Ithaca City Zoning Code
ARTICLE 33
Amendments, Interpretation, Severability, Penalties
§ 33.01 Amendment to this ordinance.
The Ithaca City Council is authorized and empowered to cause this ordinance to be amended, supplemented or changed, pursuant to the authority and according to the procedures set forth in Public Act No. 110 of 2006 (MCL § 125.3101 et seq.), as amended. Proposals for amendments may be initiated by the City Council, the Planning Commission or by petition of one or more property owners in the City of Ithaca affected by the proposed amendment.
§ 33.02 Processing of amendment.
The procedure for amending this ordinance shall be as follows:
33.02:1.
Each petition shall be submitted to the Zoning Administrator accompanied by the proper fee, and then referred to the Planning Commission at the next regularly scheduled meeting or at a special meeting called for such purpose.
33.02:2.
The Planning Commission shall conduct a public hearing, the notice of which shall be given by two publications in a newspaper of general local circulation. The newspaper notice shall be published the first time not more than 30 days nor less than 20 days prior to the proposed hearing, and the second newspaper notice not more than eight days prior to the hearing.
33.02:3.
If the property involved adjoins another unit of government, the proper officials are to be given notice of the public hearing at a reasonable time before the public hearing date and shall also be given an opportunity to comment on any coordinated action or review deemed necessary.
33.02:4.
In rezoning matters, notices of the public hearing shall be given as required by Public Act No. 110 of 2006 (MCL § 125.3101 et seq.), as amended.
33.02:5.
Following the public hearing, the Planning Commission shall transmit its recommendations to the City Council. The City Council shall grant a hearing on the proposed amendment to any property owner who has filed a written request for a hearing prior to the regular meeting at which the proposed amendment is to be scheduled.
33.02:6.
No petition for rezoning, which has been disapproved by the City Council, shall be submitted for a period of one year from the date of disapproval except as permitted by the City Council after becoming aware of new evidence which may result in approval upon resubmittal.
§ 33.03 Interpretation.
In interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. Where this ordinance imposes a greater restriction than is required by existing ordinances or by rules, regulations or permits, the provisions of this ordinance shall control. Nothing in this ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of the public health, safety and welfare.
§ 33.04 Severability.
This ordinance and its various parts, sections, subsections, phrases and clauses are hereby declared to be severable. If any part, sentence, paragraph, section, subsection, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this ordinance shall not be affected.
§ 33.05 Violation; penalty.
33.05:1.
Any person, firm or corporation, including, but not by way of limitation, builders and contractors who shall violate, neglect, or refuse to comply with or who resist the enforcement of any of the provisions of this ordinance or conditions of the Board of Appeals or City Council adopted pursuant to the provisions of this ordinance, or conviction thereof, shall be punished by a fine to be determined by the City Council, but not to exceed $500 and costs of prosecution, or by being imprisoned in the county jail for not more than 90 days, or both such fine and imprisonment, at the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.
33.05:2.
The imposition of any sentence shall not exempt the offender from compliance with the requirements of this ordinance. Uses of land, and dwellings, buildings, or structures, including tents, trailer coaches and mobile homes, used, erected, altered, razed, or converted in violation of any provision of this ordinance, are hereby declared to be a nuisance per se. The court may order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer coach, mobile home, or land may be adjudged guilty of maintaining a nuisance per se, and the same may be abated by order of any court of competent jurisdiction.
§ 33.06 Rights and remedies.
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
§ 33.07 General responsibility.
The City Council or its duly authorized representative is hereby charged with the duty of enforcing this ordinance, and the Council is hereby empowered to begin and pursue any and all necessary and appropriate actions and/or proceedings in the circuit court, or any other court having jurisdiction to restrain and/or prevent any noncompliance with, or violation of, any of the provisions of this ordinance, and to correct, remedy and/or abate such noncompliance or violation, and it is further provided that any person aggrieved or adversely affected by such a noncompliance or violation, may institute suit and/or join the City Council in such a suit to abate the same.
§ 33.08 Enactment and effective date.
The foregoing zoning ordinance, zoning maps were adopted at a meeting of the Ithaca City Council on __________, 2009 after approval of the same by the Ithaca Planning Commission following a public hearing on __________, 2009. Notice of said ordinance was ordered published in the __________, which has general circulation in the City of Ithaca, Gratiot County, Michigan, and shall become effective immediately upon the date of such publication.