Ithaca City Zoning Code
ARTICLE 22
Site Development Requirements
§ 22.01 Scope.
These permitted uses and uses allowed by special permit enumerated in any zoning district, if included below, shall be subject to all the conditions and requirements of this article, § 20.03, the definitions in Article 4, as well as applicable provisions in Article 27, off-street parking and loading and unloading requirements and Article 28, signs.
22.01:1.
Adult uses.
(a)
Purpose.
(1)
In the development and execution of this article, it is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one or more of them are located in near proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this article. These controls are for the purpose of preventing a concentration of these uses within any one area, or to prevent deterioration or blighting of a nearby residential neighborhood. These controls do not legitimatize activities, which are prohibited in other sections of this Code.
(2)
In regulating sexually oriented businesses, it is the purpose of this article to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.
(3)
Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City commission, and on findings incorporated in the cases of Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); Thomas v. Chicago Park District, 122 S. Ct. 775 (2002), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); East Brooks Books, Inc. v. City of Memphis, 48 F.3d 220 (6th Cir. 1995); Broadway Books v. Roberts, 642 F.Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 830 F.Supp. 378 (E.D. Ky. 1993); Richland Bookmart v. Nichols, 137 F.3d 435 (6th Cir. 1998); Dj vu v. Metro Government, 1999 U.S. App. LEXIS 535 (6th Cir. 1999); Bamon Corp. v. City of Dayton, 7923 F.2d 470 (6th Cir. 1991); Threesome Entertainment v. Strittmather, 4 F.Supp.2d 710 (N.D. Ohio 1998); J.L. Spoons, Inc. v. City of Brunswick, 49 F.Supp.2d 1032 (N.D. Ohio 1999); Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir. 1994); Nightclubs, Inc. v. City of Paducah, 202 F.3d 884 (6th Cir. 2000); O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990); Dj vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County, 2001 U.S. App. LEXIS 26007 (6th Cir. Dec. 6, 2001); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Connection Distrib. Co. v. Reno, 154 F.3d 281 (6th Cir. 1998); Sundance Assocs. v. Reno, 139 F.3d 804 (10th Cir. 1998); American Library Association v. Reno, 33 F.3d 78 (D.C. Cir. 1994); American Target Advertising, Inc. v. Giani, 199 F.3d 1241 (10th Cir. 2000); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 2002 U.S. Dist. LEXIS 1896 (D. Md., Feb. 6, 2002); Currence v. Cincinnati, 2002 U.S. App. LEXIS 1258 (6th Cir., Jan. 24, 2002); and other cases; and on testimony to Congress in 136 Cong. Rec. S 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S 5636; 134 Cong. Rec. E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000, and the Report of the Attorney General's Working Group On The Regulation of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the City commission finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Ithaca is seeking to abate and prevent in the future.
(b)
Uses subject to these controls are as follows:
(1)
Adult book stores, adult novelty stores, or adult video stores;
(2)
Adult cabarets;
(3)
Adult motion picture theaters;
(4)
Nude or seminude model studios; and
(5)
Sexually oriented businesses.
(c)
Definitions. As used in this article, the following terms shall have the indicated meanings:
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE
(1)
A commercial establishment which has significant or substantial portion of its inventory, or derives a significant or substantial portion of its revenues, 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:
a.
Books, magazines, periodicals or other printed and/or electronic or digital matter, or photographs, films, motion pictures, videocassettes, 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.
b.
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 themselves or others.
(2)
For purposes of this definition, the term "significant or substantial portion" means 20% or more of the term modified by such phrase.
ADULT CABARET
A nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1)
Persons who appear nude or seminude;
(2)
Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
(3)
Films, motion pictures, videocassettes, slides, electronic, digital or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER
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, as defined herein, for observation by patrons therein.
NUDE OR SEMINUDE MODEL STUDIO
Any building, structure, premises or part thereof regularly used solely or primarily as a place which offers as its principal activity the providing of models to display any specified anatomical areas, as defined here for patrons for a fee or charge.
REGULARLY FEATURES or REGULARLY SHOWN
A consistent and substantial course of conduct such that the films or performances exhibited on the premises constitute a substantial or significant portion of the films or performances consistently offered as a part of the ongoing business of the adult entertainment business.
SEXUALLY ORIENTED BUSINESS
An adult bookstore, video store, or novelty store, adult cabaret, adult motion picture theater, or a commercial establishment that regularly features the sale, rental, or exhibition for any form of consideration, of books, films, videos, DVDs, magazines, or other visual representation of live performances which are characterized by an emphasis on the exposure of display of specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered:
a.
Human genitals, pubic region;
b.
Buttock; and
c.
The nipple and/or areola of the female breast; and
(2)
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse or sodomy;
(3)
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(d)
Permitted uses. Any of the regulated uses listed in § 22.01:1(b) are permitted if:
(1)
The use is located within a zone district where the use is permitted by special use.
(2)
The use is located more than 500 feet from any residential zone district, measured to the nearest lot line of the proposed use.
(3)
The use is not located within 1,000 feet of one other regulated use, measured from the nearest lot line to the nearest lot line on a straight-line basis.
a.
If the proposed use is within 500 feet of a residential zone, or within 1,000 feet of one other regulated use, the zoning Board of Appeals may grant a variance pursuant to the standards provided in Article 31 of this ordinance and pursuant to the following procedures:
1.
The zoning inspections department will serve notice on all owners and occupiers of all property within 500 feet of the proposed use.
2.
Said notice will give a minimum of 30 days from the mailing of the notice until the zoning Board of Appeals hearing on the matter.
3.
Said notice will include a postcard addressed to the City, containing spaces for stating approval or disapproval of the proposed regulated use and including space for commentary.
4.
The total number of postcards returned prior to the hearing will be tallied. The votes yea and nay will also be tallied. These votes will be considered as evidence, in the zoning Board of Appeals' decision.
b.
In addition, the following requirements must be met:
1.
No person shall reside in or permit a person to reside in the premises of a sexually oriented business.
2.
No person shall operate a sexually oriented business unless there is conspicuously placed in a room where such business is carried on, a notice indicating the process for all services performed therein. No person operating or working at such a place of business shall solicit or accept any fees except those indicated on any such notice.
3.
The owner, operator, or person in charge of a sexually oriented business shall not allow entrance into such building or any portion of a building used for such use, to any minors as defined by MCL § 722.51 et seq., as amended.
4.
No person shall possess or disseminate or permit persons therein to possess or disseminate on the premises any obscene materials as defined by MCL § 752.361 et seq., as amended.
5.
No person shall operate an adult personal service business without obtaining a license from the City of Ithaca for the same. Such licenses shall be issued in compliance with the Ithaca Code of Ordinances.
6.
No person shall become the lessee or sublessee of any property for the purposes of using the property for an adult entertainment business without the express written permission of the owner of the property for such use.
c.
In addition to the site development standards and requirements specified elsewhere in this ordinance, the following shall be complied with for all sexually oriented businesses:
1.
The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.
2.
Windows, displays, signs, and decorative structural elements of buildings shall not include or convey examples of a sexual nature. All such displays and signs shall be in conformance with this ordinance and shall be approved by the Planning Commission prior to their use.
3.
All building entries, windows, and other such openings shall be located, covered, or screened in such a manner as to prevent viewing into the interior from any public or semipublic area.
4.
No loudspeakers or sound equipment shall be used by a sexually oriented business that projects sound outside of the sexually oriented business so that sound can be discerned by the public from any public or semipublic areas.
5.
A sexually oriented business shall clearly post at the entrance of the business, or that portion utilized for adult only purposes, that minors are excluded.
(e)
Limit on reapplication. No application for a regulated use which has been denied, wholly or in part, shall be resubmitted for a period of 90 days from the date of said order of denial, except on the grounds of new evidence found valid by the Board of Zoning Appeals.
(f)
Expansion and discontinuance of use. Establishments where uses subject to the control of this article are located shall not be expanded in any manner without first applying for and receiving the approval of the zoning Board of Appeals as provided in § 22.01:1(d). Further, if a use subject to the control of this article is discontinued for more than 30 days, the use may not be reestablished without applying for and receiving the approval of the zoning Board of Appeals as provided in § 22.01:1(d). Nothing in this article shall prevent the reconstruction, repairing, or rebuilding and continued use of any building or structure the uses of which make it subject to the controls of this article which is damaged by fire, collapse, explosion or act of God.
22.01:2.
Adult foster care small group homes (12 or fewer adults).
(a)
A state licensed adult foster care small group home shall not be located within 1,500 feet of another similar state licensed facility.
(b)
One on-site parking space shall be provided for each employee in addition to the parking required for the dwelling unit. The driveway may be used for this purpose.
(c)
The property (architecture and landscaping) shall be maintained in a manner that is consistent with the character of the neighborhood.
(d)
Notice to neighbors and/or neighborhood associations is highly recommended, though not required, to promote the integration of adult foster care residents into the neighborhood.
(e)
If the proposal does not meet the above criteria, a variance may be sought according to the procedures outlined in this ordinance.
22.01:3.
Adult foster care large group homes (13 to 20 adults).
(a)
A state licensed adult foster care large group home shall not be located within 1,500 feet of another similar state licensed facility.
(b)
One on-site parking space shall be provided for each employee in addition to the parking required for the dwelling unit or other accessory uses.
(c)
A designated passenger loading/unloading area of adequate dimensions shall be provided near a barrier-free entrance to the facility.
(d)
A loading/unloading area of adequate dimensions shall be provided for delivery vehicles servicing the facility.
(e)
A landscaped buffer shall be provided along all property lines that abut a less intense land use and around the visible perimeters of all parking and loading/unloading areas.
(f)
All exterior lighting of entryways, parking spaces, or loading/unloading areas shall not reflect onto adjacent properties and, preferably, should be motion activated.
(g)
Notice to neighbors and/or neighborhood associations is highly recommended, though not required, to promote the integration of adult foster care residents into the neighborhood.
(h)
If the proposal does not meet all of the above criteria, a variance may be sought according to the procedures outlined in this ordinance.
22.01:4.
Agriculture bulk collection, storage, distribution.
(a)
Each principal agribusiness use shall have frontage upon a thoroughfare having a primary or greater classification and access thereto.
(b)
The minimum lot area shall be 87,120 square feet (two acres) and the minimum lot width shall be 300 feet.
(c)
A bulk collection, storage, distribution, and similar structure shall be located not less than 50 feet from any right-of-way line and not less than 50 feet from any side or rear property line.
(d)
The total coverage of all main and accessory buildings shall not exceed 30% of the lot on which they are located.
(e)
Noise or similar objectionable characteristics incidental to the activity shall not be discernible beyond 500 feet of the boundaries of the lot or premises.
(f)
Adequate off-street parking and loading/unloading facilities shall be provided in accordance with Article 27.
22.01:5.
All other permitted uses in the C-1 and C-2 Commercial Districts not specified in this article.
(a)
Adequate off-street parking shall be provided in accordance with Article 27.
(b)
Signage requirements of Article 28 shall be adhered to.
(c)
Not more than three commercial establishments, separated by common walls, or separated by a maximum distance of 20 feet between each building, may retain one common dumpster for solid waste. Such dumpster is to be located within the rear yard of one of the establishments.
22.01:6.
Animal (veterinary) hospitals/clinics.
(a)
The minimum lot area shall be one acre.
(b)
Outdoor kennels or similar holding areas shall be at least 50 feet from any adjacent dwelling or any adjacent property used by the public and shall not be located in any required front, rear or side yard setback area. Animals must be housed within an enclosed building between the hours of 6:00 p.m. and 8:00 a.m.
(c)
Appropriate off-street parking and sign requirements as identified in Articles 27 and 28 shall be met.
(d)
All used material shall be properly disposed of in appropriate on-site containers for transport to a licensed waste facility. Provisions must be made for disposal of animal wastes in conformance with local health department regulations.
(e)
Facilities and operational procedures must meet necessary licensing requirements.
(f)
All medical and surgical procedures must occur within a completely enclosed building.
22.01:7.
Automobile service stations.
(a)
The minimum lot area shall be 10,000 square feet for an automobile service station or repair garage.
(b)
The minimum lot width shall be not less than 100 feet.
(c)
An automobile service station building shall be located not less than 50 feet from any right-of-way line and not less than 30 from any side or rear lot line abutting residentially zoned property.
(d)
The ingress and egress drives shall not be less than 15 feet in width.
(e)
No more than one curb opening shall be permitted for every 50 feet of frontage (or major fraction thereof) along any street.
(f)
No drive or curb opening shall be located nearer than 30 feet to any intersection or adjacent residential property line. No drive shall be located nearer than 30 feet, as measured along the property line, to any other drive on the premises. Curb cuts shall not be permitted where, in the opinion of the zoning officer, they may produce a safety hazard to adjacent pedestrian or vehicular traffic.
(g)
The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.
(h)
Underground storage tanks shall be in compliance with all applicable state laws, regulations and requirements.
(i)
All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 30 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.
(j)
When adjoining residentially zoned property, a six-foot masonry wall shall be erected and maintained along the connecting interior lot line, or if separated by an alley, then along the alley lot line. All masonry walls shall be protected by a fixed curb or similar barrier to prevent contact by vehicles. Such walls may be eliminated or gradually stepped down in height within 20 feet of any right-of-way line, subject to approval by the Zoning Administrator (when a permitted use in the C-2 District).
(k)
All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by an eight-foot high masonry wall and shall comply with requirements for location of accessory buildings. Outside storage or parking of each disabled, wrecked, or partially dismantled vehicle shall not be permitted for a period exceeding three days.
(l)
All exterior lighting, including signs, shall be erected and hooded so as to shield the glare of such lights from view by adjacent properties.
(m)
Only one freestanding sign per street frontage shall be permitted, not exceeding 50 square feet in area, which shall display only the name of the user or occupant of the premises.
(n)
On a corner lot, both street frontage sides shall be subject to all applicable front yard provisions of this ordinance.
(o)
Quick oil change shops shall comply with the applicable off-street waiting area requirements of § 27.03.
22.01:8.
Banks, savings and loans, credit unions (drive-through).
(a)
Banks, savings and loan, credit unions, and other financial institutions with drive-through facilities shall have a minimum lot size of 20,000 square feet, with a minimum lot width of 100 feet abutting the street right-of-way.
(b)
The minimum setback of the main and accessory building from any street right-of-way from which ingress and egress to and from the facility is located shall be 30 feet.
(c)
A drive-through facility shall be located on the site to accommodate the applicable requirements of § 27.03.
(d)
The right-of-way for vehicles using the drive-through facility shall be separate from the required parking aisle.
(e)
The area used for access to and from the drive-through facility and for required off-street parking shall be paved with concrete or bituminous asphalt.
22.01:9.
Campgrounds, travel trailer parks.
(a)
Campgrounds, travel trailer parks and similar activities shall be located only in areas which contain soils that are not considered prime for agricultural production and which are otherwise suitable for recreational use.
(b)
All campgrounds publicly or privately owned and operated shall comply with Public Act No. 368 of 1978 (MCL § 333.1101 et seq.).
(c)
The minimum lot size shall be five acres. The lot shall provide direct vehicular access to a public street or road. The term "lot" shall mean the entire campground or travel trailer park. Each lot shall be provided with at least one public telephone.
(d)
The minimum distance between designated campsites shall be 20 feet; minimum distance between travel trailers/recreational vehicles shall be 15 feet.
(e)
Appropriate vegetation and screening around the perimeter of the site shall be provided in accordance with § 18.06.
22.01:10.
Churches.
(a)
The minimum lot width shall be 100 feet.
(b)
The minimum lot area shall be 1.5 acres.
(c)
Off-street parking shall be provided in accordance with Article 27.
(d)
The main building or space used for church functions shall be separate from the living quarters of the person or persons that function as minister and/or caretaker of the facility.
22.01:11.
Commercial cleaning plants (as distinguished from dry cleaning service establishment).
(a)
The minimum lot size shall be 1.0 acre, and the minimum side yard setback shall be 20 feet.
(b)
Off-street parking and signage shall be in accordance with the requirements in Article 27 and Article 28.
(c)
All storage and disposal of chemicals used on site in the process of commercial cleaning and laundering shall be in accordance with applicable local, state and federal regulations and requirements.
(d)
All storage, processing and cleaning activities shall occur within an enclosed building.
(e)
A fence or year-round landscape buffer of a minimum height of six feet shall separate the cleaning establishment from adjacent residential properties.
(f)
Outdoor lighting shall be of a type and location so as not to infringe upon adjacent residential properties.
22.01:12.
Convalescent homes.
(a)
The minimum lot size shall be two acres.
(b)
The lot location shall be such that at least 50% of the property line abuts a paved major street. The ingress and egress for off-street parking areas for guests and patients shall be directly from said major street.
(c)
The main and accessory buildings shall be set back at least 30 feet from all property lines.
(d)
The facility shall be designed to provide a minimum of 1,500 square feet of open space for every bed used or intended to be used. This open space shall include landscaping and may include off-street parking areas, driveways, required yard setbacks and accessory uses.
22.01:13.
Child care centers, day care centers.
(a)
Such uses shall be duly licensed by the state department of human services.
(b)
Buildings and lots so used shall conform to all state and local code requirements, except that such uses or structures shall not be permitted in buildings and lots which are nonconforming uses or structures as defined in this ordinance.
(c)
A minimum of 35 square feet of indoor play area shall be provided for each child. Play areas shall be computed exclusive of hallways, bathrooms, reception and office areas, kitchens, storage areas and closets, and areas used exclusively for rest or sleep.
(d)
All outdoor play areas shall be enclosed by a nonclimbable fence that is at least 48 inches high.
(e)
The proposed use shall be served adequately by essential public facilities and services.
(f)
The proposed building shall not be out of harmony with the predominate type of building in the particular zone by reason of its size, character or location.
(g)
The proposed building shall be of a sustained desirability and stability so that the property contiguous to the development will not be unreasonably affected.
(h)
The proposed use shall conform to the building height, areas and yard requirements of the district in which it is located.
(i)
The proposed use shall not cause significant damage to the natural environment within the immediate neighborhood or the community as a whole.
(j)
One off-street parking space shall be provided for each nonfamily employee of the child care/day care center in addition to the parking normally required for the residence. A driveway may be used to fulfill this requirement.
(k)
Hours of operation shall not exceed 16 hours in a twenty-four-hour period, and activity shall be limited between the hours of 6:00 a.m. and 10:00 p.m.
(l)
Churches. The following additional standard shall apply only to church developments:
(1)
The minimum yard requirements of the use district in which the church is located shall apply except that in no event shall the yard requirement be less than 0.5 feet of the yard to each foot of building height (excluding steeples), as applied to rear or side yard depth.
22.01:14.
Drive-in theaters.
(a)
The minimum lot size shall be five acres.
(b)
The lot location shall be such that at least 10% of the property line abuts a major street or state primary road and shall be at least 500 feet from any residential district. All ingress and egress to the lot shall be directly onto said primary road.
(c)
All points of entrance or exit shall be located no closer than 60 feet to any street or road intersection (as measured to the nearest intersection right-of-way line).
(d)
Space shall be provided, on premises, for five waiting vehicles to stand at the entrance to the facility.
(e)
The theater screen shall not be visible to a state or county primary road, major street or any residential district.
(f)
Applicable off-street waiting areas shall be provided in accordance with § 27.03.
22.01:15.
Drive-through (drive-in) restaurants/fast food establishments.
(a)
The main and accessory buildings shall be set back a minimum of 30 feet from any adjacent right-of-way line or residential property line.
(b)
A six-foot high masonry obscuring wall shall be provided adjacent to any residential district.
(c)
Applicable off-street waiting areas shall be provided in accordance with § 27.03.
22.01:16.
ECHO housing.
(a)
Application for an occupancy permit for an ECHO unit on a single-family lot of record shall be made to the Zoning Administrator.
(b)
Notification of adjacent residences of the proposed placement of the ECHO unit shall be required in accordance with the procedure for special use permits identified in Article 20.
(c)
The permit shall only be issued to the person with the medical condition and is not transferable to anyone else. Occupancy shall be limited to the person with the medical condition and the person caring for the individual with the medical condition.
(d)
The occupant's medical condition must be verified by a qualified physician.
(e)
ECHO housing units may be located in the R-1, R-2 and R-3 Districts only.
(f)
All provisions of the zoning district shall apply (except the provision establishing the number of dwelling units permitted on a zoning lot).
(g)
ECHO units shall not be allowed within a cluster residential development, duplex, or multiple-family dwelling lots.
(h)
Public sanitary sewer and water service shall be provided to the ECHO unit.
(i)
Approval must be obtained from the Ithaca Fire Department.
(j)
The lot on which the ECHO unit is located must have direct access to a paved street.
(k)
The ECHO unit must conform to the HUD mobile home construction safety standards and with Public Act. No. 133 of 1974, as amended.
(l)
The unit must be vacated (removed) within 90 days after the intended occupancy ceases.
22.01:17.
Equipment rental/sales.
(a)
The minimum lot size shall be one acre.
(b)
The area used for outdoor storage of equipment/materials shall be surrounded by a fence or wall of a minimum height of six feet.
(c)
Required off-street parking areas shall be paved with concrete or asphalt.
(d)
All main and accessory structures shall be located no closer than 50 feet from a residential district.
(e)
Adequate vehicular turning radius in the interior of the site (to accommodate a pickup truck or car and trailer) shall be provided.
22.01:18.
Golf courses, country clubs.
(a)
The minimum lot size shall be 50 acres.
(b)
The main and accessory buildings shall be set back at least 50 feet from all property lines.
(c)
Appropriate planting and screening shall be provided where the golf course abuts a residential lot.
(d)
Required off-street parking shall be paved with concrete or asphalt.
22.01:19.
Golf driving range.
(a)
The minimum lot size shall be five acres.
(b)
The main and accessory buildings shall be set back at least 50 feet from all adjacent property lines.
(c)
The perimeter of the driving range shall be enclosed with a chain-link fence of a minimum height of six feet.
(d)
All outdoor lighting shall be designed and located so that the surface of the source of light will reflect the light away from any residential use.
22.01:20.
Group child care homes.
(a)
A group child care home shall not be located closer than 1,500 feet to any of the following facilities as measured along a street, road or other public thoroughfare, excluding an alley:
(1)
Another licensed group child care home.
(2)
An adult foster care small or large group home licensed by the State of Michigan.
(3)
A facility offering substance abuse treatment and rehabilitation services to seven or more people which is licensed by the State of Michigan.
(4)
A community correction center, resident home, halfway house or other similar facility which houses an inmate population under the jurisdiction of the Michigan Department of Corrections.
22.01:21.
Home occupation.
(a)
No more than 25% of the gross floor area of the dwelling unit shall be utilized.
(b)
The activities and facilities associated with the home occupation shall not change the residential character of the property or the immediate neighborhood and shall not endanger the health, safety and welfare of any other person or household living in the general or immediate area by reason of noise, glare, noxious odors, electrical interference, unsanitary conditions, excessive traffic, fire hazards and/or other such negative impacts.
(c)
Only those articles produced on the premises by such occupation may be sold or offered for sale.
(d)
No home occupation shall require outdoor storage of equipment, machinery or signs not customary in a residential location.
(e)
No more than one nonilluminated nameplate, attached to the building and not larger than two square feet in area, containing the name and occupation of the resident, will be allowed.
(f)
A home occupation that will attract an average of more than two customer vehicles at all times during operating hours shall provide off-street parking facilities in accordance with Article 27. The parking requirements associated with the use or activity in Article 27 most similar to the home occupation shall be applied.
22.01:22.
Hospitals/medical centers.
(a)
The minimum lot area shall be three acres.
(b)
The lot location shall be such that at least 50% of the property line abuts a paved major street. The ingress and egress for off-street parking facilities for guests and patients shall be directly from said major street.
(c)
The minimum main and accessory building setback shall be 50 feet.
(d)
No power plant or laundry shall be located nearer than 200 feet to any adjacent residential district.
(e)
When adjacent to a residential district, a masonry wall six feet in height, shall be erected on the perimeter of the lot upon which the hospital/medical center is located.
22.01:23.
Commercial kennels.
(a)
All commercial kennels shall be operated in conformance with all county and state regulations, permits being valid no longer than one year.
(b)
For dog kennels, the minimum lot size shall be one-half acre for the first three dogs and an additional one-half acre for each five additional animals.
(c)
Buildings wherein animals are kept, animal runs, and/or exercise areas shall not be located nearer than 30 feet to any adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area.
(d)
All applicable off-street parking and sign regulations identified in Article 27 and Article 28 shall apply.
22.01:24.
Laboratories.
(a)
All operations shall be within an enclosed building.
(b)
Solid and liquid wastes shall be contained and disposed of according to applicable state and federal requirements.
(c)
Off-street parking requirements of Article 27 shall be met.
(d)
All applicable federal, state and local health requirements shall be adhered to.
(e)
Applicable performance standards identified in § 18.07:5 shall be met.
22.01:25.
Lumberyards.
(a)
The minimum lot size shall be two acres.
(b)
The perimeter of the site used for storage, fabrication or assembly of materials shall be bounded by a chain link, wire or wood fence, concrete block or brick wall of a minimum height of five feet.
(c)
All required off-street parking spaces shall be paved with concrete or asphalt.
(d)
Loading and unloading facilities shall be located at the rear or side of the main building or at other sites behind the main building.
22.01:26.
Mortuaries/funeral homes.
(a)
The minimum lot area shall be 1.0 acre.
(b)
Off-street parking shall be provided in accordance with Article 27.
(c)
The space in the main building used for mortuary functions shall be separate from the living quarters of the person or persons owning, managing, or maintaining the mortuary.
(d)
Outdoor signage shall conform to the requirements Article 28.
(e)
A fence or natural year-round landscape barrier of a minimum height of six feet shall be located between the mortuary and adjacent residential dwellings.
(f)
Outdoor lighting shall be of a type and location so as not to infringe upon adjacent residential properties.
22.01:27.
Motel or motor court.
(a)
Each unit of commercial occupancy shall contain a minimum of 200 square feet of gross floor area.
(b)
When adjacent to a residential district, a masonry wall, six feet in height, shall be erected on the common property line.
(c)
Outdoor lighting shall be designed and located so that the surface of the source of light will reflect the light away from any residential use.
(d)
Off-street parking and loading shall be provided in accordance with Article 27.
22.01:28.
Nurseries for plants and flowers.
(a)
The minimum lot size shall be one acre.
(b)
Storage or material display areas shall meet all the yard setback requirements applicable to any building in the district.
(c)
All loading/unloading activities and parking areas shall be off-street in conformance with Article 27.
(d)
The storage of soil, fertilizer or similarly loosely packaged materials shall be sufficiently contained to prevent any adverse affect upon adjacent properties.
22.01:29.
Open-air business (for requirements for outdoor amusement facilities, refer to § 22.01:30).
(a)
The minimum lot area shall be 10,000 square feet.
(b)
The minimum lot width shall be 100 feet.
(c)
Lighting shall be installed in such a manner which will not create a traffic hazard on abutting streets or which will cause a glare or direct illumination to be cast onto adjacent properties, residential or otherwise.
(d)
Storage or material display areas shall meet all the yard setback requirements applicable to any buildings in this district.
(e)
In the case of car sales lots:
(1)
All areas subject to vehicular use shall be paved with durable dust-free surfacing, with appropriate bumper guards where needed.
(2)
Lighted parking areas shall not create a nuisance for nearby properties, including, but not limited to: agricultural machinery sales and service, new and used car sales, lawn and garden sales and service.
22.01:30.
Outdoor amusement facilities.
(a)
The minimum lot size shall be one acre.
(b)
A front yard setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained.
(c)
Adequate off-street parking in accordance with Article 27 shall be provided.
(d)
Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.
(e)
All lighting shall be shielded from adjacent residential districts.
(f)
A four-foot, six-inch obscuring wall or fence must be provided around the perimeter of the site.
22.01:31.
Parks, recreational facilities.
(a)
The minimum area for a park shall be one-half acre.
(b)
Adequate parking as required in Article 27 shall be provided.
(c)
A natural vegetation strip at least 10 feet wide shall be maintained between the park area and all other adjacent land uses.
(d)
Any outdoor lighting shall be designed and located so that the surface of the source of light will reflect the light away from any residential use.
22.01:32.
Permitted uses in the I-1 General Industrial District.
(a)
All uses and activities in the I-1 General Industrial District shall conform to the performance standards of operation identified in § 18.07:5(a) through (i).
22.01:33.
Private fraternal clubs and lodges.
(a)
The minimum lot size shall be one acre.
(b)
The main and accessory buildings shall be set back at least 30 feet from all property lines.
(c)
Adequate off-street parking, as identified in Article 27, shall be provided.
(d)
All outdoor lighting shall be designed and located so that the surface of the source of light will reflect the light away from any residential use.
(e)
When adjacent to a residential use, a masonry or brick wall, or fence six feet in height shall be erected on the common lot line between the two properties.
22.01:34.
Private outdoor recreation camps.
(a)
The minimum lot size shall be 10 acres.
(b)
Outdoor cooking facilities shall be constructed of appropriate fireproof material and be adequately vented and located an adequate distance from trees, vegetation and other structures to ensure appropriate fire protection.
(c)
Adequate off-street parking shall be provided to accommodate the expected number of vehicles that will use the site at any one time.
(d)
Main and accessory buildings shall meet the minimum yard setback requirements of the district in which the camp is located.
(e)
Adequate screening and vegetation shall be required where the camp abuts a residential, commercial or industrially zoned property (refer to buffer yard performance requirements, § 4.12:2 or, if site performance development, § 18.06).
(f)
Outdoor lighting shall be located so as not to create a glare or other visual nuisance upon adjoining property.
22.01:35.
Private swimming pools.
(a)
For permanent above or below ground swimming pools, and for portable pools with a diameter exceeding 24 feet or an area exceeding 200 square feet, a permit must be obtained for its alteration, erection and construction. The application for such permit shall include the name of the owner, the manner of supervision of the pool, a plot plan showing the dimensions and site location of the pool plus nearby buildings, fences, gates, septic tanks, tile fields, public utilities and easements. The application for a below ground pool shall be accompanied by plans and specifications to scale of the pool walls, slope, bottom, walkway, diving boards, type and rating of auxiliary equipment, piping and valve layout. Any other information affecting construction and safety features deemed necessary by the City or the county health department shall also be submitted.
(b)
No portion of the swimming pool or associated structures shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use.
(c)
Minimum side yard setback shall comply with required side yard spaces specified for the zoning district wherein the pool is located. Furthermore, the pool fence must not be built within the required front yard of a required corner lot side yard. Rear or side yard setback shall not be less than 10 feet between the pool outside wall and the side or rear property line, or less than five feet between pool wall and any building on the lot.
(d)
All swimming pools shall be completely enclosed by a chain-link fence or a fence of comparable safety not less than six feet nor more than eight feet in height, and set at a distance of not less than six feet from the outside perimeter of the pool wall, except for swimming pools above grade (i.e., portable) which have a side wall with a smooth surface of not less than four feet in height and with all means of access being secured, raised and/or locked to prevent unauthorized use. Except, that if a building is located on a lot not leaving any means of public access, a fence shall not be required on any such side. All openings in any such fence or building shall be equipped with a self-closing, self-latching gate or door which shall be securely locked with a tamper-proof lock when the pool is not in use, provided that, if the entire premises is enclosed by fence or wall, the fence requirement may be waived by zoning officer, after due inspection and approval.
(e)
All electrical installations or wiring in connection with below ground swimming pools shall conform to the provisions of the National Electrical Code or equivalent. If service drop conductors or other utility wires cross under or over the proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation thereof before a permit shall be issued for the construction of the swimming pool.
22.01:36.
Public utility service buildings/stations (essential). Buildings and facilities associated with essential services, as defined in Article 2, shall be permitted as authorized by law and other ordinances in any use district. The construction, erection, alteration and maintenance of essential public utilities service buildings/stations shall be exempt from the application of this ordinance. Fees will be charged for substations, regulator buildings and auxiliary buildings, but not for those elements directly associated with distribution or transmission systems.
22.01:37.
Radio and television towers.
(a)
The setbacks for each tower from adjacent rights-of-way and/or property lines shall be not less than 1 1/2 times the height of each tower above the ground.
(b)
Unless specifically waived by the Planning Commission, an open weave wire fence eight feet in height shall be constructed on the boundary property line.
22.01:38.
Salvage yards.
(a)
The minimum lot size shall be three acres.
(b)
The setback from the front property line to the area upon which junk materials are stored shall be not less than 60 feet and said area shall be screened from the roadway and from any adjoining residential or business uses by an obscuring fence 10 feet in height. Said fence shall be kept uniformly painted, neat in appearance and shall not have any signs or symbols painted on it.
(c)
All structures and fencing and used material storage yards shall be set back not less than 50 feet from any street or highway right-of-way.
(d)
All roads, driveways, parking lots, and loading and unloading areas within any junk yard shall be paved, watered or chemically treated so as to limit, for adjoining lots and public roads, the nuisance caused by wind-borne dust.
22.01:39.
Schools, civic buildings, post offices, fire stations and other similar public structure facilities.
(a)
Adequate off-street parking must be provided in accordance with the standards in Article 27.
(b)
Schools must provide adequate space for loading/unloading of students and temporary or permanent parking of buses.
(c)
The minimum setbacks for main and accessory school structures shall be 50 feet.
(d)
The minimum distance between main and accessory school structures and residential property or residential districts shall be 300 feet.
(e)
Main and accessory structures associated with fire stations shall be located no closer than 100 feet from a residential district or residential property.
(f)
Adequate warning signs shall be provided at appropriate locations on both sides of the street on which emergency vehicles enter and exit.
22.01:40.
Shops for building contractors.
(a)
The minimum lot size shall be 30,000 square feet.
(b)
Areas used for storage, milling and/or fabrication shall be surrounded by a fence or wall of a minimum height of six feet and shall be located at the rear of the main building.
(c)
Vehicles and equipment used in construction shall be parked or stored in the rear, or on the side, of the main building.
(d)
The minimum distance between any structure or area on the premises in which construction or fabrication activity occurs as a function of the business shall be located no closer than 75 feet from a residential district.
22.01:41.
Stables.
(a)
For breeding, rearing and housing of horses, mules and similar domestic animals, the minimum lot size shall be 5.1 acres, except that up to three saddle horses or ponies may be housed and reared on lots of two to five acres.
(b)
An accessory building used as a stable shall not be located nearer than 50 feet to any property line and not nearer than 100 feet to any dwelling.
(c)
Animals shall be confined in a suitable fenced area, or paddock, to preclude their approaching nearer than 30 feet to any dwelling on adjacent premises.
(d)
The facility shall be so constructed and maintained that odor, dust, noise or drainage shall not constitute a nuisance or hazard to adjoining premises.
(e)
Appropriate off-street parking, as identified in Article 27 shall be provided.
(f)
Outdoor lighting shall be located so as not to create a glare or other visual nuisance upon adjoining property.
22.01:42.
Tire shops.
(a)
All processing, fabrication, retreading and similar activity shall occur within an enclosed building.
(b)
New, used and retread tires shall be stored in an enclosed building.
(c)
Off-street parking for customers shall be paved with concrete or asphalt.
22.01:43.
Trailer sales yards.
(a)
Trailer sales yards shall adhere to the requirements of § 22.01:29, open-air business.
22.01:44.
Vehicle wash establishments.
(a)
The minimum lot size shall be 12,000 square feet, minimum lot width shall be 100 feet.
(b)
All washing activities must be carried on within a building.
(c)
The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. A street or alley shall not be used as maneuvering or parking space for vehicles to be serviced by the subject facility.
(d)
A six-foot high concrete block or brick wall or solid wood fence shall be located on the perimeter of the property on three sides.
(e)
Outdoor lighting shall be designed and located so that the surface of the source of light will reflect the light away from any residential use.
(f)
No more than one curb opening shall be permitted for every 50 feet of frontage (or fraction thereof) along any adjacent street.
(g)
Ingress and egress drives shall not be less than 15 feet wide.
(h)
No drive or curb opening shall be located nearer than 30 feet to any intersection or adjacent residential property line. No drive shall be located nearer than 30 feet, as measured along the property line, to any other drive on the premises. Curb cuts shall not be permitted where, in the opinion of the Zoning Administrator, they may produce a safety hazard to adjacent pedestrians or vehicular traffic.
(i)
The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.
(j)
Adequate holding space shall be provided as required in § 27.03.
22.01:45.
Warehousing of wholesale and retail merchandise.
(a)
Adequate ingress and egress to the site shall be provided.
(b)
Outdoor lighting shall be provided for parking and security and shall be designed and located so that the surface of the source of light will reflect the light away from any residential use.
(c)
Where a parcel on which a warehouse is located is adjacent to a residential use, a solid wall or fence six feet in height shall be located on the common property line.
(d)
Outdoor storage areas shall be surrounded by a chain-link fence, solid fence, or wall of a minimum height of eight feet and a maximum height of 10 feet.
(e)
All parking, loading and unloading areas shall be paved with concrete or asphalt and designed and constructed with appropriate stormwater runoff facilities.
22.01:46.
Ground-floor residential in mixed-use buildings in C-1 Zoning District.
[Added 6-18-2019 by Ord. No. 2019-03]
(a)
Residential use on the ground floor of a mixed-use building in the C-1 District shall not exceed 60% of the gross square footage of the ground floor of the building.
(b)
Any residential use shall be restricted to the rear portion of the ground floor. The remaining front of the building shall be retained for commercial/retail/office or other similar use with a main entrance off of the frontage street.
(c)
If an existing commercial/retail/office or other similar use has a rear public entrance to the building off of an alley or parking lot, then reasonable efforts shall be made to retain a rear entrance to the resulting commercial/retail/office use in the front of the building.