Mount Pleasant City Zoning Code
ARTICLE 10
Introductory Provisions
§ 90-10.10 Title.
§ 90-10.20 Authority.
§ 90-10.30 Effective date.
[Ord. No. 19-2020, 6-8-2020]
The provisions of this zoning chapter become effective on June 8, 2020, except as otherwise expressly stated.
§ 90-10.40 Applicability and jurisdiction.
[Ord. No. 19-2020, 6-8-2020]
The provisions of this zoning chapter apply to all public and private use and development of properties within the Village of Mount Pleasant, except as provided by state or federal law or as otherwise expressly stated in this zoning chapter.
§ 90-10.50 Purposes.
[Ord. No. 19-2020, 6-8-2020]
This zoning chapter is adopted for the following purposes:
(a)
Promoting land use and development patterns that are consistent with the Comprehensive Plan and other relevant, officially adopted plans of the Village;
(b)
Protecting the public health, safety and general welfare of the Village;
(c)
Securing safety from fire, flooding, pollution, contamination and other dangers;
(d)
Maintaining and promoting safe motorized and nonmotorized circulation;
(e)
Ensuring the provision of adequate open space for light, air, firesafety and recreation;
(f)
Protecting environmentally sensitive areas;
(g)
Removing obstacles and providing opportunities for energy conservation and renewable energy use;
(h)
Facilitating the adequate, efficient and cost-effective provision of infrastructure and other public services and facilities;
(i)
Preserving the natural scenic beauty of the Village and enhancing the appearance of the natural and built environment;
(j)
Stabilizing, protecting, and enhancing property values;
(k)
Protecting productive agricultural land from premature urbanization and providing opportunities for local food production;
(l)
Accommodating innovative project designs, including developments that incorporate mixed uses and housing variety and choice;
(m)
Promoting the orderly development and economic vitality of the Village;
(n)
Providing an adequate variety of housing and commercial building types to satisfy the Village's social and economic goals; and
(o)
Providing for the administration and enforcement of this zoning chapter, as well as remedies and penalties for ordinance violations.
§ 90-10.60 Minimum requirements.
[Ord. No. 19-2020, 6-8-2020]
(a)
The provisions of this zoning chapter are the minimum requirements deemed necessary to carry out the zoning chapter's stated purposes.
(b)
In addition to the requirements of this zoning chapter, all uses, buildings and structures must comply with all other applicable ordinances, laws and regulations.
(c)
References in this zoning chapter to other governmental regulations do not constitute a complete list of such regulations. These references do not imply any responsibility for the Village to enforce regulations imposed by other government authorities.
§ 90-10.70 Compliance required.
[Ord. No. 19-2020, 6-8-2020]
(a)
All lots created or modified must comply with all applicable provisions of this zoning chapter.
(b)
The use of land, buildings and structures must comply with the provisions of this zoning chapter.
(c)
Buildings and structures erected, located, moved, reconstructed, extended or structurally altered must comply with the provisions of this zoning chapter.
§ 90-10.80 Conflicting provisions.
[Ord. No. 19-2020, 6-8-2020]
(a)
Abrogation. The regulations of this zoning chapter are not intended to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law.
(b)
State or federal regulations. If the provisions of this zoning chapter are inconsistent with or conflict with state or federal law, the applicable state and federal law or regulation governs.
(c)
Other Village regulations. If the provisions of this zoning chapter are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the Village, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
(d)
Private agreements and covenants. The Village is not responsible for monitoring or enforcing agreements or covenants among private parties. If the provisions of this zoning chapter impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this zoning chapter govern.
§ 90-10.90 Language and interpretation.
[Ord. No. 19-2020, 6-8-2020]
(a)
Meanings and intent.
(1)
Words and terms expressly defined in this zoning chapter including those defined in Division 90-620 have the specific meanings assigned unless the context indicates another meaning.
(2)
Words that are not expressly defined in this zoning chapter have the meaning assigned in Merriam-Webster's Collegiate Dictionary.
(c)
Computation of time.
(1)
References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular Village government working days, excluding Saturdays, Sundays and holidays observed by Village government.
(2)
The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by Village government, that day is excluded.
(3)
A day concludes at the close of business, and any materials received by the Village after that time will be considered to have been received the following day.
(d)
Tenses and usage.
(1)
Words used in the singular include the plural. The reverse is also true.
(2)
Words used in the present tense include the future tense. The reverse is also true.
(3)
The words "shall," "will," and "must" are mandatory.
(4)
The word "may" is permissive, not mandatory or required, but the phrase "may not" means that the referenced action is expressly prohibited.
(5)
Phrases that include numbers, such as "up to x," "not more than x" and "a maximum of x" all include "x."
(6)
The words "used" and "occupied" include "intended and designed to be used or occupied."
(e)
Illustrations. Illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning chapter. In case of any difference of meaning or implication between the text of this zoning chapter and any figure or illustration, the text governs.
(f)
References to other regulations. All references in this zoning chapter to other Village, county, state, or federal regulations are for informational purposes only, and do not necessarily constitute a complete list of applicable regulations. References to other applicable regulations do not imply any responsibility by the Village for enforcement of such regulations.
(g)
Versions and citations. All references in this zoning chapter to other Village, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations or successor regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other successor regulations, zoning chapter requirements for compliance are no longer in effect.
(h)
Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
(i)
Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the Village to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning chapter expressly prohibit such delegation.
(j)
Public officials and agencies. Unless otherwise expressly stated, all employees, public officials, and boards and commissions to which references are made are those of the Village of Mount Pleasant.
§ 90-10.100 Zoning Map.
[Ord. No. 19-2020, 6-8-2020]
(a)
Establishment. The location and boundaries of the districts defined in this zoning chapter must be established by ordinance and shown on a geographic coverage layer that is maintained as part of a geographic information system (GIS) under the direction of the Community Development Director. This zoning geographic coverage layer constitutes the Village's official Zoning Map.
(b)
Maintenance and updates. The Community Development Director is responsible for directing revisions to the official Zoning Map to reflect its amendment as soon as possible after the effective date of any ordinance establishing or amending zoning district boundaries.
(c)
Boundaries. Zoning boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the boundary is deemed to extend to the center line of abutting streets. When a map is used, boundary lines must be established by dimensions, property lines, recorded lot lines, or the center line of abutting streets, alleys, or railroad rights-of-way, as those features were of record at the time of adoption.
(d)
Map interpretations. Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, the Community Development Director is authorized to make an interpretation of the boundaries. The following rules apply to all Zoning Map interpretations:
(1)
Boundaries shown as approximately following the center lines of streets, highways, alleys or other public rights-of-way must be construed to follow such center lines.
(2)
Boundaries shown as approximately following platted lot lines must be construed as following such lot lines.
(3)
Boundaries shown as approximately following Village limit lines must be construed as following those lines.
(4)
Boundaries shown as approximately following railroad lines must be construed to be midway between the main tracks.
(5)
Boundaries shown as approximately following the shoreline or center line of a river, stream, lake or other watercourse must be construed as following the actual shoreline or center line of the watercourse. If, after establishment of the boundary, the shoreline or center line of the watercourse moves as a result of natural processes, the boundary must be construed as moving with the shoreline or center line of the watercourse.
(e)
Annexed land. When land is annexed or otherwise brought into the zoning jurisdiction of the Village, it must be assigned a zoning classification based on the Comprehensive Plan, existing land uses, any applicable annexation agreement or other relevant considerations.
(f)
Split-zoned parcels.
(1)
The Zoning Map may not be amended to classify a single parcel into two or more base zoning districts. This provision does not apply to overlay zoning districts.
(2)
The split zoning of any newly created parcel (into more than one base zoning district classification) is prohibited. This provision does not apply to overlay zoning districts.
(3)
The following regulations apply to existing parcels that are classified in two or more base zoning classifications:
a.
For existing and proposed uses and structures, the more restrictive provisions of the applicable zoning districts apply to the entire parcel except when one base zoning district applies to at least 75% of the total parcel area and the remainder of the parcel is less than 10,000 square feet in area. The regulations of the zoning district that applies to the larger portion of the parcel applies to the entire parcel.
Figure 90-10-1 Split-Zoned Lots  |
b.
Building setbacks do not apply along base zoning district boundary lines that split a parcel under single ownership.
c.
If any use, building or structure rendered nonconforming by the split-zoned parcel provisions of this section is accidentally damaged or destroyed, it may be reestablished, as long as the reestablishment does not increase the extent of nonconformity.
§ 90-10.110 Transitional provisions.
[Ord. No. 19-2020, 6-8-2020; amended 6-9-2025 by Ord. No. 9-2025]
The provisions of this section address the transition to this zoning chapter from the zoning ordinance in effect immediately before the effective date specified in § 90-10.30.
(a)
Applications, permits and approvals.
(1)
Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in § 90-10.30 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning chapter. If the building, development or structure is commenced but not completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning chapter.
(2)
Complete applications for variances, exceptions, special permits, conditional uses, site plans, planned developments, and other zoning-related approvals that are pending approval on the effective date specified in § 90-10.30 must be reviewed wholly under the terms of the zoning ordinance in effect immediately preceding the effective date specified in § 90-10.30.
(3)
The Community Development Director is authorized to issue permits for construction or development approved before the effective date specified in § 90-10.30 and for developments pending approval before that effective date even if such building, development or structure does not fully comply with provisions of this zoning chapter. If building is not commenced and completed within the time allowed under the permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning chapter.
(b)
Zoning district name conversions. The zoning district names in effect before the effective date specified in § 90-10.30 are converted as indicated in Table 90-10-1.
Table 90-10-1 Zoning Name Conversions | |
|---|---|
Previous District | New (Renamed) District |
Residential | |
OAG | RE |
R-100 and R-100D | RL |
R-75 and R-75D | RL |
R-60 and R-60D | RL or RN (based on lot size) |
R-40 | RN |
RM-1 | RN |
RM-2 | RM |
RM-3 and RM-4 | RH |
R-50MH | Eliminated |
Mixed-Use | |
None | MX-1 (new district) |
None | MX-2 (new district) |
None | MX-3 (new district) |
None | MX-4 (new district) |
Business and Employment | |
B-1 | B-1 |
OOS | B-1 |
B-2 and B-4 | B-2 |
B-3 | B-3 |
OHS | B-4 |
B-P | B-P |
M-E | M-1 |
M-1 | M-2 |
OEL | M-3 |
Special Purpose | |
None | AG-1 (new district) |
AG | AG-2 |
PUL | P-1 or P-2 |
W-F | Eliminated1 |
AUH | Eliminated (rezone to R) |
RCH | Eliminated |
Overlay | |
OAG | RE, AG-1 or AG-2 (varies) |
OEL | M-3 |
OCR | Eliminated |
OCS | Eliminated1 |
OIP | P-1 or P-2 |
OHS | B-4 |
OOS | B-1 |
OPD | PD (legacy district) |
OLC | Eliminated |
NOTE: | |
1 | Handled through generally applicable development regulations rather than mapped zoning designation. |
§ 90-10.120 Disclaimers of liability.
[Ord. No. 19-2020, 6-8-2020]
(a)
The Village does not guarantee, warrant or represent that only the soils listed as being unsuited for specific uses are the only unsuitable soils and hereby asserts that there is no liability on the part of the Village Board, its agencies or employees for any sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this zoning chapter.
(b)
The Village does not guarantee, warrant, or represent that only those areas designated as floodplain will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village, its officers, employees, agents, or representatives for any flood damages, sanitation problems, or structural damages.
§ 90-10.130 Severability.
[Ord. No. 19-2020, 6-8-2020]
(a)
If one or more provisions of this zoning chapter, or the application of this zoning chapter to specific properties is held by a court of competent jurisdiction to be unlawful, invalid, unenforceable, or preempted by applicable state or federal law or regulations, such provisions are deemed to be severed from this zoning chapter. Remaining provisions remain in full force and effect.
(b)
If any requirement or condition attached to an approval given under this zoning chapter is found to be invalid by a court of competent jurisdiction, it will be presumed that the approval would not have been given without the requirement or condition and, therefore, the subject approval will also be deemed invalid.