1.

No lot, adjacent lots in common ownership, required yard, parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this ordinance. If already less than the minimum requirements of this ordinance, a lot or adjacent lots in common ownership or a required yard, parking area or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this ordinance. Lots or yards created after the effective date of this ordinance shall comply with the requirements of this ordinance.

2.

Accessory buildings or structures, including, but not limited to, porches enclosed by walls, or garages, attached to a dwelling unit or other main building in a substantial manner, such as by a wall or roof, shall be deemed a part of such main building, for the purpose of determining compliance with the provisions of this ordinance concerning required yards.

1.

Certain architectural features, such as cornices, eaves, gutters, chimneys, pilasters and similar features may project: (i) no further than three feet into a required front yard; (ii) no further than five feet into a required rear yard; and (iii) no further than two feet into a required side yard, with the exception of the CBD zoning district.

2.

An unenclosed stoop, deck, balcony, or window awning may project: (i) no further than eight feet into a required front yard; and (ii) no further than 15 feet into a required rear yard. Projection of such building appurtenances into a required side yard shall be prohibited. In no case shall a balcony, stoop, deck or awning be placed closer than five feet to any front or rear lot line, with the exception of the CBD zoning district.

The building height restrictions of all zoning districts shall be subject to the following exceptions: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, silos, stacks, stage towers, and scenery lofts, water tanks, public monuments, church spires, and penthouses or roof structures housing necessary mechanical appurtenances.

Accessory structure means a permanent non-habitable structure that is not served by a water supply or sewage system and is used incidental to residential or non-residential buildings. Accessory structures include, but are not limited to, attached and detached garages, screened and enclosed three-season (non-winterized) porches/sunrooms, open decks, tool and lawn equipment storage sheds, pre-fabricated storage units, shipping containers modified to meeting building code and local ordinances, covered entryways, gazebos, barns, etc. small (<200 square feet) portable structures (e.g., sheds) without permanent foundations (concrete slab, piers, footings) are not considered permanent structures, except for decks but require zoning permits. Accessory structures (<120 square feet are not subject to zoning or building permits but should adhere to zoning ordinances).

Accessory buildings or structures, except as otherwise permitted in this ordinance, shall be subject to the following regulations:

1.

Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this ordinance applicable to the main building.

2.

Accessory buildings and structures shall not be erected in any front yard.

3.

No detached accessory building shall be located closer than ten feet to any main building nor shall any accessory building or structure be located closer than five feet to any side or real lot line.

4.

Maximum size of accessory buildings [shall be as follows:]

a.

Detached accessory buildings and structures in residential districts.

(1)

An accessory building shall be subject to the following schedule:

(2)

Multiple accessory structures are permitted, subject to city review and approval; however, the combined total square footage of the accessory structures cannot exceed the maximum gross square footage per the schedule above.

(3)

An accessory building shall not occupy more than 25 percent of a required rear yard.

b.

Detached accessory buildings and structures in nonresidential districts.

(1)

An accessory building shall not occupy more than 25 percent of a required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building it is accessory to.

(2)

Multiple accessory structures are permitted, subject to city review and approval.

5.

Height of accessory buildings (shall be as follows:)

a.

Detached accessory buildings and structures in residential districts.

(1)

A detached accessory building or structure may be constructed equal to the permitted maximum building height of 16 feet in said districts.

(2)

The vertical exterior surface of a building, not forming part of the roof, shall not exceed a height of 16 feet, measured from grade to the top place of the wall.

(3)

The pitch of the roof of the accessory building shall not be less than four feet of rise for each 12 feet of horizontal run; however, no part of the roof system shall exceed 30 feet. Flat and mansard type roofs shall not be permitted.

b.

Detached accessory buildings and structures in nonresidential districts.

(1)

Detached accessory buildings or structures in all non residential districts may be constructed equal to the permitted maximum building height in said districts, subject to zoning board of appeals review and approval, if the building or structure exceeds one story or 15 feet in height.

6.

When an accessory building is located on a corner lot, the lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot to the rear of such corner lot.

(Ord. No. 327, § 1, 12-14-1999; Ord. No. 339, § 2, 1-9-2001; Ord. No. 412, 5-10-2012; Ord. No. 450, 8-18-2022)

Any single-family dwelling, whether constructed and erected on a lot or a manufactured home, shall be permitted only if it complies with all of the following requirements:

1.

If the dwelling unit is a mobile home, the mobile home must either be (i) new and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated, or (ii) used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in subsection (i) above, and found, on inspection by the zoning administrator or his designee, to be in excellent condition and safe and fit for residential occupancy.

2.

The dwelling unit shall comply with all applicable building, electrical, plumbing, fire, energy, and other similar codes which are or may be adopted by the city, provided, however, that where a dwelling unit is required by law to comply with any federal or state standards or regulations for construction, and where such standards or regulations for construction are different than those imposed by city codes, then and in such event such federal or state standard or regulation shall apply. Appropriate evidence of compliance with standards or regulations shall be provided to the building inspector.

3.

The dwelling unit shall comply with all restrictions and requirements of this section, including without limitation, the minimum lot area, minimum lot width, minimum residential floor area, required yard and maximum building height requirements of the zoning district in which it is located.

4.

If the dwelling unit is a mobile home, the mobile home shall be installed with the wheels removed.

5.

The dwelling unit shall have a minimum horizontal dimension across any front, side, or rear elevation of 24 feet.

6.

The dwelling unit shall be firmly attached to a permanent continuous foundation constructed on the building site, such foundations to have a wall of the same perimeter dimensions as the dwelling unit and to be constructed of such materials and type as required by the building code for on-site constructed single-family dwellings. If the dwelling unit is a mobile home, its foundation and skirting shall fully enclose the chassis, undercarriage and towing mechanism.

7.

If the dwelling unit is a manufactured home, it shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the building site by an anchoring system or device complying with the rules and regulations, as amended, of the Michigan Mobile Home Commission, or any similar or successor agency having regulatory responsibility for mobile home parks.

8.

Storage area within a building with an area of no less than 120 square feet shall be provided. This storage area may consist of a basement, closet area, attic, or attached garage in a principal building, or in a detached accessory building which is in compliance with all other applicable provisions of this ordinance pertaining to accessory buildings.

9.

Permanently attached steps or porch areas at least three feet in width shall be provided where there is an elevation difference greater than eight inches between the first floor entry of the dwelling unit and the adjacent grade. Railings shall be provided in accordance with the City of Montrose Building Code.

10.

The pitch of the main roof of the dwelling unit shall not be less than three feet of rise for each 12 feet of horizontal run.

11.

The exterior finish of the dwelling unit shall not cause glare or reflection that is greater than that from siding coated with clean, white, gloss exterior enamel.

12.

The dwelling unit shall have not less than two exterior doors, with one being in either the rear or the side of the dwelling unit.

Temporary buildings and structures including, but not limited to, trailers and dumpsters incidental to construction work on a lot, may be placed on such lot, subject to the following restrictions:

1.

Temporary buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation, solid waste or fuel facilities, related to construction activity on the same lot.

2.

No temporary building or structure shall be used as a dwelling unit.

3.

The placement of temporary buildings and structures shall be in conformance with the requirements of article 19. A building permit for such building or structure, except dumpsters, shall be issued by the building inspector prior to installation.

4.

Temporary buildings and structures shall be removed from the lot within 15 days after an occupancy permit is issued by the building administrator for the permanent structure on such lot, or within 15 days after the expiration of a building permit issued for construction on such lot.

(Ord. No. 315, § 1, 3-10-1998)

1.

No building shall be erected on a lot unless said lot fronts its full width (as required by article 3) upon a street or road dedicated to the public, or designated on a recorded subdivision plat filed in the office of the county Register of Deeds.

2.

In single-family residential districts, only one principal building shall be placed on a lot of record. Multi-family developments, commercial shopping centers, or industrial parks need not front each such structure upon such streets or roads provided that adequate interior vehicular circulation and access can be assured in a site plan submitted for approval to the city planning commission [now planning board—see Charter § 5-201].

1.

The carrying out of repair, restoration and maintenance procedures or projects on vehicles in any residential zoning district, when such work is not confined to the interior of the vehicle, shall be subject to the following limitations:

a.

Procedures exceeding 48 hours in duration or which require the vehicle to be immobile or inoperable in excess of 48 hours shall be carried out within an enclosed building.

b.

Inoperable vehicles and vehicle parts shall be stored inside an enclosed building.

2.

Parking of commercial vehicles of up to one ton shall be permitted in all districts.

3.

It shall be unlawful for the owner, tenant or lessee of any lot in any residential zoning district to permit the open storage or outdoor parking of semitractor trucks and/or semitrailers, bulldozers, earth carriers, cranes, or any other similar equipment or machinery, unless parked thereon while in use for approved construction on such lot.

1.

The open parking or storage of tractors, boats, or similar vehicles not owned by the property owners or tenant of the city on lands not specifically designated for such parking or storage shall be permitted for a period of up to 72 hours. However, a travel trailer may be kept in the rear or side yard of a single-family lot for a period of up to four weeks provided a permit has first been secured from the zoning administrator.

1.

In all multiple-family, commercial and industrial districts, there shall be provided an outdoor trash storage area. Any such area shall be limited to normal refuse which is collected on a regular basis and shall be maintained in a neat, orderly and sanitary condition. The requirement for such a trash storage area may be waived by the planning commission [now planning board—see Charter § 5-201] upon a finding that it is unnecessary due to the nature of the use, or owing to provisions for indoor trash storage.

2.

A screen wall of six feet in height shall enclose three sides of the storage area. Bollards and/or other protective devices shall be installed at the opening and to the rear of any storage area to prevent damage to the screening walls. The surface under any such storage area shall be constructed of concrete which complies with local building code requirements.

3.

In no instance shall any such refuse be visible above the required screening.

4.

Any such storage area shall be located in a rear yard and/or be so located and arranged as to minimize its visibility from adjacent streets and uses. The planning commission [now planning board—see Charter § 5-201] may require an obscuring gate when the visibility of such a storage area, from a public street or adjacent use, is deemed to render an adverse influence. In no instance shall any such area be located in a front yard.

5.

All trash storage areas and/or enclosures shall be located a minimum of ten feet from any building or structure.

1.

Notwithstanding other provisions of this ordinance, fences and walls may be permitted or required subject to the following:

a.

No fence, wall, screening or planted materials with the exception of flowering annuals and perennials not to exceed 12 inches in height shall be erected in the road right-of-way.

b.

No fence along a sidewalk shall be located nearer than one foot from the inside of the sidewalk line.

c.

No fence, wall, screen or planted material shall be erected or maintained in such a way as to obstruct the vision of motorists existing driveways.

d.

No fence, wall, screen or planted material shall be erected or maintained at a street corner in such a manner as to obstruct the vision of motorists within a triangular area formed by the intersection of the street right-of-way lines and a line connecting the two points on those lines located 15 feet from their point of intersection.

e.

It is possible that lots located within a commercial or industrial zone may not contain commercial or industrial activities. If such lots contain only single-family dwellings, duplexes or apartment complexes, then such lots shall comply with the residential zone fence construction and restrictions paragraph in this ordinance.

f.

Gates in fences shall not open over public property.

g.

In areas zoned or used for residential purposes, privacy fences which block the vision shall, in addition to the other requirements of this ordinance, be subject to the following limitations:

(1)

Privacy fences should not extend beyond the front facade of a residential structure; and

(2)

All privacy fences are subject to review by the planning commission [now planning board—see Charter § 5-201] and/or its designee.

h.

All fences shall be constructed with the finished side of fence facing the public.

2.

The height of a fence or wall shall be computed as the distance from the base of the fence or wall, at grade level to the top of the highest component.

3.

Height requirements shall be as follows:

a.

Residential fences. All fences and walls in areas zoned or used for residential purposes shall not exceed six feet in height above grade level, except front yard fences, such as chainlink or decorative wrought iron fences which do not block the vision, which shall not exceed four feet in height above grade level.

b.

Business, office, or commercial fences. All fences and walls in areas zoned or used for business, office, or commercial purposes shall not be more than six feet in height above grade level.

c.

Industrial fences. All fences and walls in areas zoned or used for industrial purposes shall not exceed eight feet in height above grade level.

d.

Fences and walls for parks, schools, public buildings, and other institutional uses. The height and type of fences or walls enclosing municipal parks, public and parochial school grounds, public buildings and church grounds or land used for playgrounds, parks, picnic areas, golf courses, golf driving ranges or similar facilities for outdoor exercise and recreation shall require the approval of the planning commission [now planning board—see Charter § 5-201] after receiving the recommendation of the zoning administrator.

4.

Fences and walls shall be constructed of wood, metal or masonry, and other acceptable materials, excluding plastic interwoven weave designs. Only new material shall be used, which has been manufactured and/or treated in a manner to prevent rust and corrosion, and/or rot and decay. No person shall erect or cause to be erected a fence which is:

a.

Made with or upon which is fixed barbed wire; or

b.

Has any protective spike, nail, or sharp pointed object; or

c.

Charged with electric current.

5.

All fences and walls must be located entirely on the private property of the person constructing the fence or wall, or provided that if the adjoining property owners consent in writing to the construction of a fence or wall on their property line, it may be constructed on the property line. Such written consent shall be filed with the zoning administrator.

6.

No fence or wall shall be erected between the front building line and the front property line of a commercial or industrial use.

7.

Fences and walls must be maintained in a neat and safe condition, so as not to endanger life or property. Any fence or wall which, through lack of repair, type of construction or otherwise, endangers life or property is hereby deemed a nuisance. The building inspector shall notify the owner, agent, or person in control of the property on which such fence or wall is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence or wall safe or require that the unsafe fence or wall or any portion thereof to be removed and shall provide a time limiting such repairs, modification, or removal.

8.

Fences and walls presently in existence shall not be enlarged, rebuilt, or reconstructed without first obtaining a permit from the zoning administrator. Such fences, when replaced, shall conform with all provisions of this ordinance.

9.

Any newly rezoned property shall comply with all fence and wall requirements for the newly zoned district.

10.

No fence shall be erected or altered without first obtaining a permit from the city zoning administrator.

a.

Written application for this permit shall contain a drawing showing the location, type of fence to be constructed, description of the property, and such other information as the zoning administrator shall deem necessary.

b.

The city may impose a reasonable fee for processing a permit application.

(Ord. No. 316, §§ 1, 2, 7-14-1998; Ord. No. 336, § 1, 9-22-2000)

1.

Such sale to be conducted only by the owners or occupants of the premises on which the sale is located.

2.

No more than three rummage sales shall be conducted by any person, firm, corporation, or organization in any one calendar year.

3.

Each rummage sale may be one to ten days in duration only. A rummage sale which continues beyond ten days shall be considered commercial activity in a noncommercial zone and shall be a violation of the City of Montrose Zoning Ordinance.

4.

There shall be at least one week lapse between any two rummage sales.

5.

No sign advertising a rummage sale shall violate any of the provisions of the City of Montrose Zoning Ordinance, article 14, Sign standards.

1.

It shall be unlawful for any person, firm, corporation, partnership or other organization or entity to use any land for filling with materials of any kind without a permit granted by the planning commission [now planning board—see Charter § 5-201]. (Exception: Incidental filling as determined by the zoning administrator.)

2.

An application for a permit to fill shall be filed with the zoning administrator, who shall inspect the property to be filled and forward his written recommendation to the planning commission [now planning board—see Charter § 5-201] with the application.

3.

The planning commission [now planning board—see Charter § 5-201] may require such documents as may be reasonably necessary to assist it in making decisions.

4.

The planning commission [now planning board—see Charter § 5-201] may impose such conditions as it deems necessary to safeguard the public health, safety and the general welfare. By way of illustration, and not limitation, the following types of conditions may be imposed:

a.

Control over the distance from adjoining property within which no activity may be conducted.

b.

The kind and depth of fill material.

c.

The kind and depth of material to be used at the top of the grade.

d.

The grade of the area which must be established at the expiration of the permit term.

e.

Reasonable measures to prevent air and noise pollution.

f.

Reasonable measures to keep public roads free of excess dirt, mud, and dust, and keep the streets clean.

g.

All existing storm sewers, sanitary sewers and natural watercourses crossing property shall not be obstructed due to the filling operation or through change in present elevations.

h.

Adequate measures shall be taken to control dust.

i.

A restriction of the days of the week and hours of the day during which time a filling operation may be conducted.

1.

The keeping of household pets, including dogs, cats, reptiles and other animals generally regarded as household pets, is permitted as an accessory use in any residential zoning district. No more than a total of six cats or dogs over six months of age are allowed.

2.

The keeping of animals not normally considered household pets, including, but not limited to, pigs, horses, sheep, cattle and wild animals, is prohibited in all zoning districts.

3.

It shall be unlawful for any person owning, keeping, harboring, or having charge of any dog or cat to collect, confine, keep, or harbor such animal in a structure, pen, coop, yard, or otherwise so as to create an unsanitary, unwholesome, malodorous, or other obnoxious or unclean condition.

4.

Any person owning, keeping, harboring, or having charge of any dog or cat shall keep the yard, pen, shelter, or building provided and maintained for the confinement of such dog or cat or that is used for housing, harboring, or keeping such animal clean by removing from the premises all manure and waste matter from which odors may arise or which may act as vermin harborage. The cleaning shall occur as needed to maintain sanitary conditions.

(Ord. No. 458, § 1, 8-17-2023; Ord. No. 460, § 1, 12-21-2023)

Radio or television antennas or towers, including satellite dish antennas and transmission or reception antennas erected or installed in any zoning district, shall comply with the following requirements:

1.

An antenna or tower, with the exception of a satellite dish antenna, shall be located only in a side or rear yard. A satellite dish antenna shall be located only in a rear yard.

2.

No portion of antenna, including a satellite dish antenna, shall be located closer than six feet, measured on a horizontal plane, from any side or rear lot line, or placed on any easement.

3.

Ground-mounted antenna, including satellite dish antennas, in a yard fronting on a public street shall be screened from such street by landscaping or a wall and the site approved by the planning commission [now planning board—see Charter § 5-201], which shall require a sketch plan indicating the location of the satellite dish and buildings, paved areas and other appropriate site features within 100 feet of the proposed location.

4.

The height of an antenna, with the exception of a satellite dish antenna, shall not exceed 50 feet above mean grade or ten feet above the peak of the roofline, in any residential zoning district, and shall not exceed 100 feet above mean grade in any other zoning district.

5.

The height of a satellite dish antenna, including any platform or structure upon which the antenna is mounted, shall not exceed 15 feet in height at its maximum point above mean grade.

6.

Notwithstanding the above, a satellite dish antenna having a diameter of 24 inches or less may be located in a side yard or attached to the roof of a building, provided that no portion of the satellite dish antenna extends more than 36 inches above the highest point of the roof.

7.

The installation of an antenna, including satellite dish antenna, shall require issuance of a building permit by the building official prior to erection.

8.

The diameter of a satellite dish shall not exceed 12 feet.

9.

No advertising or identification display shall be placed on any portion of an antenna or tower, including a satellite dish antenna.

10.

No more than two antennas, including a maximum of one satellite dish antenna, shall be located on the same lot as a principal building. Antennas are permitted only in connection with, incidental to and on the same lot as a principal building, structure, or use.

(Ord. No. 337, § 1, 9-12-2000)

1.

Swimming pools will be required to comply by reference to the adopted Michigan Residential Building Code Appendix G Entitle, "Swimming Pools, Spas and Hot Tubs", including all future amendments of the 2009 Michigan Residential Building Code.

APPENDIX G.
SWIMMING POOLS, SPAS AND HOT TUBS

(The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.)

SECTION AG101
GENERAL

AG101.1 General. The provisions of this appendix shall control the design and construction of swimming pools, spas and hot tubs installed in or on the lot of a one- or two-family dwelling.

AG101.2 Pools in flood hazard areas. Pools that are located in flood hazard areas established by Table R301.2(1), including above-ground pools, on-ground pools and in-ground pools that involve placement of fill, shall comply with Sections AG101.2.1 or AG101.2.2.

Exception: Pools located in riverine flood hazard areas which are outside of designated floodways.

AG101.2.1 Pools located in designated floodways. Where pools are located in designated floodways, documentation shall be submitted to the building official, which demonstrates that the construction of the pool will not increase the design flood elevation at any point within the jurisdiction.

AG101.2.2 Pools located where floodways have not been designated. Where pools are located where design flood elevations are specified but floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the proposed pool will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction.

SECTION AG102
DEFINITIONS

AG102.1 General. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.

ABOVE-GROUND/ON-GROUND POOL. See "Swimming pool."

BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

HOT TUB. See "Swimming pool."

IN-GROUND POOL. See "Swimming pool."

RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories in height.

SPA, NONPORTABLE. See "Swimming pool."

SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.

SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure.

SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool.

SECTION AG103
SWIMMING POOLS

AG103.1 In-ground pools. In-ground pools shall be designed and constructed in conformance with ANSI/NSPI-5 as listed in Section AG108.

AG103.2 Above-ground and on-ground pools. Above-ground and on-ground pools shall be designed and constructed in conformance with ANSI/NSPI-4 as listed in Section AG108.

AG103.3 Pools in flood hazard areas. In flood hazard areas established by Table R301.2(1), pools in coastal high hazard areas shall be designed and constructed in conformance with ASCE 24.

SECTION AG104
SPAS AND HOT TUBS

AG104.1 Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-3 as listed in Section AG108.

AG104.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6 as listed in Section AG108.

SECTION AG105
BARRIER REQUIREMENTS

AG105.1 Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas and hot tubs.

AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following:

1.

The top of the barrier shall be at least 48 inches (1,219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm).

2.

Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.

3.

Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

4.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ inches (44 mm) in width.

5.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ inches (44 mm) in width.

6.

Maximum mesh size for chain link fences shall be a 2¼-inch (57 mm) square unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than 1¾ inches (44 mm).

7.

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1¾ inches (44 mm).

8.

Access gates shall comply with the requirements of Section AG105.2, Items 1 through 7, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following:

8.1.

The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate; and

8.2.

The gate and barrier shall have no opening larger than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.

9.

Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:

9.1.

The pool shall be equipped with a powered safety cover in compliance with ASTM F 1346; or

9.2.

Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. The deactivation switch(es) shall be located at least 54 inches (1,372 mm) above the threshold of the door; or

9.3.

Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable as long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described above.

10.

Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps:

10.1.

The ladder or steps shall be capable of being secured, locked or removed to prevent access; or

10.2.

The ladder or steps shall be surrounded by a barrier which meets the requirements of Section AG105.2, Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.

AG105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Section AG105.2, Item 9.

AG105.4 Prohibited locations. Barriers shall be located to prohibit permanent structures, equipment or similar objects from being used to climb them.

AG105.5 Barrier exceptions. Spas or hot tubs with a safety cover which complies with ASTM F 1346, as listed in section AG107 of the code, shall be exempt from the provisions of sections AG105.2, AG105.3, and AG105.4 of the code.

R 408.30547

SECTION AG106
ENTRAPMENT PROTECTION FOR SWIMMING POOL AND SPA SUCTION OUTLETS

AG106.1 General. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.

2.

Swimming pools, two feet or less above grade at any point shall not be located less than four feet from any lot line.

3.

Swimming pools, in excess of two feet above grade at any point shall not be located less than ten feet from any lot line.

4.

Swimming pools shall not be located in any front yard.

(Ord. No. 444, 8-20-2020)

An application for a use variance shall be subject to the requirements of section 18.6.

(Ord. No. 427, § 5, 1-14-2016)

The city planning commission [now planning board—see Charter § 5-201] shall have the power to grant permits authorizing temporary land uses for:

1.

Seasonal sales of produce, firewood, or Christmas trees, and similar uses [shall be conducted ]under the following conditions:

a.

Zoning district where permitted. Temporary uses shall be restricted to nonresidential zoning districts.

b.

Application and submittal requirement. The application for a temporary use permit shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

(1)

The shape, location, and dimensions of the lot, including the shape, size, and location of all buildings or other structures already on the lot, off-street parking layout, and the location of any designated fire lanes.

(2)

The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands, or display racks.

(3)

The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking spaces, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.

c.

Time Limitations.

(1)

A temporary use permit for the sale of seasonal items such as flowers and similar uses shall by its terms be effective for no longer than 30 days. No more than one temporary use permit for the sale of Christmas trees shall be issued for any given location within a single calendar year. A permit for the sale of Christmas trees shall be for no more than 90 days.

(2)

A temporary use permit for a vegetable, fruit, or produce stand or for the sale of firewood or similar use shall, by its terms, be effective for no longer than three months. No more than one temporary use permit for such uses shall be issued for any given location within a single calendar year.

2.

Uses which do not require the erection of any capital improvement of a structural nature, such as, civic festival events and church fairs.

3.

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

4.

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held a further provided for in this ordinance.

1.

In the central business district (CBD) zoning classification, a permit shall be required for conducting a sidewalk sale or similar use.

2.

A sidewalk sale is defined as the sale of clothing, books, jewelry, food and similar items, normally sold indoors, being displayed outside for sale.

3.

All items for sale must be the merchandise of the business receiving a permit.

4.

The terms of the permit shall be effective for no longer than five days. No more than six temporary use permits for sidewalk sales will be issued per individual/business operation within a single calendar year and there must be at least 30 calendar days between permit issuance dates.

5.

Application for a permit shall be made to the zoning administrator. Approval of all permits may be authorized by the zoning administration.

6.

Any business being denied a permit may appeal the decision to the city planning commission [now planning board—see Charter § 5-201].

1.

Any lot created after the effective date of this ordinance shall have frontage upon a public street right-of-way or legally recorded access easement at least 66 feet in width.

2.

Access driveways located on access easements or on a flagpole portion of a lot shall be surfaced with a durable pavement having an asphalt or cement binder.

1.

Except in the CBD (central business) zoning district, mechanical appurtenances, such as blowers, ventilating fans and air conditioning units, shall be placed not closer than 12 feet to any lot line.

2.

Any mechanical appurtenances, including elevator housings, stairways, tanks, heating, ventilation air conditioning equipment, and other similar apparatus, located on the roof of any building shall comply with the following standards:

a.

Such apparatus shall be enclosed in a screening structure having walls constructed of material compatible in appearance with the main building to which it is attached.

b.

The apparatus and enclosure shall not exceed a height of ten feet above the surrounding roof surface, and shall not occupy greater than 15 percent of the total area of the roof of the building on which it is placed.

1.

No unwholesome substance shall be deposited, dumped, or accumulated by any person on any place or premises, private or public, situated in the city unless such place or premises is a landfill fully licensed as required by law for the receipt and disposal of the unwholesome substance or unless the unwholesome substance is completely shielded from public view and view from adjoining properties being housed within a building or structure.

2.

As used in this section, those terms which appear below are defined as follows:

a.

The term "building material" shall be defined as all items used or useful in the construction of a building or structure including, but not limited to, lumber, bricks, concrete blocks, cinder blocks, plumbing materials, electrical wiring and equipment, heating ducts and equipment shingles, mortar, concrete, cement, sand, and gravel.

b.

The term "inoperable" vehicle shall be defined to mean any vehicle which lacks any or all of the necessary component parts to make it operative and serviceable and/or which is not currently licensed, to the extent required, for use upon the highways of the state.

c.

The term "junk" shall be defined to mean parts of machinery, vehicles or boats, used stoves or other appliances, plumbing fixtures, furniture stored in the open, iron, steel and other ferrous or nonferrous materials, batteries, remnants of wood, and, in general, any other castoff material of any kind, whether or not the same could be put to any reasonable use.

d.

The term "motor vehicle body" shall be defined to mean any motor vehicle (i) which is unable to be driven upon a highway under its own power and/or which lacks all of the necessary component parts to make it operative and serviceable as a motor vehicle, or (ii) which is not currently licensed for use upon the highways of the state.

e.

The term "trash" shall be defined to mean all of the following: (i) garbage, i.e., all organic refuse and rejected food waste; (ii) ashes, i.e., the residue left from burning of paper leaves, weeds, wood, and coal; (iii) kitchen rubbish, i.e., all types of food containers and wrappings, including cans, bottles, jars, broken glass, crockery, paper and wood boxes, and metal objects; (iv) household rubbish, i.e., all types of household materials commonly discarded such as newspapers, magazines, books, wrappings, cartons, boxes, crates, excelsior, rags, clothing, bedding, floor covering, wallpaper, leather objects and sweepings; and (v) yard rubbish, i.e., all materials which grow on the property such as grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs, branches, limbs, roots, and stumps.

f.

The term "unwholesome substance" shall be defined to mean any trash, motor vehicle body, inoperable vehicle, stone, junk, refuse, rubbish, debris, animal wastes, filth, building material unless (i) there is in force a valid building permit for construction on the property where the building materials are located and the building materials are to be used as part of that construction, or (ii) the building materials are for sale as part of a commercial business.

Essential services serving the City of Montrose shall be permitted as authorized and regulated by law and other ordinances of the city. Overhead or underground lines and necessary poles and towers to be erected and buildings, stations, and storage area or yards shall receive the review and approval, after a public hearing, of the city planning commission [now planning board—see Charter § 5-201]. Such review shall consider adjacent property and uses and consider the effects on property or use.

1.

The use of any portion of the basement of a partially completed building, or any garage or accessory building for dwelling or sleeping purposes in any zoning district is prohibited.

2.

Recreational vehicles, camping trailers, or tents may be used for living purposes when accessory to an existing single-family or two-family dwelling unit. Such use shall only be permitted for a seven-day period and for no more than one such period in any 30 consecutive days.

Any lot existing and of record on the effective date of this ordinance may be used for any principal use permitted in the district which such lot is located, other than special land uses for which special lot area requirements are specified in this ordinance, whether or not such lot complies with the lot area and width requirements of this ordinance. Such use may be made provided that all requirements other than lot area and width prescribed in this ordinance are complied with and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this ordinance for required lot area for each dwelling unit.

An open, enclosed, unenclosed or uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.

For the purpose of this ordinance, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall, for the purpose of this ordinance, not be considered to be a structure, and shall be permitted in any required yard.

Following the initiation of the construction, erection, reconstruction, modification, expansion or enlargement of any building or structure authorized under the provisions of this ordinance, completion of such work shall be diligently pursued and completed in a timely manner. Unless otherwise specified as a condition of approval of a site plan, condominium plan, or special land use, any construction authorized under the provisions of this ordinance shall be completed within one year from the date of issuance of a building permit for such construction.

The planning commission [now planning board—see Charter § 5-201] or council may withhold granting of approval of any use, site plan, or other approval required by this ordinance pending approvals which may be required by any governmental agency.

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.

The provisions of this ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

The purpose of this section is to provide standards and requirements for the keeping of chickens. Roosters are not permitted. It is intended to enable residents to keep up to six chickens on a non-commercial basis while limiting and mitigating any potential adverse impacts on surrounding properties and neighborhood. The keeping of up to six chickens that are utilized exclusively by the person(s) occupying a single-family dwelling as a locally grown food source for the consumption of eggs or meat, is permitted as accessory to the residential use if all the following are satisfied:

a.

Chickens shall be kept only in the rear yard secured within a coop and attached pen during non-daylight hours. During daylight hours, chickens may be allowed to roam outside of the coop and pen, if supervised, and only within an area completely enclosed by a fence with a minimum height of four feet.

b.

The accessory use, coop and pen shall be designed to provide safe and healthy living conditions for chickens while minimizing adverse impacts on other residents and the neighborhood. The coop and pen shall meet the following additional requirements:

1)

The coop and pen shall be setback a minimum of ten feet from all side and rear lot lines and a minimum of 40 feet from the nearest wall of any adjacent dwelling. Additionally, a coop and pen shall have a 30-foot rear yard setback.

2)

The coop and pen shall be a maximum of seven feet in height and shall not exceed a total of 90 square feet.

3)

The use of corrugated metal/fiberglass, sheet metal, plastic tarps, scrap lumber or similar materials not in keeping with the appearance of other accessory buildings in the immediate area of the property as determined by the zoning administrator is prohibited. The coop and pen must be completely enclosed with a top and/or cover.

4)

The coop and pen may be movable only if the dimensional/setback restrictions contained in this section are satisfied.

c.

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice or other rodents shall be protected to prevent rats, mice, or other rodents from gaining access or coming into contact with them.

d.

Waste materials (feed, manure, and litter) must be disposed of in an environmentally responsible manner. Piling waste materials on the property is not permitted. Litter must be kept dry.

e.

Dead chickens and waste eggs must be promptly bagged and disposed of in the garbage.

f.

The outdoor slaughter of chickens shall be screened from view from off the premises.

g.

The accessory use shall comply with all ordinances of the City of Montrose pertaining to noise, odors, dust, fumes, sanitation and health or other comparable nuisances to ensure the public health, safety, and welfare.

h.

No person shall keep chickens without first securing a permit from the Zoning Administrator on a form provided and without paying a permit fee as established by the city council by resolution. The permit shall be issued by the zoning administrator. Such permit may be revoked by the zoning administrator if it is determined that any provision of this section is violated.

i.

Establishment of an accessory use and/or accessory building under this section shall not confer a vested right in the provisions contained herein or a right to continue such use. Further, a permit granted under this section is personal to the applicant occupying the dwelling and is not transferable.

j.

All licensing required by the State of Michigan and Genesee County, as well as all other statutes, ordinances, and codes, shall be satisfied.

k.

No permit shall be issued by the zoning administrator without the written authorization from an owner of the property (if different from the applicant) consenting to the application on a form provided. Once authorization is obtained it shall continue for as long as the applicant is in possession of the property.

(Ord. No. 458, § 2, 8-17-2023)