Kalamazoo City Zoning Code
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.
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 seq (Planning Act), which repealed the Municipal Planning Act, County Planning Act, and Township Planning Act.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 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, 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 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 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 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.
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.
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 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.
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 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:
§ 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 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 a Hearing Officer.
B.
Minimum Qualifications. A Hearing Officer shall have the following minimum qualifications:
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.