign face shall not
change images more often that once every 10 seconds.
§ 7.6. Murals. [Added 6-29-2009 by Ord. No. 1854]

All murals shall comply with the following standards:
A. Zoning Districts. A mural of 1,000 square feet or less is permitted in all zoning districts. Any mural
more than 1,000 square feet is only permitted in the CCBD Commercial Central Business District, or
in the M-1 or M-2 Manufacturing Districts.
B. Permission of Owner. If the owner of the building or structure on which the mural is placed is not the
occupant of such building or structure, the person who leases or otherwise has the right to occupy
such building or structure shall obtain the prior written permission of the owner to place the mural on
the building or structure. Such lessee or other person with the right of occupancy shall provide a copy
of the letter to the City Planner if requested.
C. Permit Required. A mural that is produced off-site and affixed in a structurally sound and
workmanlike manner on the exterior wall and that is larger than 200 square feet shall require a permit
under the provisions of § 8.3I, Sign Permit.
D. Windows, Doors and Other Architectural Features. No mural shall obstruct any window, door or
architectural feature of the exterior wall on which the mural is placed.
E. Additional Standards. Murals more than 1,000 square feet shall also comply with these additional
standards:
(1) The person who commissioned or who has a proprietary interest in a mural that is produced off-
site and affixed in a structurally sound and workmanlike manner and the owner, lessee or person
having the right to occupy the building or structure on which such mural is placed shall maintain
public liability insurance of not less than $1,000,000 and list the City, its employees,
Commissioners and officials as additional insureds. A certificate of such insurance shall be
provided with the application for a permit and annually thereafter. Failure to maintain such
insurance shall result in a revocation of the permit to allow such mural and shall further require
the prompt removal of the mural. If not removed within 30 days, the City shall have the right to
remove the mural and place a lien against the real property (enforced in the same manner as
delinquent property taxes) for the cost incurred in removing the mural if such costs are not paid
prior to when delinquent taxes are turned into the County of Kalamazoo.

Page 694 of 885
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Page 695 of 885

Page 696 of 885
§ 8.1 § 8.1
CHAPTER 8
Review and Approval
Procedures
§ 8.1. General Provisions.

The general provisions of this chapter 8 shall apply to all applications for development approval and
procedures under this Ordinance, unless otherwise stated.
A. Authority to File Applications. Applications shall be submitted to the City Planner by the Community
Planning and Development Department, the City Council or Planning Commission, or by the owner,
or by any other person having a recognized interest in the land for which the development is proposed,
or their authorized agent.
1. Community Development Department as Applicant. The authority of the Community Planning
and Development Department to file an application pursuant to this Ordinance is limited to
applications that may be required for activities or development on City-owned land.
2. Staff, City Council, or Planning Commission as Applicant. The authority of the City Council or
Planning Commission to file an application pursuant to this Ordinance is limited to (a)
applications for Text Amendments pursuant to § 8.3A, (b) applications for Zone Map
Amendments pursuant to § 8.3B, (c) applications for creation, amendment, or rezoning of
Planned Unit Overlay (PUD-O) districts pursuant to § 8.3C.
3. Applicant is Not Owner. If the applicant is not the owner of the land, or is a contract purchaser
of the land, a letter signed by the owner consenting to the submission of the application shall be
submitted. This provision does not apply to the submission of site plans, building permits, or
sign permits.
4. Applicant is Not Sole Owner. If the applicant is not the sole owner of the land, a letter signed
by the other owners or an association representing the owners consenting to or joining in the
application shall be submitted. This provision does not apply to the submission of site plans,
building permits, or sign permits.
B. Application Submission Schedule. The schedule for the submission of applications shall be
established by the City Planner and made available to the public.
C. Application Contents. Applications required under this Ordinance shall be submitted in a form
established by the City Planner and made available to the public.
D. Simultaneous Processing of Applications. Whenever two or more forms of review and approval are
required under this Ordinance (e.g., a special use permit and a variance), the applications for those
development approvals may, at the option of the City Planner, be processed simultaneously, so long
as all applicable requirements are satisfied for both applications.
E. Fees.
1. Determination of Fees. The City Commission shall determine by resolution the fees to
accompany all applications submitted under this Ordinance. The City Commission may adjust
fee amounts from time to time.
A:109
Page 697 of 885
2. Fees to be Paid. No application shall be processed until the established fee has been paid.
3. Refund of Fees. Application fees are not refundable except where the City Planner determines
that an application was accepted in error, or the fee paid exceeded the amount due, in which case
the amount of the overpayment will be refunded to the applicant.
F. Application Submission. An application for development approval shall be submitted to the City
Planner
A:110
Page 698 of 885
§ 8.1 § 8.1
pursuant to the application submittal schedule (§ 8.1B: Application Submission Schedule) along with a fee
established pursuant to § 8.1E, Fees.
G. Determination of Sufficiency.
1. Determination of Sufficiency. Within seven days following receipt of the application, the City
Planner shall determine if the application is complete, meets all relevant threshold requirements
and includes data in sufficient detail to evaluate the application to determine whether it complies
with the requirements of this Ordinance.
2. Determined Insufficient. If the City Planner determines the application is not sufficient, a notice
shall be provided to the applicant specifying the application's deficiencies. When the application
is determined sufficient, it shall be reviewed pursuant to the procedures and standards of this
chapter. If the applicant fails to correct the deficiencies within 60 days, the application shall be
considered withdrawn.
H. Scheduling of Public Hearing. When an application for development approval is subject to a public
hearing (see § 8.1K.3, Timing of Notice, for when a public hearing is required), the City Planner shall
ensure that the public hearing(s) on the application is scheduled for a regularly scheduled meeting or
a meeting specially called for that purpose by the decision-making or advisory body reviewing the
application. The public hearing(s) shall be scheduled so there is sufficient time for a Staff Report to
be prepared and for the public notification requirements to be satisfied. [Amended 6-20-2011 by
Ord. No. 1884]
I. Public Notification. All applications for development approval requiring public hearings shall
comply with the Michigan Statutes, the table in § 8.1K.4: Timing of Notice, and the other provisions
of this section with regard to public notification.
1. Content. All notices for public hearings, whether done by publication or mail (written notice)
shall:
a) Identify Application. Identify the application and the name, address, and telephone number
of the applicant or the applicant's agent.
b) Date, Time, and Place of Public Hearing. Indicate the date, time and place of the public
hearing(s).
c) Location. Describe the land involved by street address or by legal description and nearest
cross street, and area (size).
d) Describe Nature and Scope of Application. Describe the nature, scope, and purpose of the
application or proposal.
e) Notify Public Where They May Be Heard. Include a statement stating that the public may
appear at the public hearing, be heard and submit evidence and written comments with
respect to the application.
f) Written Comments. Include a statement describing where written comments will be
received prior to the public hearing.
2. Published Notice. When the provisions of this Ordinance require that notice be published, the
City Planner shall be responsible for preparing the content of the notice and publishing the notice
A:111
Page 699 of 885
in a newspaper of general circulation that has been selected by the City. The content and form
of the published notice shall be consistent with the requirements of § 8.1I.1: Content, and state
law.
3. Written (Mailed) Notice. [Amended 3-19-2007 by Ord. No. 1822; 6-20-2011 by Ord. No.
1884]
a) General. When the provisions of this Ordinance require that written or mailed notice be
provided, the City Planner shall be responsible for preparing and mailing the written notice.
Notice shall be mailed to:
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Page 700 of 885
§ 8.1 § 8.1
1) All property owners and occupants of the land subject to the
application.
2) All property owners, or persons to whom real property is assessed, and occupants of
structures within 300 feet of the boundary of the land subject to the application. The
notice to occupants is subject to the following exceptions:
(a) Notification need not be given to more than one occupant of a structure;
(b) If the structure contains more than one dwelling unit or spatial area owned or
leased by different persons, one occupant of each unit or spatial area shall be
given notice;
(c) If a single structure contains more than four dwelling units or other distinct spatial
areas owned or leased by different persons, notice may be given to the manager
or owner of the structure with instructions to post the notice at the primary
entrance to the structure.
3) All neighborhood organizations, public utility companies, railroads, and other persons
who have requested to receive notice pursuant to § 8.1J, Registration to Receive
Notice by Mail.
4) For appeals of administrative decisions or requests seeking an interpretation of the
Zoning Ordinance not involving a specific parcel of property, notice under § 8.1I.2 is
sufficient.
5) Failure to give proper notice shall not invalidate a proceeding unless mandated by
state law.
b) Notice by Mail/Affidavit. Notice shall be deemed given when deposited during normal
business hours for delivery with the United States postal service or other private or public
delivery service as first class or similar mail, properly addressed and postage or delivery
service paid. The City Planner shall prepare a list of property owners and registrants to
whom notice was mailed.
4. Timing of Notice. Unless otherwise provided in the Michigan statutes and laws or this
Ordinance, notice shall be provided as shown in Table 8.1-1 below.
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Page 701 of 885
Table 8.1-1. Timing of Notice

Notice Required (days before hearing/action)

Application for Development Approval or
Permit Written (§ 8.1I3) Published (§ 8.1I2)
Text Amendment Planning Commission: Not less than 15 days prior

to public hearing
City Commission: not less than 15 days prior to

public hearing
Amendment to Zone District Map (Rezone) Planning Commission: not less than 15 days prior Planning Commission: Not less than 15 days prior
to public hearing to public hearing
City Commission: reasonable time prior to public City Commission: not less than 15 days prior to
hearing public hearing
Planned Unit Development District Classification
Special Use Permit

Not less than 15 days prior to public hearing
Variance
Appeals to Zoning Board of Appeals
J. Registration to Receive Notice by Mail.
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Page 702 of 885
§ 8.1 § 8.1
1. General. Any neighborhood organization, public utility company, railroad or any other person may
register with the City Clerk to receive written notice of all applications for development approval
pursuant to § 8.1I.3: Written (Mailed) Notice, or written notice of all applications for
development approval within the zone district in which they are located. The City Clerk shall
provide copies of these requests to the City Planner who shall be responsible for providing this
notification.
2. Requirements for Eligibility. To be eligible for registration, the requesting party must provide
the City Clerk information in the form required by the City Clerk to ensure notification can be
made. All persons that have been registered must reregister biannually to remain registered and
continue to receive notification pursuant to this section.
K. Deferral of Review of Application.
1. Submission of Request. An applicant may request that a decision-making or advisory bodies'
consideration of an application at public hearing be deferred by submitting a written request for
deferral to the City Planner.
2. City Planner Review. The City Planner shall consider deferral requests of less than 30 days, and
shall grant such requests for good cause. The date of the public hearing at which the application
will be heard shall be set at the time the deferral is granted by the City Planner.
3. Decision-Making or Advisory Body Review. The decision-making or advisory body reviewing
the application shall consider deferral requests of more than 30 days, or beyond the next regularly
scheduled meeting of such body, and shall grant such requests for good cause. The date of the
public hearing at which the application will be heard shall be set at the time the deferral is granted
by the decision-making or advisory board.
L. Withdrawal of Application.
1. Submission of Application. Any request for withdrawal of an application shall be submitted in
writing to the City Planner.
2. Prior to Notice of Public Hearing. The City Planner shall approve a request for withdrawal of
an application if it has been submitted prior to the time of a public hearing or decision on the
application.
M. Review of Applications by Advisory and Decision-Making Bodies.
1. Text Amendments, Amendments to Zone District Map (Rezones) and Rezones to Planned
Development District Classifications.
a) Review and Recommendation by Planning Commission. After submission of an
application for a text amendment, amendment to the Zone District Map or rezoning to
Planned Unit Development Overlay (PUD-O) district classification, determination of its
sufficiency, preparation of the Staff Report, and scheduling of the application for public
hearing(s), the Planning Commission shall conduct a public hearing on the application
pursuant to § 8.2: Public Hearing Procedures. At the public hearing, the Planning
Commission shall consider the application, the relevant support materials, the Staff Report,
and the public testimony and other evidence given at the hearing. Within a reasonable
period of time after the close of the public hearing, the Planning Commission shall make a
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Page 703 of 885
recommendation to the City Commission recommending either to approve, approve with
conditions (if appropriate) or disapprove the application based on the relevant review
standards. The final report with the recommendation shall be forwarded to the City
Commission.
b) Review and Action by City Commission.
1) After receipt of the recommendation from the Planning Commission and the staff
report, the scheduling of a public hearing and public notification, the City
Commission shall conduct a
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§ 8.1 §
public hearing on the application pursuant to § 8.2: Public Hearing Procedures. At8.117
the
public hearing the City Commission shall consider the application, the relevant
support materials, the staff report, the Planning Commission's recommendation, and
the public testimony and other evidence given. Within a reasonable period of time after
the close of the public hearing, the City Commission shall approve, approve with
conditions (if appropriate) or disapprove the application based on the relevant review
standards (See § 8.3B: Amendments to Text of Ordinance and Zone District Map, and
§ 8.3C: Planned Unit Development Overlay (PUD-O) District).
2) If a valid protest petition is filed against a proposed amendment to the Zone District
Map (Rezoning) pursuant to MCLA § 125.584(5), as amended, the approval request
shall not be approved except by a favorable vote of two-thirds of the City Commission
membership.
c) Notice of Adoption. Notice of the adoption of an amendment to the text of this Ordinance
or the Zone District Map (Rezoning) shall be published in a newspaper of general
circulation within 15 days after the date of adoption pursuant to MCLA § 125.584(7), as
amended.
2. Special Use Permit (Review and Action by Planning Commission). After submission of an
application for a special use permit, determination of its sufficiency, preparation of the Staff
Report, public notification and the scheduling of the application for a public hearing, the
Planning Commission shall conduct a public hearing on the application pursuant to the
requirements of § 8.2: Public Hearing Procedures. At the public hearing, the Planning
Commission shall consider the application, the relevant support materials, the Staff Report, and
the public testimony and other evidence given at the hearing. Within a reasonable period of time
after the close of the public hearing, the Planning Commission shall either approve, approve
with conditions or disapprove the application based on the relevant review standards (See §
8.3D: Special Use Permit).
3. Variance (Review and Action by Zoning Board of Appeals). After submission of an application
for a variance, determination of its sufficiency, and scheduling of the application for a public
hearing, the Zoning Board of Appeals shall conduct a public hearing on the application pursuant
to the requirements of § 8.2: Public Hearing Procedures. At the public hearing, the Zoning Board
of Appeals shall consider the application, the relevant support materials, and the public
testimony and other evidence given at the hearing. Within a reasonable period of time after the
close of the public hearing, the Zoning Board of Appeals shall either approve, approve with
conditions or disapprove the application based on the relevant review standards (See § 8.3E:
Variances).
N. Notification of Decision. Notification of a decision on an application for development approval shall
be provided by the City Planner to the applicant by mail within 14 days after the decision. A copy of
the decision shall also be made available to the public at the offices of the City Planner, during normal
business hours.
O. Rehearing of Applications.
1. General. Whenever any application for development approval is disapproved, a similar
application for all or a part of the same land shall not be considered for a period of one year after
the date of disapproval unless a Waiver of Time Limit is approved by the decision-making body
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§ 8.1 §
pursuant to the requirements of § 8.1O.2: Waiver of Time Limit. Only one request for waiver of
8.118
time limit may be submitted by the applicant during the one-year period.
2. Waiver of Time Limit. The waiver of time limit shall be approved only upon a finding by two-
thirds of the membership of the decision-making body that:
a) Substantial Change in Circumstances. There is a substantial change in circumstances
relevant to the issues or facts considered during review of the application that might
reasonably affect the decision-making body's application of the relevant review standards
to the development proposed in the application; or
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§ 8.1 §
b) New or Additional Information. New or additional information is available that was8.119 not
available at the time of the review that might reasonably affect the decision-making body's
application of the relevant review standards to the development proposed; or
c) New Application Materially Different. A new application is proposed to be submitted that
is materially different from the prior application; or
d) Material Mistake of Fact. The final decision on the application was based on a material
mistake or omission of fact that, if known, would likely have resulted in a different
determination.
P. Examination and Copying of Application/Other Documents. At any time upon reasonable request and
during normal business hours, any person may examine an application, the Staff Report and materials
submitted in support of or in opposition to an application in the office of the City Planner, subject to
recognized exceptions under the Freedom of Information Act21 or other state or federal law.
§ 8.2. Public Hearing Procedures.

All public hearings [amendments to the text and Zone District Map (rezoning); Planned Unit Development
Overlay (PUD-O) District classifications (rezoning); special use permits; and variances] held pursuant to
this Ordinance shall comply with the following procedures.
A. Conduct of Public Hearing.
1. Burden of Proof or Persuasion. The burden of demonstrating that an application complies with
applicable review and approval standards of this Ordinance is on the applicant. The burden is
not on the City or other parties to show that the standards have not been met by the applicant.
2. Rights of All Persons. Any person may appear at a public hearing and submit evidence, either
individually or as a representative of a person or an organization. Each person who appears at a
public hearing shall be identified, state an address, and if appearing on behalf of a person or
organization, state the name and mailing address of the person or organization being
represented.
3. Exclusion of Testimony. The body conducting the public hearing may exclude testimony or
evidence that it finds to be irrelevant, immaterial, or unduly repetitious.
4. Offers of Testimony. In the event any testimony or evidence is excluded as irrelevant,
immaterial, or unduly repetitious, the person offering such testimony or evidence shall have an
opportunity at that meeting to offer such testimony or evidence for the record. Such offer shall
be made at the public hearing.
5. Continuance of Public Hearing.
a) General. The body conducting the public hearing may, on its own motion or at the request
of any person, continue the public hearing to a fixed date, time and place. An applicant
shall have the right to request and be granted one continuance; however, all subsequent
continuances shall be granted at the discretion of the body conducting the public hearing
only upon good cause shown.
b) Notice. A public hearing for which proper notice was given may be continued to a later
date without again complying with the notice requirements of this section, provided that
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§ 8.1 §
the continuance is set for a date within 30 days, or to the next regularly scheduled meeting,
8.120
and the date and time of the continued hearing is announced at the time of the continuance.
6. Time. The body conducting the hearing shall act in accord with any time limits established in
this Ordinance. Action shall be taken as promptly as possible in consideration of the
interests of the
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§ § 8.3
8.121 applicant, the citizens of the City and the City, and shall include a statement of a
recommendation or decision of approval or disapproval (whichever is appropriate).
§ 8.3. Specific Standards and Applications for Development Approval.

A. General. The table below summarizes the development review procedures for all types of
applications for development approvals and other permits outlined in this section.
Table 8.3-1 Development Review Procedures

[Amended 3-19-2007 by Ord. No. 1822]
Review and Decision-Making Authority

Notices (Written,
Procedure Staff PC ZBA HO CC Newspaper)
Text Amendments (§ 8.3A) R <R> — <DM> N
Zone District Map Amendments R <R> — <DM> W, N

(§ 8.3B)
Planned Unit Development District R <R> — <DM> W, N

(§ 8.3C)
Special Use Permit (§ 8.3D) R <DM> — W, N
Variance (§ 8.3E) R — <DM> W
Appeals of Administrative Decisions — — <DM> — W

(§ 8.3F)
Administrative Adjustments DM <A> —

(§ 8.3G)
Site Plan Review
CBTR District (§ 8.3H) R DM
All other districts (§ 8.3H) DM DM

(if delegated) (if not
delegated)
Sign Permit (§ 8.3I) DM — <A> —
Temporary Use Permit DM — <A> —

(§ 8.3J)
Certificate of Zoning Compliance DM

(§ 8.3K)
Interpretations (§ 8.3L) DM <A>
Beneficial Use Determinations R <DM>

(§ 8.3M)
NOTE
S:
PC = Planning
Commission
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§ § 8.3
ZBA
8.122 = Zoning Board of
Appeals
HO = Hearing Officer
CC = City Commission
A:122
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§ § 8.3
NOTE
8.123
S:
R = Review Body (Responsible for Review and Recommendation)
DM = Decision-Making Body (Responsible for Final Decision to Approve or Deny)
A = (Appellate) Authority to hear and decide appeals of Decision-Making Body's
or Staff's action
<> = Public Hearing Required
N = Published Notice pursuant to § 8.1I2, Published Notice
W = Written notice pursuant to § 8.1I3, Written (Mailed) Notice.
B. Amendments to Text of Ordinance or Zone District Map (Rezoning)

1. Purpose. The purpose of this section is to provide a means for amending the text of this
Ordinance or making an amendment to the Zone District Map (Rezone).
2. Authority. The City Commission may adopt an ordinance amending the text of this
Ordinance or amending the Zone District Map (Rezone) upon compliance with the provisions
of this section.
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§ 8.3 § 8.3
3. Initiation
.
a) Amendment to the Text of This Ordinance. A petition to amend the text of this Ordinance
may be initiated by the City Commission, the Planning Commission, City staff, an owner
of property in the City, or a citizen of the City.
b) Amendment to Zone District Map. A petition to amend the Zone District Map (Rezoning)
may be initiated by the City Commission, the Planning Commission, City staff, or pursuant
to § 8.1A: Authority to File Applications.
Zone District Map

Amendments (Includes PUD)
4. Procedures. The procedures and requirements for a rezoning shall comply with the
requirements of
§ 8.1, General Provisions.
5. Standards. The advisability of amending the text of this Ordinance or making an amendment to
the Zone District Map (Rezoning) is a matter committed to the legislative discretion of the City
Commission and is not controlled by any one factor. In considering a Zone District Map
(Rezoning) amendment, the City Commission may adopt a change for only part of the area
requested or for a less intense zone district than requested by the applicant. In determining
whether to adopt or disapprove the proposed amendment, the City Commission shall consider
the following factors:
a) Consistent With Comprehensive Plan. Whether and the extent to which the proposed
amendment is consistent with the Comprehensive Plan.
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b) Changed Conditions. Whether and the extent to which there are changed conditions that
require an amendment.
c) Community Need. Whether and the extent to which the proposed amendment
addresses a demonstrated community need.
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§ 8.3 § 8.3
d) Compatible With Surrounding Uses. Whether and the extent to which the proposed amendment is
compatible with existing and proposed uses surrounding the subject land, and is the
appropriate zone district for the land, or the proposed amendment to the text of this
Ordinance will maintain or improve compatibility among uses and will ensure efficient
development within the City.
e) Development Patterns. Whether and the extent to which the proposed amendment would
result in a logical and orderly development pattern.
C. Planned Unit Development Overlay (PUD-O).
1. General. Proposed Planned Unit Development Overlay (PUD-O) zone district shall comply with
all applicable requirement of § 3.4: Planned Unit Development Overlay (PUD-O) Zone District,
and with this standards and criteria set forth in this § 8.3C.
2. General Applicability. Before any development shall be designated as a Planned Unit
Development Overlay (PUD-O) zone district on the Zone District Map, it shall receive approval
pursuant to the terms of this section.
3. Procedure.
a) Overview. A Planned Unit Development Overlay (PUD-O) District shall constitute an
amendment to the Zone District Map. It shall be controlled by a PUD Plan and PUD
Agreement that is approved as part of the Planned Unit Development Overlay (PUD-O)
zone district classification. The procedure requires review and recommendation of
approval, approval with conditions or disapproval by the Planning Commission and review
and approval, approval with conditions or disapproval by the City Commission.
Subsequent to development of a Planned Unit Development Overlay (PUD-O) district, a
site plan shall be approved pursuant to § 8.3.H: Site Plan.
b) General. The procedures and requirements for a Planned Unit Development Overlay (PUD-
O) district classification shall comply with the requirements of § 8.1: General Provisions.
4. Standards In approving a Planned Unit Development Overlay (PUD-O) zone district
classification, the City Commission shall find the zone district designation and PUD Plan
complies with the following standards:
a) Development Parameters.
1) The proposed uses for the development may be varied from the permitted uses and
special uses for the underlying base zone district identified in § 4.1: Use Table.
2) The dimensional standards may vary from the requirements in § 5.1:
Density/Intensity/ Dimensional Standards Table.
3) The development is comprehensively planned and integrated, compact, and, where
possible, linked by pedestrian ways to surrounding properties.
4) The development is compatible with the character of surrounding land uses and
maintains and enhances the value of surrounding properties.
b) Signs. Signage complies with Chapter 7: Signs, except that signage standards may vary
from Chapter 7: Signs, if a comprehensive sign plan for the proposed development is
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submitted that is determined to be suitable for the PUD Plan, and it is consistent with the
intent and purpose of the sign regulations.
c) Public Facilities.
1) The PUD Plan demonstrates a safe and adequate on-site transportation circulation
system that
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§ 8.3 § 8.3
is integrated with the off-site transportation circulation system of
the City.
2) The PUD Plan demonstrates a safe and adequate on-site system of potable water and
wastewater lines that can accommodate the proposed development, that are efficiently
integrated into off-site potable water and wastewater public improvement plans.
3) Adequate off-site facilities for potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads is planned and programmed for
the development proposed in the PUD Plan, and the development is conveniently
located in relation to schools and police protection services.
4) The improvements standards applicable to the public facilities that will serve the site
comply with the relevant City regulations. Provided, however, the development may
deviate from the City's road standards so the development achieves greater efficiency
of infrastructure design and installation through clustered or compact forms of
development, when the following minimum design principles are followed:
(a) The circulation system is designed to provide safe, convenient access to all areas
of the proposed development using the minimum practical roadway length.
Access is provided by a public right-of-way, private vehicular or pedestrian way
or a commonly owned easement Internal pathways are provided to form a logical,
safe and convenient system for pedestrian access to dwelling units and common
areas, with appropriate linkages off-site.
(b) Roadways are designed to permit access by emergency vehicles to all lots and/or
units. An access easement is granted for emergency vehicles and utility vehicles,
as applicable, to use roadways in the development for the purpose of providing
emergency services and for installation, maintenance and repair of utilities.
(c) Principal vehicular access points are designed to provide for smooth traffic flow,
minimizing hazards to vehicular, pedestrian, or bicycle traffic. Where a PUD-O
district abuts a major collector, arterial road, or highway, direct access to the road
or highway from individual lots, units, or buildings is not permitted, unless
specifically approved as part of the PUD-O district.
d) Open Space. The development proposed in the PUD Plan complies with the following open
space standards:
1) A minimum of 35% of the gross land in the PUD Plan is reserved for common
recreation and usable open space. Parking areas, street right-of-way and minimum
yard setbacks shall not be counted when determining usable open space. Water bodies
and floodplains that are preserved as open space shall count towards this minimum
standard, even when they are not usable by or accessible to the residents of the
development.
2) All privately owned common open space shall continue to conform to its intended use,
as specified in the PUD Plan. To ensure that all the common open space identified in
the PUD Plan will be used as common open space, restrictions and/or covenants shall
be placed in each deed to ensure their maintenance and to prohibit the partition of any
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common open space.
e) Natural Resource and Environmental Protection. The PUD Plan complies with the current
regulatory standards of this Ordinance and other relevant City, state and federal regulations
related to natural resource and environmental protection.
f) Phasing. The PUD Plan includes a phasing plan for the development, if appropriate, with
specific build-out dates and the necessary components to insure protection of natural
resources and the
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§ 8.3 § 8.3
health, safety, and welfare of the users of the planned unit development and the residents of the
surrounding area. If development of the planned unit development is proposed to occur in
phases, then guarantees shall be provided that project improvements and amenities that are
necessary and desirable for residents of the project, or that are of benefit to the City, are
constructed with the first phase of the project, or, if this is not possible, then as early in the
project as is technically feasible.
g) Consistent With Comprehensive Plan. The PUD Plan is consistent with the City's
Comprehensive Plan.
h) Complies With This Ordinance. The PUD Plan complies with all other relevant
requirements of this Ordinance.
5. Conditions. The Planning Commission shall have the authority to recommend and the City
Commission shall have the authority to impose such conditions on a Planned Development
(PUD) Overlay zone district classification and PUD Plan that are necessary to accomplish the
purposes of this Ordinance.
6. Planned Unit Development (PUD) Agreement. Concurrent with the approval of the adopting
ordinance for the PUD Overlay zone district classification and the PUD Plan, a PUD Agreement
shall be established binding the Planned Development to any conditions placed in the adopting
ordinance and PUD Plan. To the degree necessary and appropriate, the PUD Agreement shall
include, but is not limited to conditions related to: design requirements; a phasing plan; open
space; a comprehensive sign plan; landscaping; parking; and public facility improvements and
phasing.
7. Placement of Planned Unit Development (PUD) Overlay District Designation on Official Zone
District Map. After final approval of the adopting ordinance for the Planned Unit Development
Overlay (PUD- O) zone district classification, the PUD Plan and PUD Agreement, the City
Planner shall amend the Zone District Map to show a Planned Unit Development Overlay (PUD-
O) zone district classification.
8. Recordation. The applicant shall record the adopting ordinance for the Planned Unit
Development Overlay (PUD-O) zone district classification, the PUD Plan and the PUD
Agreement with the County Registrar of Deeds. They shall be binding upon the landowners,
their successors and assigns, and shall constitute the development regulations for the land.
Development of the land shall be limited to the uses, density, configuration, design guidelines
and all other elements and conditions set forth on the PUD Plan and PUD Agreement. The
applicant shall submit proof to the City Planner that the adopting ordinance, PUD Plan, and
PUD Agreement have been recorded with the County Registrar of Deeds within 180 calendar
days of its approval or the adopting ordinance, PUD Plan, and PUD Agreement shall be rendered
invalid and the property shall return to its prior zone district classification.
9. Effect. Approval of an adopting ordinance for a Planned Unit Development Overlay (PUD-O)
zone district classification, the PUD Plan and PUD Agreement shall constitute a Zone District
Map classification and recognition by the City that the landowner may proceed, consistent with
the PUD Plan and PUD Agreement to develop the land, with appropriate site plan review and
permit approvals.
10. Expiration.
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a) General. The approval of a PUD Plan, and PUD Agreement if applicable shall be null and
void unless construction of required improvements is commenced and diligently pursued to
completion, and a site plan is submitted for at least the initial phase of the PUD Plan within
three years after the date of approval of the Planned Unit Development Overlay (PUD-O)
Overlay zone district classification. Such time period will not be extended with transfer of
ownership.
b) One Extension. Upon written request, one extension of time may be granted by the City
Commission for a period not to exceed one year for good cause shown. No request for an
extension shall be considered unless a written request is submitted to the City Planner no
later than 30 days prior to the date the PUD Plan is to expire. The approval shall be deemed
extended until the City
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§ 8.3 § 8.3
Commission has acted upon the request for extension. Failure to submit an application for an
extension within the time limits established by this section shall render invalid the PUD
Plan, and PUD Agreement if applicable.
c) Effect of Invalidation. If an adopted PUD Plan, and PUD Agreement if applicable, becomes
invalid through the operation of Subsection (a) or (b) above, no further development within
the approved PUD-O zone district may take place until a new PUD Plan, and PUD
Agreement if applicable, has been approved in the same manner required for the approval
of the original PUD Plan. At any time after the invalidation of a PUD Plan, and PUD
Agreement if applicable, the City Commission may, upon its own initiative, rezone the
property in the approved PUD-O districts back to the zone district that existed prior to the
approval of the PUD-O district, or to any other zone district consistent with the
Comprehensive Plan.
11. Minor Deviations. A minor deviation to a PUD Plan and/or a PUD Agreement may be approved
by the City Planner. In making a decision on a minor deviation the City Planner shall identify
the facts and standards of this section that permit the approval or disapproval of the minor
deviation. A minor deviation shall be limited to technical or engineering considerations first
discovered during actual development that could not reasonably be anticipated during the
approval process or any other change that has no material effect on the character of the approved
planned unit development or any of its approved terms or conditions, as long as it complies with
the standards of this Ordinance. Minor deviations shall be limited to the following:
a) Height. An increase of building height by not more than 10%, as long as the height increase
is consistent with the contextual height of the surrounding buildings and structures and the
PUD Plan.
b) Alteration of the Building Envelope. Alteration of the building envelope of up to 10%,
provided such alteration does not materially change the design of the development
approved in the PUD Plan, and does not change the number of stories, density or intensity.
c) Reduction of Open Space. Reduction of the total amount of open space by not more than
1%, as long as 20% of the project is maintained in open space.
d) Parking Spaces. A decrease of parking spaces by not more than 5%, if it is demonstrated
that the minor deviation complies with requirements of § 6.1: Off-Street Parking and
Loading.
e) Relocation of Buildings. Relocation of buildings or uses, as long as they maintain the same
general building relationships, topography, landscaping, and utility design and are
consistent with the PUD Plan, as long as any required setbacks are maintained.
12. Amendments. An amendment to a PUD Plan and/or PUD Agreement may be made only pursuant
to the procedures and standards for its original approval.
D. Special Use Permit.
1. Purpose. Special uses are those uses that may have a greater propensity to adversely affect
surrounding uses in a zone district and, therefore, require special and individual review of their
location, design, configuration, intensity, and density of use or structures to ensure land use
compatibility, public facility adequacy, natural resource protection and the public health, safety
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and welfare of the residents of the City. Conditions of approval may be imposed on a special
use that is pertinent to the particular use at a particular location.
2. Authorization.
a) General. The Planning Commission, in accordance with the procedures and standards of
this section, shall review, consider and approve, approve with conditions or disapprove
special use permits.
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§ 8.3 § 8.3
b) Uses Authorized. Only those uses authorized as special uses in § 4.1: Use Table, may be approved
as special uses. The designation of a use as a special use in § 4.1: Use Table, does not
constitute an authorization that such use shall be approved as a special use pursuant to this
section. Rather, each proposed special use shall be evaluated by the Planning Commission
for compliance with the standards set forth in this section and the applicable supplementary
standards for the use in § 4.2: Use Standards.
3. Procedure. The procedures and requirements for a special use permit shall comply with the
requirements of § 8.1: General Provisions.
Special Use Permit
4. Standards. The Planning Commission shall approve a special use permit if it finds there is
evidence in the record that demonstrates all of the following are met:
a) Compatibility. The proposed special use is appropriate for its proposed location and
compatible with the character of surrounding land uses and the uses permitted in the zone
district(s) of surrounding lands.
b) Zone District Use Standards. The proposed special use complies with § 4.2: Use Standards.
c) Location and Design Minimizes Adverse Impact. The location and design of the proposed
special use minimizes adverse effects, including visual impact of the proposed use on
adjacent lands by:
1) Avoiding significant adverse impact on surrounding lands regarding service delivery,
parking and loading, odors, noise, glare, and vibration, and does not create a
nuisance.
2) Retaining, to the greatest extent possible, the natural features of the landscape where
they provide a barrier or buffer between the proposed special use and adjoining
lands.
3) Locating buildings, structures, and entryways to minimize impact.
4) Providing appropriate screening, fencing, landscaping, and setbacks.
d) Design Minimizes Environmental Impact. The proposed special use minimizes
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environmental impacts, and conforms to all relevant environmental protection standards of
this Ordinance, or any other state or federal laws.
e) Off-Site Roads. There is adequate road capacity available to serve the proposed special use.
f) Road Ingress and Egress. The proposed special use is designed to ensure safe ingress and
egress onto the site and safe road conditions around the site.
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§ 8.3 § 8.3
g) Impact on Other Public Facilities. There are adequate potable water, wastewater, solid waste, park,
police, and fire/EMS facilities to serve the proposed special use.
h) Access for Fire, Police, and EMS. The proposed special use is located and designed so that
adequate access onto the site is provided for fire, police, and EMS services.
i) Site Development Standards. The proposed special use complies with the appropriate
standards in Chapter 6: General Development Standards.
j) Other Relevant Standards of This Ordinance. The proposed special use complies with all
standards imposed on it by all other applicable provisions of this Ordinance for use, layout,
and general development characteristics.
5. Conditions of Approval. The Planning Commission may impose, in approving the special use,
such conditions on approval of the proposed use, and the premises to be developed or used
pursuant to such approval, as it determines are required by the standards of this section and all
other relevant standards of this Ordinance to prevent or minimize adverse effects from the
proposed use and development on surrounding lands. All conditions imposed on any special use
shall be expressly set forth in the special use permit approval.
6. Recording. The Planning Commission may require the applicant to record the special use permit
with the County Register of Deeds. The special use permit shall be binding upon the landowners,
their successors and assigns.
7. Effect of Special Use Permit. Issuance of a special use permit shall authorize only the particular
use, subject to the conditions approved in the special use permit. A special use permit, including
any conditions, shall run with the land and shall not be affected by a change in ownership.
8. Expiration. Unless otherwise specified in the special use permit, an application for a construction
permit shall be applied for and approved within two years of the date of the approval of the
special use permit or the special use permit shall be considered invalid. Permitted time frames
do not change with successive owners.
9. Extension. Upon written request, one extension of one year may be granted by the Planning
Commission for good cause shown.
10. Amendments. A special use permit may be amended, extended, or modified only in accordance
with the procedures and standards established for its original approval.
E. Variances.
1. Purpose.
a) General. There are two types of variances allowed under the terms of this Ordinance:
dimensional variances and use variances.
b) Dimensional Variances. Dimensional variances are deviations from the height, setback,
yard, lot coverage, parking, landscaping and signage standards of this Ordinance, when
owing to special circumstances or conditions (such as exceptional topographical
conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal
enforcement of the provisions of this Ordinance would result in peculiar and practical
difficulties to the owners of the land, and the deviation would not be contrary to the public
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interest.
c) Use Variances. Use variances are variations from the schedule of permitted uses in a zone
district established pursuant to § 4.1: Use Table, when owing to unnecessary hardship
uniquely associated with the property, this Ordinance unreasonably restricts the property
owner's use of permitted uses.
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§ 8.3 § 8.3
d) No Increase in Residential Density. A request to modify lot requirements to increase the permitted
density of new residential development shall not be considered a variance and is prohibited
(e.g., a lot modification that increases the number of permitted dwelling units on a lot shall
not be allowed).
2. Authority. The Zoning Board of Appeals, in accordance with the procedures, standards and
limitations of this section, is authorized to review and approve, approve with conditions or
disapprove an application for a variance (dimensional variances or use variances).
3. Procedure. The procedures and requirements for variances shall comply with the requirements
of § 8.1: General Provisions.
Variance
4. Standards.
a) Dimensional Variance. The Zoning Board of Appeals shall approve a dimensional variance
on a finding there is competent, material, and substantial evidence in the record that all of
the following standards are met:
1) There are special circumstances or conditions (like exceptional topographic
conditions, narrowness, shallowness, or the shape of property) that are peculiar to the
land or structure for which the variance is sought, that is not applicable to other land
or structures in the same zone district.
2) The special circumstances are not the result of the actions of the applicant or
titleholder of the land.
3) The literal interpretation and enforcement of the terms and provisions of this
Ordinance would deprive the applicant of rights commonly enjoyed by other land in
the same zone district, and would cause practical difficulty.
4) The granting of the variance is the minimum action that will make possible the use of
the land or structure that is not contrary to the public interest, and that would carry out
the spirit of this Ordinance.
5) The granting of the variance will not adversely affect adjacent land in a material way.
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6) The granting of the variance will be generally consistent with the purposes and intent
of this Ordinance.
7) Where the requested dimensional variance involves required landscaping, the Zoning
Board
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§ 8.3 § 8.3
of Appeals may grant a variance upon the following additional
criteria:
(a) Existing landscaping, screening or wetlands intended to be preserved meets the

intent of this section.
(b) The landscape design proposed by the applicant meets the intent of this section.
(c) There is a steep change in topography that would limit the benefits of
required landscaping.
(d) The proposed building and parking lot placement is setback well beyond the
minimum required.
(e) The abutting or adjacent land is developed or will be developed in the near
future with a use other than residential.
(f) Similar conditions to the above exist such that no good purpose would be
served by providing the landscaping or screening required.
b) Use Variance. The Zoning Board of Appeals shall approve a use variance on a finding there
is competent, material, and substantial evidence in the record that all of the following
standards are met:
1) The literal interpretation and enforcement of the terms and provisions of this
Ordinance would deprive the applicant for all practical purposes from using the
property for a permitted use identified in § 4.1: Use Table, which is a right commonly
enjoyed by other land in the same zone district.
2) There is unnecessary hardship based on special circumstances or conditions that are
peculiar to the land or structure for which the use variance is sought that is not
applicable to other land or structures in the same zone district.
3) The special circumstances are not the result of the actions of the applicant.
4) The granting of the variance is the minimum action that will make possible the use of
the land or structure that is not contrary to the public interest, and that would carry out
the spirit of this Ordinance.
5) The granting of the variance will not adversely affect adjacent land in a material way.
6) The granting of the variance will be generally consistent with the purposes and intent
of this Ordinance.
5. Conditions of Approval. The Zoning Board of Appeals, in approving the variance, may impose
conditions on such approval, the proposed use, and the premises to be developed or used
pursuant to such approval as it determines are required to ensure compliance with the standards
in this section. The conditions shall be identified in the variance approval.
6. Recording. The Zoning Board of Appeals may require the applicant to record the variance with
the County Register of Deeds. The variance shall be binding upon the landowners, their
successors and assigns.
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7. Effect of Variance. Issuance of a variance shall authorize only the particular variation that is
approved in the variance. A variance, including any conditions, shall run with the land and not
be affected by a change in ownership.
8. Subsequent Development. Development authorized by the variance shall not be carried out
until the
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§ 8.3 § 8.3
applicant has secured all other approvals required by this Ordinance or any other applicable
provisions of the City. A variance does not ensure that the development approved as a variance
shall receive subsequent approval for other applications for development approval unless the
relevant and applicable portions of this Ordinance or any other applicable provisions are met.
9. Expiration. Unless otherwise specified in the variance, an application for a construction permit
shall be applied for and approved within one year of the date of the approval of the variance,
otherwise the variance shall become invalid. Permitted time frames do not change with
successive owners.
10. Extension. Upon written request, one extension of six months may be granted by the Zoning
Board of Appeals for good cause shown.
11. Amendment. A variance may be amended, extended or modified only in accordance with the
procedures and standards established for its original approval. A request for a change in a
condition of approval of a variance shall be considered an amendment.
F. Appeals of Administrative Decisions.
1. Authorization. Any person aggrieved or effected by any order, decision, determination, or
interpretation made by the City Planner or other administrative official of the City charged with
administration or enforcement of this Ordinance, may appeal such decision to the Zoning Board
of Appeals pursuant to the procedures and standards of this section.
2. Procedure.
a) Initiation of Appeal. An appeal pursuant to this section shall be initiated by filing a written
appeal of the administrative decision/determination within 30 days of the date of the order,
decision, determination or interpretation.
b) Contents of Appeal. The written appeal of the administrative decision/determination from
the allegedly aggrieved person shall include a statement of the error or improper order,
decision, determination or interpretation, the date of that decision, and all support materials
related to the decision. A nonrefundable filing fee as set by resolution of the City
Commission shall also be submitted.
c) Forwarding Record to the Appellate Body. Upon receiving the written appeal of the
administrative decision/determination, the City Planner or other administrative official
whose decision/ determination is being appealed, shall transmit the written appeal of the
administrative decision/ determination and all papers, documents and other materials
relating to the order, decision, determination or interpretation that is appealed to the Zoning
Board of Appeals. This material shall constitute the record of the appeal.
d) Scheduling of Notice and Hearing. The City Planner shall schedule a hearing on the matter
at the next regularly scheduled Zoning Board of Appeals meeting by which time notice can
be provided consistent with the requirements of § 8.1I.3: Written (Mailed) Notice.
e) Action by Zoning Board of Appeals. At the hearing on the appeal, the appellant or the
appellant's agent shall state the grounds for the appeal and identify any materials or
evidence from the record to support the appeal. The City Planner or other administrative
official whose action is the subject of the appeal shall be given an opportunity to respond,
as well as any other person(s) the Zoning Board of Appeals deems necessary. After the
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§ 8.3 § 8.3
conclusion of the hearing, the Zoning Board of Appeals shall affirm, partly affirm, modify,
or reverse the order, decision, determination, or interpretation, based on the standards in §
8.3F.3: Standards. The concurring vote of a majority of the members of the Zoning Board
of Appeals shall be necessary to reverse any order, decision, determination, or
interpretation on appeal.
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§ 8.3 § 8.3
Appeals of Administrative Decisions
3. Standards. An order, decision, determination or interpretation shall not be reversed or modified

unless there is competent, material and substantial evidence in the record that the order, decision,
determination or interpretation fails to comply with either the procedural or substantive
requirements of this Ordinance, state law or the federal or state constitutions.
4. Conditions. The Zoning Board of Appeals may impose conditions upon an affirmative decision
to ensure the requirements and purposes of this Ordinance are followed in the order, decision,
determination, or interpretation.
5. Stay. A properly submitted appeal shall stay all administrative proceedings by the City in
furtherance of the action appealed, unless the City Planner or other administrative official from
whom the appeal is taken certifies to the Zoning Board of Appeals that a stay would cause
imminent peril to life or property, in which case the administrative proceedings shall not be
stayed unless a restraining order is granted by the Zoning Board of Appeals for good cause
shown.
G. Administrative Adjustments.
1. General. This section sets out the procedures and standards for administrative adjustments,
which are modifications of 10% or less of any numeric dimensional standard set out in § 5.1:
Density/Intensity/ Dimensional Standards Table, except those related to residential density or
nonresidential intensity.
2. Procedure.
a) General. The procedures and requirements for initiation of an application, the application
contents, fees, application submission, and review of the application by City staff shall
comply with those relevant provisions in § 8.1: General Provisions.
b) Action by City Planner. Within 30 days after the application is determined sufficient, the
City Planner shall review the application and approve, approve with conditions or
disapprove the administrative adjustment based on the standards in § 8.3G.3: Standards.
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§ 8.3 § 8.3
Administrative Adjustments
3. Standards. The City Planner may approve an administrative adjustment upon a finding that all
of the following standards are met:
a) General. The requested adjustment eliminates an unnecessary inconvenience to the
applicant, is not inconsistent with the character of development in the surrounding area and
will not result in incompatible land uses;
b) Mitigates Adverse Impacts. Any adverse impacts resulting from the administrative
adjustment will be mitigated to the maximum extent feasible; and
c) Technical Nature/Compensates for Unusual Aspect of Site. The administrative adjustment
is of a technical nature and is required to compensate for some unusual aspect of the site or
the proposed development that is not shared by landowners in general. For example: If a lot
slopes so sharply at the property boundary that the primary structure would not be visible
even without the minimum setback, and the shape of the lot makes it difficult to meet the
setback, an administrative adjustment to a smaller setback may be appropriate.
4. Conditions of Approval. The City Planner may, in approving the administrative adjustment,
impose such restrictions and conditions on such approval and the premises to be developed or
used pursuant to such approval as are determined are required to ensure compliance with the
general goals, objectives, and policies of this Ordinance to prevent or minimize adverse effects
from the proposed administrative adjustment.
5. Recording. The City Planner may require the applicant to record the administrative adjustment
with the County Register of Deeds. The administrative adjustment shall be binding upon the
landowners, their successors and assigns.
6. Subsequent Development. Development authorized by the administrative adjustment shall not be
carried out until the applicant has secured all other permits required by this Ordinance or any
other applicable provisions of the City. An administrative adjustment shall not ensure that the
development approved as an administrative adjustment shall receive subsequent approval for
other applications for development, unless the relevant and applicable portions of this Ordinance
or any other applicable provisions are met.
7. Effect of Administrative Adjustment. Issuance of an administrative adjustment shall authorize
only the particular modification that is approved in the administrative adjustment. An
administrative adjustment, including any conditions, shall run with the land and not be affected
by a change in ownership.
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§ 8.3 § 8.3
8. Expiration. Unless otherwise specified in the administrative adjustment, an application for a
construction permit shall be applied for and approved within one year of the date of the approval
of the administrative adjustment, otherwise the administrative adjustment shall become invalid.
Permitted time frames do not change with successive owners.
9. Extension. Upon written request, only one extension of time may be granted by the City
Planner for a
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Page 734 of 885
§ § 8.3
8.3 period not to exceed six months for good cause
shown.
10. Amendment. An administrative adjustment may be amended, extended or modified only in

accordance with the procedures and standards established for its original approval.
H. Site Plan.
1. Purpose and Intent. The purpose and intent of this section is to establish procedures and
standards for review and approval of development to ensure full compliance with the site and
development standards of this Ordinance and other related City ordinances and state and federal
regulations. Specifically, these site plan review procedures and standards are intended to:
a) Consultation and Cooperation. Foster consultation and cooperation between property
owners proposing to develop land and the City.
b) Balance Property Rights and Community Goals. Balance rights of the property owner with
the development goals of the City and the rights of adjacent landowners.
c) Minimize Adverse Impacts on Investments of Surrounding Landowners. Minimize adverse
impacts of development on the investments of surrounding landowners.
d) Minimize Impacts on Environment, Drainage, Soil Erosion, and Stormwater Control.
Ensure site design minimizes negative impacts on the environment, drainage, soil erosion,
and stormwater control.
e) Development Consistent With Surrounding Character and Goals of Comprehensive Plan.
Ensure the arrangement, location and design of development is consistent with the
character of the area and the goals of the Comprehensive Plan.
f) Minimize Impact on Roads. Ensure site design minimizes negative impacts on roadway
capacity, the safety of motorists and pedestrians, utilities, and community facilities and
services.
g) Safe and Efficient Circulation. Ensure safe and efficient circulation for motorized and
nonmotorized traffic and pedestrians within and adjacent to sites.
h) Gradual Upgrade of Nonconforming Sites. Provide for the gradual upgrade of existing sites
that do not conform with current standards.
i) Thorough Evaluation of Development. Ensure a thorough evaluation of development in
relation to the goals of the Comprehensive Plan, with emphasis on preserving aesthetics,
the environment, historic resources, property values, quality of life, and other public health,
safety and welfare objectives.
2. Applicability. Unless exempted pursuant to § 8.3H.3: Exemptions, prior to the development of
any new use or structure, any change of an existing use of land, the expansion or conversion of
any use or structure, or any other development activity, a site plan shall be approved pursuant to
the procedures and standards of this section. Construction plans will not be reviewed or a
construction permit issued until a site plan is approved pursuant to the procedures and standards
of this section.
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Page 735 of 885
3. Exemptions. The following shall be exempted from the requirements of this section:
a) One- or Two-Family Dwelling. The development or expansion of a one-family or two-
family dwelling unit.
b) Dwelling Unit in Mobile Home Park. Placement of a dwelling unit in an approved mobile
home park.
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§ 8.3 § 8.3
c) Internal Construction Not Increasing Intensity or Parking Requirement. The internal construction
or change in the floor area of a structure that does not increase gross floor area, increase
the intensity of use or affect parking requirements on a site that meets all development and
site design standards of this Ordinance.
d) Site Clearing Within Area Less Than 1/2 Acre. Grading, excavation, filling, soil removal,
creation of ponds or clearing of trees within an area of less than 1/2 acre in size.
e) Temporary Uses. Temporary uses.
f) Minor Development or Expansion. Expansion or new structures up to and including 250
square feet in area.
4. Overview. Development for which a site plan is required pursuant to this section shall be
subject to one of two processes: sketch plan review or full site plan review.
a) Sketch Plan Review. Sketch plan review is required of smaller sized development and
development with potentially less impacts. Except for development in the CBTR District,
it requires review and approval, approval with conditions or disapproval by the Site Plan
Review Committee (SPRC). Sketch plan review in the CBTR District requires review and
approval by the SPRC and review and final action by the Planning Commission.
b) Full Site Plan Review. Full site plan review is required of larger sized development, and
development with potentially greater impacts. Except for development in the CBTR
District, it requires review and approval, approval with conditions or disapproval of a
preliminary site plan and then a final site plan by the SPRC. Preliminary site plan and then
final site plan review in the CBTR District requires review and approval by the SPRC and
then review and final action by the Planning Commission. The applicant may consolidate
review of the preliminary site plan and final site plan. The preliminary site plan presents
the proposed development concept with sufficient information to enable the review board
to determine whether the concept complies with the review standards of this section. The
final site plan requires submission of detailed information about the proposed development
with exact dimensions, representing a firm commitment about development of the site.
5. Threshold for Sketch Plan Review and Full Site Plan Review. The thresholds for which
type of development is subject to sketch plan review or full site plan review are set forth in
Table 8.3-2.
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Table 8.3-2: Threshold for Sketch Plan and Full Site Plan
[Amended 3-19-2007 by Ord. No. 1822]
Required Review
Development Use/Expansion Sketch Plan Full Site Plan
New Development — Residential
Residential development, unless exempted ☑
Residential care facilities (state licensed) that are permitted uses ☑
Residential care facilities (state licensed) that require special use permit ☑
New Development — Nonresidential
Construction of new building or structure ☑
Nonresidential development requiring special use permit ☑
Erection of wireless communication antenna on existing facility ☑
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Page 738 of 885
§ 8.3 § 8.3
Table 8.3-2: Threshold for Sketch
Plan and Full Site Plan [Amended 3-
19-2007 by Ord. No. 1822]
Required Review
Sketch Plan Full Site Plan

Development Use/Expansion
Erection of wireless communication structure or towers ☑
Construction of essential public service buildings and storage areas ☑
Public and private golf courses, outdoor recreational uses, and parks, including principal structures,
☑
and parking areas
Expansion
An increase in the building floor area up to 1,500 square feet or 10% of the existing floor area, ☑
whichever is less, based on the cumulative total of the proposed
expansion and any expansion within the last five years
An increase in the building floor area greater than that specified above ☑
An increase in parking or loading area over 10% or 6,000 square feet of pavement area, whichever is
☑
less
Change in Use
Any change in the use of land or a building to a more intensive use, that may involve significant ☑
changes to features such as building appearance, parking needs,
traffic flow, traffic volumes, buffering needs, hours of operation,
noise, effluent discharge, drainage, lighting, and similar impacts
A change in use to a similar or less intensive use for a site that does not comply with current ☑
development standards (such as landscaping, signs, lighting or drainage)
A change from a nonconforming use, building, or site, to a more conforming situation ☑
Other Type of Development
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Page 739 of 885
Accessory open-air business ☑
Architectural changes to a multiple-family residential structure (three or more units) or a ☑

nonresidential structure (only an elevation plan describing
changes and construction materials is required if no changes to
the use of the site are proposed)
Grading, excavation, filling, soil removal, creation of ponds or clearing of trees of one-half acre or
☑
more
Home occupations ☑
6. Procedure. The Planning Commission is responsible for approval of all site plans. However, for
all zone districts other than the CBTR zone district, the Planning Commission may annually
delegated authority to approve site plans to the Site Plan Review Committee. Such a delegation
is currently in effect, and is reflected in the procedures below. In the event the Planning
Commission does not delegate site plan approval authority to the SPRC for one or more
district(s) in the future, site plan review procedures for such district(s) shall be governed by the
provisions below applicable to the CBTR district.
a) Sketch Plan Review, Except in CBTR District. Sketch plan review shall follow the
following procedure, except in the CBTR District.
1) Initiation, Submission and Review of Application. The procedures and requirements
for initiation of an application for sketch plan review, the application contents, fees,
application submission and sufficiency determination shall comply with the relevant
requirements of
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Page 740 of 885
§ 8.3 § 8.3
§ 8.1: General
Provisions.
2) Initial SPRC review. Within a reasonable period of time after the application is
determined sufficient, the Site Plan Review Committee (SPRC) shall review the
application and prepare a written Staff Report on whether the application complies
with the standards in § 8.3H.7: Standards. A copy of the Staff Report shall be provided
to the applicant.
3) Plan Complies/Approve. If the SPRC finds the sketch plan complies with the
standards in
§ 8.3H.7: Standards, the sketch plan shall be approved.
4) Plan Not Comply/Applicant Opportunity to Modify. If the Staff Report identifies
changes that need to be made to the sketch plan to ensure it complies with § 8.3H.7:
Standards, the applicant shall submit a modified sketch plan addressing the required
changes.
5) Action After Resubmittal. The SPRC shall review the sketch plan within a reasonable
period of time after its resubmittal, and approve, approve with conditions or
disapprove the application, based on the standards in § 8.3H.7: Standards. If the sketch
plan is not resubmitted within 60 days of the date the SPRC provides the applicant the
Staff Report, the application shall be considered withdrawn.
b) Sketch Plan Review in CBTR District. The procedure for the review of a sketch plan in the
CBTR District shall be the same as the procedure for a sketch plan established above (§
8.3H.6.a), except that after the sketch plan is approved or approved with conditions by the
SPRC, it shall be placed on the agenda of the next regularly scheduled Planning
Commission meeting by the City Planner, along with a written report from the SPRC. At
the meeting the Planning Commission shall review the sketch plan, the written report from
the SPRC and all other relevant information and testimony, and approve, approve with
conditions or disapprove the sketch plan based on the standards in
§ 8.3H.7: Standards.
c) Full Site Plan Review, Except in CBTR District.
1) Preliminary Site Plan (optional).
(a) The procedures and requirements for initiation of an application for preliminary
site plan review, the application contents, fees, application submission and
sufficiency determination shall comply with the relevant requirements of § 8.1:
General Provisions.
(b) Within a reasonable period of time after the application is determined sufficient,
the SPRC shall review the application and prepare a written Staff Report on
whether the application complies with the standards in § 8.3H.7: Standards. A
copy of the Staff Report shall be provided to the applicant.
(c) If the SPRC finds the preliminary site plan complies with the standards in §
8.3H.7: Standards, the preliminary site plan shall be approved or approved with
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conditions.
(d) If the Staff Report identifies changes that need to be made to the preliminary site
plan to ensure it complies with § 8.3H.7: Standards, the applicant shall submit a
modified preliminary site plan or final site plan addressing the required changes.
(e) The SPRC shall review the preliminary site plan within a reasonable time after
its resubmittal, and approve, approve with conditions or disapprove the
application, based on the standards in § 8.3H.7: Standards. If the preliminary site
plan is not resubmitted within 60 days of the date the SPRC provides the
applicant the Staff Report, the application shall be considered withdrawn.
2) Final Site Plan. The procedure for the review of a final site plan shall be the same
as the
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§ 8.3 § 8.3
procedure for a preliminary site plan established in Subsection 6(a)(1) of § 8.3H: Site Plan.
The final site plan shall be in substantial conformance with the preliminary site
plan and comply with the standards in § 8.3H.7: Standards.
d) Full Site Plan Review in the CBTR District. The procedure for full site plan review in the
CBTR District shall be the same as the procedure for full site plan review established above
(§ 8.3H.6.c), except that after final site plan is approved or approved with conditions by
the SPRC, it shall be placed on the agenda of the next regularly scheduled Planning
Commission meeting by the City Planner, along with a written report containing the
SPRC's findings. At the meeting, the Planning Commission shall review the final site plan,
the written report, and all other relevant information and testimony, and approve, approve
with conditions or disapprove the plans based on the standards in § 8.3H.7: Standards.
7. Standards. A site plan shall be approved upon a finding that:
a) Uses. The uses in the site plan comply with § 4.1: Use Table.
b) Zone District Use Standards. The development and uses in the site plan comply with § 4.2:
Use Standards.
c) Site Configuration. All elements of the site plan are harmoniously and efficiently organized
in relation to topography, the size, and type of the lot, the land use character of adjoining
properties and the types and size of buildings, and are consistent with any adopted plans
for the area and standards or guidelines for location of structures on the site.
Site Plan Review
d) Not Adversely Affect Development or Improvement of Surrounding Property. The

development proposed in the site plan does not adversely affect the normal and orderly
development or improvement of surrounding property for uses permitted in Table 4.1, Use
Table.
e) Not Adversely Impact on Surrounding Land Uses and Zoning. The development proposed
in the site plan is harmonious with, and not harmful or injurious to existing and planned
future uses in the immediate area. The proposed development will be coordinated with
improvements serving the subject property and with the other developments in the vicinity.
f) Design and Development Standards in Historic Districts and CCBI). The development
proposed in a site plan located within local historic districts, other historically designated
A:155
Page 743 of 885
areas or within the CCBD district conforms to all applicable design and development
standards.
g) Preservation of Historic Resources. The site plan demonstrates judicious effort to preserve
and protect historic resources to the greatest extent reasonable, and the site plan meets all
federal, state, and local regulations pertaining to historic resources.
h) Open Space. Open space is distributed and conveniently located physically with respect
to the
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Page 744 of 885
§ 8.3 § 8.3
overall development, will be accessible to all residents of the development and is located to meet
the needs of the residents or occupants. Open space shall be rationally coordinated with open
space features of adjacent areas and enhance the natural features of the site.
i) Preservation of Natural Features. The site plan demonstrates judicious effort to preserve
the integrity of the land, existing topography, natural features (i.e., slopes, woodlands, etc.)
and natural drainage patterns. Regulated and nonregulated wetlands are preserved or
modified in a legal manner.
j) Preservation of Woodlands and Trees. The site plan demonstrates judicious effort to
preserve existing woodlands, understory, and individual quality trees to the greatest extent
reasonable.
k) Greenbelts, Landscaping, and Screening. Proposed landscaping complies with the
standards of
§ 6.2: Landscaping, and all other applicable landscaping and screening requirements of the
City. Greenbelts along public street frontage and buffer zones from adjacent zone districts
shall be provided where required. Parking lot landscaping is provided as required in § 6.2:
Landscaping. The amount, type, and minimum size of landscaping shall be identified in a
plant list with appropriate labeling on the landscaping plan.
l) Stormwater Management. Stormwater management is consistent with all federal, state and
City regulations. The development will not substantially reduce the natural retention
storage capacity of any watercourse, increase the potential for flooding, or increase the
stormwater runoff from the site. Provisions are made to accommodate stormwater that
complements the natural drainage patterns and wetlands, prevents erosion and the
formation of dust. On-site storage, sedimentation ponds, or plantings may be required to
reduce stormwater runoff or to filter stormwater so that it is of an acceptable quality when
it returns to the aquifer. Vegetation (preferably vegetation native to Southwest Michigan)
shall be used in the stormwater management system when feasible. Stormwater runoff on
paved areas shall be collected at intervals not obstructing the flow of vehicular or pedestrian
traffic, and will not create standing water or cause unnecessary erosion of soil or other
material. The proposed development shall comply with the regulations of the City of
Kalamazoo's "Performance Standards for Groundwater Protection within Wellhead
Protection Capture Zones and Stormwater Quality Management." [Amended 5-21-2007
by Ord. No. 1826]
m) Soil Erosion Control. The site plan is designed to meet or exceed all soil erosion standards
and regulations of the City.
n) Traffic Impacts and Mitigation. The site plan is designed so the location and design of
driveways are safe in relation to streets giving access to the site and in relation to pedestrian
traffic. Traffic improvements shall be planned to accommodate the needs of the
development proposed in the site plan.
o) Access, Internal Streets, and Circulation. The site plan is designed so safe, convenient and
well defined vehicular circulation is provided within and accessing the site. Access to the
site is designed to minimize conflicts between vehicles and pedestrians, and with traffic
using adjacent streets and driveways. All streets and driveways are in accordance with the
standards of the City. Service drives are provided where needed, and meet requirements of
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Page 745 of 885
City regulations.
p) Nonmotorized Transportation and Circulation. The site plan is designed so safe and
convenient pedestrian and bicycle circulation is provided within and accessing the site,
according to the City's Nonmotorized Transportation Plan, including sidewalks, pathways,
walkways, trails, bicycle routes and paths, sky-walks, and/or other nonmotorized
transportation corridors. In accordance with Section 6.1 M. of this ordinance, bicycle
parking spaces shall be provided on all properties that are subject to the site plan review
process. [Amended 1-3-2011 by Ord. No. 1876]
q) Emergency Vehicle Access. The site plan is designed so adequate access is provided
for
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§ 8.3 § 8.3
emergency vehicles to the site and all buildings or groups of
buildings.
r) Parking and Loading Spaces. The number and dimensions of off-street parking and
loading/ unloading spaces, and the design of parking and loading areas, comply with the
requirements of
§ 6.1: Off-Street Parking and Loading. The site provides barrier free parking and
access in compliance with all applicable federal, state and City regulations.
s) Waste Receptacles. Waste receptacles (e.g., dumpsters, compactors and individual recycle
stations) proposed in the site plan comply with all appropriate City regulations and are
screened pursuant to § 6.3D: Screening of Waste Receptacles.
t) Exterior Lighting. Exterior lighting proposed in the site plan complies with § 6.6:
Operational Performance Standards, and all other applicable City regulations. Exterior
lighting is arranged so it is deflected away from adjacent properties and it does not impede
the vision of traffic along adjacent streets.
u) Signs. Signage proposed in the site plan complies with Chapter 7: Signs, and is generally
complementary with surrounding signage and does not impede adjacent traffic operations.
v) Storage of Potentially Hazardous Materials or Waste. Any uses in the site plan utilizing
storing or handling of hazardous material provides secondary containment facilities and
documentation of compliance with all appropriate state and federal regulations.
w) Utilities. The site plan provides adequate utility services. All new utility distribution lines
(public or private) shall be placed underground, when feasible. Proposed utilities shall be
approved by the City Engineer.
x) Groundwater Protection. The site plan is designed to comply with all applicable federal,
state, and City groundwater protection requirements. The proposed development shall
comply with the regulations of the City of Kalamazoo's "Performance Standards for
Groundwater Protection within Wellhead Protection Capture Zones and Stormwater
Quality Management." [Amended 5-21-2007 by Ord. No. 1826]
y) Phasing. Any phases of development in the site plan are in logical sequence so that any
phase will not depend upon a subsequent phase for adequate access, public utility services,
drainage, or erosion control. The review board may require a phasing plan with each
submittal.
z) Agency Coordination. The applicant has demonstrated the site plan meets the standards of
other government agencies, where applicable.
aa) Site Development Standards. The development proposed in the site plan and its general
layout and design comply with all appropriate standards in Chapter 6: General
Development Standards.
bb) Other Relevant Standards of This Ordinance. The development proposed in the site plan
and its general layout and design comply with all other relevant standards of this
Ordinance, and is consistent with public health, safety, and welfare.
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8. Conditions of Approval. The review body may, in approving the site plan, impose such
conditions on the approval and the premises to be developed or used as is determined are
required to ensure compliance with the standards of this section. Performance guarantees may
be required to ensure completion of site improvements pursuant to § 8.3.H.9: Performance
Guarantees.
9. Performance Guarantees.
a) General. The review body may require a performance guarantee to ensure completion of
the site improvements (excluding building) for the site plan. The performance guarantee
may take the form
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§ 8.3 § 8.3
of a cash deposit, surety bond, certified check, or an irrevocable bank letter of
credit.
b) Determination of Amount, Deposit and Rebate. The amount of the performance guarantee
shall be determined by the City Engineer and the City Planner. The applicant shall deposit
the performance guarantee with the City Treasurer prior to application for a construction
permit. If the required improvements take longer than six months to complete, the City
Planner shall authorize a rebate of any cash deposit in proportion to the amount of work
that has been completed in accordance with the approved sketch plan or final site plan.
10. Record and Transmittal of Site Plan Approval. The grounds for the action taken on each site
plan application shall be recorded in writing by the body taking final action on the site plan
(sketch plan, preliminary site plan or final site plan). A copy of an approved sketch plan or final
site plan shall be transmitted to the applicant, the City Planner, the Community Development
Division, the Engineering Division and Public Safety by the Chairperson of the SPRC within
two weeks of the date of final approval by the review board.
11. Effect of Sketch Plan or Final Site Plan. Approval of a sketch plan or final site plan, whichever
is appropriate, authorizes the development approved, subject to any conditions of approval. A
sketch plan or final site plan, including any conditions, shall run with the land and not be affected
by a change in ownership.
12. Expiration. Approval of a sketch plan or final site plan, whichever is appropriate, shall become
invalid at the end of one year after the date of its issuance if a construction permit for at least
one building in the development proposed in the site plan is not approved. Permitted time frames
do not change with successive owners.
13. Extension. Upon written request, one extension of six months may be granted by the body that
approved the sketch plan or final site plan for good cause shown if a request for an extension is
submitted prior to the expiration of the permit pursuant to § 8.3H.12: Expiration.
14. Engineering Plans, Specifications, and Inspection. Subsequent to sketch plan or final site plan
approval, and before any construction proceeds, complete engineering plans and specifications
for construction of storm sewers and drains, sanitary sewers, water mains, driveways, roads and
parking area improvements, all conforming to City standards, shall be submitted for review and
approval by the City and, when required, by county and state agencies.
15. Modification of Sketch Plan or Final Site Plan During Construction. It shall be the responsibility
of the applicant to notify the City if changes to the sketch plan or final site plan are made during
construction. If they constitute minor deviations, they are subject to review and approval,
approval with conditions or disapproval by the City Planner pursuant to § 8.3H.16: Minor
Deviations. If they constitute amendments, they are subject to review and approval, approval
with conditions or disapproval by the review board pursuant to § 8.3H.17: Amendments.
16. Minor Deviations. Minor deviations from a site plan (sketch plan, preliminary site plan or final
site plan) may be approved by the City Planner. All minor deviations shall comply with the
minimum requirements of this Ordinance. All other modifications shall be considered
amendments and shall be reviewed and approved pursuant to § 8.3H.17: Amendments. Minor
deviations shall consist of:
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a) Minor Variations in Layout. Minor variations in the design layout of the development.
b) Residential Floor Area. An increase or decrease in residential floor area of 5% or less of
the site plan.
c) Nonresidential Floor Area. An increase or decrease in commercial, industrial, institutional,
semi- public, organizational and other nonresidential floor area of 5% or less of the site
plan.
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§ 8.3 § 8.3
d) Finished Grades or Heights of Landscape or Screening Berms. Increases or decreases from the
planned finished grades or heights of landscape or screening berms within two feet.
e) Trees, Shrubs, Ground Cover. Changes in the species, sizes of specimens or spacing of
required trees, shrubs, or the type of ground cover to be used as designated on the site plan.
f) Finished Surface. Changes in the type of finished surface of walks, roads, drives, parking
lots and loading and unloading paved areas.
g) Height. Increases in the height of buildings or structures by less than 10%.
h) Walls, Fencing, or Screening. Increases or decreases of the length or height of walls,
fencing or screening by 20% or less.
i) Accessory Uses. Additions or deletions of permitted accessory uses to the approved
principal uses designated on the site plan.
j) Right-of-Ways and Public or Private Easements. Additions, deletions or relocations of
rights-of- way and public or private easements or adjustments to accommodate essential
services for the proposed development or developments on adjacent properties.
k) Changes Due to Unforeseen Natural or Environmental Conditions or Natural or
Constructed Features. Additions to accommodate changes due to unforeseen natural or
environmental conditions or natural or constructed features e.g. underground water or
geological features, existing structures and improvements and items of historical or other
significance.
17. Amendments. A site plan (sketch plan, preliminary site plan or final site plan) may be amended
only in accordance with the procedures and standards established for its original approval.
18. Property Maintenance.
a) General. It shall be the responsibility of the owner of a property for which a sketch plan or
final site plan has been approved to maintain the property in accordance with the approved
site design on a continuing basis until new zoning regulations supersede the regulations
upon which the approval was based, or until a new site design is approved pursuant to this
section. This maintenance requirement includes healthy landscaping walls, fences,
pavement, pavement markings, signs, building exterior, drainage facilities, and all other
elements of a site. Any property owner who fails to maintain an approved site design shall
be deemed in violation of the use provisions of this Ordinance and shall be subject to the
penalties appropriate for a use violation.
b) Condominium Projects. With respect to condominium projects, the Master Deed shall
contain provisions describing the establishment of a condominium association and the
responsibilities of the condominium association, condominium owners, and public entities,
with regard to maintenance of the property in accordance with the approved sketch plan or
final site plan on a continuing basis. The Master Deed shall further establish the means of
permanent financing for required maintenance and improvement activities that are the
responsibility of the condominium association. Failure to maintain an approved sketch plan
or final site plan shall be deemed a violation of the use provisions of this Ordinance and
shall be subject to the penalties appropriate for a use violation.
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19. Stop Work and Revocation. Work on an approved sketch plan or final site plan may be stopped
or revoked by the review board that approved the site plan if construction or use is not in
conformance with the approved plans. In such case, the site plan shall be placed on the agenda
of the review board for consideration, and written notice shall be sent to the applicant at least
10 days prior to the meeting. If the review board finds that a violation exists and has not been
remedied prior to the meeting, it may direct construction or use on the approved sketch plan or
final site plan to stop until it can be brought
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§ 8.3 § 8.3
into conformance with the approved sketch plan or final site plan. If construction or use continues that
is not in conformance with the approved plan(s), the site plan shall again be placed on the agenda
of the review board for consideration, and written notice shall be sent to the applicant at least
10 days prior to the meeting. If the review board finds that a violation continues to exist and
has not been remedied, the review board shall revoke the sketch plan or final site plan and direct
all construction or use on the approved sketch plan or final site plan to cease.
I. Sign Permit.
1. Purpose. A sign permit shall be required pursuant to the procedures of this section and the
standards of Chapter 7: Signs, to ensure that proposed development complies with the
requirements for signage established by this Ordinance.
2. Applicability. A sign permit shall be approved for all signs, except those signs exempted
pursuant to
§ 7.2: Exemptions.
3. Procedure.
a) Initiation, Application and Contents, Fees and Submission. The procedures for initiation of
an application for a sign permit, the application contents, fees, application submission and
sufficiency determination shall comply with those relevant provisions in § 8.1: General
Provisions.
b) Action by Zoning Inspector. After the application is determined sufficient, the Zoning
Inspector shall review the application and determine whether the application complies with
the standards in Chapter 7: Signs.
c) Approval. If the Zoning Inspector finds that the application complies with the standards in
Chapter 7: Signs, the Zoning Inspector shall approve the sign permit.
d) Fails to Comply.
1) If the Zoning Inspector determines the application fails to comply with the
requirements of Chapter 7: Signs, the applicant shall be provided comments
explaining why the application fails to comply with the review requirements, and an
opportunity to submit a revised application. A revised application shall be reviewed
by the Zoning Inspector within a reasonable time after its resubmittal and approved,
approved with conditions or disapproved, based on the standards in Chapter 7: Signs.
2) If the application is not resubmitted within 30 days, the application shall be considered
withdrawn.
4. Effect of Sign Permit. Issuance of a sign permit shall authorize only the particular signage
approved in the sign permit. A sign permit, including any conditions, shall run with the land and
not be affected by a change in ownership.
5. Expiration. A sign permit shall expire at the end of one year after the date of its initial approval
if the sign(s) are not constructed.
6. Extension. Upon written request, one six-month extension of the sign permit may be granted by
the Zoning Inspector for good cause shown.
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7. Amendment. A sign permit may be amended, extended or modified only in accordance with the
procedures and standards established for its original approval.
8. Violations. Sign violations shall be treated as violations of this Ordinance and the Building
Code.
J. Temporary Use Permit.
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§ 8.3 § 8.3
1. Applicability. The provisions of this section shall apply to all proposed temporary uses as set forth in
§ 4.3: Accessory and Temporary Uses and Structures, unless otherwise specifically exempted.
2. Procedure.
a) Initiation, Submission and Review of Application. The procedures for initiation of an
application for a temporary use permit, the application contents, fees, application
submission, sufficiency determination and review of the application by City staff shall
comply with those relevant provisions in § 8.1: General Provisions.
b) Action by City Planner. Within 30 days after the application is determined sufficient, the
City Planner shall review the application and approve, approve with conditions or
disapprove the application for temporary use permit based on the relevant standards in §
4.3 Accessory and Temporary Uses and Structures.
3. Standards. A temporary use permit shall be approved upon a finding that the temporary use, as
proposed, complies with the relevant standards in § 4.3: Accessory and Temporary Uses and
Structures.
4. Permit Issued. All approved applications shall be issued a temporary use permit authorizing the
establishment of the approved temporary use. The temporary use permit shall be subject to the
time limits and expiration provisions set forth in § 4.3: Accessory and Temporary Uses and
Structures.
5. When Effective. A temporary use permit shall be effective beginning on the date of approval.
6. Expiration. All temporary use permits shall expire within six months.
7. Extension. Upon written request, one six-month extension may be granted by the City Planner
for good cause shown.
8. Amendment. A temporary use permit may be amended, extended or modified only in
accordance with the procedures and standards established for its original approval.
K. Approval of Zoning Compliance.
1. Purpose. An approval of zoning compliance shall be required in accordance with the provisions
of this section in order to ensure that proposed development complies with the standards of this
Ordinance, and to otherwise protect the public health, safety, and welfare of the citizens of the
City.
2. Applicability. An approval of zoning compliance shall be required prior to approval of all
construction permits that require zoning compliance.
3. Procedure.
a) Receipt of Construction Permit Application From Building Official. Where appropriate,
after receipt of an application for a construction permit, the Building Official shall forward
the construction permit application to the Zoning Inspector for review pursuant to the
procedures and standards of this section.
b) Action by Zoning Inspector. After receipt of a construction permit application from the
Building Official, the Zoning Inspector shall review the application and approve or
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disapprove the application based on the standards in § 8.3K.4: Standards. If the application
is approved, an approval of zoning compliance shall be issued.
4. Standards. An approval of zoning compliance shall be approved upon a finding the application
complies with all relevant standards of this Ordinance.
5. Effect of Approval of Zoning Compliance. Issuance of an approval of zoning compliance
shall mean
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§ 8.3 § 8.3
that the proposed development is in compliance with the procedures and standards of this
Ordinance.
6. Expiration. Receipt of an approval of zoning compliance shall expire at the end of six months
after the date of its initial approval if an application for a construction permit has not been
approved.
7. Amendment. An approval of zoning compliance may be amended, extended or modified only
in accordance with the procedures and standards established for its original approval.
L. Interpretations.
1. Authority. Interpretations to this Ordinance shall be made by the City Planner, including:
interpretations of the text of this Ordinance; interpretations of the zone district boundaries; and
interpretations of whether an unspecified use falls within a use classification or use group
allowed in a zone district.
2. Initiation. A written interpretation may be requested by the City Commission, the Planning
Commission, or any resident, landowner or person having a contractual interest in land in the
City.
3. Procedure.
a) Submission of Request for Interpretation. Before a written interpretation shall be provided
by the City Planner, a request for interpretation shall be submitted to the City Planner in
writing in a form established by the City Planner and made available to the public.
b) Determination of Sufficiency. Within seven days after a request for interpretation has been
submitted, the City Planner shall determine whether it is sufficient.
1) If the City Planner determines that the request is not sufficient, a notice shall be
provided to the applicant specifying the deficiencies. The City Planner shall take no
further action on the request for interpretation until the deficiencies are remedied. If
the applicant fails to respond to the deficiencies within 30 days, the request for
interpretation shall be considered withdrawn.
2) When the request for interpretation is determined sufficient, the City Planner shall
review the request and render an interpretation pursuant to the procedures and
standards of this section.
c) Rendering of Interpretation. Within 30 days after the request for interpretation has been
determined sufficient, the City Planner shall review and evaluate the request in light of the
Comprehensive Plan, this Ordinance, the Zone District Map, and other relevant codes and
statutes, consult with the City Attorney or other effected City staff, and then render an
interpretation.
d) Form. The interpretation shall be in writing and sent to the applicant by mail within seven
days after the interpretation is made by the City Planner.
4. Appeal. Any person aggrieved by a written interpretation from the City Planner may appeal the
interpretation to the Zoning Board of Appeals pursuant to § 8.3F: Appeals of Administrative
Decisions, by filing a written appeal of the administrative decision/determination with the City
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Planner pursuant to
§ 8.3F.2a.
M. Beneficial Use Determination.
1. General. If after the submission and decision on the appropriate applications for development
approval or permits for a plan for the development of land a landowner in the City is of the
opinion that all reasonable economically beneficial use of that landowner's land has been denied
by the application of this Ordinance, then the procedures of this section shall be used prior to
seeking relief from the courts in order that any denial of economically beneficial use of land
may be remedied through a nonjudicial forum.
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§ 8.3 § 8.3
2. Purpose. The purpose and intent of the City Commission is that every landowner in the City enjoys all
reasonable economically beneficial use of land. It is also the purpose and intent of this section to
provide for relief to the landowner, where appropriate, from the application of this Ordinance.
The procedures set forth in this section are intended to permit landowners who believe they have
been deprived of all reasonable economically beneficial use of their land to apply to the City
Commission for relief sufficient to provide an economically beneficial use of the land.
3. Procedure.
a) Application for an Appeal for Beneficial Use Determination. An appeal for a beneficial use
determination may be filed by a landowner at any time with the City Planner, along with
an application fee established pursuant to § 8.1E: Fees.
Beneficial Use Determination
b) Contents of Application. The application shall be submitted in a form established by

the City Planner and made available to the public, and shall include the following:
1) The landowner's name and address.
2) A legal description and the street address (when a street address is available) of the
land.
3) Documentation of the date of purchase and the purchase price of the land, and any
offers to purchase the land made by any person, corporation, or association, within
the last three years.
4) A description of the physical features present on the land, the land's total acreage, the
present use of the land, and the use of the land at the time of the adoption of this
Ordinance.
5) Evidence of any investments made by the landowner to improve the land, the
date the improvements were made, and the costs of the improvements.
6) A description of what uses of land were available when the land was purchased
by the landowner.
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7) A description of the regulations and uses permitted that are alleged to result in an
elimination of economically beneficial use of the land.
8) All appraisals, studies, and any other supporting evidence, and any actions taken by
the City related to the land.
9) A description of the use that the landowner believes represents the minimum legally
required economically beneficial use of the land and all documentation, studies, and
other supporting
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§ 8.3 § 8.3
evidence for such
opinion.
c) Determination of Sufficiency. The City Planner shall determine if the application is

sufficient and includes data in sufficient detail to evaluate the application to determine if it
complies with the appropriate substantive requirements of this section.
1) If the City Planner determines the application is not sufficient, a written notice shall be
mailed to the applicant specifying the application's deficiencies. No further action
shall be taken on the application until the deficiencies are remedied. If the applicant
fails to correct the deficiencies within 30 days, the application shall be considered
withdrawn, and the application fee shall be refunded.
2) When the application is determined sufficient, the City Planner shall notify the
applicant, in writing, of the application's sufficiency, and forward the application to
the Hearing Officer for the scheduling of a hearing.
d) Establishment of Date for Hearing by Hearing Officer and Notice. Within 30 calendar days
of the date that the application has been determined sufficient by the City Planner, the
Hearing Officer shall schedule a hearing on the appeal for beneficial use determination.
The City Planner shall provide the applicant and all landowners within 300 feet of the land
subject to the appeal for beneficial use determination at least 15 days notice of the hearing
by regular mail.
e) Hearing by Hearing Officer. At the hearing, the applicant or the applicant's representative
shall present the applicant's case and the City Attorney shall represent the City. All
evidence presented shall be under oath, and the parties involved shall be permitted to cross-
examine witnesses. The sworn testimony and evidence shall pertain to the standards set
forth in § 8.3M.4: Beneficial Use Standards, as to whether the applicant has been deprived
of an economically beneficial use of the land and the standards in § 8.3M.5: Granting of
Relief, pertaining to the degree of relief needed to provide the landowner with an
economically beneficial use of the land.
f) Findings of the Hearing Officer. Within 30 days of the close of the hearing, the Hearing
Officer shall prepare recommended findings of fact and a proposed order for the
consideration of the City Commission. The findings and recommendations of the Hearing
Officer as to whether the land is provided economically beneficial use shall be based on
the evidence submitted and the standards in § 8.3M.4: Beneficial Use Standards. If the
Hearing Officer finds that the applicant has been denied economically beneficial use of the
subject land, then the Hearing Officer shall recommend a use that permits an economically
beneficial use and results in a minimum change from the regulations of this Ordinance as
they apply to the subject land, pursuant to the standards set forth in § 8.3M.4: Beneficial
Use Standards, and § 8.3M.5: Granting of Relief, or other relief as is determined
appropriate. The Hearing Officer's recommended findings of facts and proposed order shall
be in writing and shall detail the basis of the conclusions from the record of the hearing.
g) Action by City Commission. The City Planner shall schedule a hearing before the City
Commission within 30 days of the date the Hearing Officer issues the recommended
findings of fact and proposed order. The City Planner shall provide the applicant and all
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landowners within 300 feet of the land subject to the appeal for beneficial use determination
at least 15 days notice of the hearing by mail. At the hearing, the City Commission shall
approve the findings of fact and proposed order of the Hearing Officer, or may attach
conditions, modify, or reverse the findings of fact or proposed order of the Hearing Officer,
based on the standards of § 8.3M.4: Beneficial Use Standards, and § 8.3M.5: Granting of
Relief. If the City Commission attaches conditions, modifies or reverses the findings of fact
or proposed order, it shall do so only where the record of the hearing indicates that the
Hearing Officer is unsupported by the record, or that the proposed order is not in
conformance with the standards of § 8.3M.4: Beneficial Use Standards, and § 8.3M.5:
Granting of Relief.
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§ 8.3 § 8.3
4. Beneficial Use Standards. In determining if a landowner has been deprived of an economically
beneficial use of land, the Hearing Officer and City Commission shall take into account the
following factors:
a) Economically Viable Use. In making the determination of whether the land is provided an
economically beneficial use, the Hearing Officer/City Commission shall first evaluate the
uses of the land as provided by this Ordinance and the uses of land in relation to the uses
provided similarly situated lands. For the purposes of this section, economically beneficial
use means the opportunity to make a return equivalent to that which would have been
received from a conservative financial investment. Transitory economic issues shall not be
relevant to this determination.
b) Diminution in Value. The market value of the land, as established by the comparable sales
approach, prior to adoption of this Ordinance, which caused the landowner to apply for
relief shall be compared to the market value of the land, as established by the comparable
sales approach, with the regulations as applied. Market value of the land prior to the
adoption of this Ordinance shall constitute its highest and best use on (one day prior to the
effective of this Ordinance, as amended) or the date of purchase of the land, whichever is
later, and any other land value/appraisal information that the applicant would like to be
considered. All appraisals shall be proposed by qualified licensed appraisers, and shall
follow the best professional practices as established by the profession. A mere diminution
in market value is not sufficient to support a determination of denial of economically
beneficial use.
c) External Costs.
1) The amount or nature of any subsidy that may be required by the City, neighbors,
purchasers, tenants, or the public-at-large if the uses allowed under this Ordinance are
modified; or
2) Any other adverse effects on the City and its residents.
d) Current State of the Law. The state of the law established by the United States Supreme
Court, the federal Circuit Courts of Appeals, and the Michigan Supreme Court, relevant to
these standards.
5. Granting of Relief.
a) Relief. If the finding is that a landowner has been deprived economically beneficial use of
land, or is otherwise entitled to relief pursuant to the standards of this section, relief shall
be granted.
b) General. In granting relief, the Hearing Officer may recommend and the City Commission
may adopt any legally available incentive or measure reasonably necessary to offset any
substantial economic hardship, and may condition such incentives upon approval of
specific development plans. If there is a finding that the denial of the application would
create a substantial economic hardship, the Hearing Officer may recommend and the City
Commission may consider additional relief to provide an appropriate increase in market
value or other benefit or return to the applicant sufficient to offset the substantial economic
hardship. The types of incentives that the Hearing Officer may recommend and the City
Commission may consider includes, but are not limited to, the following:
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1) An amendment of the Zone District Map (rezoning of property) to a more appropriate
classification, issuance of a variance, approval of a site plan, or other appropriate land
use regulatory action that will enable the applicant to realize a reasonable return on
the property;
2) An opportunity to transfer density or cluster development on other property;
3) A waiver of permit fees;
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§ 8.3 § 8.3
4) Development finance assistance;
5) Approval of development on some portion of the
property; or
6) Acquisition of all or a portion of the property at market
value.
c) Minimum Increase. In granting relief, the landowner shall be given the minimum increase
in use density/intensity or other possible concessions from this Ordinance in order to permit
an economically viable use of the land or a use that is determined to be required by law.
The highest use, or even an average or generally reasonable expectation, is not required or
intended as the appropriate remedy. The following guidelines shall be used for determining
the minimum economically beneficial use of land and, therefore, the amount of relief to be
granted a landowner in order to reach that minimum.
1) A minimum economically beneficial use of the land should be one that does not have
any governmental subsidy attached to the long term safe occupation of the land. If such
a subsidy is needed, then that should be reflected by lowering the use intensity that is
considered a minimum economically viable use on a market valuation basis.
2) A use common to the City, although it may not involve further development of the
land, is considered an economically viable use. Attention shall also be given to land
uses that are considered to be the lowest intensity in the City but which uses still
provide for occupation and living within the City. These land uses, as well, shall be
considered economically viable uses.
3) The actual condition of the land shall be considered. The reality of limited
development potential, given the natural condition of the land, shall not be attributed
to the regulations applied to the land. If the land is such that it cannot safely
accommodate development with normal grading and clearing practices, this fact shall
lower the intensity of use that is considered a minimum economically viable use.
4) The potential for damages to either residents or land shall be assessed in determining
economically viable use. The need for a governmental subsidy to future landowners
shall be considered, and the cost of such subsidies shall be deducted from the
otherwise established minimum economically viable use.
5) Expectations shall, in general, not be considered. Only reasonable expectations
backed by investments as required by the current state of the law, shall be considered.
6) The current state of law established by the United States Supreme Court, the federal
Circuit Court of Appeals, and the Michigan Supreme Court, relevant to the granting
of relief.
6. Appeal. The decision of the City Commission may be appealed to a court of law.
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§ 9.1 § 9.2
CHAPTER 9
Nonconformitie
s
§ 9.1. General.
A. Purpose and Scope. It is the purpose of this Ordinance to establish regulations governing uses,
structures, signs and lots that were lawfully established prior to this Ordinance but do not conform to
one or more existing requirements of this Ordinance. The intent of this Ordinance is to regulate and
limit these nonconformities until they are removed.
B. Authority to Continue. Nonconforming uses, structures, signs and lots that legally existed on October
18, 2005, or that become nonconforming upon the adoption of any amendment to this Ordinance may
be continued only in accordance with the provisions of this chapter. Unless otherwise expressly
stated, any variation from these standards shall require review and approval of a variance, in
accordance with the procedures and standards of § 8.3E: Variances.
C. Determination of Nonconformity Status. The burden of establishing that any nonconformity is a legal
nonconformity shall in all cases be upon the owner of the nonconformity.
D. Repairs and Maintenance. Incidental repairs and normal maintenance of nonconformities shall be
permitted unless such repairs increase the extent of nonconformity or are otherwise expressly
prohibited by this Ordinance. Nothing in this chapter 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.
E. Change of Tenancy or Ownership. The status of nonconformity is not affected by changes of tenancy,
ownership or management.
§ 9.2. Nonconforming Uses.

Nonconforming uses are those uses that were legally established but no longer comply with the use
regulations of the zone district in which they are located.
A. Enlargement or Expansion. A nonconforming use shall not be enlarged or expanded in area, except
that a nonconforming use may be enlarged in any area of the same structure that was manifestly
designed for such use prior to the date the use became a nonconformity. The structure shall not be
physically enlarged to accommodate a nonconforming use.
B. Relocation. A nonconforming use shall not be moved in whole, or in part, to another location on the
parcel of land on which it is located, unless the relocation of the nonconforming use decreases the
nonconformity.
C. Damage and Restoration of Structure Containing a Nonconforming Use. If a conforming structure
containing a nonconforming use is damaged by any means to the extent of more than 50% of its
actual cash value at the time damage occurs as determined by the City Assessor, the nonconforming
use shall not be reestablished except in compliance with all regulations applicable to the zone district
in which it is located. Any conforming structure that is damaged by any means to a lesser extent may
continue the nonconforming use if it is reconstructed and used as before within one year of the
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damage.
D. Change to Conforming Use. A nonconforming use may be changed to any use that is permitted in
the zone district in which it is located, subject to the standards and requirements applicable to the
new use.
E. Conversion of Conforming Use. Once a nonconforming use is converted to a conforming use it may
not be changed back to a nonconforming use.
F. Change to Other Nonconforming Use. A nonconforming use may be changed to another
nonconforming use only if reviewed and approved by the Zoning Board of Appeals. The Zoning
Board of Appeals may approve such change of nonconforming use only if it determines that the
new nonconforming use will not be more
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§ 9.2 § 9.3
injurious to the surrounding area than the previous nonconforming use. If a change in use is approved, the
Zoning Board of Appeals shall be authorized to impose conditions it deems necessary to reduce or
minimize any potentially adverse effect upon other property in the neighborhood, and to carry out
the general purpose and intent of this Ordinance. Any condition imposed shall relate to a situation
created or aggravated by the proposed use and must be roughly proportional to its impact.
G. Loss of Nonconforming Status.
1. Abandonment. Once abandoned, a nonconforming use shall not be reestablished or resumed.
Any subsequent use or occupancy of the structure or open land must comply with the regulations
of the zone district in which it is located and all other applicable requirements of this Ordinance.
2. Evidence of Abandonment. A nonconforming use shall be presumed abandoned and its rights
as a nonconforming use extinguished when any one of the following has occurred:
a) Intent to abandon. The owner has in writing or by public statement indicated intent to
abandon the use.
b) Conforming use. A conforming use has replaced the nonconforming use.
c) Building or structure removed. The building or structure housing the nonconforming use
has been removed.
d) Building or equipment change indicates change in use. The owner has physically changed
the building or structure or its permanent equipment in a manner that clearly indicates a
change in use or activity to something other than the nonconforming use.
e) Use discontinued or inactive for one year. The use has been discontinued, vacant or inactive
for a continuous period of at least one year, regardless of ownership.
3. Overcoming Presumption of Abandonment. A presumption of abandonment based on the
evidence of abandonment stated in § 9.2G.2: Evidence of Abandonment, may be rebutted upon
a showing that the owner:
a) Conforms with relevant regulations. Has been maintaining the land and structure in
accordance with all applicable regulations, including the Building Code, and did not intend
to discontinue the use.
b) No intent of abandonment. Has been engaged in other activities that would affirmatively
prove there was not intent to abandon.
c) Licenses. Has been maintaining all applicable licenses.
d) Tax documents. Has filed all applicable tax documents.
§ 9.3. Nonconforming Structures.

Nonconforming structures are those structures that were legally established but no longer comply with the
intensity and dimensional standards of the zone district in which they are located.
A. Use. A nonconforming structure may be used for any use allowed in the underlying zone district,
subject to all applicable use standards.
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B. Expansion. A nonconforming structure may be enlarged or expanded only if the expansion does not
increase the extent of nonconformity.
C. Moving. A nonconforming structure may be moved if the movement or relocation
eliminates the
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§ 9.3 § 9.4
nonconformity.
D. Loss of Nonconforming Status; Damage or
Destruction.
1. Principal Structures. Except for single-family dwellings existing on October 18, 2005, any
nonconforming principal structure that is destroyed by any means to the extent of more than
50% of its actual cash value at the time damage occurs as determined by the City Assessor, shall
not be reestablished except in compliance with all regulations applicable to the zone district in
which it is located. Any nonconforming structure that is damaged to a lesser extent may continue
if repairs or reconstruction is undertaken within one year of the date of the partial destruction
and diligently carried on to its completion.
2. Accessory Structures. Except for an accessory structure to a single-family dwelling existing on
October 18, 2005, no nonconforming structure that is accessory to a principal structure shall
continue after such accessory structure has been destroyed by more than 50% of its actual cash
value at the time damage occurs as determined by the City Assessor, unless the accessory
structure complies with all applicable regulations of this Ordinance. In the RD zones,
nonconforming residential dwellings containing two units can be rebuilt, regardless of the extent
of the damage, if: a) the rebuilding does not increase the nonconformity, and b) if any of the
units are renter-occupied, a valid Certificate of Compliance issued by the City was in effect at
the time of the damage. If these two conditions are not met, the dwelling can only be rebuilt in
compliance with all regulations applicable to the zone district. In the RM zones, nonconforming
residential dwellings containing two to four units can be rebuilt, regardless of the extent of the
damage, if: a) the rebuilding does not increase the nonconformity, and b) if any of the units are
renter-occupied, a valid Certificate of Compliance issued by the City was in effect at the time
of the damage. If these two conditions are not met, the dwelling can only be rebuilt in
compliance with all regulations applicable to the zone district. Any nonconforming accessory
structure that is damaged to a lesser extent may continue if repairs or reconstruction is
undertaken within one year of the date of the partial destruction and diligently carried on to its
completion. [Amended 3-19-2007 by Ord. No. 1822]
§ 9.4. Nonconforming Lots. [Amended 3-19-2007 by Ord. No. 1822]

Nonconforming lots are those lots that 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.
A. Vacant Lots. If the nonconforming lot was vacant at the time it became legally nonconforming, it may
be used for any use allowed in the underlying zone district. If one or more uses or intensities would
comply with applicable setback requirements of the underlying zone district while others would not,
then only the uses or intensities that would conform to applicable setback requirements shall be
permitted. Development on nonconforming lots shall comply with the dimensional standards of the
underlying zone district, except as expressly stated in this section.
B. Developed Lots. If the nonconforming lot contained a building or structure at the time it became
nonconforming, then the building or structure may be maintained or expanded in accordance with
the standards of § 9.3: Nonconforming Structures.
C. Nonconformities Created by Government Action.
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1. General Provision. 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 of such acquisition is to create a nonconformity with the minimum setback, lot
width, lot area, parking requirements, or any other requirement of this Ordinance, any existing
lot, building, or structure rendered nonconforming by such action shall thereafter be permitted
to be altered, enlarged, or rebuilt as set forth in Subsection 2 below. This provision shall apply
regardless of whether the additional right- of-way was acquired through the exercise of eminent
domain powers, or by transfer under the threat of
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§ § 9.5
9.4 eminent domain
proceedings.
2. Limitations. Any alteration, enlargement, or rebuilding of a lot, building, or structure affected

by government action as described in Subsection 1 above, shall be limited to actions that do not
increase its nonconformity. As an example, a structure would be permitted to be altered,
enlarged, or rebuilt provided that such action would not further reduce the setback distance to
the front property line or further reduce the number of permissible parking spaces. In addition,
any alteration, enlargement, or rebuilding shall comply with the following provisions.
a) Damages minimized. If the condemnation action has not been decided by a court of law,
the amount of severance and business damages resulting from the eminent domain
proceedings are substantial, and the loss of business damages would be minimized by a
determination for conformity;
b) Site plan. A site plan can be designed for the land that is consistent with the use
requirements of this Ordinance, and minimizes to the greatest degree practicable any
nonconformities of parking, loading, landscaping, lot size, and yard requirements; and
c) Nonconformities minimized. The structure or lot can function adequately for its designated
land use pursuant to a proposed site plan that minimizes nonconformities while ensuring
compatibility.
§ 9.5. Nonconforming Signs.

A nonconforming sign is a sign that exceeds the surface and/or height limitations of Chapter 7: Signs, is a
type of sign that is not permitted, or is placed in a location that is not permitted by this Ordinance.
A. Continuation of Nonconforming Signs. A nonconforming sign shall not:
1. Be changed to another nonconforming sign.
2. Be structurally altered or changed in shape, size, location or design, except to bring the sign into
complete conformity with this Ordinance.
3. Have any change made in the words or symbols used or the message displayed on the sign.
4. Be structurally altered so as to prolong the life of the sign or change the shape, size, type or
design of the sign.
5. Be re-established after the business, service, or activity to which it relates is discontinued for 30
days or longer (and the nonconforming sign and all supporting structures shall be removed).
6. Be re-established after damage caused by accident, natural causes, or vandalism, if the damage
is in excess of 50% of its actual cash value at the time damage occurs as determined by the City
Assessor.
B. Normal Maintenance of Nonconforming Signs. Subject to the other provisions of this section,
nonconforming signs may have normal maintenance performed.
C. Change to Face of Nonconforming Sign. The owner of a nonconforming sign may change the face
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of a nonconforming sign if the owner enters into an agreement with the City that complies with the
following requirements. For the purposes of this subsection, the "face of a nonconforming sign" is
defined as the area of the sign that displays the name, identification, description, illustration, business
or solicitation (it does not include any portion of the structural support of the sign or changeable copy
area):
1. Removal of sign within five years. That states that in exchange for the opportunity to change the
face of the sign, the entire nonconforming sign, which includes the face and structure, shall be
removed within five years of entering into the agreement.
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§ 9.5 § 9.6
2. Owner(s) pay for removal. The owner of the sign and/or the owner of the land on which the sign is
located will pay for removal of the sign.
3. No variance. The owner of the sign and the owner of the land on which the sign is located waives
the right to request a variance from the Zoning Board of Appeals so that the sign can remain after
five years.
4. Agreement runs with land. The agreement shall run with the land and become binding on any
subsequent owners of the sign or owners of the land on which the sign is located.
5. Future sign comply with this Ordinance Any future sign constructed to replace the sign (if it is
appropriate), shall comply with the requirements of Chapter 7: Signs
6. Recording. The agreement shall be recorded with the Register of Deeds by the owner of the sign
within 30 days of the execution of the agreement, or the agreement shall be null and void.
7. Lien. A lien in the amount of 150% of the estimated cost of removing the sign shall be placed
against the land on which the sign is located and any structure on the land on which the sign is
located five years from the date of the execution of the agreement, and shall remain effective
until the sign is removed.
§ 9.6. Elimination of Nonconforming Use by City.

Pursuant to Public Act 207 of 1921 (MCLA § 125.583a, as amended), the City Commission may, from to
time, acquire properties on which nonconforming uses or structures are located, by condemnation or
otherwise, and may remove such uses or structures and lease or sell the property for a conforming use or
develop it for a public use, other than public housing. The net cost of such acquisition may be assessed
against a benefit district or may be paid from other sources of revenue.

Page 774 of 885
A:

Page 775 of 885

Page 776 of 885
§ 10.1 § 10.2
CHAPTER 10
Violations, Penalties and
Enforcement
§ 10.1. Enforcement.
A. City Planner Enforces Ordinance. In accordance with Section 125 of the Michigan City and Village
Zoning Act, Pub. Act 207 of 1921,22 the City Planner shall be responsible for enforcing any provision
of this Ordinance:
1. Through the issuance either of a municipal civil infraction violation notice or of a
municipal civil infraction citation; or
2. Through the institution of appropriate legal action to prevent, restrain, correct, enjoin or
abate any violation of the provisions of this Ordinance; or
3. Through legal action to abate a public or private nuisance.
B. On-Site Inspections Authorized. In any municipal civil infraction action, or any action or proceeding
in equity for the violation of any provision of this Ordinance, the City Planner shall have the authority
to conduct an on-site inspection of the land where such violation is alleged to have occurred.
§ 10.2. Violations.
A. Violation Deemed a Public Nuisance. Any violation of this Ordinance shall be deemed a public
nuisance.
B. Violation Deemed a Municipal Civil Infraction. Any violation of this Ordinance and/or the terms and
conditions of this Ordinance is deemed a municipal infraction, and proceedings shall be instituted
pursuant to Chapter 1, § 1-7 of the Code of Ordinances of the City of Kalamazoo.
C. Proceeding in Equity. The City of Kalamazoo may institute an appropriate legal action or court
proceeding to prevent, restrain, correct, or abate any violation of the provisions of this Ordinance.
D. Parking, Storage, Placing Vehicle on Land or Premises. In any municipal civil infraction action, or
any action or proceeding in equity for the violation of any provision of this Ordinance that concerns
the parking, storing, or placing of a motor vehicle upon land or premises, the registration plate attached
to such motor vehicle shall constitute prima facie evidence that the owner of such motor vehicle was
the person who parked, stored, or placed such motor vehicle upon the land of the premises where
such violation is alleged to have occurred.
E. Permits and Approvals. In this chapter 10, any reference to a requirement of this Ordinance, or with
any permit, approval, or authorization of a type referenced in this Ordinance, shall include, but shall
not be limited to, any requirement, condition, or limitation contained in a site plan, Institutional
Master Plan, PUD Plan or any other form of plan approved pursuant to this Ordinance.
F. Types of Violations. Any of the following shall be a violation of this Ordinance and shall be subject
to the remedies and penalties provided for in this Ordinance.
1. Development without permit or approval. To engage in any development, construction,
remodeling, alteration, placement of signs, or other activity of any nature upon land that is
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subject to this Ordinance without all of the approvals required by this Ordinance.
2. Development, use or sign inconsistent with permit or approval. To engage in any development,
use, construction, remodeling, or other activity of any nature in any way inconsistent with the
terms and conditions of any permit, approved site plan, approval, certificate, or other form
of authorization
22. Editor's Note: See MCLA § 125.581 et seq. The City and Village Zoning Act was repealed by
PA 2006, No. 110, effective 7-1-2006. See now MCLA § 125.3701 et seq.
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§ § 10.3
10.2 required in order to engage in such
activity.
3. Development, use or sign inconsistent with conditions. To violate, by act or omission, any term,
condition, or qualification placed upon any permit, approval, or other form of authorization.
4. Violating dimensional requirements. To reduce or diminish any lot area so that the lot size,
setbacks or open spaces shall be smaller than prescribed by this Ordinance or to increase the
height or bulk of any building or structure in violation of the requirements of this Ordinance.
5. Increasing intensity or density of use. To increase the intensity or density of use of any land or
structure, except in accordance with the procedural requirements and substantive standards of
this Ordinance.
6. Removing or defacing required notice. To remove, deface, obscure or otherwise interfere with
any notice required by this Ordinance.
7. Failure to remove signs. To fail to remove any sign installed, created, erected or maintained in
violation of this Ordinance, or for which the sign permit has lapsed.
8. Obtaining permit or approval in a fraudulent manner. To obtain any permit, approval, certificate,
or other form of authorization required by this Ordinance in a fraudulent manner.
9. All other violations. To establish or operate other activities, structures or land uses in violation
of any specific provisions, or the general purpose and intent of this Ordinance.
G. Violations of Adult Regulated Use Regulations by Employee. Notwithstanding anything to the
contrary, for the purposes of this Ordinance, an act by an employee shall be imputed to the adult
regulated use for the purpose of establishing a violation of this Ordinance only if an employee or
operator of the adult regulated use knowingly allowed a violation of this Ordinance to occur. It shall
be a defense to liability that the employee or operator was powerless to prevent the violation.
H. Continuing Violations. Each day that a violation remains uncorrected after receiving notice of the
violation from the City shall constitute a separate violation of this Ordinance. The imposition of a fine
or penalty under this chapter shall not be construed to excuse or to permit the continuation of any
violation.
I. Remedies Cumulative. The remedies and enforcement powers established in this chapter shall be
cumulative, and the City may exercise them in any order.
§ 10.3. Penalties.
A. General. Any person, corporation, firm or partnership, or anyone acting on behalf of any person,
corporation, firm or partnership, who admits responsibility or is found to be responsible through a
municipal civil infraction determination for violation of any provision of this Ordinance shall be fined
up to $500 for each day of the violation pursuant to § 10.2H: Continuing Violations.
B. Repeat Offenses. Each time a violation of this Ordinance occurs and a citation is issued by the City
and resolved pursuant to this chapter 10, but the same violation occurs on the same property within
six months after the prior citation, the amount of the daily fine for such violation shall double. For
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example, if a violation of this Ordinance occurs and is resolved, but a second citation is issued for
the same offense on the same property within six months after the date of the first citation, the fine
shall be $1,000 for each day of the violation. If the second violation is resolved, but a third citation
is issued for the same offense on the same property within six months after the second citation, the
fine shall be $2,000 per day of the violation.
C. Civil Fines. In the case of a firm or a partnership, the civil fine may be imposed upon the partners or
members. In the case of a corporation, the civil fine may be imposed upon the officers of the
corporation.
D. Lien. The City may impose a lien on property of any person, corporation, firm or partnership, or
other entity
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§ 10.3 § 10.4
upon whom a municipal civil infraction is imposed pursuant to the chapter to recover the amount
of any unpaid civil infraction.
E. Additional Penalties for Violation of Adult Use Provisions. Any person, business, or entity violating
or refusing to comply with any provisions of § 4.2B: Adult Regulated Uses, shall, upon conviction
in a court of competent jurisdiction, be deemed guilty of a misdemeanor and shall be punished by
imposition of a fine not to exceed $500 or by imprisonment for a period not to exceed 90 days, or
both. Any premises, building, dwelling, or other structure in which an adult regulated use is
repeatedly operated or maintained in violation of the provisions of this Ordinance shall constitute a
public nuisance and shall be subject to civil abatement proceedings initiated by the City in a court of
competent jurisdiction.
§ 10.4. Remedies and Enforcement Powers.

The City shall also have the following remedies and enforcement powers:
A. Withhold Permit.
1. Uncorrected violation or condition or qualification of a permit, approval, certificate, or other
authorization. The City may deny or withhold any and all permits, approvals, certificates, or other
forms of authorization from an applicant on any land or structure or improvements when there
is an uncorrected violation of a provision of this Ordinance or of a condition or qualification of
a permit, approval, certificate, or other authorization previously granted by the City. This
enforcement provision shall apply regardless of whether the current owner or applicant is
responsible for the violation in question.
2. Persons who own, develop or otherwise cause an unauthorized violation. The City may deny or
withhold all permits, approvals, certificates or other forms of authorization on any land or
structure or improvements owned or being developed by a person who owns, developed, or
otherwise caused an uncorrected violation of a provision of this Ordinance or of a condition or
qualification of a permit, approval, certificate, or other authorization previously granted by the
City. This provision shall apply regardless of whether the property for which the permit or other
approval is sought is the property in violation.
B. Permits Approved with Conditions. In addition to withholding or denying a permit or other
authorization, the City may grant such permit or other authorization subject to the condition that the
violation be corrected.
C. Revoke Permits. Any development permit or other form of authorization required under this
Ordinance may be revoked pursuant to § 10.6: Revocation, when the City determines that (1) there
is departure from the plans, specifications, or conditions as required under terms of the permit; (2)
that the development permit was procured by false representation or was issued in error; or (3) that
any of the provisions of this Ordinance are being violated. Any permit or other authorization revoked
under this procedure shall become null and void.
D. Stop Work. With or without revoking permits, the City may stop work on any building or structure
on any land on which there is an uncorrected violation of a provision of this Ordinance or of a permit
or other form of authorization issued, in accordance with its power to stop work under this Ordinance
and the City building codes.
E. Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any
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§ 10.3 § 10.4
violation of this Ordinance or of a permit, approval, certificate or other form of authorization granted
by this chapter.
F. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or
other action or proceeding to abate or remove a violation or to otherwise restore the premises in
question to the condition in which they existed prior to the violation.
G. Other Remedies. The City shall have such other remedies as are and as may be from time to time
provided by
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§ 10.4 § 10.6
Michigan law for the violation of zoning, sign or related Ordinance provisions.
H. Other Powers. In addition to the enforcement powers specified in this chapter, the City may
exercise any and all enforcement powers granted by Michigan law.
I. Continuation. Nothing in this Ordinance shall prohibit the continuation of previous
enforcement actions undertaken by any officer of the City pursuant to previous and valid
ordinances and laws.
§ 10.5. Enforcement Procedures.

A. Nonemergency Matters. In the case of violations of this Ordinance that do not constitute an
emergency or require immediate attention, the City shall give notice of the nature of the violation to
the property owner or to any other person who is party to the agreement or to any applicant for any
relevant permit in the manner hereafter stated, after which the persons receiving notice shall have 10
days to correct the violation before further enforcement action may be taken. Notice shall be given
by United States mail, or by posting notice on the premises. Notices of violation shall state the nature
of the violation and the time period for compliance and may state the corrective steps necessary and
the nature of subsequent penalties and enforcement actions should the situation not be corrected. The
City shall keep a record of all persons notified by mail.
B. Emergency Matters. In the case of violations of this Ordinance that constitute an emergency as a
result of safety or public concerns or violations that will create increased problems or costs if not
remedied immediately, the City may use the enforcement powers available under this chapter without
prior notice, but shall attempt to give notice simultaneously with beginning enforcement action.
Notice may be provided to the property owner, to any other person who is party to the agreement and
to applicants for any relevant permit.
§ 10.6. Revocation.
A. Duties of City Planner. The revocation process shall be initiated by the City Planner upon a
determination that there are reasonable grounds for revocation of the subject permit or development
approval.
B. Authority to Revoke. The decisionmaking body that approved the permit or development approval
shall be authorized to revoke the permit or development approval.
C. Notice of Revocation Hearing. Notice of a revocation hearing shall be given in the same manner as
required for the public hearing at which approval was granted. If no notice was required for approval,
none shall be required for the revocation hearing, provided that notice shall be mailed to the owner
of the use or structure for which the permit was granted at least 10 days prior to the hearing.
D. Decision, and Notice of Decision.
1. Hearing. At the hearing, the decisionmaking body shall hear testimony of the City Planner, the
owner of the use or structure for which the permit or approval was granted, if present, and any
other interested persons.
2. Required findings. The decisionmaking body shall revoke the permit or approval upon making
one or more of the following findings:
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§ 10.4 § 10.6
a) Erroneous or misleading. The permit was issued on the basis of erroneous or
misleading information or misrepresentation;
b) Violation of terms or conditions. The terms or conditions of the approved site plan,
permit or development approval have been violated or that other laws or regulations have
been violated; or
c) Discontinuance. There has been a discontinuance of the exercise of the entitlement
granted by the permit or development approval for 180 consecutive days.
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Page 784 of 885
§ 10.6 § 10.6
3. Matter subject to public hearing. Within 10 working days of the conclusion of the public hearing, the
decisionmaking body shall render a decision, and shall mail notice of the decision to the owner
of the use or structure for which the permit was revoked and to any other person who has filed a
written request for such notice.
4. Matter not subject to public hearing. Within three working days of a decision on a revocation
matter that is not the subject of a public hearing, the decisionmaking body shall mail notice of
the decision to the owner of the use or structure for which the permit was revoked and to any
other person who has filed a written request for such notice.
E. When Effective. A decision to revoke a permit or development approval shall become final
immediately after the date of the decision. The date on which the revocation of a permit or
development approval shall become effective shall be specified in the written decision and order of
the revocation hearing.

Page 785 of 885
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Page 787 of 885
§ 11.1 § 11.2
CHAPTER 11
Review and Decisionmaking
Bodies
§ 11.1. City Commission.

A. Powers and Duties. In addition to any authority granted the City Commission by charter, ordinance
or state law (this provision is not intended to in any way limit the City Commission's power and
authority), the Commission shall have the following powers and duties under this Ordinance:
1. Amendments to Text and Zone District Map. To review, hear, consider and approve or
disapprove:
a) Text amendments. Petitions to amend the text of this Ordinance pursuant to § 8.3B:
Amendments to Text of Zoning Ordinance or Zone District Map.
b) Zone District Map amendments (Rezoning). Petitions to amend the Zone District Map
pursuant to
§ 8.3B: Amendments to Text of Zoning Ordinance or Zone District Map.
2. Planned Unit Development Overlay (PUD-O) District Classification. To review, hear, consider
and approve, approve with conditions or disapprove petitions for amendments to the Zone
District Map to a Planned Unit Development Overlay (PUD-O) District classification pursuant
to § 8.3C: Planned Unit Development Overlay (PUD-O) District.
3. Beneficial Use Determination. To review and make determinations on requests for beneficial
use determinations pursuant to § 8.3M: Beneficial Use Determinations.
4. Initiate Amendments to Text and Zone District Map. To initiate petitions to the text of this
Ordinance and the Zone District Map.
5. Other. To take any other action not delegated to the Planning Commission, Zoning Board of
Appeals or heads of City departments, as the City Commission may deem desirable and
necessary to implement the provisions of this Ordinance.
§ 11.2. Planning Commission. [Amended 3-19-2007 by Ord. No. 1822; 6-20-2011 by Ord. No. 1883]
A. Intent and Purpose.
1. The City of Kalamazoo by Ordinance No. 340, dated January 8, 1951, did establish the City of
Kalamazoo Planning Commission, codified as §§ 2-58 through 2-67 under Article IV, Chapter
Two of the City Code for the City of Kalamazoo.
2. The powers and duties of the Planning Commission are also set forth in § 11.2 under Chapter
11 of Appendix A, Zoning Ordinance.
3. Under P.A. 33 of 2008 the State of Michigan enacted the Michigan Planning Enabling Act,
MCLA 125.3801 et. seq (Planning Act), which repealed the Municipal Planning Act, County
Planning Act, and Township Planning Act.
4. The Planning Act authorizes the creation and/or continuation of a planning commission to
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address and recommend planning and zoning ordinances, master or neighborhood plans and
similar actions in the City of Kalamazoo; to organize, enumerate powers and duties; to provide
for the regulation and subdivision of land, coordinated and harmonious development of the City;
and to function in cooperation with other constituted authorities of incorporated and
unincorporated areas within the County of Kalamazoo.
5. To ensure that proper record of action is noted and the provisions of the City Code and Zoning
Ordinance are in compliance with the Planning Act, as amended, it is now desired to repeal
Article IV,
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Page 789 of 885
§ 11.2 § 11.2
Chapter Two of the City Code for the City of Kalamazoo and to replace § 11.2, Chapter 11 of Appendix
A, Zoning Ordinance by adopting this ordinance.
B. Creation of Planning Commission. The City of Kalamazoo Planning Commission (Commission) is
created pursuant to the Planning Act, with the powers and duties as set forth and provided under the
Planning Act and this ordinance. This ordinance shall be officially known and described as the "City
of Kalamazoo Planning Commission Ordinance."
C. Membership.
1. The Commission shall consist of nine members appointed by the Mayor, with the approval of a
majority vote of the City Commission. The individuals currently serving as members of the
Commission shall continue to serve for the remainder of that individual's term.
2. An individual shall be a qualified elector of the City of Kalamazoo, in order to be appointed and
to continue to serve as a member of the Commission.
3. The membership shall be representative of the important geographic and interest segments
which are detailed in the Planning Act and which exist in and are relevant to the City of
Kalamazoo.
4. Members shall be appointed for three-year terms. If a vacancy occurs, the vacancy shall be filled
for the unexpired term in the same manner as provided for an original appointment such that, as
nearly as possible, the terms of 1/3 of all Commission members continue to expire each year. A
member shall hold office until his or her successor is appointed.
5. Members shall serve no more than two consecutive full terms, not counting when a member is
appointed to fill an expired term when a vacancy occurs.
6. Membership on the Commission shall otherwise comply with Rule 12 of the City Commission
Rules, as amended.
D. Removal from Office.
1. The City Commission may remove a member of the Commission for misfeasance, malfeasance,
or nonfeasance in office upon written charges and after a public hearing. Failure to disclose a
potential conflict of interest shall be considered malfeasance in office. Failure to repeatedly
attend Commission meetings, in accordance with City Commission Rule 12, shall be considered
nonfeasance in office.
2. The Secretary of the Planning Commission shall report to the City Commission any member
who has missed three regular meetings in a row without having made a request to be absent
from a meeting for just cause.
E. Meetings.
1. The Commission shall meet at least four times in any calendar year. The Commission may meet
more regularly than required under the Planning Act. The Commission shall publish the dates,
times and places of its regular meetings in accordance with the provisions of the Open Meeting
Act, MCLA 15.265, as amended.
2. A majority of the Commission shall constitute a quorum for the transaction of the ordinary
business of the Commission. All questions which shall arise at a meeting where a quorum is
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present shall be determined by a majority vote of the members present at such meeting. If at any
time during a public hearing a quorum is lost, it shall be stated in the minutes, and no final action
on a matter shall be taken by the Commission.
3. The affirmative vote of six members of the Commission, regardless if vacancies or absences
exist, shall be necessary for the adoption, or recommendation for adoption, of any land use plan
or amendment to a
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§ § 11.2
11.2 land use
plan.
F. Powers and Duties.

1. The Commission shall have the powers and duties as set forth in the Planning Act, and P.A. 110
of the Public Acts of 2006, the Michigan Zoning Enabling Act (Zoning Act), (MCLA 125.3101
et seq.), including any amendments to those acts. The Commission is also subject to all
limitations of those powers and duties as provided in either the Planning Act or Zoning Act, or
any other federal or state statute.
2. Consistent with, and without limiting, the powers and duties provided under the Planning Act or
Zoning Act, the Commission shall have the following powers and duties under this ordinance:
a) To review, hear, consider and make recommendations to the City Commission to approve
or disapprove:
1) Text amendments. Petitions to amend the text of this Ordinance pursuant to
§ 8.3B, Amendments to Text of Zoning Ordinance or Zone District Map.
2) Zone District Map amendments (Rezoning). Petitions to amend the Zone
District Map pursuant to § 8.3B, Amendments to Text of Zoning Ordinance or Zone
District Map
b) To review, hear, consider and make recommendations to the City Commission to approve,
approve with conditions or disapprove petitions for amendments to the Zone District Map
to a Planned Unit Development Overlay District classification pursuant to § 8.3C, Planned
Unit Development Overlay (PUD-O) District.
c) To review, hear, consider and approve, approve with conditions or disapprove special use
permits pursuant to § 8.3D, Special Use Permit.
d) To review, hear, consider and approve, approve with conditions or disapprove site plans in
the CBTR District pursuant to § 8.3H, Site Plan.
e) To initiate petitions to amend the text of this Ordinance or the Zone District Map.
f) To recommend to the City Commission the adoption of an ordinance or rules governing
the subdivision of land as authorized under the Land Division Act (MCLA 560.101 et.seq.)
or the development of property under the Condominium Act (MCLA 559.101 et. seq.)
g) To make its special knowledge and expertise available upon written request and
authorization of the City Commission to any official, department, board, commission or
agency of the City.
h) To make studies of the resources, possibilities and needs of the City upon the authorization
of the City Commission, and report its findings and recommendations, with reference
thereto, to the City Commission.
G. Staff-City Employees.
1. To assist the Commission in carrying out its powers and duties under the Planning or Zoning
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Acts, or otherwise carrying out its functions as a planning commission, the City Planner and
employees within the Community Planning and Development Department, as designated by the
City Planner or the Director of that Department, shall be made available,
2. Employees that are assigned to work with the Commission shall follow the directives of the
Commission in matters of planning and zoning public policy issues, but shall not be subject to
Commission directives concerning employment provisions of law, employment policies,
employee roster, and employee or union contracts, if any.
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§ 11.2 § 11.3
H. Conflicts Between Ordinance and Planning Act. If a conflict between any provisions of this
ordinance and the Planning Act or Zoning Act, as amended, exists, the provisions of those Acts
shall prevail.
§ 11.3. Zoning Board of Appeals.

A. Establishment. There is hereby established the Zoning Board of Appeals.
B. Powers and Duties. The Zoning Board of Appeals shall have the following powers and duties under
this Ordinance:
1. Variances. To review, hear, consider and approve, approve with conditions or disapprove
variances pursuant to § 8.3E: Variances.
2. Appeals of Administrative Decisions. To hear, review, consider, and affirm, modify or reverse
any order, decision, determination or interpretation of the City Planner or any other
administrative official made under the terms of this Ordinance pursuant to § 8.3F: Appeal of
Administrative Decisions.
3. Change in Nonconforming Use. To review, hear, consider and approve, approve with conditions
or disapprove a change of one nonconforming use to another nonconforming use pursuant to §
9.2F: Change to Other Nonconforming Use.
C. Membership.
1. Number. The Zoning Board of Appeals shall consist of six regular members, and two alternate
members. The members of the Zoning Board of Appeals on October 18, 2005, shall be the
members of the Board without change to the length of their terms of office.
2. No Elected Official or City Employees. No member of the City Commission or a City employee
shall serve on the Zoning Board of Appeals.
3. Appointment. Members and alternate members of the Zoning Board of Appeals shall be
appointed by the City Commission.
4. Term. The term of appointment shall be for three years. No member shall serve more than two
full, concurrent, consecutive terms.
5. Filling Vacancy. Any vacancy on the Zoning Board of Appeals shall be filled for the unexpired
term in the same manner as in the case of the original appointment.
6. Alternate Members. The alternate members shall consist of a first alternate member and a second
alternate member. The alternate member with the most seniority on the Zoning Board of Appeals
shall be the first alternate. The alternate members may take part in all deliberations of the Zoning
Board of Appeals but shall not have a vote unless a regular member is unable to vote because
of absence or a conflict of interest. The first alternate member shall have priority to replace the
first regular member that is absent or unable to vote. The second alternate member shall replace
the second regular member that is absent or unable to vote.
D. Quorum. No meeting of the Zoning Board of Appeals shall be called to order, nor may any business
be transacted by the Board without a quorum consisting of at least four members (either regular or
alternate) being present.
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§ 11.2 § 11.3
E. Rules of Procedure. The Zoning Board of Appeals shall, by a majority vote of its entire membership,
adopt rules of procedure governing its procedures on such matters as officers, voting, meetings,
compensation and related matters as it may consider necessary or advisable.
F. Appeals. An appeal of a decision by the Zoning Board or Appeals must be filed with the Circuit Court
within 30 days after the Board makes its decision in writing, or within 21 days after the Board
approves the minutes
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§ 11.3 § 11.6
of the meeting. [Added 6-20-2011 by Ord. No. 1884]
§ 11.4. Site Plan Review Committee (SPRC).

A. Powers and Duties. The Site Plan Review Committee (SPRC) shall have the following powers and
duties under this Ordinance:
1. Action on Site Plans. To review, hear, consider and approve, approve with conditions or
disapprove site plans, except in the CBTR District, pursuant to § 8.3H: Site Plans.
2. Advisory action on Site Plans. To review, hear, consider and take advisory action on site plans
in the CBTR District pursuant to § 8.3H: Site Plans.
B. Outside Opinions. In the course of its duties, the SPRC may solicit any knowledgeable individual or
organization regarding any aspect of the proposed development or its potential impacts, and may
base its decision as to whether the proposed development complies with applicable standards on the
opinions or recommendations received from such individuals or organizations.
C. Membership. The SPRC shall consist of staff members, designated by the department head, from the
following divisions: Planning, Code Administration, Public Safety, Public Services, and others so
designated by the City Manager. The Chair of the SPRC shall be the staff member assigned from the
Community Planning and Development Department. The Chair of the Planning Commission, or
his/her designee, shall also be a member of the SPRC.
D. Rules of Procedure. The SPRC may, by a majority vote of the entire membership, adopt rules
governing its procedure as it may deem necessary or advisable.
§ 11.5. Downtown Design Review Committee (DDRC).

A. Powers and Duties. The DDRC shall have those powers and duties established for it by the City
Commission by resolution.
B. Membership. The membership of the DDRC shall be as established by the City Commission by
resolution.
C. Rules of Procedure. The DDRC shall, by a majority vote of the entire membership, adopt rules
governing its procedure as it may deem necessary or advisable to carry out its powers and duties.
§ 11.6. City Planner.

A. General Authorization. The official authorized to administer this Ordinance by the City Manager
shall be the City Planner.
B. Powers and Duties. In addition to the jurisdiction, authority and duties that may be conferred upon
the City Planner by other provisions of this Ordinance and general or special law, the City Planner
shall have the following jurisdiction, powers and duties under this Ordinance:
1. Administrative Adjustments. To review, hear, consider and approve or disapprove
administrative adjustments pursuant to § 8.3G: Administrative Adjustments.
2. Temporary Use Permit. To review, hear, consider and approve, approve with conditions or
disapprove temporary use permits pursuant to § 8.3J: Temporary Use Permits.
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§ 11.3 § 11.6
3. Minor Deviations. To review, hear, consider and approve, approve with conditions or disapprove
minor deviations for PUDs and site plans pursuant to § 8.3C.11: Planned Unit Development
Overlay (PUD-O) Districts and § 8.3H.: Site Plans.
4. Interpretations. To render interpretations of all provisions of this Ordinance, including
interpretations of
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§ 11.6 § 11.9
the text of this Ordinance; interpretations of the Zone District Map boundaries; and
determinations of whether an unspecified use falls within a use classification or use group
allowed in a zone district pursuant to § 8.3L: Interpretations.
5. Enforcement. To enforce the provisions of this Ordinance.
6. Administer Ordinance. To establish application requirements and schedules for review of
applications and appeals, to review and make recommendations to the City Commission,
Planning Commission and Zoning Board of Appeals on all applications for development
approval considered by those boards, and take any other actions necessary to administer the
provisions of this Ordinance.
7. Provide Expertise and Technical Assistance. To provide expertise and technical assistance to
the City Commission, Planning Commission and Zoning Board of Appeals, upon request.
§ 11.7. Zoning Inspector.

A. Powers and Duties. In addition to the jurisdiction, authority and other duties that may be conferred
upon the Zoning Inspector by other provisions of this Ordinance, charter and state law, the Zoning
Inspector shall have the following jurisdiction, powers and duties under this Ordinance:
1. Approval of Zoning Compliance. To review, consider and approve or disapprove Approvals of
Zoning Compliance pursuant to § 8.3K: Approval of Zoning Compliance.
2. Permits. To review, consider and approve or disapprove all applicable permits pursuant to
this Ordinance.
§ 11.8. City Attorney.

A. Powers and Duties. In addition to the jurisdiction, authority and other duties that may be conferred
upon the City Attorney by other provisions of this Ordinance, charter and state law, the City Attorney
shall have the following jurisdiction, powers and duties under this Ordinance:
1. General. To review and approve as to form ordinances and, as appropriate, other documents
drafted by the City departments, the City Commission, the Planning Commission and the Zoning
Board of Appeals, in connection with any requirement of this Ordinance.
2. Agreements, Easements, Performance Agreements. To review as to form all planned unit
development agreements, and as appropriate, easements, declarations of covenants, letters of
credit, performance bonds or such other documentation in connection with any requirement of
this Ordinance.
3. Counsel. To counsel the City Commission, the Planning Commission, the Zoning Board of
Appeals, the City Planner, the Zoning Inspector and the City departments in regard to the legal
issues that may arise in the review of applications for development approval and the general
implementation of this Ordinance.
§ 11.9. Hearing Officer.

A. Creation and Appointment. The City Commission shall confirm one or more Hearing Officers to hear
and consider such matters as may be required to be conducted by a Hearing Officer under any
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§ 11.6 § 11.9
provision of this Ordinance or as may be determined to be appropriate. Such Hearing Officer(s) shall
serve at the pleasure of the City Commission for such period as is determined by the City Commission.
The Hearing Officers shall be compensated at a rate to be determined by the City Commission.
Whoever shall accept an appointment as a Hearing Officer shall, for a period of one year from the
date of termination as holder of such office, not act as agent or attorney in any proceeding, application
or other matter before any decision-making body of the City in any matter involving land that was
the subject of a proceeding that was pending during the time served as
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§ 11.9 § 11.9
a Hearing Officer.
B. Minimum Qualifications. A Hearing Officer shall have the following minimum qualifications:
1. Professional Experience. Demonstrated knowledge of administrative, zoning and land use
planning and law and procedures.
2. No Appointive or Elective Office. Hold no other appointive or elective public office or
position in the City during the period of appointment.
C. Powers and Duties. A Hearing Officer shall have the following duties:
1. Beneficial Use Determination. To conduct hearings on appeals for beneficial use
determinations and recommend approval, approval with conditions or disapproval to the
City Commission pursuant to
§ 8.3M: Beneficial Use Determination.
2. Subpoenas, Production of Documents and Oaths. To issue subpoenas to compel the
attendance of witnesses and production of documents, and to administer oaths to witnesses
appearing at hearings.
3. Other. To perform such other tasks as the City Commission may assign.

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Page 802 of 885
§ 12.1 § 12.2
CHAPTER 12
Definitions and Use
Categories
For the purpose of this Ordinance certain terms, words and phrases shall, whenever used in this Ordinance,
have the meaning defined as follows:
§ 12.1. Rules of Construction.

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. Terms not defined in this chapter 12 shall have the meanings assigned to them in other
portions of the Kalamazoo Code of Ordinances.
B. Terms not defined in this chapter 12 or elsewhere in the Kalamazoo Code of Ordinances shall
have the meaning customarily assigned to them.
§ 12.2. Use Categories.

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.
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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.
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§ § 12.3
12.2 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.
§ 12.3. Definitions and Use Categories.

ACCESSORY BUILDING — A subordinate building the use of which is clearly incidental to that of the
main building or to use of the land.
ACCESSORY USE — A use subordinate to a main permitted use on a lot and used for purposes clearly
incidental to the principal use.
ADJACENT — In general, the land or property directly adjoining the property in question, or land located
across an alley, easement, street or highway from the property in question. When used in connection with
§ 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.
ADULT FOSTER-CARE GROUP HOME — See definition of "group
living." ADULT REGULATED USE — Any of the following:
a) ADULT ARCADE or MINI MOTION-PICTURE THEATER — Any place to which the public is
permitted or invited where coin-operated or slug-operated, or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors or other image-producing
devices are regularly maintained to show images to five or fewer persons per machine at any one
time, and where the images displayed are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined
in this Ordinance).
b) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE — A
commercial
establishment that offers for sale or rental for any form of consideration and that has as a
substantial or significant portion of its stock-in-trade, books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations,
recordings, other audio matter, and novelties or devices that are distinguished or characterized by
their emphasis on matter depicting, describing, or relating to specified sexual activities or specified
anatomical areas. The adult bookstore, adult novelty store, or adult video store may have other
principal business purposes that do not involve the offering for sale or rental materials that are
distinguished or characterized by their emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore,
adult novelty store, adult video store. Such other business purposes will not serve to exempt such
establishment from being categorized as adult bookstore, adult novelty store, adult video store so
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long as a substantial or significant portion of its business includes the offering for sale or rental for
consideration the specified materials that are distinguished or characterized by their emphasis on
matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
c) ADULT BOOTH — A small enclosed or partitioned area inside an adult regulated use that is (1)
designed or used for the viewing of books, magazines, periodicals, or other printed matter,
photographs, films, motion pictures, video cassettes, slides, or other visual representations,
recordings, and novelties or devices that are distinguished or characterized by their emphasis on
matter depicting, describing, or relating to specified sexual activities or specified anatomical areas
by one or more persons, and (2) is accessible to any person, regardless of whether a fee is charged
for access. "Adult booth" does not include a foyer through which any person can enter or exit the
establishment, or a rest room.
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§ 12.3 § 12.3
d) ADULT CABARET — A nightclub, cafe, restaurant, lounge, bar or similar establishment (which
may or may not include the service of food or beverages), where male or female impersonators,
dancers, entertainers, waiters, waitresses, or employees regularly provide live performances that are
distinguished or characterized by their emphasis on specified anatomical areas or specified sexual
activities for the observation or entertainment of patrons, guests, and/or members. Adult cabaret also
includes an establishment that permits, provides or features topless dancers and/or bottomless
dancers, go-go dancers, strippers, topless or bottomless waiters, waitresses and/or employees.
e) ADULT MOTEL — A hotel, motel, or similar commercial establishment that (1) offers
accommodations to the public for any form of consideration; and (2) provides patrons with closed
circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic
reproductions that are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas; and (3) has a sign
visible from the public right-of-way that a) advertises the availability of this adult type of
photographic reproductions, or b) offers a sleeping room for rent for a period of time that is less than
10 hours, or c) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of
time that is less than 10 hours.
f) ADULT MOTION-PICTURE THEATER — A commercial establishment where, for any form of
consideration, films, motion pictures, videos, slides, or other photographic reproductions are regularly
shown in which a substantial portion of the total presentation is devoted to the showing of material
that are distinguished or characterized by their emphasis on the depiction, description, or relation to
specified sexual activities or specified anatomical areas for observation or entertainment of patrons,
guests, and/or members.
g) ADULT OUTDOOR MOTION-PICTURE THEATER — A commercial establishment having an
open lot or part of an open lot with appurtenant facilities devoted primarily to the presentation of
motion pictures, films, theatrical productions, and other forms of visual productions for any form of
consideration to persons in motor vehicles or in outdoor seats, and presenting material distinguished
or characterized by their emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas for observation or entertainment of patrons, guests, and/or
members.
h) ADULT MODEL STUDIO — Any place where a person who displays specified anatomical areas is
regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration. Such an establishment
includes, but is not limited to, the following activities and services: modeling studios, body painting
studios, wrestling studios, individual theatrical performance or dance performances, barber shops or
hair salons, car washes, and/or convenience stores. An adult model studio shall not include a
proprietary school licensed by the State of Michigan or a college, junior college, or university
supported entirely or in part by public taxation, a private college or university that maintains and
operates educational programs in which credits are transferable to a college, junior college, or
university supported entirely or partly by taxation, or in a structure (1) that has no sign visible from
the exterior of the structure and no other advertising that indicates a nude or seminude person is
available for viewing, and (2) where in order to participate in a class a student must enroll at least
three days in advance of the class, and (3) where no more than one nude or seminude model is on the
premises at any one time.
i) ADULT PHYSICAL CULTURE BUSINESS — Any commercial establishment, club, or business
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by whatever name designated, that regularly offers or advertises or is equipped or arranged to provide
massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any
person. An adult physical cultural business may include, but is not limited to, establishments
commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths.
j) ADULT PERSONAL SERVICE BUSINESS — A commercial business having as a principal
activity a person, while nude or partially nude, providing personal services for another person on an
individual basis. Such a business includes, but is not limited to, the following activities and services:
modeling studios, body painting studios, wrestling studios, individual theatrical performances or
dance performances, barber shops
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§ 12.3 § 12.3
or hair salons, car washes, convenience stores or other commercial business establishments where food or
goods and services are sold, and tattoo parlors where services are being performed by a person who
is nude or partially nude. "Nude" or "partially nude" is defined as having attire that reveals specified
anatomical areas as defined in this section.
k) ADULT THEATER — A commercial establishment that is a theater, concert hall, auditorium, or
similar commercial establishment, either indoor or outdoor in nature, that, for any form of
consideration, regularly features live performances that are distinguished or characterized by their
emphasis on specified sexual activities or by exposure of specified anatomical areas for observation
by guests, patrons, and/or members. An adult theater does not include a theater, concert hall,
auditorium, or similar establishment that, for any fee or consideration, regularly features live
performances that are not distinguished or characterized by their emphasis on the depiction or
description of specified sexual activities or specified anatomical areas in that any such depiction or
description is only incidental to the primary purpose of the performance.
AGRICULTURAL SALES — On-site sale of feed, grain, fertilizers, pesticides and similar goods. Typical
uses include nurseries, hay, feed and grain stores.
AGRICULTURAL SERVICE — Provision of agriculturally related services with incidental storage on
lots other than where the service is rendered. Typical uses include crop dusting and tree service firms.
AGRICULTURE — Farms and general farming, including horticulture, floriculture, dairying, livestock,
and poultry raising, farm forestry, and other similar enterprises, or uses, but no farms shall be operated as
piggeries, or chicken brooderies or for the disposal of garbage, sewage, rubbish, offal or rendering plants,
or for the slaughtering of animals, except for consumption by persons residing on the premises.
AGRICULTURE, CROP. — Activities that primarily involve raising or producing field crops or other
plants. Examples include farming, truck gardening, forestry, tree farming, and wholesale plant nurseries.
ANCILLARY. — When used in conjunction with § 4.2W: Telecommunications Facilities, the buildings,
cabinets, vaults, closures and equipment required for operation of telecommunication systems including
but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.
ANEMOMETER — Temporary wind speed indicator equipment utilized for the purpose of analyzing the
potential for utilizing a wind energy system at a given site. Such devices monitor wind speed and flow
direction characteristics over a period of time for a particular location.[Added 9-20-2010 by Ord. No.
1872]
ANIMAL SERVICE. — The following are animal services use types:
a) KENNELS — Kennel services for dogs, cats, and small animals, including overnight care. Typical
uses include boarding kennels and dog training centers.
b) SALES AND GROOMING — Sales, grooming and day time care of dogs, cats, and similar small
animals. Typical uses include pet stores, dog bathing and clipping salons and pet grooming shops.
No overnight boarding is allowed.
c) VETERINARY CLINIC — A building, or any portion of a building, used for the treatment of house
pets as outpatients only and not having exterior or interior kennels and overnight lodgings
appurtenant to or as part of the use. Overnight boarding of animals is only permitted when necessary
for unanticipated complications from treatment. Typical uses include veterinary offices, pet clinics.
d) VETERINARY HOSPITAL — A building, or any portion of a building, used for the treatment of
house pets, and that may have exterior or interior kennels and overnight lodgings appurtenant to or
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as part of the use. Typical uses include veterinary offices and animal hospitals.
ANTENNA — An electrical conductor or group of electrical conductors that transmit or receive radio
waves, excluding amateur radio antennas.
ANTENNA SUPPORT STRUCTURE — Any building or other structure other than a transmission tower
that can be used for location of telecommunications facilities.
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§ 12.3 § 12.3
APPLICATION — Application means the process by which the owner of a parcel of land within the City
submits
a request for any type of development review or approval identified in Chapter 8 of this Ordinance.
Application includes all written documentation, verbal statements and representations, in whatever form
or forum, made by an applicant to the City concerning such a request.
ASSISTED LIVING FACILITY — See definition of "group
living." ATTACHED DWELLING — See definition of
"household living."
ATTACHMENT — When used in conjunction with § 4.2.W: Telecommunications Facilities, an antenna
or other piece of related equipment affixed to a transmission tower, building, light or utility pole, or water
tower.
AWNING — A retractable or fixed shelter projecting from and supported by the exterior wall of a building
constructed of nonrigid materials on a supporting framework.
BED — 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.
BED-AND-BREAKFAST — See definition of "lodging."
BREWERY — A large-scale brewer that produces beer for sale on premises, as well as for off-site sales, as
licensed by the State of Michigan.[Added 8-20-2012 by Ord. No. 1900]
BREWPUB — See definition of "eating and drinking establishments."
BUILDING — Any structure used or intended for supporting or sheltering any use or occupancy. This shall
include tents or vehicles situated on private property and used for purposes of a building.
BUILDING MAINTENANCE SERVICE — Provision of maintenance and custodial services to
commercial and industrial establishments. Typical uses include janitorial, landscape maintenance and
window cleaning services. Also includes exterminator services for residential, commercial or industrial
applications.
BUILDING SETBACK LINE — A line indicating the minimum distance required to be maintained
between the front property line and the nearest supporting member of any structure on the lot.
BULK OF A BUILDING — The gross cubical contents of a building measured to the outside surfaces
but excluding uncovered porches, fire escapes, steps, and terraces and enclosed portions of the building
that project beyond the main surfaces less than three feet and excluding basement spaces not meeting the
definition of a story.
BUSINESS SUPPORT SERVICE — Provision of clerical, employment, protective, or minor processing
services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses
include secretarial services, telephone answering services and blueprint services. Also includes business
or trade schools that do not involve any outdoor storage or manufacturing processes. Business or trades
schools that do involve outdoor storage or manufacturing processes are classified as "Limited
Manufacturing and Production."
CANOPY — A permanent, roof-like shelter that extends from part or all of a building face and is
constructed of nonrigid material, except for the supporting framework.
CAR WASH — See definition of "vehicle and equipment sales and service."
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CEMETERIES AND MAUSOLEUMS — See definition of "funeral and interment
service." CITY COMMISSION — The City Commission of the City of Kalamazoo.
CITY-OWNED FACILITIES — Any structures, buildings or land owned by the City of Kalamazoo or its
agents.
CLINICS — An establishment housing facilities for medical, dental or psychiatric diagnosis and
treatment, exclusive of major surgical procedures, for sick, ailing and injured persons who are not kept
overnight on the premises.
CLUB — A nonprofit association of persons who are bona fide members, paying regular dues and are
organized for some common purpose, but not a group organized solely or primarily to render a service
customarily carried on
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§ 12.3 § 12.3
as a commercial enterprise.
CLUSTER HOUSING DEVELOPMENT — See definition of "household living."
COLLOCATED FACILITY — When used in conjunction with § 4.2W: Telecommunications Facilities, a
wireless telecommunication facility that is attached to an existing pole, tower, or other structure including,
but not limited to, a structure that can accommodate the future installation of two or more antenna systems.
COLLOCATION — When used in conjunction with § 4.2W: Telecommunications Facilities, placement
of an antenna on an existing transmission tower, building, light or utility pole or water tower where the
antenna and all supports are located on the existing structure.
COLLEGE or UNIVERSITY — An educational institution authorized by the state to award associate,
baccalaureate, or higher degrees.
COMMERCIAL ESTABLISHMENT — Any business, location, or place that conducts or allows to be
conducted on its premises any activity for commercial gain.
COMMUNICATIONS SERVICE — Broadcasting and other information relay services accomplished
through use of electronic and telephonic mechanisms. Excludes services classified as "major utilities and
services" and "minor utilities." Typical uses include recording studios, television and radio studios, and
telecommunication service centers.
COMMUNITY RECREATION — Recreational, social, or multi-purpose uses typically associated with
parks, play fields, golf courses, or community recreation buildings.
a) OPEN SPACE/NATURE PRESERVE — Any parcel or area of land or water in which human
activities are very limited and where the natural environment is protected from human changes and
may be reserved for public or private use or enjoyment.
b) PARKS/RECREATION FACILITY — A tract of land or a place designed and equipped for the
conduct of sports and leisure-time activities available to the general public for recreational purposes.
COMMUNITY SERVICE CENTER — A nonprofit facility used for recreational, social, educational,
cultural, and advisory services/activities, including, for example, services to children, tax assistance,
housing assistance, computer tutoring, or educational classes. Generally, they provide the service on-site
or have employees at the site on a regular basis. The service is ongoing, not just for special events.
Community services or facilities that have membership provisions are open to the general public to join at
any time. This use does not include any facility that meets the definition of a school, religious assembly,
lodge, fraternal, or civic assembly.
CONDOMINIUM — A building, or group of buildings, in which dwelling units, offices, or floor area are
owned individually and the structure, common areas, and facilities are owned by all the owners on a
proportional, undivided basis.
CONSTRUCTION SALES AND SERVICE — Construction activities and incidental storage on lots other
than construction sites. Also includes landscape contractors and landscape maintenance businesses and
the retail or wholesale sale, from the premises, of materials used in the construction of buildings or
other structures other than retail sale of paint, fixtures, and hardware, but excludes those uses classified
as "automotive" and/or "heavy equipment" use types. Typical uses include building materials stores, tool
and equipment rental or sales building contracting/construction offices and landscape
maintenance/contractor offices.
CONVENIENCE STORE — See definition of "food and beverage retail
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sales." CREMATING — See definition of "funeral and interment
service."
CULTURAL EXHIBITS, LIBRARIES AND MUSEUMS — Museum-like preservation and exhibition
of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection
of books, manuscripts, etc., for study and reading.
DAY CARE — Uses providing care, protection and supervision for children or adults on a regular basis
away from
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§ 12.3 § 12.3
their primary residence for less than 24 hours per day.
a) DAY CARE HOME, FAMILY — A facility for child care in the permanent residence of the provider
for the purpose of providing day care and training for a child or children away from their primary
residence for less than 24 hours per day. Children being cared for in a day care home shall be under
the age of 12 years unattended by a parent or legal guardian, except children related to an adult
member of the family by blood, marriage, or adoption. The facility shall provide care, protection, and
supervision to no more than six children at one time, plus any children related to an adult member of
the provider's family by blood, marriage, or adoption. Care of children shall be provided for periods
of less than 24 hours, and for more than four weeks in a calendar. Operation of a "day care home" is
considered, for purposes of this Ordinance, to be an accessory use to a principal residential use. The
operator of the facility must live in the facility as his or her primary residence.
b) DAY CARE HOME, GROUP — A licensed day-care center in a private home as an accessory use
in which more than six but not more than 12 minor children are given care and supervision for periods
of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult
member of the family by blood, marriage, or adoption. Group day care home includes a home that
gives care to an unrelated minor child for more than four weeks during a calendar year.
Notwithstanding its status as an accessory use, a group day care home requires a permit. The operator
of the facility must live in the facility as his or her primary residence.
c) DAY-CARE CENTER (COMMERCIAL OR INSTITUTIONAL) — (a) a facility, whether nonprofit
or for- profit, that provides care, protection, and supervision for eight or more adults on a regular
basis away from their primary residence for less than 24 hours per day; or (b) an institutional facility
that is maintained for the whole or part of a day for the care of one or more children under the age
of 18 years who are not related to the owner, operator or manager, whether such facility is operated
with or without compensation for such care and with or without stated educational purposes, and for
periods of less than 24 hours, and for periods of not more than two consecutive weeks, where the
parents, relatives, or legal guardians of the children are not immediately available. The term
includes, but is not limited to, facilities commonly known as day- care centers, day nurseries, nursery
schools, preschools, play groups, day camps, summer camps, centers for mentally retarded children
and those facilities that give less than 24 hour per day care for dependent and neglected children.
Day-care centers are also those facilities for children under the age of six years with stated educational
purposes that are operated in conjunction with a public, private, or parochial college or a private or
parochial school, except that the term shall not apply to a kindergarten maintained in connection with
a public, private or parochial elementary school system of at least six grades.
DAY-CARE CENTER (COMMERCIAL OR INSTITUTIONAL) — See definition of "day
care." DAY CARE HOME, FAMILY — See definition of "day care."
DAY CARE HOME, GROUP — See definition of "day care."
DECK — An unroofed platform, either freestanding or attached to a building, that is supported by pillars
or posts.
DECOMMISSION PLAN — A plan detailing the process and time frame for terminating the operation of
and completely removing a wind energy system, including all related structures, equipment, wiring,
foundations, and access roads.[Added 9-20-2010 by Ord. No. 1872]
DENSITY — The relationship of the number of dwelling units to the gross area of the lot or tract upon
which a residential structure or structures are to be located or erected.
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DETACHED DWELLING — See definition of "household living."
DETENTION BASIN — A facility for the temporary storage of stormwater runoff.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON — For the purpose of interpreting,
administering and enforcing the provisions of § 4.2B: Adult Regulated Uses, the dominant or principal
theme of the object so described. For example, "films that are distinguished or characterized by an
emphasis upon the
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§ 12.3 § 12.3
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."
DORMITORY — See definition of "group living."
DRIVEWAY — An access roadway leading from an authorized drive approach to a garage, carport or
required parking space, including turnaround areas, and including circular driveways from an authorized
drive approach to another authorized drive approach.
DROP-IN CENTER — A facility operated and supervised by a profit or nonprofit organization, agency,
association, group or company or individual where people with special needs are informally invited to
gather.
DUPLEX — See definition of "household living."
DWELLING — A building, or portion of a building, designed and used exclusively for residential purposes.
DWELLING UNIT — Any room or group of rooms located within a dwelling and forming a single
habitable unit with facilities that are used or intended for use for sleeping, eating and living purposes.
EATING AND DRINKING ESTABLISHMENT — Sale of prepared food and beverages for on and off
premises consumption. The following are eating and drinking establishment use types:
a) BREWPUB — A facility licensed as a brewpub by the Michigan Liquor Control Commission that
manufactures and sells beer only for consumption on the premises, as well as food for takeout or
consumption on the premises. [Amended 8-20-2012 by Ord. No. 1900]
b) FAST ORDER FOOD, WITHOUT DRIVE-THROUGH — An establishment whose primary
business is the sale of food: a) primarily intended for immediate consumption; b) available within a
short waiting time; and
c) packaged or presented in such a manner that it can be readily eaten outside the premises where it
is sold. Does not include drive-through fast order food establishments.
c) FAST ORDER FOOD, DRIVE-THROUGH — Sale of food directly to patrons in motor vehicles or
to patrons that intend to use the motor vehicle as an eating area. Typically, this use is either dependent
on a long driveway that provides adequate room for vehicle stacking at a drive-up service window or
on a parking area near a walk-up service window.
d) SIT-DOWN RESTAURANT — — Sale of food prepared and served to be generally consumed on
the premises. Typically, clientele does not turn over rapidly. No more than 1/3 of the customer floor
area on any floor level may consist of bar facilities, including alcoholic drink
preparation/storage/serving areas, bar stools or other adjacent sitting areas for consuming drinks, or
adjacent standing areas. No cover charge or other charge for admission is required, and the facility
generally closes by midnight each day. [Amended 1-3-2012 by Ord. No. 1888]
e) TAVERN OR LOUNGE — — An establishment in which alcoholic beverages are served, primarily
by the drink, and where food or packaged liquors may also be served or sold. The service of alcoholic
beverages predominates over the service of food. A cover charge or admission charge is often
included but not exclusively, and the facility is generally open until 2:00 a.m. Entertainment, recorded
or otherwise, is a common feature. [Amended 1-3-2012 by Ord. No. 1888]
f) TEAROOM/CAFE — An eating and drinking establishment that specializes in serving tea and/or
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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.
EFFECTIVE DATE — The date on which this Zoning Ordinance became effective, as stated in § 1.3:
Effective Date.
EMPLOYEE — For the purpose of interpreting, administering and enforcing the provisions of §
4.2B: Adult
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§ 12.3 § 12.3
Regulated Uses, a person who performs any service for any consideration on the premises of an adult
regulated use
on a full-time, part-time, or contract basis, whether or not the person is called an employee, independent
contractor, agent, or otherwise, and whether or not said person is paid a salary, wage, or other compensation
by the operator of said adult regulated use. Employee does not include a person exclusively on the premises
for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the
premises. When used in other contexts, a person who performs services for an establishment for at least
30 hours per week, on average, whether or not the person is called an employee, independent contractor,
agent, or otherwise.
EMPLOYMENT AGENCY PRIMARILY FOR DAY WORKERS — Any person or entity engaged in the
business of providing day workers (laborers) to third-party employers and that charges the third-party
employer for the service of providing day workers for employment offered by the employer. This includes
a labor broker or labor pool.
ENCROACHMENT — Any object including but not limited to banners, signs, street furniture, waste bins,
newspaper boxes, works of art, either permanent or temporarily placed in or above the public right-of-way
on sidewalk, alleys, or streets.
ENGINEER — Any engineer licensed by, or authorized to perform work in, the State of Michigan.
ENTERTAINMENT AND SPORTS, SPECTATOR — Provision of cultural, entertainment, athletic, and
other events to spectators. Typical uses include cinemas, live theaters, sports arenas and stadiums.
a) LIMITED — Those uses conducted within an enclosed building with a capacity of 199 or
fewer people. Typical uses include small theaters and meeting halls.
b) GENERAL — Those uses, whether indoor or outdoor with a capacity of 300 or more people.
ESTABLISHMENT — For the purpose of interpreting administering and enforcing the provisions of §
4.2B: Adult Regulated Uses, the site or premises on which an adult regulated use is located, including
the interior of the establishment or portions of the interior, upon which certain activities or operations are
being conducted for commercial gain.
EXPLOSIVE STORAGE — Storage of any quantity of explosives. Typical uses include storage in the
course of manufacturing, selling, or transporting explosives or in the course of blasting operations.
FAMILY —
a) An individual or group of two or more persons related by blood, marriage, or adoption, together with
foster children and servants of the principal occupants, with not more than one additional unrelated
person, who are domiciled together as a single, domestic, housekeeping unit, or
b) A collective number of individuals domiciled together whose relationship is of a continuing,
nontransient domestic character and who are cooking and living as a single, nonprofit housekeeping
unit. This definition shall not include any society, club, fraternity, sorority, association, lodge,
federation, organization, or group of individuals whose domestic relationship is of a transitory or
seasonal nature, nor shall it include residents of a state-licensed residential facility, except to the
extent permitted by law.
FAST ORDER FOOD — See definition of "eating and drinking establishments."
FINANCIAL, INSURANCE AND REAL ESTATE SERVICES — Financial, insurance, real estate, or
securities brokerage services. Typical uses include banks, insurance agencies and real estate firms.
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FLEET STORAGE — See definition of "vehicle and equipment sales and service."
FLICKER EFFECT — Alternating changes in light intensity caused by the sun shining through the
moving blades of a wind energy system that casts shadows on adjacent properties and objects, such as
the windows of a building.[Added 9-20-2010 by Ord. No. 1872]
FOOD AND BEVERAGE RETAIL SALES — Retail sale of food and beverages for home consumption.
Typical uses include groceries and delicatessens.
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§ 12.3 § 12.3
a) CONVENIENCE STORE — A retail establishment offering for sale food and beverage for off-site
consumption, household items, newspapers and magazines, and other small convenience items
typically found in establishments with long or late hours of operation. A convenience store has a
gross floor area no larger than 5,000 square feet. This definition excludes delicatessens or other
specialty food stores. A convenience store does not offer gasoline products for sale; if gasoline
products are offered for sale, the use shall be classified as gasoline and fuel sales.
b) PACKAGE LIQUOR STORE — A retail sales establishment licensed by the Michigan Liquor
Control Commission selling packaged alcoholic liquors (including beer, wine, and spirituous liquors)
for consumption off-site. This use does not include establishments meeting the definition of a sit-
down restaurant, tavern, lounge, or fast order food establishment.
c) FOOD SALES (GROCERY) — A retail sales establishment selling food and beverages for off-site
preparation and consumption that maintain a sizable inventory of fresh fruits, vegetables, fresh-
cut meats, or fresh seafood and/or specialize in the sale of one type of food item. This use may also
include sales of personal convenience and small household goods. Establishments at which 20% or
more of the transactions are sales of prepared food for on-site consumption shall be classified as
eating and drinking establishments.
FOSTER FAMILY GROUP HOME — See definition of "group
living." FOSTER FAMILY HOME — See definition of "group
living." FRATERNITY OR SORORITY — See definition of
"group living."
FREESTANDING FACILITY — When used in conjunction with § 4.2W: Telecommunications Facilities,
a new tower, monopole, or other unattached structure erected to support wireless communication antennas
and connecting appurtenances.
FUNERAL AND INTERMENT SERVICE — Provision of services involving the care, preparation or
disposition of the dead. The following are funeral and interment services use types:
a) CEMETERIES and MAUSOLEUMS — A parcel of land designated to be used for the burial of
human remains or storage of cremated remains of the dead., include columbaria, crematories,
mausoleums and mortuaries, if operated in connection with, and within the boundaries of such
cemetery.
b) CREMATING — Crematory services involving the purification and reduction of the bodies by fire.
Typical uses include crematories and crematoriums.
c) FUNERAL HOME — Undertaking services such as preparing the dead for burial and arranging and
managing funerals. Typical uses include funeral homes and mortuaries.
GASOLINE AND FUEL SALES — Retail sale, from the premises, of petroleum products with incidental
sale of tires, batteries, and replacement items, lubricating services. Typical uses include automobile service
stations, filling stations and truck stops.
a) WITHOUT VEHICLE SERVICE OR REPAIR — An establishment offering only sales of items listed
above, and not offering or providing any of the types of service listed in the definition of "gasoline
and fuel sales with minor vehicle service or repair below" or any other form of vehicle repair service.
b) WITH MINOR VEHICLE SERVICE OR REPAIR — An establishment offering sales of the items
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listed above that may also provide passenger vehicle minor repair or maintenance services within
completely enclosed buildings. Minor motor vehicle services include quick-lube businesses, brake
and muffler shops, battery and tire service shops and other vehicle maintenance establishments that
do not typically render vehicles inoperable overnight. Minor vehicle service does not include body
or fender bumping or painting shops, major motor repairing businesses, transmission and clutch
repairs, or other types of vehicle repair that typically render vehicles inoperable overnight.
GOVERNMENT OFFICE — Any department, commission, independent agency, or instrumentality of
the United
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§ 12.3 § 12.3
States, of a state, county, incorporated or unincorporated municipality, township, authority, district,
or other
governmental unit.
GREENHOUSE — An establishment where flowers, shrubs, vegetables, trees, and other horticultural and
floricultural products are grown both in open and enclosed buildings.
GROSS FLOOR AREA — The sum of the gross horizontal floor areas including: Areas occupied by
fixtures and equipment for display or sale of merchandise, and mezzanines and other partial floor areas.
Such area shall be measured from the exterior faces of exterior walls or from the center line of walls
separating two buildings or structures, excluding stairwells at each floor, elevator shafts at each floor,
floors or parts of floors devoted exclusively to vehicular parking or loading, and all floors below the first
or ground floor, except when used for or intended to be used for service by customers, patrons, clients,
patients, or tenants.
GROUP LIVING — Residential occupancy of a dwelling unit by other than a household and providing
communal kitchen/dining facilities, for a period that includes overnight lodging. Typical uses include
occupancy of fraternity and sorority houses, nursing/retirement homes, boarding houses and cooperatives.
This use type does not include other group care facilities more specifically defined in this Ordinance.
a) ADULT FOSTER-CARE FAMILY HOME (SIX OR FEWER RESIDENTS) — Residence for
the adult
population in a private home with a design capacity of six or fewer residents (not including staff) that
provides rooms, meals, personal care, and supervision of self-administered medication for five or
more days a week, and for periods of two or more weeks. They may provide other services, such as
recreational activities, financial services, and transportation. The adult foster care family home
licensee must be a member of the household and an occupant of the home.
b) ADULT FOSTER-CARE SMALL GROUP HOME (SIX OR FEWER RESIDENTS) — Residence
for the
adult population with a design capacity of six or fewer residents (not including staff) that provides
rooms, meals, personal care, and supervision of self-administered medication. They may provide
other services, such as recreational activities, financial services, and transportation. The facility need
not be located in a private home, and the licensee and caregivers need not live at the facility.
c) ADULT FOSTER-CARE MEDIUM/LARGE GROUP HOME (SEVEN TO 20 RESIDENTS) —
Residence
for the adult population with a design capacity of more of seven to 20 residents (not including staff)
that provides rooms, meals, personal care, and supervision of self-administered medication. They
may provide other services, such as recreational activities, financial services, and transportation. The
facility need not be located in a private home, and the licensee and caregivers need not live at the
facility.
d) ASSISTED LIVING FACILITY — Residences for the frail elderly that provide rooms, meals,
personal care, and supervision of self-administered medication. They may provide other services,
such as recreational activities, financial services, and transportation. Assisted living facilities do not
include the provision of health services by trained medical professionals on the premises.
e) DORMITORY — A building or portion of a building used by and financially supported by
educational, medical, religious or other public and private institutions of higher learning used for
housing students, but not including hotels, motels or rooming houses (also residence halls).
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f) FOSTER FAMILY GROUP HOME (FIVE TO SIX CHILDREN) — A private home in which five
or six minor children, who are not related to an adult member of the household by blood or marriage
and who are not placed in the household pursuant to the Michigan Adoption Code, Chapter X of the
Probate Code of 1939, 1939 PA 288, MCLA § 710.21 to 710.70, are provided care for 24 hours a day,
for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal
guardian.
g) FOSTER FAMILY HOME (FOUR OR FEWER CHILDREN) — A private home in which one but
not more than four minor children, who are not related to an adult member of the household by blood
or marriage and who are not placed in the household pursuant to the Michigan Adoption Code,
Chapter X of the Probate Code of 1939, 1939 PA 288, MCLA § 710.21 to 710.70, are given care and
supervision for 24 hours a day, for four
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§ 12.3 § 12.3
or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
h) FRATERNITY or SORORITY — A dwelling occupied by members of a fraternity or sorority that
is recognized by a local institution or higher learning.
i) NURSING/CONVALESCENT HOME — A state licensed medical establishment providing
accommodation and care for aged or infirm persons, but not including a facility meeting the definition
of a "hospital."
j) REHABILITATION CENTER (LIVE-IN FACILITIES WITH UP TO SIX BEDS) — A facility that
provides
short-term, primarily in patient care, treatment, and/or rehabilitation services for up to six persons
recovering from mental or physical illness or injury who do not require continued hospitalization but
do require medical or psychiatric treatment. This use does not include facilities meeting the definition
of a "hospital" or "nursing/ convalescent home." A rehabilitation center may include a
nursing/convalescent home that provides all of the following services: (1) physical therapy services,
(2) occupational therapy services, and (3) speech therapy services.
k) ROOMING/BOARDINGHOUSE — Any dwelling or that part of any dwelling or dwelling unit
containing one or more rooming units in which each rooming unit is let for sleeping purposes by the
owner or operator to more than four persons who are not related by blood, marriage or adoption to
the owner or operator. A "rooming unit" means any room or group of rooms forming a single,
habitable unit or intended to be used for living and sleeping but not for cooking or eating purposes.
l) TRANSITIONAL RESIDENCES — A residential facility operated by a government agency or
private, nonprofit organization that provides temporary accommodations and on-site management for
homeless persons and/or homeless families or other persons requiring interim housing arrangements.
GUYED TOWER — See definition of "transmission tower."
HEAVY EQUIPMENT REPAIR — See definition of "vehicle and equipment repair."
HISTORIC RESOURCES — Historic resources are all those currently designated either as districts or
individually, locally or to the National Register of Historic Places; are included in any of the previous
historic resources surveys carried out by the City, or are considered eligible for any of these designations
or surveys.
HOME OCCUPATION — A business, profession, occupation, or trade that is conducted for gain as an
accessory use within a dwelling unit by a resident of the dwelling unit. Home occupations must comply
with those standards and conditions stated in § 4.3G: Home Occupations.
HOTEL — See definition of "lodging."
HOSPITAL — A state licensed medical establishment whose facilities provide in-patient
accommodations; a wide range of medical and surgical care; and other in-patient health services for sick,
ailing or injured persons; and including such related facilities as laboratories, outpatient departments,
training facilities, central services and staff offices and residences that are integral with and accessory to
the principal use of the establishment.
HOUSEHOLD LIVING — A use category including mostly household dwelling, and including
residential occupancy of a dwelling unit by a household with tenancy arranged on a month-to-month or
longer basis.
a) ATTACHED DWELLING — A dwelling containing no less than three nor more than eight dwelling
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units arranged side by side separated from each other by vertical party walls. No portion of a dwelling
unit shall be constructed over or under any portion of an adjoining dwelling unit. No more than one
dwelling unit may be served by a single stairway or by a single exterior door. An attached house may
include condominium units.
b) CLUSTER HOUSING DEVELOPMENT — A residential development in which not all of the lots
comply with minimum lot area and width standards, but in which the development as a whole
conforms to the requirements of § 4.2G: Cluster Housing Developments. A cluster housing
development may include condominium units.
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§ 12.3 § 12.3
c) DETACHED DWELLING — A dwelling containing one dwelling unit, and not attached to any other
structure containing a dwelling unit. A detached house may also include a mobile home, modular
home, manufactured home, or a condominium that meets all requirements of this Ordinance,
including without limitation those use standards for a single-family dwelling contained in § 4.2L:
Detached Dwelling.
d) DUPLEX — A dwelling containing two dwelling units, attached side-to-side or with one dwelling
unit located above the second dwelling unit. A duplex may include condominium units.
e) MULTI-UNIT DWELLING — A dwelling containing three or more dwelling units. A multi-unit
dwelling may include condominium units.
f) MOBILE HOME PARK — A parcel or tract of land under the control of a person where three or more
mobile homes are located on a continual, nonrecreational basis and that is offered to the public for
that purpose regardless of whether a charge is made for use or occupancy of a mobile home or any
portion of the parcel or tract, together with any building, structure, enclosure, street, equipment, or
facility used or intended for use incident to the occupancy of a mobile home.
INDOOR RETAIL SALES AND SERVICE — See definition of "retail sales and service."
INDUSTRIAL, GENERAL — Production, processing, assembling, packaging, or treatment of food and
nonfood products; or manufacturing and/or assembly of electronic instruments and equipment and
electrical devices. General industrial uses do not have nuisance conditions that are detectable from the
boundaries of the subject property. Nuisance conditions can result from any of the following:
a) Continuous, frequent, or repetitive noises or vibrations;
b) Noxious or toxic fumes, odors, or emissions;
c) Electrical disturbances; or
d) Night illumination into residential areas.
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.
INDUSTRIAL, INTENSIVE — Manufacturing, processing, or assembling of materials in a manner that
would create any of the commonly recognized nuisance conditions or characteristics described above in
the "general industrial" use type classification.
KENNEL — See definition of "animal service."
LARGE COLLECTION FACILITIES — See definition of "recycling
facility." LATTICE TOWER — See definition of "transmission tower."
LAUNDRY SERVICE — Laundering, dry cleaning, or dyeing services other than those classified as
"personal services, general". Typical uses include laundry agencies, diaper services and linen supply
services.
LIGHT EQUIPMENT REPAIR — See definition of "vehicle and equipment sales and service."
LODGE, FRATERNAL AND CIVIC ASSEMBLY — Meetings and activities primarily conducted for
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members of such groups. Excludes group living, group care and lodging use types. Typical uses include
meeting places for civic clubs, lodges, or fraternal or veteran organizations.
LODGING — Provision of lodging services on a temporary basis with incidental food, drink, and other
sales and services intended for the convenience of guests. The following are transient habitation use types:
a) BED-AND-BREAKFAST — An establishment located within a detached house that is the principal
residence
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of the operator, where short-term lodging is offered for compensation and that includes the service of one or
more meals to guests.
b) HOTEL — An establishment that does not meet the definition of bed-and-breakfast where (i) short-
term lodging is offered for compensation; and (ii) lodging units are accessed from interior hallways.
Hotel structures are generally more than two stories in height.
c) MOTEL — An establishment that does not meet the definition of bed-and-breakfast where (i) short-
term lodging is offered for compensation; and (ii) lodging units are accessed by exterior doors
opening directly on exterior parking areas or passageways. Motel structures generally do not exceed
two stories in height.
LOT — A parcel of land, utilized in compliance with all the provisions of the Zoning Ordinance. A lot
may or may not be a lot of record. A lot must have at least 20 feet of frontage on a public street or on an
unobstructed and permanent easement to a public street.[Amended 3-19-2007 by Ord. No. 1822]
LOT, DOUBLE FRONTAGE — A lot that fronts on two parallel streets or that fronts on two streets that
do not intersect at the boundaries of the lot (as distinguished from a corner lot).
LOT OF RECORD — A parcel of land, the dimensions of which are shown on a recorded plat on file with
the Kalamazoo County Register of Deeds.
MANUFACTURED HOME — A single-family detached housing unit that is built to the National
Manufactured Housing Construction and Safety Standards of 1974 (42 U.S.C. § 5401), which became
effective June 15, 1976 (i.e., HUD approved). The structure, transportable in one or more sections, that, in
the traveling mode, is eight body feet or more in width or 30 body feet or more in length, or, when erected
on site is 360 or more square feet, and that is built on a permanent chassis and designed to be used for
human occupancy with or without a permanent foundation and includes the plumbing, heating and/or air
conditioning, and electrical systems contained in such structure.
MANUFACTURING AND PRODUCTION, LIMITED — Establishments that do not involve outside
storage of materials, do not require federal air quality discharge permits, are compatible with nearby
residential uses because there are few or no offensive external effects, and are primarily engaged in
one of the following.[Amended 8-20-2012 by Ord. No. 1900]
a) On-site production of goods by hand manufacturing involving use of hand tools or light mechanical
equipment. Products may be finished or semifinished and are generally made for the wholesale
market, for transfer to other plants, for display or sale on site, or to order for customers or firms.
Typical uses include instruction studios, ceramic studios, woodworking and cabinet shops, custom
jewelry manufacturing, and similar types of arts and crafts or small-scale manufacturing; or
b) Manufacturing or assembling of electronic components, medical and dental supplies, computers, or
other manufacturing establishments with similar characteristics; or
c) Craft food and beverage production, generally with a retail sales component on site. Typical uses
include bakeries, microbreweries, wineries, or distilleries, cottage food operations, or packaged foods
from local producers.
MANUFACTURING AND PRODUCTION, TECHNOLOGICAL — Production, processing,
assembling, or packaging of products that rely upon research and technological innovation. Typical uses
include manufacturing research instruments, electronic products, and surgical and medical instruments.
This use type does not include uses that require federal air quality discharge permits.
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MARIHUANA or MARIJUANA — That term as defined in the Public Health Code, MCL 333.1101 et
seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities
Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq.[Added
4-2-2018 by Ord. No. 1957]
MARIHUANA FACILITY — An enterprise at a specific location at which a licensee is licensed to
operate under the Medical Marihuana Facilities Act, MCL 333.27101 et seq., including a marihuana
grower, marihuana
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§ 12.3 § 12.3
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]
a) GROWER — A licensee that is a commercial entity located in this state that cultivates, dries, trims
or cures and packages marijuana for sale to a processor or provisioning center.
1) Class A: A licensed grower who is authorized to grow not more than 500 marihuana plants.
2) Class B: A licensed grower who is authorized to grow not more than 1,000 marihuana plants.
3) Class C: A licensed grower who is authorized to grow not more than 1,500 marihuana plants.
b) PROCESSOR — A licensee that is a commercial entity located in this state that purchases marihuana
from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for
sale and transfer in packaged form to a provisioning center
c) PROVISIONING CENTER — A licensee that is a commercial entity located in this state that
purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to
registered qualifying patients, directly or through the patients' registered primary caregivers.
Provisioning Center includes any commercial property where marihuana is sold at retail to registered
qualifying patients or registered primary caregivers. A noncommercial location used by a primary
caregiver to assist a qualifying patient connected to the caregiver in accordance with the Michigan
Medical Marihuana Act, MCL 333.26421 et seq., is not a provisioning center for purposes of this
article.
d) SAFETY COMPLIANCE FACILITY — A licensee that is a commercial entity that receives
marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for
tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana
to the marihuana facility.
e) SECURE TRANSPORTER — A licensee that is a commercial entity located in this state that stores
marihuana and transports marihuana between marihuana facilitates for a fee.
f) MEDICAL CANNABIS DISPENSARY: A provisioning center operated and whose license to
operate is held solely by one or more registered qualifying patients and/or registered primary
caregivers operating at a fixed location.
MARQUEE — A permanent, roof-like shelter that extends from part or all of a building face and is
constructed entirely of noncombustible materials.
MEDICAL SERVICE — Personal health services including prevention, diagnosis and treatment,
rehabilitation services provided by physicians, dentists, nurses, and other health personnel and medical
testing and analysis services. Typical uses include medical offices, clinics, dental laboratories, and health
maintenance organizations. Excludes use types more specifically classified, such as hospitals.
MICROBREWERY — A small-scale brewer that produces beer for sale on the premises, as well as for
off-site sales, as licensed by the State of Michigan.[Added 8-20-2012 by Ord. No. 1900]
MINI-WAREHOUSES — See definition of "wholesale, storage, and distribution."
MINING — Mining or extraction of mineral or aggregate resources from the ground for off-site use.
Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil and
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gas drilling.
MIXED USE — Whenever the expression "mixed use" is used, it shall refer to the use of land for storage
or parking space accessible to two or more different principal uses on adjacent lands.
MOBILE HOME — A mobile home is a structure, transportable in one or more sections, that is built on
a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to
the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems
contained in the structure.
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§ 12.3 § 12.3
MOBILE HOME PARK — See definition of "household living."
MODULAR HOME — A dwelling unit that consists of building materials commonly used in on-site
construction but that is pre-constructed off site into units and transported to the site on a removable
undercarriage or flat bed and assembled for permanent location on the lot.
MONOPOLE — See definition of "transmission
tower." MOTEL — See definition of "lodging."
MULTI-UNIT DWELLING — See definition of "household living."
MURAL — A design or representation that is either (i) painted, (ii) drawn, or (iii) produced off-site and
affixed in a structurally sound and workmanlike manner on the exterior wall of a building or structure
that does not direct attention to a product, service, place, activity, person, institution, business or
solicitation.[Amended 6-29-2009 by Ord. No. 1854]
NUDITY or STATE OF NUDITY — The knowing or intentional live display of a human genital organ
or anus with less than a fully opaque covering or a female individual's breast with less than a fully opaque
covering of the nipple and areola. Nudity, as used in this chapter, does not include a woman's breastfeeding
of a baby regardless of whether the nipple or areola is exposed during or incidental to the feeding.
NURSING/CONVALESCENT HOME — See definition of "group living."
OFFICE, ADMINISTRATIVE AND PROFESSIONAL — Professional, governmental, executive,
management or administrative offices of private organizations or government agencies. Typical uses
include government offices, administrative offices, legal offices and architectural firms.
OPACITY — The percentage of view blocked by a typical one foot square section of a fence, barrier, or
buffer material. An "opaque" fence or wall is one with opacity of greater than 90%.
OPEN SPACE/NATURE PRESERVE — See definition of "community recreation."
OUTDOOR RETAIL SALES AND SERVICE — See definition of "retail sales and
service."
OWNER — The person having the right of legal title or beneficial interest in or a contractual right to
purchase a parcel of land. For the purpose of providing notices required by this Ordinance, the owner is
the person who last paid taxes on any parcel as identified by property tax records. For purposes of making
applications for approvals under this Ordinance, or responding to notices or enforcement actions under
this Ordinance, the owner may also include a person or entity authorized in writing to appear on behalf of
the person having the right of legal title or beneficial interest in or a contractual right to purchase a parcel
of land. When used in conjunction with § 4.2W: Telecommunications Facilities, a person or entity with
free title or a long-term (exceeding 10 years) leasehold to any parcel of land within the City who desires
to develop, construct, build, modify, or erect a transmission tower upon such parcel of land.
PACKAGE LIQUOR STORE — See definition of "food and beverage retail sales."
PARKING, COMMERCIAL — Facilities that provide parking that is not accessory to a specific use. A
fee may or may not be charged. A facility that provides both accessory parking for a specific use and
regular fee parking for people not connected to the use is also classified as a commercial parking use.
PARKING SPACE — A surfaced area, enclosed in the main building or in an accessory building or
unenclosed, that is designated and used for off-street parking of a motor vehicle.
PARKS/RECREATION FACILITY — See definition of "community recreation."
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PERSON — Any natural person, firm, partnership, association, corporation, company, trust estate, or
other legal entity, private or public, whether for profit or not for profit.
PERSONAL CONVENIENCE SERVICE — Provision of small personal items or consumer-oriented,
personal services that do not include services from a licensed health or mental health care professional.
These include various general retail sales and personal services of a small, neighborhood-scale.
Typical uses include
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§ 12.3 § 12.3
neighborhood grocery stores, drugstores, laundromats/dry cleaners and barbershops.
PERSONAL IMPROVEMENT SERVICE — Informational, instructional, personal improvement, and
similar services. Excludes services classified as "spectator sports and entertainment," "participant sports
and recreation" or "transient habitation." Typical uses include photography studios, driving schools and
weight reducing salons.
PLANNING COMMISSION — The Planning Commission of the City of Kalamazoo.
POSTAL SERVICE — Mailing services and processing as traditionally operated or leased by postal and
parcel service companies.
PRIMARY FACADE — The exterior face of a building that is the architectural and functional front of a
building, and is oriented toward the primary street. A building has only one primary facade.
PRINCIPAL USE — The predominant use or uses to which a lot or structure is devoted.
PROCESSING CENTER — See definition of "recycling facility."
PROVIDER — When used in conjunction with § 4.2W: Telecommunications Facilities, a person in the
business of designing and using telecommunication facilities including cellular radiotelephones, personal
communications services, enhanced/specialized mobile radios, and commercial paging services.
PUBLIC LIBRARY — A library established and operated by an accredited college or university,
community college district, the City, a public school district, or other local unit of government or authority,
or combination of local units of governments and authorities, and whose services are available for use by
the public.[Added 4-2-2018 by Ord. No. 1957]
PUBLIC SAFETY SUBSTATION — A facility that provides protection to a district or entity according
to fire, life, and safety code sections, together with the incidental storage and maintenance of necessary
vehicles, but not including a facility in which only administrative services are provided (i.e. headquarters
offices). Typical uses include fire stations, police stations and ambulance services.
PUBLIC UTILITY — Any person, firm, or corporation, municipal department, board or commission duly
authorized to provide public utilities under federal, state, or municipal regulations, including but not
limited to gas, steam, electricity, sewage disposal, communication, telegraph, and water.
RECYCLING FACILITY — A licensed facility for the collection and/or processing of recyclable
materials, primarily household and communal waste. A recycling facility does not include storage
containers or processing activity located on the premises of a residential, commercial, or manufacturing
use that is used solely for the recycling of material generated by that residential property, business or
manufacturer. A recycling facility does not include scrap or salvage establishments and does not include
the washing of equipment. Recycling facilities may include the following:
a) LARGE COLLECTION FACILITIES — A center for the acceptance by donation, redemption, or
purchase, of recyclable materials from the public occupying an area of more than 500 square feet,
that may or may not include permanent structures.
b) SMALL COLLECTION FACILITIES — A center or facility for the acceptance by donation,
redemption, or purchase, of recyclable materials from the public occupying an area of no more than
500 square feet.
c) PROCESSING CENTER — A building or enclosed space used for the collection and processing of
recyclable materials. Processing means the preparation of material for efficient shipment, or to an
end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding,
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crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
REGULARLY — When used in connection with the terms "regular features," "regularly shown" or similar
terms in § 4.2B: Adult Regulated Uses, a consistent or substantial course of conduct, such that the films
or performances exhibited constitute a substantial portion of the films or performances offered as a part
of the ongoing business of the sexually oriented business.
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§ 12.3 § 12.3
REHABILITATION CENTER — See definition of "group living."
RELIGIOUS ASSEMBLY — Religious services involving public assembly such as customarily occurs
in synagogues, temples, mosques, and churches.
REPAIR SERVICE, CONSUMER — Provision of repair services to individuals and households, but not
to firms. Excludes automotive and equipment use types. This use does not include heavy or light equipment
sales, servicing, or repair. Typical uses include appliance repair shops, locksmiths, shoe and apparel repair
and musical instrument repair.
RESEARCH AND DEVELOPMENT — Research of an industrial or scientific nature generally provided
as a service or conducted by a public agency or private firm. Typical uses include electronics research
laboratories, environmental research and development firms, agricultural and forestry research labs, and
pharmaceutical research labs.
RESTAURANT — An establishment where food and drink are prepared, served, and consumed, mostly
within the principal building.
RETAIL SALES AND SERVICE — Businesses involved in the sale, lease or rent of new or used products
to the general public. Excludes agricultural sales, animal services, automotive and equipment, business
equipment sales and services, construction sales and services, food and beverage retail sales, gasoline
sales and swap meets.
a) INDOOR — The display and sale of products and services shall take place entirely within an enclosed
building or structure. Typical uses in this category include department stores; apparel stores; hobby
stores; bookstores; media stores; and furniture stores.
b) OUTDOOR — Part or all of the display and sale of products and services, may take place outside of
an enclosed building or structure. Typical uses in this category include sales of automobiles, trucks,
motor homes, and other large vehicles; garden supplies, flowers, shrubs, and other plant materials;
gas, tires, and motor oil (not in conjunction with gasoline or fuel sales); farm equipment; burial
monuments; building and landscape materials; and lumber.
RETAIL STORE — Any and all mercantile establishments selling goods, wares or merchandise at
retail or wholesale except as otherwise specified in this Ordinance.
RETENTION BASIN — A pond, pool, or basin used for the permanent storage of water runoff.
ROOFLINE — The top edge of the roof or the top of a parapet, whichever forms the top line of the
building silhouette.
ROOMING/BOARDINGHOUSE — See definition of "group
living." SALES AND GROOMING — See definition of "animal
service."
SCHOOLS — Public and private schools at the primary, elementary, middle, junior high, or high school
level that provide state-mandated basic education.
SCRAP AND SALVAGE OPERATIONS — Storage, sale, dismantling, or other processing of used,
source- separated, or waste materials not intended for reuse in their original form. Typical uses include
automotive wrecking yards, junkyards, and salvage yards, but not recycling facilities.
SEATING CAPACITY — When used in computing required amounts of parking or loading pursuant to §
6.1: Off- Street Parking and Loading, the capacity of a facility to accommodate patrons or visitors,
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measured as follows:
a) If the plans and specifications filed with the Building Inspector specify a certain fixed seating
capacity for a particular building such specified fixed seating capacity shall be used as the basis for
computing the storage or parking area required.
b) If no plans or specifications specifying a seating capacity have been filed with the Building Inspector,
then the number of seats shall be calculated by dividing the lateral length of seating facilities by 20
linear inches.
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§ 12.3 § 12.3
Each twenty-inch length in such measurement shall be counted as one seat.
SEMINUDE OR STATE OF SEMINUDITY — A state of dress in which opaque covering covers no more
than the genitals or anus and nipple and areola of the female breast, as well as portions of the body covered
by supporting straps or devices. This definition shall not include any portion of the cleavage of the human
female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided
that the areola and nipple are not exposed in whole or in part.
SIGN — A structure, device, letter, word, model, banner, balloon, pennant, insignia, emblem, logo,
painting, placard, poster, trade flag or representation, illuminated or nonilluminated, that is visible from a
public place, including, but not limited to, highways, streets, alleys or public property, or is located on
private property and exposed to the public, that directs attention to a product, service, place, activity,
person, institution, business or solicitation.
SIGN, ABANDONED — A sign that no longer correctly advertises or directs a person to a bona fide
business, person, goods, product, activity or service.
SIGN AREA — The entire area within a circle, triangle, parallelogram or any other shape that encloses the
extreme limits of writing, representation, emblem, logo or any other figure or similar character, together
with any frame or other material or color forming an integral part of the display or used to differentiate the
sign from the background against which it is placed, excluding only the structure necessary to support the
sign and decorative elements to enclose sign supports. Where the sign has two or more faces, the area of
all faces shall be included in computing the area of the sign except:
a) If the sign contains two faces, the area of the sign shall be computed as the area of one face; and if
such faces are of an unequal area, the larger of the two faces shall determine the area.
b) If the sign contains more than two faces (for example, a triangular sign with three distinct faces), the
area of the sign shall be computed as the total area of all faces added together.
c) Where a sign consists solely of writing, representation, emblems, logos or any other figure of similar
character that is painted or mounted on the wall of a building or a self-supporting wall or fence, without
a distinguishing border, the area of such sign shall be computed as if it were framed by a border
consisting of horizontal and vertical lines extending not more than six inches from such sign
elements.
SIGN, AWNING — A sign painted on, printed on or attached flat against the surface of an awning.
SIGN, CANOPY — A sign displayed and affixed flat on the surface of a canopy and does not extend
vertically or horizontally beyond the limits of the canopy.
SIGN, CHANGEABLE COPY — Either of the following:[Amended 8-19-2013 by Ord. No. 1912]
a) MANUAL — A sign on which a copy is changed manually, such as header boards with changeable
letters or pictorials; or
b) AUTOMATIC — An electrically controlled sign, where different copy changes are shown on the
same unexposed lamp bank or rotating portion of the face of the sign. The following definitions are
used in association with automatic changeable copy signs:
1) DISSOLVE — A mode of message transition on an electronically changeable copy sign
accomplished by varying the light intensity or pattern, where the first message gradually appears
to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the
second message.
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2) FADE — A mode of message transition on an electronically changeable copy sign accomplished
by varying the light intensity, where the first message gradually reduces intensity to the point of
not being legible and the subsequent message gradually increases intensity to the point of
legibility.
3) FLASH — A mode of message transition on an electronically changeable copy sign
accomplished by
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§ 12.3 § 12.3
varying the light intensity, where the message instantly and repeatedly reduces or increases
intensity.
4) SCROLL — A mode of message transition on an electronically changeable copy sign
accomplished by the movement of a message.
SIGN, COLD-AIR INFLATABLE BALLOON — A temporary/portable sign composed of a nonporous
bag of tough, light material filled with unheated oxygen that may or may not float in the atmosphere.
SIGN, COMMUNITY SPECIAL EVENT — A sign, other than a public building bulletin board, that is
erected for a limited time to call attention to special events of interest to the general public and sponsored
by nonprofit groups, associations or corporations.
SIGN, CONSTRUCTION — A sign identifying the names of the project developers, contractors,
engineers, architects and financial institutions, that is located on a site being developed or improved.
SIGN, DIRECTIONAL — Any sign that serves to designate the location or direction of any place or area
located on the premises on which the sign is located.
SIGN, ELECTION CAMPAIGN — A sign that advocates or opposes a candidate for political office or an
issue to be determined at an official federal, state, county, school or municipal election.
SIGN, FESTOON — A sign consisting of strings of exposed incandescent light bulbs, balloons or strings
of pennants hung overhead to draw attention to items on display or a particular business establishment.
SIGN, FLASHING — A sign (i) that contains an intermittent or flashing, shimmering, or blinking light,
or (ii) that gives the illusion of intermittent or flashing light by means of animation, mirrored surfaces, or
an externally mounted intermittent light source, or (iii) that produces moving images through the use of
video presentations or the creation of animated or moving images (such as "Jumbotron" light signs).
SIGN, FREESTANDING — A sign erected on a freestanding frame, mast, or pole and not attached to a
building.
SIGN, HEIGHT — The vertical distance measured from the ground immediately beneath the sign to the
highest point of the sign or its projecting structure.
SIGN, HELIUM-INFLATABLE BALLOON — A temporary/portable sign composed of a nonporous bag
of tough, light material filled with helium that may or may not float in the atmosphere.
SIGN, ILLUMINATED — A sign that provides artificial light directly on or through any transparent or
translucent material from a source of light connected with such sign, or a sign illuminated by a light source
so obscured and shielded that no direct rays from it are visible from a public right-of-way or from an
abutting property.[Amended 8-19-2013 by Ord. No. 1912]
SIGN, MARQUEE — A sign displayed on a marquee and does not extend vertically or horizontally
beyond the limits of the marquee.
SIGN, NONCONFORMING — A sign that lawfully occupies a building or land that does not conform to
the regulations of the zoning district in which it is located.
SIGN, OFF-PREMISES — A sign other than an on-premises sign.
SIGN, OFF-PREMISES DOUBLE-FACED — An off-premises sign containing not more than two
sign faces located back-to-back and parallel to each other on the same structure.
SIGN, OFF-PREMISES STRUCTURE — A freestanding column, including associated supports and
framework, that supports an off-premises sign independent of any building.
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SIGN, ON-PREMISES — A sign identifying or advertising a business, person, activity, or service located
on the premises where the sign is located.
SIGN, PERMANENT — Any sign that does not meet the definition of a "sign, temporary/portable."
SIGN, PROJECTING — A sign, other than a wall or marquee sign, that is perpendicularly attached to and
projects from a structure or building face.
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§ 12.3 § 12.3
SIGN, REAL ESTATE — A sign pertaining to the sale, lease, or rental of a building or land.
SIGN, ROOF — A sign erected upon, against or directly above a roof, or on top of or above the parapet
of a building.
SIGN, SANDWICH BOARD — A temporary A-frame sign, not secured or attached to the ground or any
building or structure, composed of a sign panel and supporting structure or one or more panels that form
both the structure and sign face, and that is intended to be placed in a sidewalk or pedestrian way.
SIGN, SPECIAL EVENT — A temporary sign that advertises a special event. This does not include signs
held or supported by a human or animal, which are not permitted.
SIGN, SPECIAL PURPOSE OR SEASONAL — A sign, other than an on- or off-premises sign, including,
but not limited to, traffic signs, rest room signs, vending machines, door-opening directions, residential
merchandise sales signs, organizations and signs, such as Christmas decorations, used for a historic holiday
and installed for a limited period of time.
SIGN, SUBDIVISION — A sign that advertises a residential or commercial subdivision.
SIGN, SWINGING — A sign, installed on an arm or spar, that is not permanently fastened to an adjacent
wall or upright pole and is prohibited.
SIGN, TEMPORARY/PORTABLE — A sign and sign structure (a) that is not constructed or intended
for long term use in a fixed location, or (b) that is designed to facilitate the movement of the sign from
one location to another, or (c) that is not permanently affixed including, but not limited to, devices, such
as balloons or other inflatable devices, flags, streamers, searchlights, twirling or sandwich signs, banners,
posters, sidewalk or curb signs, signs mounted on or affixed to trailers or wheels of any type and strings of
lights, but not including a seasonal sign. The sign may or may not have wheels, changeable letters and/or
hitches for towing.
SIGN, WALL — A sign that is painted or attached directly to the wall or other exterior surface of a
building, or is directly visible through and attached to the inside or outside of a window of a building, and
that does not project more than 18 inches from the exterior surface, with the face of the sign running on a
parallel plane to the exterior surface of the building wall.
SIT-DOWN RESTAURANT — See definition of "eating and drinking
establishments." SMALL COLLECTION FACILITIES — See definition of
"recycling facility." SPECIFIED ANATOMICAL AREAS — Portions of the
human body defined as follows:
a) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female
breast below the point immediately above the top of the areola;
b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES — The explicit display of one or more of the following:
a) Human genitals in a state of sexual stimulation or arousal;
b) Acts of human masturbation, sexual intercourse, or sodomy;
c) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
SPORTS AND RECREATION, PARTICIPANT — Provision of sports or recreation primarily by and for
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participants. (Spectators would be incidental and on a nonrecurring basis). The following are participant
sports and recreation use types (for either general or personal use):
a) INDOOR — Those uses conducted within an enclosed building. Typical uses include bowling
alleys, billiard parlors, swimming pools and physical fitness centers.
b) OUTDOOR — Those uses conducted in open facilities. Typical uses include driving ranges,
miniature golf
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§ 12.3 § 12.3
courses and swimming pools.
STEALTH — When used in conjunction with § 4.2W: Telecommunications Facilities, any transmission
tower or telecommunications facility that is designed to enhance compatibility with adjacent land uses,
including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into
architectural elements, and transmission towers designed to look other than like a transmission tower such
as light poles, power poles, and trees. The term "stealth" does not necessarily exclude the use of
uncamouflaged lattice, guyed or monopole transmission tower designs.
STORAGE OF VEHICLES AND BOATS — See definition of "vehicle and equipment sales and service."
STORY — That portion of a building between a floor and the floor or roof next above it. A basement shall
be counted as a story if its ceiling is over four feet above the average adjoining ground surface. An attic
is to be counted as a story if it is occupied as a dwelling unit, or a part of a dwelling unit, or used for
business sales or showrooms.
STRUCTURE — Anything built or constructed, an edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite manner.
STRUCTURAL ALTERATION — Any change in the supporting members of a building, bearing walls,
columns, beams or girders, or any expansion or addition to the floor space of a building by the addition of
bearing walls, columns, beams or girders.
SUBSTANTIALLY ALTERED — When used in connection with Chapter 7 (Signs), a change in a sign
or sign structure, as differentiated from maintenance or repair, including a change in height, location, area,
shape or material, except that which occurs in manual or automatic changeable-copy signs.
TAVERN or LOUNGE — See definition of "eating and drinking
establishments." TEAROOM/CAFE — See definition of "eating and
drinking establishments."
TELECOMMUNICATIONS FACILITIES — When used in conjunction with § 4.2W:
Telecommunications Facilities, any cables, wires, lines, wave guides, antennas and any other equipment
or facilities associated with the transmission or reception of communications that a person seeks to locate
or has installed upon or near a transmission tower or antenna support structure. However, the term
telecommunications facilities shall not include any satellite earth station antenna one meter or less in
diameter, regardless of zoning category.
TEMPORARY USE — A use approved by the Zoning Board of Appeals to exist for a defined period of
time.
TRANSIENT MERCHANT — A person or entity engaged in the sale or goods or the provision of services
for payment or benefit, but who has no fixed place of business. Transient merchants are required to obtain
a permit to do business from the City Clerk's office, and to maintain such permit in good standing at all
times when business is conducted.
TRANSITIONAL RESIDENCES — See definition of "group living."
TRANSMISSION TOWER — When used in conjunction with § 4.2W: Telecommunications Facilities,
the monopole or lattice framework designed to support transmitting and receiving antennas. For the
purposes of this section, amateur radio transmission facilities are not "transmission towers." Transmission
towers include:
a) GUYED TOWER — A tower that is supported by the use of cables (guy wires) that are
A:207
Page 845 of 885
permanently anchored;
b) LATTICE TOWER — A tower characterized by an open framework of lateral cross members that
stabilize the tower; and
c) MONOPOLE — A single upright pole, engineered to be self supporting and does not require lateral
cross supports or guys.
UTILITIES AND PUBLIC SERVICE — Services and public utilities that have substantial impacts. Such
uses may be permitted when the public interest supersedes the usual limitations placed on land use and
transcends the usual
A:208
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§ 12.3 § 12.3
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
VEHICLE AND EQUIPMENT SALES AND SERVICE — Sales of motor vehicles or services related to
motor vehicles. The following are vehicle and equipment sales and service use types:
a) CAR WASH — Washing and polishing of automobiles. Typical uses include automatic and hand car
washes.
b) FLEET STORAGE — Fleet storage of vehicles used regularly in business operation and not available
for sale, or long-term storage of operating vehicles. Typical uses include taxi fleets, mobile-catering
truck storage, and auto storage garages.
c) HEAVY EQUIPMENT REPAIR — Repair of trucks and other heavy equipment as well as the sale,
installation, or servicing of automotive equipment and parts together with body repairs, painting, and
steam cleaning. Typical uses include engine repair shops, body shops and motor freight maintenance
groups.
d) LIGHT EQUIPMENT REPAIR — Repair of automobiles and the sale, installation, and servicing of
automobile equipment and parts but excluding body repairs and painting. Typical uses include muffler
shops, auto or motorcycle repair garages and auto glass shops.
e) HEAVY EQUIPMENT SALES/RENTALS — Sale, retail or wholesale, and/or rental from the
premises of heavy construction equipment, trucks, and aircraft, together with incidental maintenance.
Typical uses include heavy construction equipment dealers and tractor trailer sales.
f) LIGHT EQUIPMENT SALES/RENTALS (INCLUDING AUTOMOBILES) — Sale, retail,
wholesale, or
rental from the premises of autos, noncommercial trucks, motorcycles, trailers with less than 10,000
pounds gross cargo weight, motor homes and boat dealers, together with incidental maintenance.
Typical uses include automobile and boat dealers, car rental agencies and recreational vehicles sales
and rental agencies.
g) STORAGE OF NONOPERATING VEHICLES — Storage of nonoperating motor vehicles. Typical
uses include storage of private parking towaways and impound yards.
h) STORAGE OF RECREATIONAL VEHICLES AND BOATS — Storage of recreational vehicles
and boats. Typical uses include the collective storage of personal recreational vehicles and boats.
VETERINARY CLINIC — See definition of "animal
service." VETERINARY HOSPITAL — See definition of
"animal service."
WHOLESALE, STORAGE, AND DISTRIBUTION — Wholesaling, storage, distribution, and handling
of materials and equipment other than live animals and plants. The following are wholesaling, storage and
distribution use types:
a) MINI-WAREHOUSES — Storage or warehousing service within a building for individuals to store
personal effects and for businesses to store materials for operation of an industrial or commercial
enterprise elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of
A:209
Page 847 of 885
stored materials by the tenant; but in no case shall storage spaces in a mini-warehouse facility function
as an independent retail, wholesale, business, or service use. Spaces shall not be used for workshops,
hobby shops, manufacturing, or similar uses. Human occupancy shall be limited to that required to
transport, arrange and maintain stored materials.
b) LIGHT — Wholesaling, storage, and warehousing services within enclosed structures. Typical uses
include wholesale distributors, storage warehouses and moving and storage firms.
c) HEAVY — Open-air storage, distribution, and handling of materials and equipment, or bulk storage
of fuel. Typical uses include monument or stone yards, grain elevators and large-scale fuel storage.
WIND ENERGY UNIT — A wind energy conversion system that converts wind energy into electricity
through the
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Page 848 of 885
§ 12.3 § 12.3
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]
a) BUILDING-MOUNTED WIND ENERGY UNIT — A wind energy structure that is installed on the
top of a building roof or attached to the side or rear of a building.
b) SMALL, FREESTANDING WIND ENERGY UNIT — A monopole or tubular-designed wind
energy structure with a maximum height of 60 feet.
c) LARGE, FREESTANDING WIND ENERGY UNIT — A monopole or tubular-designed wind
energy structure with a maximum height of 200 feet.
d) MULTIPLE WIND ENERGY UNITS — Grouping of monopole or tubular-designed, freestanding
wind energy structures that are allowed on multi-acre parcels.
e) BREAKING/FEATHERING SYSTEM — A system included in a wind energy structure that
prevents uncontrolled rotation, over-speeding, and excessive pressure on the tower facility, rotor
blades, and other wind energy components to promote safe and efficient operation.
YARD, FRONT — That area measured by the full width of the front lot line to a depth measured from
said front lot line to the first supporting member of a structure. In the case of corner lots, the front yard
shall be the area measured by the lot lines on each street to a depth measured from said lot lines to the first
supporting member of the structure.
YARD, REAR — That area measured by the full width of the rear lot line to a depth measured from said
rear lot line to the rear-most supporting member of a structure.
YARD, SIDE — An open space unoccupied and unobstructed from the ground upward between the
building and the side lot line extending from first supporting member of a structure in the front to the rear-
most supporting member of a structure.
ZONING BOARD — The Zoning Board of Appeals of the City of Kalamazoo.
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ORDINANCE NO. ________________
AN ORDINANCE TO REPEAL SECTION 6.6(A) – (K) AND 6.6 (M) OF CHAPTER 6

“GENERAL DEVELOPMENT STANDARDS” AND RENUMBER SECTION 6.6(L) OF
CHAPTER 6 “GENERAL DEVELOPMENT STANDARDS” OF APPENDIX A OF THE
KALAMAZOO CITY CODE OF ORDINANCES
Section 1. Sections 6.6 (A) – (K) and 6.6(M) of Chapter 6 “General Development
Standards” of Appendix A “Zoning” of the Kalamazoo City Code of Ordinances are repealed in
their entirety.
Section 2. Section 6.6(L) of Chapter 6 of Appendix A of the Kalamazoo City Code of

Ordinances shall be renumbered Section 6.6(A).


ordinance amending Section 21-3(A) of the Kalamazoo City Code of Ordinances to add
subsections 10-14 to is adopted by the City Commission on or before November 30, 2023.
CERTIFICATE
Page 850 of 885

of said City.
_________________________________
_________________________________
Page 851 of 885

ORDINANCE NO. ________________
AN ORDINANCE TO AMEND SECTION 21.3(A) “GENERAL PUBLIC NUISANCES’ OF THE

KALAMAZOO CITY CODE OF ORDINANCES
Section 1. Amendment of Section 21.3(A), “General Public Nuisances” of the

Kalamazoo City Code of Ordinances. Existing Section 21.3(A), “General Public Nuisances” of
the Kalamazoo City Code of Ordinances is amended to add new subsections 10 through 14 at
the end of that Section to read as follows:
(10) Junk automobiles.
(11) 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.
(12) 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.[1] Explosives where the primary purpose
is for combustion as defined in Explosive Act of 1970, as amended,[2] shall be
prohibited on site.
[1]Editor's Note: See MCLA § 29.1 et seq.
[2]Editor's Note: See MCLA § 29.41 et seq.
(13) 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 above).
(14) 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
Page 852 of 885

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.
(15) 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.

ordinance repealing Sections 6.6 (A) – (K) and 6.6(M) of Chapter 6 “General Development
Standards” of Appendix A “Zoning” of the Kalamazoo City Code of is adopted by the City

CERTIFICATE
of said City.
_________________________________
Page 853 of 885

_________________________________
Page 854 of 885

ORDINANCE NO. ________________
AN ORDINANCE TO REPEAL SECTIONS 9.70, 9.71, 9.72, 9.73, 9.74, 9.75, AND 9.76,
REGULATING AND CONTROLLING THE DESIGN, QUALITY OF MATERIALS,
CONSTRUCTION LOCATION, ELECTRIFICATION AND MAINTENANCE OF ALL SIGNS
AND SIGN STRUCTURES NOT LOCATED IN A BUILDING OF THE KALAMAZOO CITY
CODE OF ORDINANCES AND ADOPTING A NEW 9.70, 9.71, 9.72, 9.73, 9.74,
Section 1. Sections 9.70, 9.71, 9.72, 9.73, 9.74, 9.75, and 9.76 regulating and controlling
the design, quality of materials, construction location, electrification and maintenance of all signs
and sign structures not located in a building of the Kalamazoo City Code of Ordinances are
repealed in their entirety.
Section 2. Adoption of New Sections 9.70, 9.71, 9.72, 9.73, 9.74, 9.75, and 9.76 of the
Kalamazoo City Code of Ordinances. New Sections 9.70, 9.71, 9.72, 9.73, 9.74, 9.75, and
9.76 regulating and controlling the design, quality of materials, construction location, electrification
and maintenance of all signs and sign structures not located in a building is adopted to read in its
entirety as attached in Exhibit A Article 2-9 Building Code – Signs.


Section 6. Effective Date. This ordinance shall take effect from and after 10 days from
the date of its passage pursuant to Section 13(a) of the City Charter.
CERTIFICATE
Page 855 of 885

of said City.
_________________________________
_________________________________
Page 856 of 885

§ 9-70Purpose; scope; general restrictions.
[Amended 6-19-2006 by Ord. No. 1804]
A.
The purpose of this division is an exercise the City’s police powers to provide
minimum standards to safeguard life, health, property and public welfare by
regulating and controlling the designthe design, quality of materials,
construction location, electrification and maintenance of all signs and sign
structures not located in a building.
B.
No sign shall be erected in such a manner as to confuse or obstruct the view or
interpretation of any official traffic sign or device.
C.
This division shall not permit a violation of any of the provisions of another lawful
ordinance. In the event of a conflict between the terms and language used in
this division and those used in Chapter 50, “Zoning CodeOrdinance” the latter
shall control.
§ 9-71Permits; fees; inspections.
A.
Compliance and permit required. It shall be unlawful for any person to erect, re-
erect, alter or relocate any sign except as provided by this division unless a
permit for the same has been issued by the Building Official. In addition,
electrical permits shall be obtained for electric signs. The alteration, repair or
remodeling of a sign which requires removal of the sign from its supporting
structure or framework shall requires a permit from issued by the building
sectionCity. If such an alteration, repair or remodeling can be made done
without taking the sign down, no permit shall be isrequired; but the division
Building Official shall be notified of suchbefore the commencement of the work.
(1)
Every permit issued by the Building Official under the provisions of this division
shall expire by limitation and become null and void if the work authorized by
such permit is not commenced within 60 days from the date it is issued, or if the
work authorized by such permit is suspended or abandoned for a period of 60
days at any time after the work is commenced. Before such work can be
recommended, a new permit shall be first obtained to do so; and the fee therefor
shall be equal to the fee required for a new permit for such work; provided that
Page 857 of 885

no changes have been made or will be made in the original scope of work and
type of sign.
(2)
In the instances when delays in starting or continuing work within the described
time frames are for circumstances beyond the control of the permittee holding
the permit, the Building Official may extend the time for action by the permittee
for a period not exceeding 30 days if such extension is requested in writing by
the permittee. No permit shall be extended more than once.
B.
Permit application. Applications for sign permits shall be made in writing upon
forms furnished by the City either online or from the Building Official.
[Amended 6-19-2006 by Ord. No. 1804]
C.
Signs in historic districts. All existing and proposed signs located in local
designated historic districts shall be reviewed and approved by the Historic
District Commission prior to any installation, alteration, sign-face change or
removal.
D.
Exemptions. No permit is required for the following signs, but this exemption
shall not be construed as relieving the owner of the sign from the responsibility
of its erection and maintenance or its compliance with this division or any other
law or ordinance regulating the same. Also see Chapter 7 of the Zoning
Ordinance (Appendix A) of the Code of Ordinances:
(1)
Memorial tablets and historical markers attached to, embossed or engraved on
the facade of a building or incorporated into the architecture of the building.
(2)
Signs painted on or permanently attached to motor vehicles which are legally
licensed for and primarily used for transportation, provided that no such vehicle
is parked on the premises for the primary purpose of advertising any product or
services offered.
(3)
Special purpose signs, including:
(a)
Parking lot identification and directional signs as follows:
[1]
Page 858 of 885

Two freestanding signs, each not exceeding four square feet in area or four feet
in height, which may be located in the setback area at each driveway entrance
or exit and not less than three feet from the lot line.
[2]
Such a sign may be internally illuminated.
[3]
No obstructions of traffic or other hazardous condition shall be created by such
sign.
[4]
The name of the business offering the parking may be identified on the sign,
but in no instance shall it occupy more than 1/3 of the copy area.
(b)
Residential nameplate and house numbers, either of which may be illuminated,
on buildings or poles not exceeding six feet in height.
(c)
Signs not exceeding two square feet in area containing only noncommercial
messages designating such things as rest room locations, telephones and
prohibition of trespassing or dumping.
(4)
Official signs used by governmental agencies, including, but not limited to, the
following:
(a)
Legal notices.
(b)
Traffic signs in accordance with the requirements of the Michigan Manual of
Uniform Traffic Control Devices.
(c)
Danger and other emergency signs.
(d)
Railroad crossings.
(e)
Signs identifying parks or park rules.
(f)
Page 859 of 885

Historical markers.
(5)
Community special event signs as approved by the City Commission.
(6)
Signs required by law for the operation of a service station, including lettering,
insignias, warnings and other information required on each pump.
(7)
Real estate signs.
(8)
"Open house" directional signs.
(9)
Election campaign signs.
E.
Fees. Sign permit fees shall be as prescribed by resolution of the City
Commission.
F.
Inspections.
(1)
All work on signs for which a permit is required under this section shall be
subject to inspection by the Building Official.
(2)
Footing inspections may be required by the Building Official for all signs having
footings.
(3)
All signs containing electrical wiring shall be subject to the provisions of the
electrical code of the City (§ 9-98 et seq. of this Code), and the electrical
components used shall bear the label of an approved testing agency.
(4)
Signs which are unsafe shall be ordered removed or repaired immediatelywithin
30 days of the issuance by the Building Official of a written order to repair or
remove the sign, depending wholly upon the condition of the sign.. It shall be
unlawful a municipal civil infraction for any person to fail to comply with such an
order to repair or remove any sign.
Page 860 of 885

(5)
A sign may be reinspected at the discretion of the Building Official.
§ 9-72(Reserved) [1]
[1]
Editor's Note: Former § 9-72, Sign erector's license, was repealed 6-19-2006 by
Ord. No. 1804.
§ 9-73Projections over public rights-of-way.

[Amended 6-19-2006 by Ord. No. 1804]
A.
Signs may be allowed to project into, or be erected over, or placed in the public
right-of-way when permitted by Appendix A, the Zoning Ordinance of the Code
of Ordinances, and approved a license to do so is issued by the City. Signs
projecting over the public right-of-way shall be erected only by licensed sign
erectors.
(1)
The owner of every sign projecting into the public right-of-way shall be required
to obtain from the building section an annual permit for such sign. The fee for
such permit shall be as prescribed by resolution of the City Commission.
(2)
The permit provided for this section shall expire on the first day of November of
each year and shall be renewed within 30 days from that date.
(3)
In case a permit required by this section is not renewed within 60 days after its
expiration, the Building Official shall be empowered to remove or cause to be
removed the sign covered by such permit. The City may bill the permit holder
for any costs associated with removal of the sign.
(a)
Any wall or flat sign which extends from the building or structure on which it is
mounted a distance of 18 more than 12 inches or more over public property, or
which extends over public property and has a space between it and the building
of three inches or more shall be considered to be a sign projecting over the
public right-of-way shall require a license to do so from the City.
(b)
Page 861 of 885

No sign projection over a sidewalk used by the public shall be less than 11 8
feet in the clear above the sidewalk on streets and not less than 15 feet above
the sidewalk in alleys.
(c)
Signs projecting over a public thoroughfare shall be kept at least three feet back
of the curbline unless more restrictive requirements are applicable and set forth
elsewhere; in which case, the more restrictive requirement shall control.
§ 9-74Design.
A.
Generally. Signs and sign structures shall be designed and constructed to resist
wind and seismic forces as specified in this section. All bracing systems shall
be designed and constructed to transfer lateral forces to the foundations. For
signs on buildings, the dead and lateral loads shall be transmitted through the
structural frame of the building to the ground in such a manner as not to
overstress any of the elements thereof.
(1)
The overturning movement produced from lateral forces shall in no case exceed
2/3 of the dead load-resisting movement. Uplift due to overturning shall be
adequately resisted by proper anchorage to the ground or to the structural
frame of the building. The weight of earth superimposed over footings may be
used in determining the dead load-resisting movement. Such earth shall
carefully placed and thoroughly compacted.
B.
Wind loads. Signs and sign structures shall be designed and constructed to
resist wind forces as specified in the adopted building code of the City.
C.
Seismic loads. Signs and sign structures shall be designed and constructed to
resist seismic forces as specified in the adopted building code of the City.
D.
Combined loads. Wind and seismic loads need not be combined in the design
of signs or sign structures; only that loading producing the larger stresses need
be used. Vertical design loads, except roofline loads, shall be assumed to be
acting simultaneously with the wind or seismic loads.
E.
Allowable stresses. The design of wood, concrete, steel or aluminium members
shall conform to the applicable requirements of the adopted building code of the
Page 862 of 885

City. Loads, both vertical and horizontal, exerted on the soil shall not produce
stresses exceeding those specified in such code. Working stresses for wind or
seismic loads combined with dead loads may be increased as specified in such
code.
§ 9-75Construction.
A.
Generally. The supports for all signs or sign structures shall be placed in or
upon private property whenever possible and shall be securely built,
constructed and erected in conformity with this division.
B.
Materials. Construction materials for signs and sign structures shall be of the
quality and grade as specified for buildings in the adopted building code of the
City. All signs that project into the public right-of-way shall be constructed of
noncombustible materials, except for approved plastics, and as otherwise
provided in the allowable plastics, and as otherwise provided in the allowable
materials in the adopted building code of the City.
(1)
Anchors and supports, when of wood and embedded in the soil or within six
inches of the soil, shall be of all heartwood of a durable species or shall be
pressure-treated with an approved preservative. Such members shall be
marked or branded by an approved agency as recognized under the building
code.
C.
Nonstructural trim. Nonstructural trim may be of wood, metal, approved plastics
or any combination thereof.
D.
Anchorage. Members supporting unbraced signs shall be so proportioned that
the bearing loads imposed on the soil in either direction, horizontal or vertical,
does not exceed the safe values. Braced ground signs shall be anchored to
reset the specified wind or seismic load acting in any direction. Anchors and
supports shall be designed for safe-bearing loads on the soil and for an effective
resistance to pullout amounting to a force 25% greater than the required
resistance to overturning. Anchors and supports shall penetrate to a depth
belowground greater than that of the frostline.
(1)
Page 863 of 885

Signs attached to masonry, concrete or steel shall be safely and securely
fastened thereto by means of metal anchors, bolts or approved expansion
screws of sufficient size and anchorage to safely support the loads applied.
(2)
No wooden blocks or plugs or anchors with wood used in connection with
screws or nails shall be considered proper anchorage except in the case of
signs attached to wood framing.
(3)
No anchor or support of a sign shall be connected to or supported by an
unbraced parapet wall, unless such wall is designed in accordance with the
requirements for parapet walls specified for seismic zones in the adopted
building code of the City.
E.
Approved plastics. The Building Official shall require that sufficient technical
data be submitted to substantiate the proposed use of any plastic material; and,
if it is determined that the evidence submitted is satisfactory for the use
intended, the Building Official may approve its use.
§ 9-76Clearance.
A.
Generally. Signs shall conform to the clearance requirements of this section.
B.
Clearance from high voltage power lines. Signs shall be located not less than
six feet horizontally or 12 feet vertically from overhead electrical conductors
which are energized in excess of 750 volts. As used in this subsection,
"overhead conductors" means any electrical conductor, either bare or insulated,
installed above the ground, except such conductors as are enclosed in iron pipe
or other material covering of equal strength.
C.
Clearance from fire escapes, exits or standpipes. No sign or sign structure shall
be erected in such a manner that any portion of its surface or supports will
interfere in any way with the free use of any escape, exit or standpipe.
D.
Openings. No sign shall obstruct any opening to such an extent that light or
ventilation is reduced to a point below that required by the adopted building
code of the City.
Page 864 of 885

§ 9-77(Reserved) [1]
[1]
Editor's Note: Former § 9-77, Abandoned signs, as was repealed 6-19-2006 by Ord.
No. 1804.
§ 9-77.1(Reserved) [1]
[1]
Editor's Note: Former § 9-77.1, Violations, was repealed 6-19-2006 by Ord. No.
1804.
§ 9-77.2Fees for actions governed by this division.
A.
The Kalamazoo City Commission may,shall by resolution, establish reasonable
fees for covering the costs of actions taken with regard to a sign or sign structure
governed by all or part of this division of the City Code.
B.
The costs shall be a lien against the real property and shall be reported to the
assessing officer of the City who shall assess the cost against the property on
which the sign or sign structure is or was located.
C.
The owner or party in interest in whose name the property appears upon the
last local tax assessment record shall be notified of the amount of the costs
referred to in Subsection B, by first-class mail at the address shown on the
record. If he fails to pay the same within 30 days after mailing by the assessor
of the notice of the amount thereof, the Assessor shall add the same to the next
tax roll of the City; and the same shall be collected in the same manner in all
respects as provided by law for the collection of taxes.
Page 865 of 885

ORDINANCE NO. ________________
AN ORDINANCE TO REPEAL SECTION 7.1, “KEEPING OF RABBITS AND POULTRY OF

THE KALAMAZOO CITY CODE OF ORDINANCES
Section 1. Section 7.1, “Keeping Of Rabbits And Poultry” of the Kalamazoo City Code
of Ordinances is repealed in its entirety.


ordinance revoking Chapter 50 “Zoning” to the City Code of Ordinances and adopting a new
Chapter 50 “Zoning” of the Kalamazoo City Code of Ordinances is adopted by the City
CERTIFICATE
of said City.
_________________________________
_________________________________
Page 866 of 885

ORDINANCE NO. ________________
AN ORDINANCE TO REPEAL SECTIONS 3-2, 3-3, AND 3-7, AND AMEND 3-4, 3-8, AND 3-9
OF CHAPTER 3, “ADVERTISING” OF THE KALAMAZOO CITY CODE OF ORDINANCES
Section 1. Existing Section 3-2, 3-3, and 3-7 of Chapter 3, “Advertising” of the Kalamazoo
City Code of Ordinances are repealed in their entirety.
Section 2. Sections 3-4, 3-8, and 3-9 of Chapter 3 “Advertising” are amended so that
after amendment those Sections read as follows:
§ 3-4 Placing advertising matter in or on parked vehicles.

It is unlawful for any person to place, fasten or put, or cause to be placed, fastened or put,
any advertisement, handbill, poster, card, or sign in or upon any automobile, truck, bus,
or other vehicle parked or standing in or upon any of the public streets, alleys or public
places of the City, without the consent of the owner of such automobile, truck, bus, or
other vehicle.
§ 3-8 Obscene, indecent, etc., advertising.

No person shall post, place, expose to public view any obscene, or indecent advertising
matter, poster, placard, billboard, or sign. As used in the Section, the phrase “indecent
advertising matter” means words describing or an image depicting less than completely
and opaquely covered human genitals, pubic area, buttocks, anus, anal cleft, or female
breasts below a point immediately above the top of the areola; or human male genitals in
a discernibly turgid state, even if covered.
§ 3-9 False and misleading advertising.

It shall be unlawful for any person on any billboard, sign, or other advertising medium, or
by means of any electric sign, window sign, to make or disseminate, or cause to be made
or disseminated, any statement or assertion of fact in explaining or in any manner
concerning any merchandise offered for sale, barter or trade, or any services, professional
or otherwise, offered to be furnished, which statement or assertion of fact is untrue in any
respect or calculated to mislead or misinform.

Page 867 of 885

Section 5. Effective Date. This ordinance shall take effect from and after 10 days from
the date of its passage pursuant to Section 13(a) of the City Charter.
CERTIFICATE
of said City.
_________________________________
_________________________________
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City of Kalamazoo
PLANNING COMMISSION
Meeting Minutes
September 07, 2023
DRAFT
Members Present: Brian Pittelko; David Burgess; Jennifer Swan; Christine Dascenzo; Shardae
Chambers; Gregory Milliken, Chair; Mitchell Curtiss; *Michael Harrison
Members Excused: James Pitts
City Staff: Christina Anderson, City Planner; Bobby Durkee, Assistant City Planner; Beth
Cheeseman, Executive Administrative Assistant; Charlie Bear, Assistant City
Attorney
A. CALL TO ORDER/ROLL CALL
Commissioner Milliken called the meeting to order at 7:00 p.m.
Planner Durkee proceeded with roll call and determined there was a quorum.
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B. ADOPTION OF FORMAL AGENDA
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Commissioner Swan, seconded by Commissioner Pittelko, moved approval of the September 7,
2023, Planning Commission agenda as presented. With a voice vote, the motion carried
unanimously.
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C. APPROVAL OF MINUTES
Commissioner Curtiss, seconded by Commissioner Burgess, moved approval of the July 20, 2023,
minutes as presented. With a voice vote, the motion carried unanimously.
Commissioner Burgess, seconded by Commissioner Swan, moved approval of the August 3, 2023,
minutes as presented. With a voice vote, the motion was carried unanimously.
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D. COMMUNICATIONS AND ANNOUNCEMENTS
Planner Durkee announced that all communications were included in the packet.
Commissioner Milliken gave instructions on how to give in-person and call-in comments.
E. PUBLIC HEARINGS
1. PC 2023.05 A Recommendation to the City Commission to Approve Text Amendments to

Chapter 50 Zoning Ordinance & Appendix A Zoning and Updates to the Zoning Map.
Planner Anderson shared that the public hearing was a culmination of months of work and engagement on
the commercial zoning code. She said that zoning and the Master Plan were intended to align with each
other. The zoning code should implement the Master Plan vision at least as it relates to land use and
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Planning Commission
September 7, 2023
Page 2 of 9
some transportation tasks. Planner Anderson shared that staff took on the task of updating the zoning
code because the Master Plan specifically listed it as an action. She explained the five Strategic Visions
relating to zoning work: 1. Good Governance, 2. Complete Neighborhoods, 3. Connected City, 4.
Economic Vitality, 5. Environmental Responsibility. Planner Anderson outlined the incremental manner
in which they had been revising the zoning code.
*Commissioner Harrison entered the meeting at this time.
Planner Anderson spoke about the process used to revise the commercial zoning code. She explained
staff use of the Public Participation Policy (PPP) which helped choose the level of engagement and
activities. These activities included: online interactive zoning map and drafts; outreach meetings across
the City; presentations and discussions with Boards (Natural Features Protection, Planning Commission,
City Commission, and Committee Of the Whole); property owner/occupant mailings; 1:1s with property
owners/occupants. Outreach and engagement was done between March and May. Multiple drafts were
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created based on feedback from meetings and staff research - draft three was presented at the August
Planning Commission meeting. Planner Anderson stated that Draft four had just a few things updated
since August. She explained that the Planning Commission was asked to recommend approval to the City
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Commission. The City Commission would then have a first reading and then a public hearing.
Planner Anderson reviewed the five review criteria the Planning Commission uses when reviewing a map
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change or text change to the zoning code.
1. Are the amendments consistent with 2025 Master Plan and Strategic Vision?
a. Overhaul of code aligns with 2025 MP and is called for in the MP.
b. Future Land Use Plan helped guide map changes.
c. Public Participation Policy guided outreach and engagement.
2. Have conditions changed that require zoning changes?
a. Approval of the 2025 MP was the change in condition.
b. Variance requests indicated a needed change.
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c. Board comments and directions indicated a needed change.
3. Do changes address a community need?
a. Changes were indicated through identified community needs and vision.
b. Zoning can serve as a barrier to projects going forward.
4. Are the proposed changes compatible with surrounding properties?
a. Changes created through parcel-by-parcel review.
b. Zoning standards were tested on existing lots.
5. Will changes result in logical and orderly pattern?
a. Changes were rooted in the 2025 MP and Strategic Vision.
b. Changes were rooted in the size, scale, and context of Kalamazoo.
Planner Anderson went on to review and explain the proposed changes to the commercial zoning code.
Pre-Code Pages:
Added the reference of seeing if the property is located in the NFP Overlay District.
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Planning Commission
September 7, 2023
Page 3 of 9
General requirements:
Updated and renumbered definitions, updated street types, updated language of Nonconformance
Standards.
Zoning Districts:
Removing some base districts (CO & CNO, CN-1 & CN-2, CMU & RMU).
Removing some overlay districts (NC-O, THD-O, HP-O, and RF-O).
Adding new Commercial districts (CC2 & C-Node).
Updating Zoning Map.
Moving Institutional Campus (IC) from Appendix A.
Uses:
Updated Use Table and Standards with the new districts and for clarity.
Updated Accessory Use and Structure Table with new districts and the keeping of chickens and rabbits.
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Added Microbusiness Class A license for cannabis.
Added restrictions to prevent intense uses on residential streets.
Updates to Vehicle Service (SUP) – car washes will remain a Special Use.
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Outdoor Sales & Services- clarified the type of materials that can be stored.
Clarified In-Home Day Care (home occupation) is an accessory use vs. a Daycare Center.
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Zoning District Standards: Form-based vs. Dimensional Standards
Reviewed characteristics of form-based vs. dimensional standards.
Reviewed Mixed-use Districts (LW1 & LW2, N-Node) and Downtown Districts (D1, D2, D3).
Districts that are not form-based are CC, CC2, and C-Node.
Zoning District Standards: Overlay Districts

Planned Unit Development was brought over to Chapter 50.
NFP Overlay districts – made some updates.
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Intent language was changed.
Wellhead protection was moved out of the zoning code.
Lot Coverage - removed all requirements except guidance of where to put pervious areas on site.
Parking
Removed minimum requirements for parking.
Set two maximum requirements for parking.
Reviewed and adjusted parking standards by use.
Landscaping & Screening:

Updated section to align with Community Sustainability Plan (CSP) and Natural Features Protection
(NFP) – tree canopy and construction fencing.
Section was reviewed by Landscape Architects.
Added requirements for sight distances at driveways and intersections.
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Planning Commission
September 7, 2023
Page 4 of 9
Signs:
Updated temporary signage based on Supreme Court Case (Reed v Town of Gilbert).
Updated code based on variances.
Updated height and area of signs based on street types.
Lighting:
Cleaned up and moved from Appendix A.
Sustainability Planner will research and make future updates.
Commissioner Curtiss asked about the NFP and change to pervious surface requirements. He wondered
if areas smaller than 20% would be counted towards pervious surface or if they wouldn’t be allowed.
Planner Anderson said that one could choose not to have those count, or they could go above 20%. If a
person can’t meet the requirements, then they would either need to redesign the site or go to the ZBA to
have that discussion. Commissioner Curtiss thought it sounded like small green space areas would not be
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allowed. Planner Anderson assured him that they are allowed. She explained that there would still be
landscaping standards that would require landscape islands and perimeter landscaping around a parking
lot. Anything above this required amount can be divided among the site to meet other requirements.
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Commissioner Milliken opened the public comment portion of the public hearing.
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Mr. Richard Stewart stated that staff were using LW-1 and LW-2 as a way of misleading the public with
terms. He said that CC already allows living and working in the same property and zone. As a realtor, he
felt that LW-1 and LW-2 are in oversupply with no market demand whereas CC has a high demand and
high value. Mr. Stewart suggested that Commissioner Milliken should abstain from the vote because he
was aware of the nine parcels between Lake and Stockbridge that Southtown has opposed rezoning. They
were confident they would stop the funding for Lift, but rezoning these parcels paves the way for the next
developer to take over. They would like them removed from the rezoning. Mr. Stewart indicated a racist
component in the rezoning saying that it disproportionately effects minority and disabled property
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owners. He stated that before the rezoning on the Northside, the area was thriving with property sales.
Afterwards, he said the sales stopped and the value went down. He felt that staff were not recognizing the
existing diversity in this area now. Mr. Stewart said his FOIA was denied. He had requested the list of
2000 properties and property owners to give them the demographic data as proof. He said he was referred
to a color coded map on the website which does not give that data. Mr. Stewart ended by asking why
City staff do not use MLS data.
Mr. Bruce Schuur came forward and gave information about three parcels that were rezoned in 1952 to
accommodate a dairy, a restaurant, and a catering service. He said those parcels are now CC. Mr. Schuur
felt it caused irreparable harm to the neighborhood. The street was loaded with cars, trucks, semis, and
there is now commercial blight on that street. He requested they put the parcels back to residential.
Mr. August Krymis said he read the zoning code on the signs. He asked about the grandfathering of
signs. He also wondered if he had a property with a CC designation that was converted to a
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Planning Commission
September 7, 2023
Page 5 of 9
medical/dental office, would he lose the CC zoning designation. Mr. Krymis asked when the revisions
would be finalized. He added that the presentation font is too small to see from the back of the room.
Ms. Alice Wright talked about people hanging out in front of her house. She then has no place for
company to park. Ms. Wright said there used to be a sign that said no parking after 2, no standing. She
would like someone to come to her house and talk to her in front of them. Ms. Wright said they end up
fighting and shooting. She indicated there was a code book talking about jaywalking/loitering and she
requested someone find that book for her.
Ms. Barbara Fields stated that she lives in a new home built on Church Street. She was told she couldn’t
have a back screen door due to zoning. She wanted to know why.
Mr. David Nesius, President of the Oakwood Neighborhood Association, brought up the property at 2130
Parkview Ave. He said it is owned and maintained by the Neighborhood Association and is for private
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use by all Oakwood Neighborhood property owners. Mr. Nesius said the zoning was currently split
between commercial and RS-5. After some discussions, City Planners decided it could be rezoned RM-
15 instead of commercial. Mr. Nesius said that much of the area surrounding this property is RS-5 and
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they would like that to be the zoning designation for this parcel.
Ms. Tina McClinton thought the zoning they were doing would only benefit developers. She said they
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don’t listen to residents of Kalamazoo, especially in poor neighborhoods. Ms. McClinton said she has
been trying to save their neighborhood green space for seven years. The new zoning on their last green
space was going to let an apartment complex be built in a flood plain. She shared that only one day of
rain will flood them for four days.
Call-in Comments:
Ms. Karen Larsen read a passage from the Community Sustainability Plan. She indicated that they
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shouldn’t weaken the NFP, and there should be greater protection for green areas. Ms. Larsen said that
none of the public green areas should be zoned residential. She thought it was time to have a green zone.
Ms. Larsen asked them to refrain from lessening the language of the NFP.
Commissioner Milliken closed the public comment portion of the public hearing.
Commissioner Milliken asked for more information about the rezoning of Conant Street. Planner
Anderson explained that Conant Street is a residential street in size and for the vast majority of uses. The
three properties Mr. Schuur spoke of are zoned CC. They are proposing to return those properties to
residential.
Planner Anderson answered questions voiced by Mr. Krymis. If a sign exists today, they are allowed to
exist. There are provisions in the code regarding changes made that would trigger compliance. If a
district goes away, the standards associated with it will go away. However, anything created under
previous standards continues to exist in perpetuity unless changes are made to drastically increase the size
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Planning Commission
September 7, 2023
Page 6 of 9
or intensity of the use. As far as timeline of when the changes would take effect, Planning Commission
makes a recommendation to City Commission. The City Commission has a first reading, then a public
hearing and action. Planner Anderson thought it could be October or November before it went to City
Commission.
Planner Anderson said there was discussion about properties at Stockbridge and Lake. She said those
properties at Lake, Stadium, and John Street are a mix of manufacturing and commercial right now. John
Street use is residential and is proposed to return to residential zoning. Many of the properties on Lake
Street will be put back to residential as well. Planner Anderson stated that the development project
referenced has nothing to do with the rezoning. It is a project that has been in the pipeline for a while and
is in site plan, the final step in the development process. It is being developed under current zoning
standards.
Planner Anderson brought up the property on Parkview and Oakland. She said it was currently split-
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zoned zoned CN-1 along Oakland and Parkview and RS-5 in the back along the Woods Lake. The area is
designated as Commercial Node in the Future Land Use Plan in the Master Plan Planner Anderson said
they don’t do the split zoning they used to do in 2005. After conversations with residents in Oakwood,
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they proposed to make the property RM-15. She said that was chosen because that is what adjacent
frontage is as opposed to what exists behind. RM-15 allows single-family homes, multi-family, and
parks. She said that was the rationale why RM-15 was chosen instead of RS-5 which exists at the back of
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the lot.
Commissioner Milliken asked to make sure someone from Public Safety goes to speak with Ms. Wright.
Commissioner Dascenzo asked about the anticipated effective date of the regulations if they are approved.
Planner Anderson stated that ordinances take effect 10 days after they are approved. Commissioner
Milliken thought it was 30 days for rezoning, but Planner Anderson thought that 30 days was for appeals.
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Commissioner Harrison asked if all parks were zoned residential and if a neighborhood community could
attach an NFP Overlay to property. Planner Anderson believed that nearly all parks were zoned
residential. She added that the vast majority of the City is zoned single-family residential. It wouldn’t be
unexpected to have schools and parks zoned as the property around it is zoned. Planner Anderson said
that the NFP Overlay can be mapped on a parcel if it has existing natural features. The intention of the
Overlay is to provide protection around those features.
Commissioner Pittelko, seconded by Commissioner Burgess, moved to recommend to the City

Commission to Approve Text Amendments to Chapter 50 Zoning Ordinance & Appendix A Zoning
and Updates to the Zoning Map.
Commissioner Pittelko said he appreciated staff efforts in regard to public outreach, meetings, and
revisions. He noted that public input was incorporated into the drafts regarding auto related uses.
Commissioner Pittelko thought staff did a good job of bringing changes forward slowly and deliberately
to give people time to voice concerns.
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Planning Commission
September 7, 2023
Page 7 of 9
Commissioner Curtiss said that the response from the community gave him further confidence in the
rezoning and the ordinance itself. He knew the ordinance had been evaluated by those who would be
living with it on a daily basis.
Commissioner Burgess added that it was clear that the proposed zoning changes were consistent with the
Master Plan.
Commissioner Dascenzo appreciated the work of the Board. She liked the way the presentations and
information would go back to the Strategic Plan and the criteria. Where there were gaps in knowledge,
those gaps were filled with outside expertise. Commissioner Dascenzo thought that all went into making
a really good document.
Commissioner Curtiss noted that some of the concerns they heard border on the extent of the power of the
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Planning Commission and the zoning code to protect the environment. There are extents where a zoning
code can and should address environmental safety, but being a developmental code, the power of canon
should be limited in some of those situations. He thought they should make sure that they are staying
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within the limit of their powers as a board and the zoning code as a ruling document.
Commissioner Milliken agreed that zoning was there to regulate development and not prohibit
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development. He thanked staff for listening, organizing, and managing the process. Most communities
would hire a consultant to do that at great expense. Commissioner Milliken thanked the other
commissioners. This is not easy work, but this is the real work of the Planning Commission. He also
thanked the community for being engaged. He felt the engagement was critical to get a refined product.
Commissioner Milliken admitted that the product is not what everyone wants, and is not perfect for every
person, but that is an impossible goal. He was proud of the process, proud of the work, and proud of the
final product. Commissioner Milliken indicated he was confident in the process and noted that staff did
what they said they would do as far as engagement and incorporating feedback into the drafts. He stated
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that the amendments were consistent with Imagine Kalamazoo which served as a framework and catalyst
for the amendments. Commissioner Milliken said it met the standards for approval. He welcomed the
City Commission to contact them if they had any questions.
A roll call vote was taken, and the motion passed unanimously.
F. DISCUSSION/ACTION ITEMS
None.
G. REPORTS:
1. City Planner’s Report
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Planning Commission
September 7, 2023
Page 8 of 9
2. Site Plan Reports
H. PUBLIC COMMENTS:
Ms. Tina McClinton came forward and asked why she got a postcard in the mail when they were not
rezoning her area. She also wondered why they would destroy a natural green space to create a green
space on a parking lot at the old DHS building.
Ms. Judy Huxmann stated that she really liked her sidewalks. She feels she can safely walk on those at
night. It had uplifted the quality of the neighborhood, and people were enjoying them.
Mr. Tom Howes said he read through the zoning districts, and it didn’t specifically say that residential
included parks. He spoke about keeping green spaces on the radar for future zoning code changes. Mr.
Howes hoped the examples he provided at previous meetings could guide future conversations. He also
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spoke about the stench and toxicity from GPI and the Water Treatment Plant. He asked staff to think
about wind patterns and not only geographic proximity when it comes to GPI. Mr. Howes felt that
ongoing issues could be addressed in the manufacturing district talks.
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No call-in comments.
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I. CITY COMMISSION LIAISON COMMENTS
Commissioner Praedel welcomed Commissioner Curtiss to the Planning Commission. He noted that the
commercial zoning was a culmination of a year’s efforts. Commissioner Praedel thanked everyone for
their work. He spoke about a survey that was done for how to use the Covid ARPA dollars. One of the
major priorities was housing. Commissioner Praedel reviewed what the City Commission had approved
in the past month related to housing. He noted that the View from the Curb was out and shared some of
the contents. Commissioner Praedel encouraged people to slow down and watch out for young people
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now that school was back in session.
J. MISCELLANEOUS COMMENTS BY PLANNING COMMISSIONERS
Commissioner Milliken said that passing the commercial zoning revisions that night was a big deal. He
congratulated everyone and thanked them for their hard work.
Planner Anderson reminded the Planning Commissioners that they had to reschedule the October meeting
for Monday, October 9. Staff would be in training on the usual Planning Commission meeting day, so they
were not available that day. She said it was already posted online and applicants were aware of the change
in deadline. Planner Anderson clarified that the City was open on October 9 – Indigenous People’s Day.
K. ADJOURNMENT
Page 876 of 885

Planning Commission
September 7, 2023
Page 9 of 9
Commissioner Milliken adjourned the meeting at 8:37 pm.
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Page 877 of 885

August 28, 2023
Community Planning Economic Development

245 N Rose St
Kalamazoo, MI 49007
SUBJECT: Richard L Booden

528 Hutchinson St
Kalamazoo, MI 49008
Dear Christina Anderson:
I received a notice in the mail that my property, listed above, is in the process of being changed from
commercial to residential. This property has been commercial under Michigan Glass. There is still a
40x30 structure that is set for commercial use. I am hoping to sell this property next year and I really
need it to remain commercial so that I can sell it for a higher amount than if it is changed to residential.
My family has lived here for over 64 years and has continuously paid the taxes on this property as
commercial use. To now change it to residential would cost us an extremely large amount when trying
to sell it.
If you have any questions or need any further information, please don’t hesitate to call my home phone
at 269-345-3344.
Thank you for your consideration to this matter.
Sincerely,
Richard L Booden
Page 878 of 885

Page 879 of 885
Page 880 of 885
Date: 10/2/2023
Agenda Report
City of Kalamazoo

Prepared by: James Cornell, Wastewater Division Manager
SUBJECT: Approval of a contract extension with SNR Technologies for Powder Activated
Carbon (Bid Ref # 88508-001.2)
RECOMMENDATION:
It is recommended that the City Commission approve a contract extension with SNR
Technologies for Powder Activated Carbon in the amount of $1,160,000.
BACKGROUND:
The City of Kalamazoo has completed the prequalification process for approving vendors of
powdered activated carbons (PAC) for use at the Kalamazoo Water Reclamation Plant. Carbon is
qualified through a two-step process with literature review and independent laboratory analysis
of technical specifications. The City has completed the process of competitively bidding the
PAC carbons.
The Water Reclamation Plant uses powdered activated carbon as a weighting agent to improve
settling and as an adsorption aid to remove trace organics and toxic materials from the waste
stream. These and other materials are adsorbed onto the surface of the carbon and removed when
a portion of the aeration tank solids are wasted each day.
The vendor has also requested a fuel surcharge, in line with the US On-highway Diesel Fuel
Price published by the US Dept. of Energy, to be utilized for these future deliveries and is
variable.

Fax: 269.337.8182
Page 881 of 885

Page 2

FISCAL IMPACT:
The funds required for this purchase are $1,160,000. The funding available and estimated costs
are detailed below. The Contract will run from December 1, 2023, through November 30, 2024.
The 2023 portion of the contract is $96,666.66 The 2024 portion of the contract is
$1,063,333.34. We are requesting the approval of this purchase using the funds below.

2023 Portion Wastewater Budget 590-542-02.000-729.006 $96,666.66
2024 Portion Wastewater Budget 590-542-02.000-729.006 $1,063,333.34
Fax: 269.337.8182
Page 882 of 885

Date: 10/2/2023
Agenda Report
City of Kalamazoo

Reviewed by: Rebekah Kik, Assistant City Manager
Prepared by: Christina Anderson, City Planner & Deputy Director - CPED
SUBJECT: Approval of a Three-Year Contract with Gud Marketing for Downtown and
Streets for All Marketing and Communications (Bid Ref#91824-001.0)
RECOMMENDATION:
It is recommended that the City Commission approve a three-year contract in the amount of
$285,000.00 with Güd Marketing for marketing and communications services related to
Downtown and the City’s Streets for All project.
BACKGROUND:
The City of Kalamazoo is looking to create a pro-active communications network and a branding
and marketing campaign to support Downtown businesses and residents during the coming
period of change and disruptions related to Streets for All construction projects. Construction and
work for the Streets for All projects will be occurring continuously in and around Downtown for
at least the next six years. Our Downtown businesses and residents are concerned about the
potential impacts of this construction even while also looking forward to the two-way traffic,
simplified circulation, and accessible parking that will result. To minimize impacts, the City
knows that these stakeholders must be informed of all closures, work plans, and timelines and
special events and marketing activities are necessary to continue to drive patrons to Downtown
shops and restaurants. There is also a need to inspire everyone to go on this journey with us –
celebrate with branded events and marketing campaigns which excite people for what’s possible
and keep business owners engaged with their customers. Many local businesses are excited about
the changes but concerned about the potential impacts and when and how the changes will
happen. Communication will be critical before we even start the projects to be sure our business
owners and the public feel confident they will know what is going on every step of the way.
The focus on marketing efforts with construction projects, including branding Streets for All and
events, is not new to Downtown Kalamazoo. In the late 1990s, the Kalamazoo Mall was
converted from pedestrian-only to allow vehicle traffic. This major project definitely had the
potential to wreak havoc on Downtown economic vitality. To minimize these impacts, a
Fax: 269.337.8182
Page 883 of 885

Page 2
marketing campaign was undertaken by Downtown Kalamazoo Inc. This campaign was known
as Dig Downtown and included merchandise (t-shirts and tote bags), events, and special sales to
support business and continue to spark excitement amongst patrons. It was a focus on the
positives, and not just the short-term pain associated with construction. The second element of
this work is communications. Given the significance of these projects, the required
communications to make this successful go well beyond staff's capacity. It has been made clear
to staff by both members of the community and City boards and commissions that
communication for infrastructure projects needs to be better. To that end, a communication
network must be established and include regular construction progress meetings and clear
methods for communication to those that live, work, and play in Dowtnown. Several years ago,
while Consumers Energy was updating gas lines in Downtown Kalamazoo, City staff tried to
step in to play this role, but were quickly overwhelmed. It was clear from this, that additional
capacity would be needed for future large-scale projects in Downtown.
The City of Kalamazoo issued a Request for Proposals (RFP) in July 2023 to identify a qualified
marketing and communications firm for this project. The City will be utilizing $85,000 in ARPA
funding for the first year of this project, with an additional anticipated $200,000 ($100,000 per
year) to complete the final two years of the contract. Nine firms submitted complete proposals
for this project; six of the firms were from Michigan, with the remaining 3 from across the
United States. An evaluation team comprised of staff from the City manager's Office, Planning,
Community Investment, and Communications reviewed and independently scored the proposals.
Out of these nine firms, Güd Marketing (Lansing, Michigan) was scored the highest by a
significant margin, based on the criteria published in the RFP.
Güd Marketing has been determined to be the qualified firm that best fits the City’s needs related
to these services. Therefore, we recommend awarding of this contract to Güd Marketing.

Connected City - A City networked for walking, biking, riding, and driving.
The work of this contract supports the Streets for All project and the planned updates to the
Downtown parking system, which are both critical to achieving the connected city goal. It is also
aligned with good governance by providing the City with a pathway to effectively implement the
Strategic Vision through improved communication and marketing to support the long term
economic vitality of Downtown.
This RFP followed the City's procurement process.
Fax: 269.337.8182
Page 884 of 885

Page 3
Gud Marketing will conduct engagement with stakeholders in order to shape the communications
network and marketing plans.
FISCAL IMPACT:
The funding source for this project is ARPA.

2023 Engagement and Outreach grt5100102 $85,000.00
2024 and 2025 Budget $200,000
Fax: 269.337.8182
Page 885 of 885

Kalamazoo City Commissioners 10-2-23 Agenda Packet

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Kalamazoo City Commissioners 10-2-23 Agenda Packet

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Agenda

City Commission Business Meeting

Monday, October 2, 2023 7:00 PM

A. CALL TO ORDER/ROLL CALL

1. Invocation: Michelle Scheidt, Fetzer Institute

a. Michigan Autism Conference (MAC)

b. Keeping the Lights on After School

C. ADOPTION OF FORMAL AGENDA

1. Public hearing to receive comments on an Off-Premises Sign Agreement with

2. Approval of a month-to-month contract extension, supplemental, and change order

3. Adoption of a RESOLUTION approving Amendment #1 to the Act 381 Brownfield

4. Adoption of a RESOLUTION amending the City Commission's 2023 annual

1. Adoption of an ordinance to repeal the existing Chapter 28 of the Kalamazoo City

2. First reading of an ordinance to approve updates to Chapter 9 of the Kalamazoo

3. First reading of ordinances to approve text amendments to Chapter 50, Zoning

4. Approval of a contract extension with SNR Technologies for Powder Activated

I. REPORTS AND LEGISLATION

1. City Manager’s Report

TO: Mayor Anderson, Vice Mayor Cooney, and City Commissioners

FROM: James K. Ritsema, ICMA-CM, City Manager

DATE: October 2, 2023

SUBJECT: Approval of Off-Premises Sign Agreement with Adams Outdoor Advertising

be reconstructed per the Zoning Ordinance.

STRATEGIC VISION ALIGNMENT:

Strategic Goal Impact:

Appropriate Depth of Engagement:

AGREEMENT between the City of Kalamazoo, a Michigan municipal corporation,

1. Adams possesses a right for the maintenance of a billboard (“off-premises

2. Adams owned and maintained an off-premises sign on the railroad parcel

3. The railroad parcel is zoned Manufacturing Limited District (M-2), and an

4. Adams’ destroyed off-premises sign located on the railroad parcel,

5. Although Adams’ destroyed off-premises sign on the railroad parcel was

8. Pursuant to § A9.5 of the City of Kalamazoo zoning ordinance a new off-

Kalamazoo/Adams Outdoor Off-Premises Sign Agreement Page 1 of 5

9. Adams has an easement to own and maintain an off-premises sign on

10. The property at 802 N. Westnedge is in a Live Work-1 District (LW-1) in

15. Replacing the N. Westnedge sign by permitting an off-premises sign on the

16. Replacing the N. Westnedge sign with a new, although nonconforming

The City and Adams, in consideration of the covenants, conditions, and

1. Bilateral Agreement/Purpose. This Agreement is the product of bilateral

Kalamazoo/Adams Outdoor Off-Premises Sign Agreement Page 2 of 5

2. Public Deliberation and Approval. The City represents and warrants to

A. All terms reached in the negotiation of this Agreement have been

A. Submit to the appropriate City department a permit application for

4. Removal of N. Westnedge Sign. Upon obtaining any necessary permits

Kalamazoo/Adams Outdoor Off-Premises Sign Agreement Page 3 of 5

6. Non-conformance. The new sign on the railroad parcel once constructed

8. Amendment. This Agreement may only be amended by writing executed

9. Governing Law. This Agreement shall be governed and construed in

10. Binding Effect/Assignment/Third Parties. This Agreement is binding on

13. Entire Agreement. This Agreement supersedes all agreements previously

Kalamazoo/Adams Outdoor Off-Premises Sign Agreement Page 4 of 5

If to Adams: Richard J. Zecchino

If to the City: City Manager

CITY OF KALAMAZOO ADAMS OUTDOOR ADVERTISING

Kalamazoo/Adams Outdoor Off-Premises Sign Agreement Page 5 of 5

Princ eton Ave

TO: Mayor Anderson, Vice Mayor Cooney, and City Commissioners

FROM: James K. Ritsema, ICMA-CM, City Manager

DATE: October 2, 2023

It is recommended that City Commission approve a contract supplemental/change order for

STRATEGIC VISION ALIGNMENT:

Strategic Goal Impact:

Appropriate Depth of Engagement