City of Ithaca, MI
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2019-06-18
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Municipal Code
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Chapter 40 Zoning
- Adopting Ordinance
- Ch AO Adopting Ordinance
- Municipal Code
- Ch 1 General Provisions
- Ch 2 Administration
- Ch 3 (Reserved)
- Ch 4 Alcoholic Liquor
- Ch 5 Marihuana
- Ch 6 Animals
- Ch 7 (Reserved)
- Ch 8 Buildings and Building Regulations
- Ch 9 (Reserved)
- Ch 10 Cemeteries
- Ch 11 (Reserved)
- Ch 12 Community Development
- Ch 13 (Reserved)
- Ch 14 Environment
- Ch 15 (Reserved)
- Ch 16 Fire Prevention and Protection
- Ch 17 (Reserved)
- Ch 18 Land Divisions and Subdivisions
- Ch 19 (Reserved)
- Ch 20 Manufactured Homes and Trailers
- Ch 21 (Reserved)
- Ch 22 Offenses
- Ch 23 (Reserved)
- Ch 24 Parks and Recreation
- Ch 25 (Reserved)
- Ch 26 Peddlers and Solicitors
- Ch 27 (Reserved)
- Ch 28 Solid Waste
- Ch 29 (Reserved)
- Ch 30 Special Assessments
- Ch 31 (Reserved)
- Ch 32 Streets, Sidewalks and Other Public Places
- Ch 33 (Reserved)
- Ch 34 Telecommunications
- Ch 35 (Reserved)
- Ch 36 Traffic and Vehicles
- Ch 37 (Reserved)
- Ch 38 Utilities
- Ch 39 (Reserved)
- Ch 40 Zoning
- Ch 40 Art 1 Title and Purpose
- § 40-1.01 Short title.
- § 40-1.02 Purpose.
- § 40-1.03 Legislative intent.
- § 40-1.04 District regulations.
- Ch 40 Art 2 Definitions
- § 40-2.01 General.
- § 40-2.02 Specific terms.
- Ch 40 Art 3 Procedure for Application and Approval of Zoning Permit
- § 40-3.01 Procedure of application.
- § 40-3.02 Approval of application.
- Ch 40 Art 4 General Provisions
- § 40-4.01 The effect of zoning.
- § 40-4.02 Restoration of unsafe buildings.
- § 40-4.03 Required area or space.
- § 40-4.04 Illegal dwellings.
- § 40-4.05 Accessory buildings.
- § 40-4.06 Regulation of dish-type satellite signal-receiving antennas.
- § 40-4.07 Dumping of materials.
- § 40-4.08 Excavation of holes.
- § 40-4.09 Existing platted lots (smaller than zoning district requirements).
- § 40-4.10 Basis of determining yard and setback requirements.
- § 40-4.11 Fences, walls and hedges.
- § 40-4.12 Greenbelts and protective screening.
- § 40-4.13 Demolition permits.
- § 40-4.14 Water supply, sewage disposal.
- § 40-4.15 Use of temporary buildings and structures.
- § 40-4.16 Essential services.
- § 40-4.17 Crops.
- § 40-4.18 Grading permits.
- § 40-4.19 Reversion of rezoned area.
- § 40-4.20 Temporary storage of used materials and vehicles.
- § 40-4.21 Voting place.
- § 40-4.22 Principal use.
- § 40-4.23 Corner lot.
- § 40-4.24 Street access.
- § 40-4.25 (Reserved)
- § 40-4.26 Buildings to be moved.
- § 40-4.27 Trash containers.
- § 40-4.28 Storage area.
- § 40-4.29 Mobile home dwellings.
- § 40-4.30 Minimum width of dwellings.
- § 40-4.31 Building heights.
- § 40-4.32 Private roads.
- § 40-4.33 Travel trailers (parking, storage, occupancy).
- § 40-4.34 Marihuana establishments and facilities.
- Ch 40 Art 5 Zoning Districts
- § 40-5.01 Zoning districts.
- § 40-5.02 Definition of boundaries.
- § 40-5.03 Zoning of vacated areas.
- § 40-5.04 Zoning district changes.
- § 40-5.05 Uses permitted by right.
- § 40-5.06 Uses permitted by special approval.
- Ch 40 Art 6 R-1 Rural Residential District
- § 40-6.01 Purpose.
- § 40-6.02 Permitted uses.
- § 40-6.03 Uses allowed by special permit.
- § 40-6.04 Regulations.
- Ch 40 Art 7 R-2 Suburban Residential District
- § 40-7.01 Purpose.
- § 40-7.02 Permitted uses.
- § 40-7.03 Uses allowed by special permit.
- § 40-7.04 Regulations.
- Ch 40 Art 8 R-3 Community Residential District
- § 40-8.01 Purpose.
- § 40-8.02 Permitted uses.
- § 40-8.03 Uses allowed by special permit.
- § 40-8.04 Regulations.
- Ch 40 Art 9 R-4 Multiple-Family Residential District
- § 40-9.01 Purpose.
- § 40-9.02 Permitted uses.
- § 40-9.03 Uses allowed by special permit.
- § 40-9.04 Regulations.
- Ch 40 Art 10 MH Mobile Home Park District
- § 40-10.01 Purpose.
- § 40-10.02 Permitted uses.
- § 40-10.03 Regulations.
- § 40-10.04 Permit application.
- § 40-10.05 Public hearing.
- § 40-10.06 Site plan.
- § 40-10.07 Approval.
- § 40-10.08 Periodic inspection.
- Ch 40 Art 11 RO Restricted Office Commercial District
- § 40-11.01 Purpose.
- § 40-11.02 Permitted uses.
- § 40-11.03 Uses allowed by special permit.
- § 40-11.04 Regulations.
- Ch 40 Art 12 C-1 Central Business District
- § 40-12.01 Purpose.
- § 40-12.02 Permitted uses.
- § 40-12.03 Uses allowed by special use permit.
- § 40-12.04 Required conditions.
- § 40-12.05 Site plan review.
- § 40-12.06 Regulations.
- Ch 40 Art 13 C-2 General Commercial District
- § 40-13.01 Purpose.
- § 40-13.02 Permitted uses.
- § 40-13.03 Uses allowed by special permit.
- § 40-13.04 Required conditions.
- § 40-13.05 Site plan review.
- § 40-13.06 Regulations.
- Ch 40 Art 14 I-1 Industrial District
- § 40-14.01 Purpose.
- § 40-14.02 Prohibited uses.
- § 40-14.03 Essential public facilities.
- § 40-14.04 Site plan review.
- § 40-14.05 Required conditions.
- § 40-14.06 Performance standards.
- § 40-14.07 Regulations.
- Ch 40 Art 15 PIP Planned Industrial Park District
- § 40-15.01 Purpose.
- § 40-15.02 Principal permitted uses.
- § 40-15.03 Permitted support uses.
- § 40-15.04 Access.
- § 40-15.05 Performance standards.
- § 40-15.06 Bulk regulations.
- § 40-15.07 Review procedure.
- Ch 40 Art 16 Agricultural, Industrial and Intermodal Transportation Park
- § 40-16.01 Industries; purpose and location.
- § 40-16.02 Location.
- § 40-16.03 Permitted uses.
- § 40-16.04 Prohibited uses.
- § 40-16.05 Front, side and rear setbacks.
- § 40-16.06 Noise.
- Ch 40 Art 17 Conditional Rezoning
- § 40-17.01 Offer by owner — contents of written submission.
- § 40-17.02 Submission.
- § 40-17.03 Review by Planning Commission.
- § 40-17.04 Terms of conditional rezoning.
- § 40-17.05 Review by City Council.
- § 40-17.06 Approval; adoption by ordinance.
- Ch 40 Art 18 Site Performance Criteria
- § 40-18.01 Purpose.
- § 40-18.02 Definitions.
- § 40-18.03 Open space.
- § 40-18.04 District performance standards.
- § 40-18.05 Land use intensity classes.
- § 40-18.06 Buffer yards.
- § 40-18.07 Detailed performance requirements.
- Ch 40 Art 19 Nonconforming Uses and Structures
- § 40-19.01 Purpose.
- § 40-19.02 Major nonconforming use or structure.
- § 40-19.03 Minor nonconforming use or structure.
- § 40-19.04 Minor nonconforming uses of land.
- § 40-19.05 Nonconforming uses eliminated.
- § 40-19.06 Minor nonconforming structures.
- § 40-19.07 Repairs and maintenance.
- § 40-19.08 Prior construction approval.
- § 40-19.09 Change of tenancy or ownership.
- § 40-19.10 Nonconforming due to reclassification.
- Ch 40 Art 20 Special Use Permit Procedure and Standards
- § 40-20.01 Purpose.
- § 40-20.02 Special approval procedure.
- § 40-20.03 Basis for determinations.
- § 40-20.04 Appeal.
- Ch 40 Art 21 Site Plan Review Procedure
- § 40-21.01 Purpose.
- § 40-21.02 Circumstances requiring a site plan.
- § 40-21.03 Site plan data required.
- § 40-21.04 Submittal and approval.
- § 40-21.05 Fees.
- § 40-21.06 Revocation.
- § 40-21.07 Appeal.
- Ch 40 Art 22 Site Development Requirements
- § 40-22.01 Scope.
- Ch 40 Art 23 Planned Unit Development
- § 40-23.01 Purpose.
- § 40-23.02 Special use permit.
- § 40-23.03 Procedures for application approval.
- § 40-23.04 Concept plan requirement.
- § 40-23.05 Preliminary plan requirements.
- § 40-23.06 Procedures for final plan.
- § 40-23.07 Bond requirement.
- § 40-23.08 Design requirements.
- § 40-23.09 General standards.
- § 40-23.10 Amendment of PUD plan.
- § 40-23.11 Violations.
- Ch 40 Art 24 Site Condominium Development
- § 40-24.01 Condominium subdivision approval.
- § 40-24.02 Definitions.
- § 40-24.03 Condominium projects.
- § 40-24.04 Condominium subdivision plan; required content.
- § 40-24.05 Site plans; expandable or convertible projects.
- § 40-24.06 Monuments required; site condominium projects.
- § 40-24.07 Monuments required for all condominium projects.
- § 40-24.08 Easement of utilities.
- § 40-24.09 Private streets.
- § 40-24.10 Encroachment prohibited.
- § 40-24.11 Relocation of boundaries.
- § 40-24.12 Subdivision of condominium units.
- § 40-24.13 Compliance with federal, state and local law.
- § 40-24.14 Temporary occupancy.
- § 40-24.15 Condominium subdivision layout, design and approval.
- Ch 40 Art 25 Wellhead Protection Overlay District
- § 40-25.01 Purpose.
- § 40-25.02 Definitions.
- § 40-25.03 Location of wellhead protection areas.
- § 40-25.04 Application to land use activities.
- § 40-25.05 Special land use permit required.
- § 40-25.06 Wellhead protection area map.
- § 40-25.07 Wastewater treatment system connections.
- § 40-25.08 Site plan review requirements.
- § 40-25.09 Data submission requirements.
- § 40-25.10 Standards for special land uses.
- § 40-25.11 Maintenance plan required.
- § 40-25.12 Administrative review fees.
- Ch 40 Art 26 Schedule of Regulations
- § 40-26.01 Schedule of Regulations.
- Ch 40 Art 27 Off-Street Parking and Loading Requirements
- § 40-27.01 Off-street parking requirements.
- § 40-27.02 General standards.
- § 40-27.03 Off-street waiting area for drive-through facilities.
- § 40-27.04 Off-street loading and unloading.
- Ch 40 Art 28 Signs
- § 40-28.01 Scope.
- § 40-28.02 Definitions.
- § 40-28.03 Permit procedure.
- § 40-28.04 Measurement of area of a sign.
- § 40-28.05 Signs permitted.
- § 40-28.06 Signs prohibited.
- § 40-28.07 Off-site signs.
- § 40-28.08 Illumination.
- § 40-28.09 Freestanding pylon signs.
- § 40-28.10 Nonconforming signs.
- § 40-28.11 Signs for nonconforming uses.
- § 40-28.12 Construction and maintenance.
- § 40-28.13 Height and overhang.
- § 40-28.14 Violations and removal thereof.
- § 40-28.15 Board of Appeals.
- § 40-28.16 Directional signs.
- Ch 40 Art 29 Dangerous or Abandoned Buildings
- § 40-29.01 Unlawful conduct.
- § 40-29.02 Definition.
- § 40-29.03 Notice; contents; hearing officer; filing of notice with officer; service.
- § 40-29.04 Hearing; testimony; decision; order; nonappearance or noncompliance; review; order to show cause; costs.
- § 40-29.05 Judicial review.
- Ch 40 Art 30 Grading and Soil Erosion Control
- § 40-30.01 Purpose.
- § 40-30.02 Compliance with article requiring site plan.
- § 40-30.03 Compliance with article requiring certificate of occupancy.
- § 40-30.04 Permit.
- § 40-30.05 Fees.
- § 40-30.06 Denial of permit.
- § 40-30.07 General requirements.
- § 40-30.08 Maintenance requirements.
- § 40-30.09 Minimum design standards for erosion and sediment control.
- Ch 40 Art 31 Board of Appeals
- § 40-31.01 Authority.
- § 40-31.02 Board membership.
- § 40-31.03 Expenses.
- § 40-31.04 Terms of office; vacancies; removal, conflict of interest.
- § 40-31.05 Employees.
- § 40-31.06 Required hearings.
- § 40-31.07 Majority vote.
- § 40-31.08 Board meetings.
- § 40-31.09 Appeals.
- § 40-31.10 Powers of Board.
- § 40-31.11 Granting of variances.
- § 40-31.12 Approval periods.
- § 40-31.13 Decision as final; appeal to Circuit Court.
- § 40-31.14 Fees.
- Ch 40 Art 32 Administration and Enforcement
- § 40-32.01 Enforcement.
- § 40-32.02 Zoning permits.
- § 40-32.03 Expiration of zoning permit.
- § 40-32.04 Conformance with approved plans.
- § 40-32.05 Certificates of occupancy.
- § 40-32.06 Final inspection.
- Ch 40 Art 33 Amendments, Interpretation, Severability, Penalties
- § 40-33.01 Amendment to this ordinance.
- § 40-33.02 Processing of amendment.
- § 40-33.03 Interpretation.
- § 40-33.04 Severability.
- § 40-33.05 Violation; penalty.
- § 40-33.06 Rights and remedies.
- § 40-33.07 General responsibility.
- § 40-33.08 Enactment and effective date.
- Appendix
- Ch A Franchises
- Disposition List
- Ch DL Disposition List
HOW TO USE THIS ORDINANCE
This ordinance contains a comprehensive set of regulations and
requirements intended to provide for the optimum development of land
and to adequately protect property owners and residents within the
City of Ithaca. These regulations are often cross-referenced within
the ordinance; therefore, the user is encouraged to be diligent in
adhering to all applicable related regulations and requirements. That
includes becoming familiar with the various components of Article
4, General Provisions.
Before any construction or expansion of a structure or use regulated
by this ordinance, a zoning permit must be applied for and obtained.
The procedure for doing so is explained in Article 3. Associated with
that procedure is the description of the duties and responsibilities
of the Zoning Administrator pertaining to the issuance of zoning permits
and certificates of occupancy. No building that is to be constructed
under this ordinance can be inhabited without both of these. The applicant
must refer to the Official Zoning Map to identify the district in
which the development or improvement is to occur, and reference the
requirements for the specific proposed use within that district. Each
use within any district is classified as permitted by right or permitted
by special use. All special permitted uses and identified permitted
uses by right must conform to the site development requirements and
associated review procedures in Articles 20, 21 and 22. New construction
or expansion must also conform to the grading and soil erosion control
provisions in Article 30.
Persons proposing property development, particularly larger
residential, commercial or industrial developments, have the option
of adhering to the specific requirements of the district in which
the development is located, utilizing a more flexible design approach
based upon site performance criteria (performance zoning) in Article
18, establishing a planned unit development according to Article 23,
or developing the project utilizing the concept of site condominium
development within the requirements of Article 24.
A quick reference of the dimensional requirements associated
with each district can be found in Article 26, Schedule of Regulations.
Any questions pertaining to the interpretation of a word or term included
in this ordinance can be addressed by referencing the specific word
or term in Article 2, Definitions.
The conditions under which a zoning decision may be appealed,
and the steps to bring an appeal, are described in Article 31, Board
of Appeals. The duties, responsibilities and powers of the Zoning
Administrator, including the issuance of zoning permits and certificates
of occupancy, are defined in Article 32. Finally, the procedure for
amending this ordinance is identified in Article 33.
