Kalamazoo City Zoning Code
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.
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.
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 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.
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 § 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.
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 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.
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.