Ithaca City Zoning Code
ARTICLE 4
General Provisions
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.
§ 4.01 The effect of zoning.
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.
§ 4.02 Restoration of unsafe buildings.
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.
§ 4.03 Required area or space.
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 Illegal dwellings.
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.
§ 4.05 Accessory buildings.
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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§ 4.06 Regulation of dish-type satellite signal-receiving antennas.
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 Dumping of materials.
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.
§ 4.08 Excavation of holes.
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.
§ 4.09 Existing platted lots (smaller than zoning district requirements).
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.
§ 4.10 Basis of determining yard and setback requirements.
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.
§ 4.11 Fences, walls and hedges.
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 Greenbelts and protective screening.
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.
§ 4.13 Demolition permits.
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.
§ 4.14 Water supply, sewage disposal.
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.
§ 4.15 Use of temporary buildings and structures.
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.
§ 4.16 Essential services.
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.
§ 4.17 Crops.
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.
§ 4.18 Grading permits.
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.
§ 4.19 Reversion of rezoned area.
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 Temporary storage of used materials and vehicles.
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.
§ 4.21 Voting place.
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.
§ 4.22 Principal use.
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.
§ 4.23 Corner lot.
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 Street access.
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.
§ 4.26 Buildings to be moved.
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.
§ 4.27 Trash containers.
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.
§ 4.28 Storage area.
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 Mobile home dwellings.
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.
§ 4.30 Minimum width of dwellings.
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 Building heights.
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 Private roads.
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.
§ 4.33 Travel trailers (parking, storage, occupancy).
[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.
§ 4.34 Marihuana establishments and facilities.
[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.