The following general provisions establish miscellaneous regulations
that have not been specifically provided for in other portions of
this ordinance, yet they are applicable to all zoning districts unless
otherwise indicated.
In order to carry out the intent of this ordinance, hereafter
no use or activity on a piece of land shall be allowed or maintained
and no building or structure or part thereof shall be allowed to be
used, constructed, remodeled, altered, or moved upon any property
unless it is in conformance with the provisions and intent of the
specific zoning district in which it is located.
4.01:1.
If any activity, use, building, structure, or part thereof is
placed upon a piece of property in direct conflict with the intent
and provisions of this ordinance, that activity, use, building or
structure shall be declared a nuisance and may be required to be vacated,
dismantled, abated, or cease operations by any legal means necessary,
and that use, activity, building or structure shall not be allowed
to function until it is brought into conformance with this ordinance.
4.01:2.
In the event a use, activity, building or structure is existing
or under construction at the time of the effective date of this ordinance
or is commenced within 60 days of the effective date of this ordinance
and is not in conformance with the provisions of the zoning district
in which it is located, that use, activity, building or structure
shall be considered a legal nonconforming use and be allowed to remain
as such for construction to be completed, provided the construction
is not discontinued for a continuous period in excess of 60 days and
does not require more than two years from the effective date of this
ordinance for completion.
Nothing in this ordinance shall prevent the strengthening of
a lawful, conforming building or structure or part thereof which has
been declared unsafe by the Zoning Administrator, building official,
or public health inspector or the requirement to adhere to the lawful
orders of such officials.
No lot, yard, parking area or other space shall be so divided,
altered or reduced as to make it smaller than the minimum required
under this ordinance except as permitted in § 4.09. If already
less than the minimum required area or space, it shall not be further
divided or reduced except as permitted in § 4.09, and no yard
required for a principal building shall be included as part of a yard
required under this ordinance for any other building.
4.04:1.
The use of any portion of a basement not considered a story
of a completed or partially completed structure for dwelling purposes
shall not be allowed. Garages or accessory buildings shall not be
occupied for dwelling purposes.
4.04:2.
No structure that is without adequate sanitary facilities or
that is otherwise structurally incomplete shall be issued a permit
of occupancy by the Zoning Administrator.
Except as otherwise permitted in this ordinance, accessory buildings
shall be allowed as permitted uses, subject to the following regulations:
(a)
Where the accessory building is attached to or within 10 feet of
a main building, it shall be subject to and must conform to all regulations
of this ordinance applicable to such main building.
(b)
No accessory building shall be built upon any lot on which there
is no principal building unless the accessory building is located
on adjoining lots in single ownership. All exceptions are subject
to special use permit approval by the planning and zoning commission.
(c)
Accessory buildings shall not be erected in any required front or
side yard.
(d)
In the R-1, R-2, R-3, R-4 and R-O Districts, the maximum allowable
size for the total of all accessory buildings on a developed lot shall
be 864 square feet. A special use permit shall be required if the
total area of all accessory buildings is larger than 864 square feet.
In no instance shall the total area of all detached accessory buildings
be larger than the area of the ground floor of the main building or
occupy more than 10% of a required rear yard (and 25% of a nonrequired
rear yard), whichever is less. All farm related accessory buildings
in the R-1 District shall require a special use permit but shall not
be larger than 10% of the required rear yard or more than 25% of the
nonrequired rear yard.
(e)
In nonresidential districts, any accessory buildings in total may
occupy not more than 10% of a required rear yard, and, in addition,
not more than 25% of any nonrequired rear yard, provided that in no
instance shall that total accessory building floor area exceed the
ground floor area of the main building. This requirement shall not
apply to normal farm buildings existing at the time of adoption of
this ordinance.
(f)
In residential districts, any accessory building shall be located
in the rear yard of the lot, except when attached to the main building.
The rear yard is defined as the space on a lot or parcel lying between
the main building or group of main buildings and the rear lot or property
line. In the case of row housing or apartment developments, parking
garages or covered bays may be exempted from this requirement subject
to approval by the Zoning Administrator.
(g)
No detached accessory building shall be located closer than 10 feet
to any main building or any street right-of-way line, nor shall it
be located closer than five feet to any side or rear lot line.
(h)
No detached accessory building in a residential district shall exceed
20 feet in height.
(i)
When an accessory building is located on a corner lot, the side lot
line of which is substantially a continuation of the front lot line
of the lot to its rear, the accessory building shall not project beyond
the front yard setback line required on the lot in the rear of such
corner lot.
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Dish-type satellite signal receiving antennas, television antennas
and radio antennas shall be allowed in all districts, subject to the
following restrictions:
(a)
No satellite signal-receiving dish antenna, television antenna or
radio antenna shall be constructed or located in the front yard of
a residential premises unless there is concurrence by the Building
Inspector that existing trees or other obstacles existing within the
side or rear yards prohibit adequate reception of signals.
(b)
A satellite-receiving antenna, television antenna, or radio antenna shall not be located within five feet of the side, rear or front lot lines (if placed in the front yard in a residential zone due to conditions identified in Subsection (a) of this section).
(c)
A satellite-receiving dish antenna, television antenna or radio antenna
may be placed upon the roof of the main building on the property but
shall not be mounted upon appurtenances such as chimneys, towers,
trees, poles or spires. Such antennas may be placed upon accessory
buildings.
(d)
A satellite-receiving antenna in a residential zone shall not exceed
a height of five feet above the roof upon which it is mounted, and
a roof-mounted receiving antenna dish shall not exceed three feet
in diameter.
(e)
A satellite-receiving antenna fastened to the ground shall not exceed
a height of 12 feet above grade, and television and radio antennas
shall not exceed a height of 65 feet above ground elevation.
(f)
All structural supports shall be of galvanized metal.
(g)
Wiring between a ground-mounted satellite-receiving antenna and a
receiver shall be placed at least four inches below the ground within
a rigid conduit.
(h)
Aboveground wiring for roof-mounted antennas must be located at least
12 feet above ground grade.
(i)
Such satellite-receiving antenna, television or radio receiving antenna
shall be designed to withstand a wind force of 75 miles per hour without
the use of supporting guy wires and 85 miles per hour with the use
of supporting guy wires.
(j)
Any driving motor shall be limited to 110V maximum power design and
be encased in protective guards.
(k)
A satellite-receiving antenna must be bonded to a grounding rod.
4.07:1.
Storage, dumping of waste, junk, etc. The use of land or water
resources for the dumping or disposal of scrap iron, metal, rubber,
plastic refuse, junk, slag, ash (except for those properly sealed
or adequately concealed materials discharged in the process of industrial
manufacturing or in the performance of normal household or farming
activities on the same lot or parcel on which the premises are located)
shall not be permitted, except in such cases where a temporary permit
is obtained from the Zoning Administrator, upon approval of the City
Council, after a public hearing and in accordance with Part 115 of
Public Act No. 451 of 1994 (MCL § 324.11501 et seq.). Such
permit shall not exceed one year from the date of issuance and may
be renewed on an annual basis only after a public hearing is held
and approval granted by the City Council.
4.07:2.
Bond required; certain alterations prohibited. An appropriate
bond and agreement shall be required of the applicant to ensure compliance
with the directives set forth by the City Council. Such dumping or
disposal shall not negatively affect the water table, cause pollution
of stagnant or running water in any area of the City, or attract rodents,
vectors or other nuisances so as to create health or safety problems
to the natural environment and the inhabitants of the City, nor shall
the natural terrain be altered in any fashion to create safety or
health hazards at the expiration date of the permit or the character
of the land substantially altered so as to make it unusable for the
uses for which it was originally zoned.
4.07:3.
Dumping of soil, sand and clay materials. The extensive dumping
of soil, sand, clay or similar materials shall not be allowed on any
lot or parcel without approval of the Planning Commission and subject
to the requirements set forth by the Planning Commission.
4.07:4.
Dumping of hazardous and/or nuclear wastes prohibited. Dumping
of hazardous waste materials and/or nuclear wastes shall not be allowed
within the City of Ithaca, except as permitted by current federal
and state regulations.
The construction, maintenance, or existence of unprotected or
unbarricaded holes, pits, wells, building pads, or similar excavations
which cause or are likely to cause a danger to life, health, and safety
to the general public shall be prohibited. This section shall not,
however, prevent any excavation which is required for the construction,
remodeling, or expansion of structures or for industrial or farming
operations, including the mining of sand and gravel, provided appropriate
precautionary measures, such as the placement of warning signs, fences,
etc., have been approved by the Zoning Administrator and placed on
the premises. Nothing in this section shall apply to bodies of water,
ditches, streams, or other major natural resources created or existing
by the authority of the State of Michigan, Gratiot County, City of
Ithaca, or other units of government. Excavation resulting from the
extraction of sand, gravel, or other minerals for commercial purposes
shall be required, upon termination of such activities and for a period
of one year or more, to be refilled by the person, firm or corporation
engaging in such excavation. The excavated site shall be graded and
returned, as far as possible, to its natural state, including the
planting of vegetation indigenous to the area.
Except as provided for in Article 18, site performance criteria,
and § 7.04:7, where an existing platted lot has an area of not
less than 80% of its zoning district requirement and where such lot
can provide the side and front yard requirements of its zone, the
permitted uses of the district shall be allowed. An existing platted
lot, in single ownership, of less than 80% of its zoning district
requirements may be utilized for such permitted uses, and for such
purpose, the required side yards may be reduced by the same percentage
the area of such lot bears to its zoning district requirements, provided
that no side yard provision may be reduced to less than five feet
and that off-street parking requirements are also met. Where two or
more adjacent lots are in single ownership and where such lots individually
contain less than 80% of the zoning district requirements, such lots
shall be utilized only in complete conformance with the zoning district's
unreduced minimum requirements. In the event three or fewer adjacent
lots are in single ownership and the Planning Commission shall find
that there is no practical possibility of obtaining additional land,
it may permit their use as separate lots having less than the required
lot area if it shall determine that they can be so used without adversely
affecting the character of the neighborhood; provided, however, that
no side yard provision may be reduced to less than five feet and that
off-street parking requirements are also met.
The required front yard shall be measured at a right angle from
the right-of-way line to the nearest foundation or building wall of
the building or structure; provided that where an existing setback
line has been established by existing buildings occupying 50% or more
of the frontage within the same block or where unplatted within 300
feet of the proposed building, such established setback shall apply.
A lot having a side yard line adjacent to any zoning boundary line
of a more restricted district shall have a side yard not less than
the minimum width required for the adjoining side yard for the more
restricted district.
Notwithstanding other provisions in this ordinance, fences,
walls or hedges may be permitted on any property, provided that no
fence, wall or hedge exceeds a height of six feet along the side and
rear lot lines to the rear of the front building line of the main
building and a height of three feet in front of the front building
line of the main building, and that no such fence, wall, or hedge
shall be closer than three feet from the front property line or road
right-of-way.
4.12:1.
On corner lots, no planting shall be established or maintained
which obstructs the view of vehicular traffic in any direction. Such
unobstructed corner shall mean a triangular area formed by the street
property lines of two intersecting streets and a line connecting them
20 feet from the point of intersection. In the case of a rounded street
corner, such measurements shall be from the street lines extended
to form an intersection. Plantings within this area may attain a height
of up to 36 inches.
4.12:2.
Outdoor storage in commercial and industrial districts (temporary
or permanent), when abutting residentially-zoned or developed premises,
shall be screened with a six-foot solid fence or wall and/or evergreen
planting, the ultimate height of which will reach at least six feet.
Where a developed commercial or industrial property abuts a residential
property, a six-foot high solid wall or fence or a three-foot wide
strip of evergreen plantings (of a minimum height of six feet) shall
separate the residential property from the commercial or industrial
property. No fence or wall in the designated front yard of a commercial
or industrial property abutting the side yard of a residential property
shall be higher than three feet from the ground.
4.12:3.
The plans for required protective screening shall be submitted
to the Zoning Administrator for his approval or recommendations as
to suitability and arrangement of planting material. Any limbs, shrubs,
or bushes which extend into the property of adjoining residential
property may be trimmed back by the adjoining residential property
owner.
No building shall be razed except by permit from the Zoning
Administrator, who is authorized to require a performance bond, the
rate of which is to be determined by the City Council. Such bond shall
be conditioned upon a reasonable time limit for the demolition, and
that the demolition shall meet the health and safety requirements
of the Zoning Administrator as stipulated in the permit.
All dwelling places, all commercial establishments, all industrial
operations, and all places of public assembly shall be provided with
a safe and adequate water supply and sewage disposal system. No building
hereafter constructed or put to any of such uses shall be used until
the owner of the premises has obtained a written approval of the water
supply and the sewage disposal system from the City of Ithaca. Connection
shall be made to a public water supply and public sewer system when
available to premises not having a safe and adequate water supply
and sewer system. No structure without adequate sanitary facilities
or which is otherwise structurally incomplete shall be issued a permit
of occupancy by the Zoning Administrator.
Temporary buildings and structures may be placed on a lot or
parcel of record and occupied only under the following conditions:
4.15:1.
During renovation of a permanent building damaged by fire, the
temporary building or structure must be removed when repair of fire
damage is complete, but in no case shall it be located on the lot
or parcel for more than 90 days.
4.15:2.
Temporary buildings and structures incidental to construction
work, except single-family residences, shall require a permit issued
by the Building Inspector. Said temporary building shall be removed
within 15 days after construction is complete, but in no case shall
the building or structure be allowed to remain more than 12 months,
unless expressly authorized after petition to the zoning Board of
Appeals.
4.15:3.
Semitrailers or modified wheel vehicles shall not be used for
storage of materials of any kind, except as in Subsection 4.15:2 of
this section; this provision includes single-wide mobile homes. Such
temporary storage shall also require a permit issued by the Building
Inspector.
4.15:4.
Temporary buildings incidental to a church or school, provided
that all wiring, plumbing, fire protection and exits are approved
by the Fire Chief and Building Inspector and by relevant state agencies.
Essential services, as defined in this ordinance, may be carried
on in any and all districts, subject to the requirements of §
22.01:36. The Planning Commission may initiate a public hearing or
hold a public hearing upon petition. Notice of any such hearing shall
be given to all owners and occupants of property within 500 feet in
each direction of the proposed site. The Planning Commission shall
not approve any application for an essential service building/facility
if it determines that such construction is not necessary to the operation
or service or that such construction will offend or deteriorate the
character of the neighborhood.
Fruits, vegetables, and other crops from the soil may be planted,
cared for, and harvested in any residential district for the occupant's
own use or for sale.
Except as exempted in certain instances by a section of this
ordinance (see § 30.04), no grading, stripping, excavating, filling,
or earth change shall take place unless a permit has been issued by
the City Building Inspector in accordance with Article 30 of this
ordinance.
In the case of land which has been approved for a zoning change,
construction on such parcel must begin within a period of one year
from approval of such zoning change. If construction does not commence
within this period, the Planning Commission may initiate a rezoning
for the purpose of returning the land to the previous zoning designation,
or to another designation. The process for returning the land to its
previous zoning designation must be in compliance with the amendment
process as provided in this ordinance (see § 33.02).
4.20:1.
The temporary storage, collection, or placing of used or discarded
material, such as lumber, scrap iron, slag, ashes or other such matter
shall be allowed only after a permit is issued by the Zoning Administrator
stating the conditions under which such activity shall be performed.
The Zoning Administrator shall require the removal of such material
from districts in which said materials are illegally stored or placed.
Such removal shall take place within 30 days after written notice
is sent by the Zoning Administrator to the person responsible for
said storage, notifying the party of the violation and stating the
date on which such materials must be removed from the premises.
4.20:2.
No person, firm, or corporation shall park, store or place upon
any right-of-way or public property or upon any private premises within
the City any motor vehicle unless the same is wholly contained within
a fully enclosed building, except for the following:
(a)
Vehicles being displayed by licensed car dealers.
(b)
Vehicles covered completely with tarps.
(c)
Duly licensed and operable vehicles with all main components
attached.
(d)
Vehicles or trailers that are temporarily inoperable and have
all main components attached, which may remain upon such private property
for a period not to exceed 14 days.
(e)
Not more than one vehicle in fully operating condition that
has been redesigned or reconstructed for a purpose other than it was
manufactured (e.g., automobiles modified to be dune buggies), provided
that no building or garage is located upon the premises upon which
the same could be parked or stored.
(f)
Any operable vehicle intended and actually utilized for agriculture
or mining purposes.
4.20:3.
No repairing, modifying, or operations shall be allowed upon
any vehicle for a period in excess of 24 hours, except within fully
enclosed buildings or if it is determined that such repair, modification,
or operation will not constitute a nuisance or annoyance to adjoining
property owners or occupants. Any such work within any twenty-four-hour
period heretofore allowed shall not, however, consist of any major
repair, redesigning, modifying, or dismantling work but only such
occasional minor work as may infrequently be required to maintain
a vehicle in normal operating condition.
4.20:4.
In the event the foregoing regulations creates any special or
peculiar hardship beyond the control of a particular violator, the
Zoning Administrator is hereby given the authority to grant permission
to an applicant to operate contrary to the provisions hereof for a
limited period of time not to exceed 14 days.
Nothing in this ordinance shall be so construed as to interfere
with the temporary use of any dwelling or property as a voting place
in an authorized public election.
No lot may contain more than one principal (main) structure
or use, excepting groups of apartment buildings, offices, retail business
buildings, or other groups of buildings the Planning Commission considers
to be principal structures or uses.
When a lot is bounded by intersecting streets, the front yard
requirements shall be met on only one abutting street, provided that
no portion of the lot within 25 feet of the side lot line of any adjoining
property is utilized for a structure unless the minimum front yard
requirements of the adjoining property are met.
4.24:1.
Any lot of record created before the effective date of this
ordinance without any frontage on a street shall not be occupied without
access to a street provided by an easement or other right-of-way not
less than 66 feet wide. More than one lot may be served by a single
access after application for and receipt of a variance from the zoning
Board of Appeals, as provided for in Article 31.
4.24:2.
Any lot of record created after the effective date of this ordinance
shall have access to a public street right-of-way, except as may be
provided for otherwise in a planned unit development designed in accordance
with the applicable provisions of the ordinance.
Any building or structure which has been wholly or partially
erected on any premises located within or outside the City shall not
be moved and/or placed upon any premises in the City unless there
is full compliance with City ordinances. Any such building or structure
shall fully conform to all provisions of this ordinance and applicable
housing codes and be compatible with the general character and design
of surrounding properties. Such compatibility shall first be determined
by the Zoning Administrator upon review of the structure and site.
The Zoning Administrator's determination may be appealed to the
zoning Board of Appeals within 15 days of receipt of the determination.
Compatibility shall be based upon the definition of the term "dwelling"
and the character of similar structures located within 2,000 feet
in the same zoning district.
Outside trash containers except those used for emergency or
temporary service shall be permitted in the C-1, C-2 and I Districts
and on property occupied by multiple-family housing of four or more
units provided they comply with the following requirements. Emergency
or temporary containers may be allowed on premises for a period not
to exceed one week unless an extension is granted by the Zoning Administrator.
4.27:1.
Adequate vehicular access shall be provided to such containers
for truck pickup either via a public alley or vehicular access aisle
which does not conflict with the use of off-street parking areas or
entrances to or exits from principal buildings nearby.
4.27:2.
The area in which trash containers are stored shall be surrounded
on three sides by an opaque fence or wall, which shall be a minimum
height of six feet.
All dwellings in the City shall contain a storage capability
area in a basement located under the dwelling, in an attic area, in
closet areas, or in a separate structure with standard construction,
and such storage area shall be equal to at least 10% of the square
footage of the dwelling or 100 square feet, whichever shall be less.
4.29:1.
Definition.
(a)
As used herein, the term "mobile home" shall mean a movable
or portable dwelling constructed to be towed on its own chassis and
designed for permanent year-round living as a single-family dwelling,
provided that the term "mobile home" shall not include motor homes,
campers, recreational vehicles (whether licensed or not as motor vehicles),
or other transportable structures designed for temporary use which
are not designed primarily for permanent residence and connection
to sanitary sewage, electrical power, potable water and utilities.
4.29:2.
General provisions.
(a)
No person shall occupy or permit the use or occupancy of a mobile
home as a dwelling within any district within the City not designated
as a mobile home park unless:
(1)
The mobile home, the placement thereof, and the premises upon
which it shall be located shall meet all requirements of this ordinance
relating to the use, size of premises, floor area, minimum width,
setback, side lot and rear lot requirements specified for the particular
zoning district in which the premise is situated; and
(2)
The mobile home shall be connected to potable water and sanitary
sewage disposal facilities approved by the health agency having jurisdiction.
If public water and sanitary sewage disposal facilities are available
to the premises, the mobile home shall be connected to such facilities.
4.29:3.
Foundations.
(a)
Mobile homes may be installed upon a basement, provided the
foundation complies with state construction code requirements for
single-family dwellings and meets the manufacturer's specifications
for pillar placement and imposed load capacity. Each mobile home shall
be secured to the foundation by an anchoring system or device complying
with the rules and regulations of the Michigan Mobile Home Commission.
In the event the manufacturer's recommended installation specifications
exceed the minimum specifications for connections provided herein,
the manufacturer's specification shall in all cases be complied
with.
(b)
Mobile homes without a basement shall be installed upon a permanent
foundation constructed on site in accordance with the state construction
code for conventionally constructed single-family dwellings. In addition,
a skirting of masonry, brick, or concrete blocks shall be constructed
between the foundation and the base of the dwelling and shall be vented.
Louvered or similar vents shall be, at a minimum, 600 square inches
per 1,000 square feet of living space. A minimum of one vent shall
be placed at the front and rear of the mobile home, and two vents
shall be placed on each exposed site. An access panel of sufficient
size to allow full access to utility hookups located beneath the mobile
home shall be installed in the rear section of the skirting. Each
mobile home shall be secured to the foundation by an anchoring system
or device complying with the rules and regulations of the Michigan
Mobile Home Commission. In the event the manufacturer's recommended
installation specifications exceed the minimum specifications in this
ordinance for connections, the manufacturer's specifications
shall in all cases be complied with.
(c)
All construction herein required shall be commenced only after
a building permit has been obtained in accordance with the state construction
code.
(d)
Construction of and all plumbing, electrical apparatuses, and
insulation within and connected to said mobile home shall be of a
type and quality conforming to the current United States Department
of Housing and Urban Development mobile home construction and safety
standards (24 CFR 3280), as from time to time amended.
(e)
If placed within a flood zone, the mobile home shall meet all
requirements for construction of dwellings on site within said zone.
(f)
The mobile home shall meet or exceed all roof snow load and
strength requirements imposed by said United States Department of
Housing and Urban Development mobile home construction and safety
standards.
4.29:4.
Aesthetic compatibility.
(a)
The foregoing requirements of § 4.29 or of this section
notwithstanding, the placement and use of a mobile home in any zoning
district within the City shall be aesthetically compatible in design
and appearance with conventionally constructed, on-site, single-family
dwellings, including, where appropriate, a roof overhang, a front
and rear or front and side exterior door, and permanently attached
steps or porch areas where an elevation differential requires the
same. At a minimum, the wheels and towing mechanism of any mobile
home shall be removed and the underside or chassis of such mobile
home completely enclosed and connected to the foundation, and the
mobile home shall be placed upon the property in such a way that its
appearance shall be compatible with single-family dwellings constructed
on site within said districts. Any determination of aesthetic compatibility
shall be based upon the standards set forth in this section, as well
as the character, design, and appearance of one or more residential
dwellings located outside of mobile home parks within 2,000 feet of
the subject dwelling, or such areas developed with dwellings to the
extent of not less than 20% of lots situated within said area, or
where said area is not so developed, by the character, design, and
appearance of one or more residential dwellings located outside of
mobile home parks in 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
design home.
(b)
The compatibility of design and appearance shall be determined
in the first instance by the City zoning 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 of the receipt of notice of the zoning inspector's
decision.
4.29:5.
Additions.
(a)
All premanufactured room or other area additions to a mobile
home shall comply with the standards of construction provided for
in this ordinance for mobile homes and shall be installed upon a permanent
foundation as provided in § 4.29:3 for the principal dwelling.
Conventionally constructed additions to mobile homes shall comply
in all respects with the applicable building codes.
4.29:6.
Certificate of approval.
(a)
No person shall occupy any mobile home as a dwelling within
the City outside of a licensed mobile home park until a certificate
of approval shall be issued by the building official or Zoning Administrator,
and such permit shall indicate satisfactory compliance with all requirements
of this ordinance and the state construction code.
All dwellings erected, constructed, or placed within any zoning
district in the City and located outside of a licensed mobile home
park shall have a minimum width, across the entirety of any front,
side, or rear elevation, of 20 feet.
4.31:1.
All districts. No building within the City shall exceed 40 feet
in height. Specific building height limitations for each district
are defined in Article 26, schedule of regulations.
4.31:2.
Exceptions to height limits. Governmentally owned structures,
churches, parapet walls not exceeding three feet in height, belfries,
cupolas, domes, chimneys, smokestacks, flagpoles, radio towers, masts
and aerials, television antenna, ornamental towers, monuments, transmission
towers, cooling towers and necessary mechanical appurtenances, silos
and other farm-related structures (except dwellings) are excepted
from required height limitations unless otherwise specified in this
ordinance.
4.32:1.
A private road which serves more than one separately owned parcel
or more than one dwelling unit shall only be constructed under the
following conditions as a special use requiring prior approval of
the City Planning Commission:
(a)
The owners of property over which such private road is to be
constructed shall be required to record an easement having a width
of at least 66 feet for roadway purposes, dedicating the use of the
same for ingress and egress from a public street for the benefit of
the owner and users of the property or properties involved.
(b)
A roadway maintenance agreement, easement agreement, and deed
restrictions shall be recorded in the county register of deeds'
office for Gratiot County, Michigan, providing for the perpetual private
(nonpublic) maintenance of such roads and/or easements to a necessary
and reasonable standard to serve the several interests involved. The
easement agreement shall include a provision which provides that owners
of any and all of the property using the road shall refrain from prohibiting,
restricting, limiting, or in any manner interfering with the normal
ingress and egress and use of the road by any of the other owners.
Normal ingress and egress and use shall include use by family, guests,
invitees, tradesmen, and others bound to or returning from any of
the properties having a right to use the private road.
(c)
All lots served by a private road must meet this ordinance's
requirements for the district in which they exist. Setbacks shall
be measured from the edge of the private road right-of-way.
(d)
The private road shall have a name and street sign consistent
with the Gratiot County road commission standards. A location map
of the private road and street name shall be submitted to the City
fire department, City police department, Gratiot County sheriff's
department, and any emergency service organization serving the City
of Ithaca.
(e)
Prior to the commencement of any such private road development,
the developer shall submit in writing to the City Planning Commission
all of the foregoing required documents, construction plans, and private
road location with respect to nearby public roads and the parcels
proposed to be served by such private road for the Planning Commission's
review with respect to the granting or denial of the special use application.
The Planning Commission shall conduct a special use hearing in accordance
with state law and this ordinance. The City Planning Commission shall
consider the factors contained in the Michigan Zoning Enabling Act
(MCL § 125.3101 et seq.) concerning the issuance of a special
use permit for the private road in question.
[Amended 10-7-2014]
The purpose of these standards is to regulate and control the
parking and storage of travel trailers, fifth-wheel trailers and motor
homes on private property to promote the health, safety, and welfare
of the public and to preserve property values.
(a)
Location standards. (See also Figure 4.33.)[1]
(1)
Travel trailers, fifth-wheel trailers and motor homes shall
be parked or stored in a side or rear yard of a residentially zoned
property only on a lot with a principal dwelling, unless it is an
adjacent lot to the dwelling under the same ownership.
(2)
Travel trailers, fifth-wheel trailers and motor homes shall
only be parked or stored in a front yard if parked or stored on a
hard-surfaced (cement, asphalt or gravel) driveway leading to an attached
garage or to a side or rear yard.
[1]
Editor's Note: Figure 4.33 is on file in the City offices.
(b)
Time limits. Travel trailers, fifth-wheel trailers or motor homes
may be occupied on a residential lot for a period of not more than
seven days in any three-month period. Adequate solid waste disposal
facilities shall be provided during occupancy of the recreational
vehicle or travel trailer.
(c)
Corner lots. In the case of corner lots, the regulations of this
section shall apply only to the traditional front yard of the house.
(d)
Owner or legal tenant. The owner of any travel trailers, fifth-wheel
trailers or motor homes placed or parked on a lot shall be the owner
of the lot or the legal tenant.
(e)
Condition and licensing requirements. All travel trailers, fifth-wheel
trailers or motor homes stored or parked in any residential district
shall be properly licensed and in operable condition, as determined
by the Zoning Administrator.
(f)
No travel trailer, fifth-wheel trailer or motor home shall be parked
or stored on any roadway or road right-of-way in excess of 24 hours.
[Added 2-19-2019 by Ord.
No. 2019-01]
(a)
Marihuana establishments, as authorized by and defined in the MRTMA,
the MMFLA and the MMMA (the "Acts") are prohibited in all zoning districts
and shall not be permitted as home occupations as defined in § 2.02
of this ordinance.
(b)
No use that constitutes or purports to be a marihuana grower, marihuana
safety compliance facility, marihuana processor, marihuana microbusiness,
marihuana retailer, marihuana secure transporter or any other type
of marihuana-related business authorized by the Acts, that was engaged
in prior to the enactment of this ordinance, shall be deemed to have
been a legally established use under the provisions of the City Code
of Ordinances; that use shall not be entitled to claim legal nonconforming
status.
(c)
Violations of this section are subject to the violations and penalties
pursuant to § 33.05 of this ordinance and may be abated
as nuisances pursuant to Subsection 33.05:2.
(d)
Except as specifically provided in § 4.34 above, this section
does not supersede the rights, privileges or obligations of any individual
or other person preserved under the MRTMA.
(e)
This section does not supersede the rights, privileges or obligations
with respect to the transportation of marihuana through the City to
the extent provided by the Acts.
(f)
This section does not supersede the rights, privileges or obligations
under Michigan law with respect to the establishment and licensing
of medical marihuana facilities under the MMMA, the MMFLA or any other
federal or State of Michigan law, rule or regulation allowing for
or regulating marihuana for medical use.
(g)
This section does not affect the rights, privileges or obligations
of any individual or other person under the IHRA.
