When not inconsistent with the context, words in the present
tense include the future tense, words used in the singular number
include the plural number, and words used in the plural number include
the singular. The term "shall" is always mandatory and not merely
directory. The term "building" includes the term "structure" and vice
versa. Terms not herein defined shall have the meaning customarily
assigned to them. Any reference to a local, state or federal law shall
include any amendment or any successor law. Any reference to a local,
state or federal agency or officer shall include any successor agency
or officer.
The following words, terms and phrases, when used in this ordinance,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The cessation of activity in or use of a dwelling, structure,
or lot, other than that which would normally occur on a seasonal basis,
for a period of six months or longer.
Having property or district lines in common (e.g., two lots
are abutting if they have property lines in common).
The increased lay of the land surface that occurs as a result
of human activities.
A way of approaching or entering a property. For purposes
of this ordinance, all lots of record shall have access to a public
street or highway or to a private street meeting public standards.
A subordinate structure on the same premises with a main
building and occupied or devoted to an accessory use. Where an accessory
building is attached to a main building, such accessory building shall
be considered part of the main building.
A use naturally and normally incidental, subordinate, and
devoted exclusively to the main use of the land or building.
A commercial establishment which has, as a significant or substantial
portion of its inventory, or which derives a significant or substantial
portion of its revenues from or maintains a significant or substantial
section of its sales and display space to the sale or rental, for
any form of consideration, of any one or more of the following:
Books, magazines, periodicals or other printed and/or electronic
or digital matter, or photographs, films, motion pictures, video cassettes,
compact discs, slides, or other visual representations which are characterized
by their emphasis upon the exhibition or description of specified
sexual activities or specified anatomical areas.
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of oneself or of others.
For purposes of this definition, the term "significant or substantial
portion" means 20% or more of the term modified by such phrase.
The terms "adult foster care family home," "adult foster
care large group home," and "adult foster care small group home" shall
have the meanings given to them in Section 3 of Public Act No. 218
of 1979 (MCL § 400.703).
An establishment which features topless and/or bottomless
dancers, go-go dancers, exotic dancers, strippers, or similar entertainers.
An establishment regularly used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas,
for observation by patrons therein.
The use of land for tilling of the soil, raising of tree
or field crops, or animal husbandry, as a source of significant income.
Any commercial facility used for the storage and/or sale
of agricultural products in bulk quantities.
The right to the space above a property, from a ground level
to infinity, for development.
A public right-of-way not more than 30 feet in width affording
a secondary means of access to abutting property but not intended
for general traffic circulation.
Any structural change, addition or modification in construction
or type of occupancy, or any change in the structural members of a
building, such as bearing walls, beams, or girders, which may hereinafter
be considered as altered or reconstructed.
A suite of rooms or a room in a multiple-family building
arranged and intended for a place of residence of a single family
or a group of individuals living together as a single housekeeping
unit.
The process, as prescribed in this ordinance, for contesting
a zoning interpretation made by the Zoning Administrator or a decision
made by the Planning Commission.
Any structure or part of a structure immediately adjacent
to another structure or part of a structure and fastened securely
to the same.
Any activity involving the general repair or reconditioning
of motor vehicles, engines, or trailers, collision service, such as
body, frame, or fender straightening and repair, or overall painting
and rustproofing of automobiles.
An area used for the display, sales, rental and repair of
new and used motor vehicles, boats, trailers, farm equipment, construction
equipment or mobile homes in operable condition.
A building used for the retail sale of fuel (stored only
in underground tanks and to be dispensed from fixed equipment), lubricants,
air, water, and other commodities designed for motor vehicles, aircraft
and boats. Such an operation includes space and facilities for selling,
installing, or adjusting tires, batteries, parts and accessories within
a building, provided that such repairs and installations are of a
minor nature.
Any storage of inoperable vehicles not incidental to a service
garage.
A building or portion thereof where motor vehicles are washed
as a commercial enterprise, or where facilities are available for
the self-service cleaning of motor vehicles.
A portion of a building which is partially or wholly below
grade, provided that where the vertical distance from the average
finished grade to the ceiling of said area is at least one-half of
the total height of the area, said area shall not be considered a
basement.
A use which is subordinate to the principal use of a dwelling
unit as a single-family dwelling unit, in which transient guests are
provided a sleeping room and board in return for payment, and which
does not provide separate cooking facilities for such guests.
An earthen mound of definite height and location to serve
as an obscuring device in carrying out the requirements of this ordinance.
Any structure or portion thereof on which lettered, figured
or pictorial matter is displayed for advertising purposes not related
to the premises or the nature of the business conducted thereon or
the products primarily sold or manufactured thereon. The term "billboard"
or "signboard" shall not be held to include any sign used for official
notices issued by a court or public body.
A property surrounded by streets or abutting one side of
a street and situated between the two nearest intersecting streets,
or bounded by a combination of streets, waterways, parks, unplatted
acreage, corporate boundary lines, or other natural or man-made, physical
or artificial barriers to continual development.
The Ithaca Board of Appeals.
The City of Ithaca Board of Appeals.
A dwelling where lodging, meals, or both are furnished for
compensation to three or more individuals on a prearranged basis for
a definite period of time.
A covered structure connecting an accessory building with
the principal dwelling unit. For purposes of determining yard and
area requirements, such buildings shall be considered as one integral
unit.
A strip of land, including any specified type and amount
of plantings or structures which may be required to protect one type
of land use from another or to minimize or eliminate conflicts between
them.
The space remaining on a lot of record after the minimum
setback and open space requirements have been complied with.
An independent structure, temporary or permanent, having
a roof supported by columns, walls, or other means of stabilization
and used for the enclosure and protection of persons, animals, chattels
or for the operation of a business. The term "building" includes tents,
awnings, or vehicles situated on a property and used for the above
purposes. Structures with interiors not accessible for human use,
such as tanks, smokestacks, grain elevators, coal burners, or similar
structures shall not be considered buildings.
A line formed by the face of the building, and for the purposes
of this ordinance, a minimum building line is the same as a front
setback line.
A building which is used for the principal purpose of the
lot on which it is situated.
Any building, tent or similar structure which is maintained,
offered or used for dwelling or sleeping quarters for transients or
for temporary residence.
A place where temporary tents, huts, etc., are put up for
temporary recreational use.
A partially open structure intended to shelter one or more
vehicles. Such structures shall comply with all yard requirements
applicable to private garages.
A signed, written statement by the Zoning Administrator or
Building Inspector that specific construction has been inspected and
found to comply with all grading plans and specifications.
A certificate issued by the Zoning Administrator to a party
intending to initiate any work or change any use of property in the
City.
The terms "child care organization," "child care center or
day care center," "foster family home," "foster family group home,"
"family child care home," and "group child care home" shall have the
meanings given to them in Section 1 of Public Act No. 116 of 1973
(MCL § 722.111).
A building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all accessory buildings
and uses customarily associated with such primary purposes.
A building in which a group of physicians, dentists or physicians
and dentists and allied professional assistants are associated for
the purpose of carrying out their profession. The term "clinic" may
include a medical or dental laboratory.
A nonprofit organization of persons for special purposes
or for the conducting of social, athletic, scientific, artistic, political,
or other similar endeavors.
The use of property in connection with the purchase, sale
or trading of goods for personal services or maintenance of service
offices or recreation or amusement enterprise or garage/basement/porch
sales lasting more than 14 days during any twelve-month period.
The land and associated facilities and structures used in
the raising, harvesting and selling of trees and shrubs that are intended
to be either transported and used for landscaping or sold as Christmas
trees.
The statement of policy by the City Planning Commission relative
to the agreed upon and officially adopted guidelines for a desirable
physical pattern for future community development. The plan consists
of a series of maps, charts and written materials representing, in
summary form, the soundest concept for community growth to occur in
an orderly, attractive, economical and efficient manner thereby creating
the very best community living conditions.
The individual ownership of a unit or parcel of real property
within a multiunit parcel or structure located as a permitted use
within a zoning classification and requirements of this ordinance.
A home, qualified for license under applicable Michigan law,
for the care of children, aged, or infirm.
Land significantly or seriously affected by development.
A horizontal structure of a single elevation or varying elevations,
commonly used as a floor attached or adjacent to the main building.
A deck may be open or partially or completely covered by a roof and
wall structure.
The intensity of development in any given area, measured
in this ordinance by the number of dwelling units per acre.
The construction of a new building or other structure on
a zoning lot, the relocation of an existing building on another zoning
lot, or the use of open land for a new use.
That part of the satellite signal receiving antenna characteristically
shaped like a saucer or dish.
One or a combination of two or more of the following:
A signal-receiving device (antenna, dish antenna or dish-type
antenna), the purpose of which is to receive communication or other
signals from satellites in earth orbit and other extraterrestrial
sources.
A low-noise amplifier (LNA) which is situated at the focal point
of the receiving component and the purpose of which is to magnify,
store, transfer and/or transmit electronic or light signals.
A coaxial cable the purpose of which is to carry or transmit
said signals to a receiver.
A portion of the City of Ithaca in which certain buildings
and activities are permitted and in which certain regulations, in
accordance with this ordinance, are applicable.
A business establishment so developed that its retail or
service character is dependent on providing a driveway approach or
parking spaces for motor vehicles so as to serve patrons while in
the motor vehicle rather than within a building or structure, or to
provide self-service for patrons and food carry-out.
A restaurant so developed that its retail or service character
is primarily dependent on providing a driveway approach or parking
spaces for motor vehicles so as to serve patrons while in the motor
vehicle or to permit patrons to eat while in the motor vehicle, as
well as within a building or structure, or primarily to provide self-service
for patrons and food carry-out.
A vehicle access to a lot from a street in which such access
shall be located at least five feet from an adjacent lot line.
A building or portion of a building which has sleeping, eating
and sanitary facilities and which can accommodate one family, either
permanently or transiently. In the case of buildings which are occupied
in part, the portion occupied shall be considered a dwelling unit,
provided it is in conformance with the criteria for dwellings. In
no case shall a travel trailer, truck, bus, motor home, or other such
portable structure be considered a dwelling unit. A dwelling unit
shall:
Comply with the minimum square footage requirements of this
ordinance for the zone in which it is located.
Have a minimum width across any section of 20 feet and comply
in all respects with the state construction code, including minimum
heights for habitable rooms. Where a dwelling is required by law to
comply with any federal or state standards or regulations for construction
which are less stringent than those imposed by the state construction
code, then and in that event the less stringent federal or state construction
code or regulation shall apply.
Be firmly attached to a permanent foundation that has been constructed
on the site in accordance with the state construction code and coextensive
with the perimeter of the building, and such attachment shall also
meet all applicable building codes and other state and federal regulations.
Not have exposed wheels, towing mechanism, undercarriage, or
chassis.
Be connected to a public sewer and water supply or to such private
facilities approved by the local health department.
Contain a storage area either in the basement located under
the dwelling, in an attic area, in closet areas or in a separate structure
being of standard construction similar to or of better quality than
the principal dwelling. Such storage shall be in addition to the space
for the storage of automobiles and shall be equal to not less than
10% of the minimum square footage requirement of this ordinance for
the zone in which the dwelling is located. In no case, however, shall
more than 200 square feet of storage area be required by this provision.
Be aesthetically compatible in design and appearance with other
residences in the vicinity, with either a roof overhang of not less
than six inches on all sides, or alternatively with window sills and
roof drainage systems concentrating roof drainage along the sides
of the dwelling, with not less than two exterior doors with one being
in the front of the dwelling and the other being either on the rear
or side of the dwelling, and shall contain permanently attached steps
connected to said exterior door areas or to porches connected to said
door areas where a difference in elevation requires the same. The
compatibility of design and appearance shall be determined in the
first instance by the City Building Inspector upon review of the plans
submitted for a particular dwelling, subject to appeal by an aggrieved
party to the zoning Board of Appeals within a period of 15 days from
the receipt of notice of the Building Inspector's decision. Any
determination of compatibility shall be based upon the standards set
forth in the definition of "dwelling" as well as the character of
residential development outside of mobile home parks within 2,000
feet of the subject dwelling where such area is at least 20% developed
with dwellings or, where the area is not so developed, by the character
of residential development outside of mobile home parks throughout
the City. The foregoing shall not be construed to prohibit innovative
design concepts involving such matters as solar energy, view, unique
land contour, or relief from the common or standard designed home.
Contain no additions or rooms or other areas which are not constructed
with similar materials and which are similar in appearance and which
have a similar quality of workmanship as the original structure, including
the above-described foundation and its permanent attachment to the
principal structure.
Comply with all pertinent state construction and fire codes,
including, in the case of mobile homes, the standards for mobile home
construction as contained in the U.S. Department of Housing and Urban
Development (HUD) regulations, titled Mobile Home Construction and
Safety Standards, effective June 15, 1976.
The foregoing standards shall not apply to a mobile home located
in a licensed mobile home park except to the extent required by state
or federal law or otherwise specifically required in this ordinance.
A building containing three or more dwelling units designed
for residential use and complying in all other respects with the Michigan
State Construction Code as promulgated by the Michigan State Construction
Code Commission under the provisions of Public Act No. 230 of 1972
(MCL § 125.1501 et seq.).
A building containing not more than one dwelling unit designed
for residential use.
A building containing not more than two separate dwelling
units designed for residential use and complying in all respects with
the Michigan State Construction Code as promulgated by the Michigan
State Construction Code Commission under the provisions of Public
Act No. 230 of 1972 (MCL § 125.1501 et seq.).
A dwelling which is partially or entirely below grade and
is designed and intended to be used as a single-family dwelling.
Any private or dedicated public way, other than a street
or alley, providing a secondary means of access to a property and
having a width of not less than 20 feet.
A freestanding mobile unit located on the same zoning lot
as the primary residence and serving as a temporary accessory dwelling
intended to provide independent or semi-independent living for a relative
or acquaintance with a verifiable medical condition warranting such
housing. The ECHO unit is intended to be removed from the premises
after the unit is vacated by the subject occupant.
A dwelling unit with a bathroom and principal kitchen facilities
designed and intended to be used as a single-family dwelling.
Signify the construction, alteration, reconstruction, placement
upon, or any physical alteration to a piece of land, including the
excavating, moving and filling of earth.
The process by which the ground surface is worn away by action
of wind, water, gravity or a combination thereof.
The erection, construction, alteration or maintenance by
public utilities or commissions of underground or overhead gas, electrical,
steam or water transmissions or distribution systems, collections,
communication, supply or disposal systems, including mains, drains,
sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic
signals, hydrants, towers, poles and other similar equipment, and
applicable accessories reasonably necessary for the furnishing of
adequate service by such public utilities or municipal departments
or commissions or for the public health, safety and welfare, but not
including buildings other than those which are primarily enclosures
or shelters for essential services equipment.
The removal of rock, sand, or fill material below the average
grade of the surrounding land and/or road grade, whichever is highest.
The term "excavation" does not include alterations for farming or
gardening purposes.
Manufacturing, excluding the refining or other initial processing
of basic raw materials such as metal ores or rubber. The term "fabrication"
relates to stamping, cutting or otherwise shaping the processed materials
into useful objects.
One or more persons customarily living together as a single
housekeeping unit in a dwelling unit, as distinguished from a group
occupying a hotel, club, boardinghouse or lodging house, fraternity
or sorority house or nursing home.
All of the contiguous neighboring or associated lands operated
as a single entity under which bona fide farming takes place directly
by an owner/operator, manager, or tenant farmer, by his or her own
labor, or with the assistance of household members or hired employees.
Farms may be considered as including establishments that operate bona
fide greenhouses, nurseries, orchards, chicken hatcheries, poultry
farms and apiaries, as well as the growing, harvesting or cultivating
of cash crops. Establishments keeping or raising fur-bearing animals,
private stables, commercial dog kennels, game fish hatcheries, piggeries,
or stockyards may be considered farms only if attached to bona fide
farming operations on the same continuous tract of land.
Any building or structure, other than a dwelling unit, built
or placed upon land within a bona fide farm and considered essential
and standard to the carrying on of farm operations.
The place of confined keeping of livestock or other animals
for food, fur, pleasure, resale or training purposes in yards, lots,
pens, buildings or other areas not normally used for pasture or crops
and in which abnormal amounts of manure or related other animal wastes
may originate by reason of keeping such animals, including chickens,
ducks, geese and other fowl.
A permanent or temporary partition or structure erected as
a divider, barrier, or enclosure and not part of a structure requiring
a building permit.
The depositing or dumping of any matter onto, or into, the
ground (except for common household gardening and ground care) which
alters the topography of the land.
A building used or designed for the retail sale and underground
storage of automobile fuel, lubricants, and other automotive commodities,
or for aircraft or watercraft operations, including the customary
space and facilities allocated for installation of such commodities.
A lot which has minimum frontage on a public or private street
and which is reached via a private drive.
The relatively flat area or low lands adjoining the channel
or watercourse or a body of standing water, which has been or may
be covered by floodwater. Determination of a floodplain is based upon:
Contiguous areas paralleling a river stream or other body of
water that constitute, at their maximum edge, the highest flood levels
experienced in a period of 100 years.
Principal estuary courses of wetland areas that are part of
the river flow system.
Contiguous area paralleling a river stream or other body of
water and that exhibits unstable soil conditions for development.
An intensity measured as a ratio, derived by dividing the
total floor area of a building by the base site area.
For the purpose of computing the minimum allowable floor
area in a residential dwelling unit, the sum of the horizontal areas
of each story of the building, measured from the exterior faces of
the exterior walls or from the center line of walls separating two
dwellings. The floor area measurement is exclusive of areas of basements,
unfinished attics, attached garages, breezeways, and enclosed and
unenclosed porches.
That area of a building used for or intended to be used for
the sale of merchandise or services. Such floor area which is used
for or intended to be used primarily for the storage or processing
of merchandise which may include hallways, breezeways, stairways,
and elevator shafts, or for utilities and sanitary facilities, shall
be excluded from the computation of usable floor area.
Any structure, except private, community or storage garages,
available to the public and primarily used for the storage of motor
vehicles, for remuneration, hire or sale, where any such vehicle or
engine may also be repaired, rebuilt, or equipped to operate, or where
vehicles may be greased, washed and waxed.
A private or commercial garage physically separated from
the main structure (residence or business) on the same lot or on a
separate lot.
A space or structure suitable for the storage of motor vehicles
having no public or commercial shop or service in connection therewith,
for the use solely of the owner or occupant of the principal building
on a lot or of his family or domestic employees, and with a capacity
of not more than three motor vehicles. Not more than one commercial
vehicle, not exceeding a rated capacity of one ton, shall be stored
on any one lot on which such a private facility is located.
A place for the dispensing, sale or offering for sale of
motor fuels directly to users of motor vehicles, together with the
sale of minor accessories and services for motor vehicles, but not
including major automobile repair.
The City Council of the City of Ithaca.
The level of the ground adjacent to the walls. In the case
of lots with a sloping terrain, the grade shall be the average elevation
of the ground adjacent to the walls.
Any stripping, excavating, filling, stockpiling, or any combination
thereof, and shall also include the land in its excavated or filled
condition.
The written authority issued by the Zoning Administrator
or his agent permitting the grading, excavation or filling of land
including drainage and soil erosion control in conformity with the
erosion control section of this ordinance and part 91 of Public Act
No. 451 of 1994 (MCL § 324.9101 et seq.).
A designated strip of natural vegetation.
A separate structure or dwelling on a residential parcel
used for sleeping and/or eating purposes by nonpaying friends, relatives
or acquaintances of the resident or owner of the main structure.
A public thoroughfare or street, excluding alleys, but including
federal, state and county roads and those appearing upon plats recorded
in the office of the register of deeds and accepted for public maintenance.
Any use customarily conducted entirely within the residential
dwelling and carried on by the inhabitants thereof, not involving
employees other than members of the immediate family that reside on
the premises. The following enterprises shall not be considered home
occupations: medical clinics, hospitals, barbershops, nurseries, day-care
centers, beauty parlors, tearooms, veterinary clinics and offices,
animal hospitals, kennels, tourist homes, bed-and-breakfast operations,
insurance and real estate offices, millinery shops, marihuana establishments
and facilities (as authorized by and defined in the MRTMA, the MMFLA
and the MMMA), and other similar enterprises.
[Amended 2-19-2019 by Ord. No. 2019-01]
An institution providing health services primarily for inpatients
and medical or surgical care of the sick and injured, including laboratories,
outpatient departments, training facilities, central service facilities,
and staff offices. Those institutions whose primary function is the
care of the infirm or mentally ill are not considered hospitals.
A building occupied or used predominantly as a temporary
abiding place by individuals or groups of individuals, with or without
meals, and in which there are more than five sleeping rooms, none
which have cooking facilities.
The Industrial Hemp Research and Development Act, 2014 PA
547, MCL § 286.841 et seq.
[Added 2-19-2019 by Ord.
No. 2019-01]
Churches, schools teaching academic subjects, hospitals,
convalescent or nursing homes, parks, civic centers, libraries and
other public or quasi-public uses.
Any motor vehicles, machinery, appliances, products, or merchandise
with parts missing, or scrap metals or materials that are damaged
or deteriorated.
A place, structure, or lot where junk, discarded waste, salvage,
or similar materials, including metals, wood, slush, timber, glass,
paper, rags, cloth, bagging, cordage, barrels, containers, etc., are
bought, sold, disassembled, baled, exchanged or handled. The term
"junkyard" includes an auto-wrecking yard, used lumberyard, house-wrecking
yard, and any place or yard for use of salvaged house-wrecking and
structural steel materials and equipment. Pawn shops and establishments
which sell, purchase or store used cars, salvaged machinery, used
furniture, radios, appliances, or similar household goods and uses
for which the processing of used, discarded, or salvaged materials
as part of manufacturing operations are not considered junkyards.
Any lot or premises on which dogs, cats or other household
pets are housed, groomed, bred, boarded, trained or sold.
Any lot or premises used for the private maintenance of up
to four dogs, cats, or other household pets four months of age or
older, not involving any commercial activities. The keeping of more
than four animals shall be considered a commercial kennel regardless
of ownership or species of animals.
MEDICAL OR DENTALThe term "medical or dental laboratory" means a laboratory which provides analytical or diagnostic services to physicians and dentists, provided that no fabrication is conducted on the premises except the custom fabrication of dentures or surgical supports.
Experimental. The term "experimental laboratory" means a building
or part of a building devoted to the testing and analysis of any product
or animal.
A use of land which may result in an earth change, including,
but not limited to, subdivision, residential, commercial, industrial,
recreational, or other development, private and public highway, road
and street construction, drainage construction, logging operations,
agricultural practices, and mining.
An off-street space on the same lot with a building or group
of buildings for the temporary parking of a commercial vehicle while
loading and unloading merchandise or materials.
A parcel of land occupied or intended to be occupied by a
main building or a group of such buildings and accessory buildings
or utilized for the principal use and uses accessory thereto, together
with such yards and open spaces as are required under the provisions
of this ordinance. A lot may or may not be specifically designated
as such on public records.
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street or lies in part
or in whole in the street area, the lot area shall not include that
part of the lot in use or to be used as the street.
The part or percentage of the lot occupied by buildings,
including accessory buildings.
The mean horizontal distance from the front street line to
the rear lot line.
Any of the lines bounding a lot, as defined herein.
FRONT LOT LINEIn the case of an interior lot, the line separating said lot from the street, and in the case of a through lot, the line separating said lot from either street.
REAR LOT LINEThe lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long and lying farthest from the front lot line and wholly within the lot.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
A parcel of land, the dimensions of which are shown on a
document or map on file with the county register of deeds or in common
use by municipal or county officials, and which actually exists as
so shown, or any part of such parcel held in a record ownership separate
from that of the remainder thereof.
The mean horizontal distance between the side lot lines,
measured at right angles to the side lot line. Where side lot lines
are not parallel, the lot size shall be considered as the average
of the width between such side lot lines.
A lot situated at the intersection of two or more streets.
Any lot other than a corner lot.
A double frontage lot, not a corner lot, having a street
for front and rear lot lines.
A single tract of land, located within a single block, which,
at the time of the filing for a building permit, is designated by
its owner or developer as a tract to be used, developed, or built
upon as a unit under single ownership or control.
A street or highway so designated on the major road plan
of the Gratiot County Master Plan which is designed and intended to
carry heavy traffic volumes.
That term as defined in the MRTMA.
[Added 2-19-2019 by Ord.
No. 2019-01]
That term as defined in the MMFLA.
[Added 2-19-2019 by Ord.
No. 2019-01]
A roof-like structure of a permanent nature projecting from
the wall of a building.
A dedicated public way or recorded private street which affords
access to abutting properties and is designed primarily to serve immediate
neighborhood needs.
The Medical Marihuana Facilities Licensing Act, 2016 PA 281,
as amended.[1]
[Added 2-19-2019 by Ord.
No. 2019-01]
The Michigan Medical Marihuana Act, 2008 IL 1, as amended.[2]
[Added 2-19-2019 by Ord.
No. 2019-01]
A single-family dwelling designed for transportation, after
fabrication, on street and highways on its own wheels or flatbed or
other trailers, and arriving at the site where it is to be occupied
as a dwelling, complete and ready for occupancy, except for minor
and incidental unpacking for assembly operations, location on permanent
foundations, connection to utilities and the like. A mobile home is
considered a square foot dwelling unit and must conform to the requirements
of a dwelling unit.
That part of the mobile home site specifically designated
for the placement of a mobile home.
Any plot of ground upon which three or more mobile homes,
occupied for dwelling or sleeping purposes, are located.
A measured parcel of land within a mobile home park which
is delineated by lot lines on a final development plan and which is
intended for the placement of a mobile home and the exclusive use
of the occupants of such mobile home.
A mobile home park except that the mobile home lots are subdivided,
surveyed, recorded, and sold in accordance with Public Act No. 288
of 1967 (MCL § 560.101 et seq.), land division act, as amended.
A dwelling unit consisting of two or more transportable factory-fabricated
units designed to be assembled as a single residential structure on
a foundation as required for a conventional residence.
Any vehicle which is self-propelled.
Any wheeled vehicle which is self-propelled and/or intended
to be self-propelled and which, by reason of dismantling, disrepair
or other cause, is incapable of being propelled under its own power.
The term "inoperable or abandoned motor vehicle" shall not include
farm machinery other than automobiles or trucks.
The Michigan Regulation and Taxation of Marihuana Act, 2018
IL 1, as amended.[3]
[Added 2-19-2019 by Ord.
No. 2019-01]
A structure or portion thereof existing at the time of the
adoption of this ordinance which is not in conformance with the standards
of this ordinance.
An activity existing at the time of the enactment of this
ordinance on a lot of record and which is not in conformance with
the use regulations for the zoning district in which it is located
according to this ordinance.
An offensive, annoying, unpleasant, or obnoxious thing or
practice, a cause or source of annoyance, especially a continual or
repeated invasion of a use or activity which invades the property
line of another so as to cause harm or discomfort to the owner or
resident of that property. The term "nuisance" includes, but is not
limited to, excessive or noisy vehicular traffic, dust, glare and
smoke.
A public or private school, kindergarten or child care facility
wherein day care, or day care and education is provided for five or
more minors.
Any lot or structure used for the growing, harvesting, processing,
storing, and/or selling of plants, shrubs, trees and flowers, including
products used for gardening and landscaping, but not including fruit
and vegetable sales.
An installation other than a hospital having as its primary
function the rendering of nursing care for extended periods of time
to persons afflicted with illness, injury, or an infirmity.
A facility providing vehicular parking spaces, along with
adequate drives and aisles for maneuvering, so as to provide access
to the entrance and exit for the parking of more than three vehicles.
And shall include the following:
Retail sales of fruits and vegetables.
Tennis courts, archery courts, shooting ranges, shuffleboard,
horseshoe courts, miniature golf courses, children's amusement
parks or similar recreational uses.
Bicycle, trailer, motor vehicle, boat or home equipment sales,
service or rental.
Outdoor display and sale of garages, vacation homes, mobile
and modular homes, swimming pools and similar uses.
The proportion of a site consisting of required open space,
as defined and specified in § 18.02, and which shall be
calculated using the base site area.
The yard space of a lot which is established by and between
the street or the lot lines and required setback lines and which shall
be open, unoccupied and unobstructed by any structure or any part
thereof, except as otherwise provided in this ordinance. See setbacks
in each zoning district and illustration.
An area used for the parking of motor vehicles for a fee
or as an accommodation for clients, customers, residents, employees
or the general public.
An area of definite length and width, exclusive of drives,
aisles or entrances giving access thereto, fully accessible for the
parking of permitted vehicles.
Roofed open area that, while it may be glassed or screened,
is usually attached to or part of and with direct access to or from
a building.
An establishment for the storage of petroleum products in
bulk and for distribution.
A tract of land developed under single ownership or management
as a separate neighborhood or community unit. The development shall
be based on an approved site plan which allows flexibility of design
not available under normal zoning district requirements. The plan
may contain a mixture of housing types, common open space and other
land uses. See § 23.08.
The City Planning Commission organized under state law for
the purposes therein.
An artificially constructed basin for holding water for use
by paying customers or patrons of a commercial facility.
An artificially constructed basin for holding water for private
family use on a residential lot.
The designation given to a legally defined parcel of land
and based upon the primary activity occurring on such parcel.
Any operation changing the nature of materials, such as the
chemical composition or physical qualities of such materials. The
term "processing" does not include operations described as fabrication.
A person, firm, corporation, or municipal department, board
or commission duly authorized to provide and providing, under federal,
state or municipal regulations, to the general public any of the following:
water, gas, steam, electricity, telephone, telegraphy, waste disposal,
communication, or transportation.
A signal receiving device the purpose of which is to receive
radio signals from radio transmitters in the area.
And includes the following:
TRAVEL TRAILERA vehicular structure mounted on wheels and of such a size or weight as not to require special highway movement permits when drawn by vehicle; primarily designed and constructed to provide temporary living quarters for recreational, travel use.
CAMPING TRAILERA vehicular structure mounted on wheels and constructed with collapsible partial side walls of fabric, plastic or other pliable material which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
MOTOR HOMEA vehicular structure built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping, or travel use.
TRUCK CAMPERA portable structure designed to be loaded onto or affixed to the bed or chassis of a truck, constructed to provide temporary living quarters for recreational, camping or travel use.
SLIDE-IN-CAMPERA portable structure designed to be loaded onto and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters for recreational, camping or travel use.
CHASSIS-MOUNT CAMPERA portable structure designed to be affixed to a truck chassis and constructed to provide temporary living quarters for recreational, camping, or travel use.
A parcel of land which may contain cabins and/or rooms, with
or without kitchen facilities, used primarily for vacation and/or
recreational activity, and which may or may not contain a small commercial
grocery, sporting goods, or gasoline service outlet.
A business located in a building where, in consideration
of the payment of money, meals are habitually prepared, sold and served
to persons for consumption on or off the premises, having suitable
kitchen facilities connected therewith, containing conveniences for
cooking an assortment of goods which may be required for ordinary
meals, and deriving the major portion of its receipts from the sale
of food and complying with state and federal health regulations.
An establishment whose principal business is the sale of
food and/or beverages in a ready-to-consume state, for consumption:
Within the restaurant building;
Within a motor vehicle parked on the premises; or
Off the premises as carry-out orders, and whose principal method
of operation includes the following characteristics; food and/or beverages
are usually served in edible containers or in paper, plastic or other
disposal containers;
For development standards, see § 27.03.
Any establishment where horses are kept for riding, driving,
or stabling for compensation or incidental to the operation of any
club, association, ranch, similar establishment or business.
The boundary of a dedicated street or highway.
A structure temporarily operated for the purpose of selling
produce primarily raised or produced on the premises where situated,
provided its use shall not constitute a commercial district or be
deemed a commercial activity.
For the purpose of determining lot area requirements and
density in a multiple-family district, a living room, dining room
or bedroom equal to at least 80 square feet in area. The term "room"
does not include the area in kitchens, sanitary facilities, utility
provisions, corridors, hallways and storage. Plans presented showing
one-, two- or three-bedroom units and including a "den," "library,"
or other extra room shall count such extra room as a bedroom for the
purpose of computing density.
A building or part of a building, other than a hotel, motel,
or motor court, where sleeping facilities are provided and meals may
be served regularly for remuneration.
A structure providing enclosure, such as a fence, and a visual
barrier between the area enclosed and the adjacent property. A screen
may also be nonstructured, consisting of shrubs or other growing materials
having year round foliage to create a visual barrier. See § 14.05(d).
A retail business or service business that is not normally
used as a business for more than eight months or less during any one
calendar year.
A dwelling unit not normally the permanent residence of the
occupant and not normally used as a dwelling unit for more than six
months during any calendar year.
The minimum required horizontal distance measured from the
front, side or rear lot line, whichever is applicable, of a lot of
record for purposes of determining the minimum amount of open space
surrounding the main structure on that lot.
A business or group of businesses which provides a variety
of merchandise and/or services and which requires a location on a
major road and a large parking area to accommodate vehicular traffic.
The term "shopping center" includes, but is not limited to, a small
neighborhood center, a discount store, or a mall.
Any device designed to inform the general public or attract
the attention of persons. The following shall not be considered commercial
signs for purposes of this ordinance:
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, or names of occupants of premises.
Flags and insignia of any government, except when displayed
in connection with commercial promotions.
Legal notices, identification, informational or directional
signs erected or required by governmental bodies.
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts, or moving lights.
Signs directing and guiding traffic and parking on private property
but bearing no advertising matter.
A sign relating to matter which is off the premises in question.
A commercial sign relating in its subject matter to the premises
on which it is located or to activities, products, services, or accommodation
of the immediate area.
A plan showing all salient features of a proposed development,
so that it may be evaluated in order to determine whether it meets
the provisions of this ordinance. See Article 20.
A permit issued, after a review and hearing, to a person
intending to undertake the operation of an activity upon land or within
a structure and for those uses not specifically mentioned in this
ordinance which possess unique characteristics and are found not to
be injurious to the health, safety, convenience and general welfare
of the City's inhabitants and the district in which the use is
to be located. Special use permits may be granted when the specified
standards for those uses, as stated in this ordinance, have been met.
A building in which any horses are kept for hire or sale.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor immediately above,
except that the top story shall be that portion of a building included
between the upper surface of the uppermost floor and the ceiling or
roof immediately above. A basement shall be considered a full story
only if 50% or more of the vertical distance between the basement
floor and the basement ceiling is above the ground level from which
the height of the building is measured.
An uppermost story lying between the top part of a full story
and a sloping roof, provided said floor area does not exceed one-half
of the full story, contains at least 160 square feet and has a minimum
floor to ceiling clearance of seven feet, six inches.
A publicly dedicated right-of-way which affords general traffic
circulation and access to abutting property. The term "street" does
not include an alley.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
Any change in the supporting members of a building, such
as the bearing walls, beams or girders, or any change in the dimension
or configuration of the roof or exterior walls. See § 21.04.
Anything constructed or erected on the ground or which is
attached to something located on the ground. The term "structure"
includes buildings, radio and TV towers, mobile homes, sheds and permanent
signs, and excludes vehicles, sidewalks and paving.
The partitioning or splitting of a parcel or tract of land
by the proprietor thereof or by his or her heirs, executors, administrators,
legal representatives, successors, or assigns for the purpose of sale
or lease of more than one year or of building development that results
in one or more parcels of less than 40 acres or the equivalent, and
that is not exempted from the platting requirements of the land division
act by Sections 108 and 109 (MCL § 560.108, § 560.109).
The terms "subdivide" or "subdivision" do not include a property transfer
between two or more adjacent parcels if the property taken from one
parcel is added to an adjacent parcel, and any resulting parcel shall
not be considered a building site unless the parcel conforms to the
requirements of the land division act or the requirements of an applicable
local ordinance. See the definitions of "subdivision" and "subdivision,
conventional" in § 18.02.
A signal receiving device the purpose of which is to receive
television signals from television transmitters in the area.
A structure or use permitted by the Zoning Administrator
to exist during periods of construction of the main building or for
special events, but not to exceed six months' duration.
Any dwelling used or designed in such a manner that certain
rooms in excess of those used by the family and which can be occupied
as part of a dwelling unit are rented for compensation to the traveling
public.
The lawful purpose for which land or premises, including
the structures thereon, is designed, arranged, or intended or for
which it is rented, leased, occupied, or maintained.
Any use which is listed as a use by right in any given zoning
district in this ordinance. Uses by right are not required to show
need for their location.
A use permitted within certain zoning districts of such a
nature that the public has reserved the right to approve its exact
location, subject to conditions stated in this ordinance and to any
special conditions imposed by the City Planning Commission to protect
the use by right of other properties in the City of Ithaca.
A use of land or structure located or permitted to be located
on certain lots abutting a zoning boundary line in the more restricted
of the two zoning districts on either side of such a boundary line.
A modification of the literal provisions of this ordinance
granted when strict enforcement of this ordinance would cause undue
hardship owing to circumstances unique to the individual property
on which the variance is granted. The crucial points of variance are
(a) undue hardship, (b) unique circumstances, and (c) applying to
property. A variance is not justified unless all three elements are
present in the case. A variance is not an exception.
A structure of definite height and location to serve as an
obscuring screen in carrying out the requirements of this ordinance.
An open space on the same lot with a building or building
group lying between the front, rear or side wall of a building and
the nearest lot line, unoccupied except for projections, such as porches,
steps, and the specific minor uses or structures allowed in such open
space under the provisions of this ordinance.
A side yard which faces a public street.
A yard extending the full width of the lot on which a building
is located and situated between the front lot line and a line parallel
thereto and passing through the nearest point of the building.
A side yard located immediately adjacent to another zoning
lot or to an alley or easement separating such side yard from another
zoning lot.
A yard extending the full width of the lot on which a building
is situated and located between the rear lot line and a line parallel
thereto and passing through the nearest point of the building.
A yard on the same lot as a building situated between the
side lot line and a line parallel thereto and passing through the
nearest point of the building, and extending from the front yard to
the rear yard.
