Montrose Charter Township
City Zoning Code

GENERAL PROVISIONS

§ 153.335 SCOPE.

It is the purpose of this subchapter to establish general requirements applicable to all uses of land and structures in this chapter, except as otherwise specifically identified herein.

(Ord. 99, passed 11-18-1996, § 22.01)

§ 153.336 SINGLE-FAMILY DWELLING REQUIREMENTS.

The intent of these requirements is to regulate single-family dwellings, to prescribe uniform standards, to provide for inspection and enforcement, to provide conditions and limitations for the construction and occupancy thereof, to protect surrounding areas from depressed property values and to protect the safety, health, and welfare of the residents and occupants thereof. These regulations do not apply to mobile home parks.

(A) No person, firm or corporation shall construct, build, or place a single-family dwelling on any lot without first obtaining a building permit from the township.

(B) Before a building permit may be issued for the construction of a single-family dwelling, the applicant must first petition the administrative official for a permit and shall submit 2 sets of lot layout plans which shall contain the following information:

(1) Statistical data, including the name and address of owner, size of lot, zoning classification, location of sewer and water, results of perk test, square feet, and number of rooms together with any other requirements as are reasonable and that the administrative official may require;

(2) A plan drawn to scale of 1 inch equals 20 feet showing the proposed layout of home, with driveway, auto parking, landscaping, well and septic locations, and any other information the administrative official deems necessary;

(3) The administrative official shall review the plan and communicate his or her approval or recommend plan modification to the applicant. In cases where modifications have been recommended, the applicant shall submit a revised plan to the administrative official for review;

(4) The administrative official shall approve the plan only upon a finding that the proposed construction will not cause undue hardships, create an unsafe or hazardous condition and that the proposed home should not depress real property value or be inconsistent with aesthetics of the immediate surrounding neighboring homes;

(5) The final plan, as submitted by the applicant, may be disapproved for any inadequacy found to be detrimental to the character or real property values of the neighborhood or detrimental to the public health, safety, and general welfare; and

(6) A denial of a building/zoning compliance permit by the administrative official/building official for failure to comply or meet the standard of this section may be appealed to the township's Zoning Board of Appeals.

(C) All single-family dwellings shall be subject to the requirements of the Township Zoning and Building Code, as amended. All like dwellings shall also be subject to all other laws and ordinances that pertain to the dwellings.

(D) The following general requirements are necessary to facilitate the orderly placement of new dwellings in single-family districts in conjunction with existing dwellings; to assure adequate construction and health standards; to provide for the development of safe, economical housing in the community; and to maintain property values:

(1) Single-family dwellings, including attached additions, and detached accessory structures shall comply with the minimum lot size, floor area, and setback requirements, and height limitations for the district in which the dwelling is proposed;

(2) A single-family dwelling shall be constructed to meet or exceed the requirements of the Township Building Code or the current United States Department of Housing and Urban Development (HUD) Mobile Home Construction and Safety Standards, as may be amended, whichever is applicable. Each modular or mobile home dwelling must bear an approved HUD certification label;

(3) All dwellings shall be firmly anchored to a permanent foundation to restrain potential displacement resulting from wind velocity. The foundation shall be designed to completely enclose the perimeter of the dwelling and all attached additions, and shall be constructed in conformance with the Township Building Code. If the dwelling is a mobile home or modular home, it shall comply with the manufacturer’s pillar placement and load bearing capacity specifications, as may be applicable;

(4) All dwellings shall be connected to either municipal sanitary sewer and water service, to private on-site facilities, or to individual well and septic systems as may be approved by the County Health Department; and

(5) Prior to installation of a modular or mobile home dwelling on a permanent foundation any wheels and towing mechanism, including tongue, hitch assembly, and any other towing apparatus shall be completely removed. Axles may remain, although tires shall be removed.

(E) The following miscellaneous requirements shall apply to all residential dwellings:

(1) The dwellings shall provide a minimum width and depth of at least 24 feet;

(2) The dwellings shall have an overhang or eave as required by the building code for residential dwellings or be similar to the surrounding residential neighborhood;

(3) Any type of roofing materials generally acceptable and applied in a manner resulting in an appearance similar to, traditionally site-built dwellings in the vicinity may be used on the roof of the dwelling, attached additions, and detached accessory structures. However, in no case shall the pitch of the roof be less than 4 on 12;

(4) Dwellings shall have no fewer than 2 exterior doors, 1 of which shall enter upon a main living area in front of the dwelling, with the other located in either the rear or side;

(5) Steps designed to provide safe, convenient access to each exterior door shall be provided to the door area, or to porches accessible to the door area, when required by a difference in elevation between the door sill and the surrounding grade;

(6) Dwellings shall be provided with exterior finished materials similar to that surrounding residential neighborhood;

(7) Dwellings shall have an exterior wall configuration which represents an average width-to-depth or depth-to-width ratio which does not exceed 3-to-1, or is in reasonable conformity with the configuration of dwelling units in the surrounding residential neighborhood;

(8) Additions attached to the dwelling shall be constructed in conformance with the requirements of the Township Zoning Ordinance, Township Building Code, HUD Mobile Home Construction and Safety Standards, and/or other laws and ordinances, as applicable;

(9) Detached accessory buildings shall be located on the lot or parcel in conformance with regulations for the placement of accessory buildings of this chapter; and

(10) The dwelling shall contain a storage area in a basement located underneath the dwelling, in an attic area, or in a separate structure of standard construction similar to, or of better quality than, the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, whichever is less.

(F) (1) The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity.

(2) The compatibility of design and appearance shall be determined in the first instance by the administrative official/building official. A denial of the compatibility and appearance of a structure by the administrative official/building official may be appealed to the Zoning Board of Appeals. In the event that the appeal includes a variance, an approval must also be obtained from the Zoning Board of Appeals as required by §§ 153.400 through 153.404.

(3) Any determination of compatibility shall be based upon the following standards:

(a) Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to its surroundings;

(b) Buildings shall have a good scale and be in harmonious conformance with permanent neighboring development;

1. Have good architectural character and shall be selected for harmony of the building with adjoining buildings;

2. Be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways;

3. Be of durable quality; and

4. In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

(d) Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another;

(e) Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view; and

(f) Compatibility shall be based upon the standards set forth in this section, as compared against the character, design, and appearance of the surrounding residential dwelling. The above standards shall not be construed to prohibit innovative design concepts involving matters such as solar energy, view, unique land contour, or relief from the standard designed home.

(Ord. 99, passed 11-18-1996, § 22.02; Am. Ord. 174, passed 11-10-2008; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021) Penalty, see § 153.999

§ 153.337 LOT SIZE AVERAGING.

Lot size averaging may be permitted if the Planning Commission determines that it will provide a better relationship of lots to the topography, vegetation, or other natural or human-made features when lot size averaging is permitted the following conditions shall apply:

(A) The number of lots shall not exceed the number allowed for the zoning district in which the development is located;

(B) Reduction of lot area or width below the minimum required for the zoning district may be permitted by the Planning Commission for not more than 1/3 of the total number of lots in the development;

(D) All computations showing lot area and the average resulting through this technique shall be provided by the applicant and indicated on the print of the preliminary plat.

(Ord. 99, passed 11-18-1996, § 22.03)

§ 153.338 SINGLE-FAMILY CLUSTER HOUSING OPTION.

The intent of this section is to permit the development of single-family residential patterns which, through design innovation, will introduce flexibility so as to provide for a more appropriate development in situations where the normal subdivision approach would otherwise be restrictive owing to the presence of environmentally sensitive lands on the site or the configuration of the site.

(A) In approving an area for the cluster housing option, the Planning Commission shall find at least 1 of the following to exist:

(1) The parcel to be developed has frontage on a major or secondary street and is generally parallel to the street and is of shallow depth as measured from the street;

(2) The parcel has frontage on a major or secondary street and is of a narrow width as measured along the street which makes platting difficult;

(3) The parcel is shaped in a way so that it contains acute angles which would make a normal subdivision difficult to achieve and has frontage on a major or secondary street;

(4) A substantial part of the parcel’s perimeter is bordered by a major street which would result in a substantial proportion of the lots of the development abutting the major street;

(5) The parcel contains a floodplain or poor soil conditions which result in a substantial portion of the total area of the parcel being unbuildable. Soil test borings, floodplain maps or other documented evidence must be submitted to the Planning Commission in order to substantiate the parcel’s qualification for cluster development; and/or

(6) (a) The parcel contains natural amenities which could be preserved through the use of cluster development.

(b) The assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, unusual topographic features, or other natural assets which, in the opinion of the Planning Commission, should be preserved.

(c) Requests for qualification under these conditions must be supported by documented evidence which indicates that the natural assets would qualify the parcel under this option.

(B) In areas meeting the above criteria, the minimum yard setback, height, density, and minimum lot size per unit as required by § 153.200 may be waived.

(1) The minimum floor area for all dwelling units constructed under this option shall be at least equal to the minimum floor area requirements for the single-family residential district in which the cluster is to be constructed.

(2) The attaching of single-family dwelling units, one to another, may be permitted when the homes are attached by means of 1 or more of the following:

(a) Through a common party wall which does not have over 50% of its area in common with an abutting dwelling wall;

(b) By means of an architectural wall detail which does not form interior room space; and/or

(3) The maximum number of units attached in the above described manner shall not exceed 4.

(4) In a single-family cluster housing development, the dwelling unit density shall be no greater than if the gross land area were to be developed in the minimum square foot lot areas as required for each single-family district under § 153.200.

(5) A cluster subdivision in the agricultural district may receive a density bonus of 200% upon approval of the Planning Commission.

(6) Once a parcel of land is used in a cluster housing option, the remaining land will not be eligible for a density bonus under division (B)(5) above.

(7) Density shall not exceed 1 dwelling unit per 44,000 square feet, excluding road rights-of-way.

(1) Spacing between any grouping of 4 or less 1-family units and another grouping of like structures shall be equal to at least 20 feet, measured between the nearest point of the 2 groupings. A grouping may include a single, freestanding unit;

(2) All the groupings shall be situated as to have 1 side of the building abutting onto a common open space;

(3) Any side of a building adjacent to a private service drive or private lane shall not be nearer to the drive or lane than 20 feet;

(4) Any side of a building adjacent to a public right-of-way shall not be nearer to the public rights-of-way than 30 feet;

(5) This nature of development, when abutting a front yard of an existing recorded subdivision which is not a part of the site plan submitted under this section, shall cause all dwelling units facing the subdivision to relate through its front or entrance facade and shall treat the side of the grouping as a front yard; and

(6) No building shall be located closer than 30 feet to the outer perimeter (property line) of the site.

(D) The maximum height of buildings shall be 35 feet.

(E) Site plans submitted under this option shall be accompanied by information regarding the following:

(1) The proposed manner of holding title to open land;

(2) The proposed method of regulating the use of open land; and

(3) The proposed method of maintenance of property and financing.

(Ord. 99, passed 11-18-1996, § 22.04; Am. Ord. 105, passed 11-10-1997)

§ 153.339 BUILDING GRADES.

(A) All required yards shall be maintained at a slope to cause the flow of surface waters to existing drainage systems, without causing any ponding or flooding upon any adjacent lands resulting from any change in elevation; provided, however, this shall not prevent the grading of a yard into landscaped depressions or terraced areas where adequate and safe means for the disposal of surface waters are constructed and maintained.

(B) When a new building is constructed or located on a vacant lot between 2 existing buildings, the yard around the new building shall be graded to meet the existing grades and permit runoff of surface waters without encroachment onto adjacent properties, except as the runoff follows drainage patterns as they exist.

(Ord. 99, passed 11-18-1996, § 22.05)

§ 153.340 BUILDINGS AND OR STRUCTURES ACCESSORY TO AGRICULTURAL AND SINGLE-FAMILY RESIDENTIAL USES.

Buildings and or structures accessory to agricultural and single-family residential uses shall be subject to the following regulations.

(A) Where the accessory buildings and or structures are structurally attached to a main building, it shall not exceed the ground floor area of the principal structure, and must conform to all regulations of this chapter applicable to main buildings.

(B) Where the accessory buildings and or structures are structurally detached from the main building, it shall comply with the following items:

(1) No detached accessory building and or structure shall be located in any required front yard setback area as required in § 153.200.

(2) All detached accessory buildings and or structures located outside of the required setbacks, as listed in § 153.200, but in a front yard area must comply with the following conditions:

(a) All such detached accessory buildings and or structures shall be located behind the front wall line of the main building on the adjoining properties.

(b) All such detached accessory buildings and or structures shall maintain a roof type and exterior wall covering to match or be compatible to that of the main principal residential dwelling unit located on the property.

(c) All such detached accessory buildings and or structures must maintain a 25-foot side yard setback from side or rear property lines of adjoining properties.

(d) All such detached accessory buildings and or structures shall not be placed directly in front of any living area of the main dwelling unit, unless the accessory building is located over 100 feet from the main dwelling unit.

(3) No detached accessory buildings and or structures may occupy more than 25% of a required rear yard, plus 40% of any non-required rear yard.

(4) (a) Detached accessory buildings and or structures shall not be located closer than 10 feet to any principal building or other accessory buildings and or structures, nor shall it be located closer than 10 feet to any rear or side lot line.

(b) Detached accessory buildings and or structures meeting all of the following requirements shall be permitted to be located within the 10-foot setback area from any principal building or other accessory buildings and/or structures. Such accessory buildings and or structures shall not be located closer than the required front, rear or side yard setback as listed for principal buildings in § 153.200.

1. The detached accessory buildings and or structures shall have a foundation not less than the minimum required by the Michigan Building Code for frost protection.

2. On any section of the detached accessory buildings and or structures located 5 feet or less from any principal building or other accessory building and or structure, a fire partition shall be provided of not less than a 1-hour fire resistance rating on the accessory building and or structure side.

3. The detached accessory buildings and or structures shall not be located closer than 15 feet to any side lot line.

(5) In subdivisions, detached accessory buildings and or structures of less than 150 square feet may be located as close as 5 feet to the side or rear lot line.

(6) Detached accessory buildings shall observe the following size requirements:

Parcel Size	Maximum Building Sizes	Maximum Number of Buildings
Up to 1 acre (43,560 square feet)	Accessory buildings shall be no greater than the foundation size of the main dwelling unit 160 square feet	1 1
Greater than 1 acre and less than 5 acres (217,800 square feet)	The total combined area of 2 accessory buildings shall not exceed 3,000 square feet 160 square feet	2 1
Greater than 5 acres (217,800 square feet)	The total combined area of 2 accessory buildings shall not exceed 4,000 square feet 160 square feet	2 1
Note: The maximum building lot coverage for all structures located on a single lot of record must be in compliance with § 153.200.

(7) Accessory buildings and or structures on corner lots shall comply with the following:

(a) For the purposes of determining setbacks as measured from the right-of-way line, a corner lot shall maintain the minimum required front yard setback on both road and/or street frontages.

(b) The required rear yard setback shall be applied to the yard opposite of the building's street address.

(8) No accessory buildings and or structures in a residential zoning district shall exceed 1 story or 18 feet in height, except for buildings accessory to agricultural uses.

(9) No accessory buildings and or structures shall be constructed prior to the completion of the footings of the principal building on the property.

(10) No accessory buildings and or structures shall involve any business, profession, trade, or occupation in the accessory buildings.

(11) Accessory buildings and or structures used in conjunction with a bona fide agricultural operation are exempt from the height limitation, restrictions on the number of buildings, and the floor area requirements noted above.

(12) When the placement of a detached accessory building and or structure is denied by the Building Official, an appeal before the Zoning Board of Appeals may be taken by the property owner. Notification of surrounding property owners, as required under § 153.427 of the code, must be complied with prior to the appeal being heard.

(C) A private solar energy system that is accessory to a principal use that is designed and built to serve the principal use of the property shall comply with the following requirements.

(1) Freestanding or ground-mounted solar energy systems shall comply with the following:

(a) SES shall not be located in any front yard area, except when said system is located near a rear yard area of an adjoining property and is located a minimum of 100 feet from any adjoining residential dwelling structure.

(b) SES shall not be located closer than 10 feet to any principal building or other accessory buildings and or structures located on the property. SES shall not be located closer than 10 feet to any rear or side lot line and be a distance of at least 100 feet from an adjoining residential dwelling structure.

(d) The total square feet of all solar energy systems shall not exceed the total square footage of the foundation of the principal dwelling unit located on the property.

(2) A roof-mounted solar energy system, including solar shingles, shall be installed in compliance with the Michigan Residential Building Code and shall not project more than 2 feet above the highest point of the roof it is located on.

(3) When the placement of any solar energy system is denied by the Building Official, an appeal before the Zoning Board of Appeals may be requested by the property owner. Notification of surrounding property owners, as required under § 153.427 of the code, must be complied with prior to the review.

(D) Cargo containers.

(1) The placement and use of any cargo container as an accessory building or structure, temporarily or otherwise, is prohibited in all zoning districts.

(2) For the purposes of this division, a CARGO CONTAINER shall be defined as a reusable vessel that was originally designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities, which is capable of being mounted or moved by rail, truck, or ship, including any other portable containers or pods used for storage with similar appearance and characteristics of cargo containers.

(3) This division shall not apply to the temporary use of storage containers for construction activities on properties with a valid, current, and appropriate building or zoning permit.

(4) An administrative permit may be granted by the Zoning Official or his/her designee, not to exceed 14 days, for the use of such a container while in the active process of moving to or from the property on which the container is placed.

(Ord. 99, passed 11-18-1996, § 22.06; Am. Ord. 111, passed 5-18-1998; Am. Ord. 170, passed 9-16-2008; Am. Ord. 12-198, passed 1-15-2013; Am. Ord. 18-231, passed 12-18-2018; Am. Ord. 21-003-153.340, passed 9-21-2021; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)

§ 153.341 ACCESSORY BUILDINGS IN OTHER DISTRICTS.

(A) In multiple-family, commercial or industrial districts, accessory buildings shall only occupy the ground area that the principal building is permitted to cover.

(B) Accessory buildings, such as buildings for parking attendants, guard shelters, gatehouses, and transformer buildings, may be located in the front or side yard in the districts, only upon Planning Commission approval.

(Ord. 99, passed 11-18-1996, § 22.07 ; Am. Ord. 170, passed 9-16-2008)

§ 153.342 HORSES.

The keeping of horses for recreational purposes shall be permitted in all zoning districts upon a land area of not less than 5 acres provided that the use shall be for the private/personal use of the owner or lessee of the land, his or her family, and friends and friends and shall not constitute a commercial occupation nor a public stable.

(A) (1) No barns, pens or corrals shall be located closer than 200 feet from all property lines or less than 150 feet from all street right-of-way lines.

(2) Provided further that the minimum side yard setback shall be reduced 1 foot for each additional foot that the barn, pen or corral is setback form the existing right-of-way over 150 feet.

(3) Provided further that the side yard setback shall not be reduced below a minimum of 50 feet.

(B) At least 2 acre shall be provided for each horse kept, except that the number of horses now existing on each parcel where horses are presently kept for recreational purposes may be continued under the non-conforming use provisions of this chapter, and subject to all conditions therein.

(C) Foals born on parcels where horses are presently kept may be kept on the parcel for 2 years even though the additional horses may increase the number of horses on the parcel beyond the 1 horse per 2 acres limitation, but in no case shall there be more than 1 foal per 2 acres.

(Ord. 99, passed 11-18-1996, § 22.08; Am. Ord. 131, passed 5-15-2001)

§ 153.343 FENCES.

Fences are permitted, or required subject to the following:

(A) (1) Fences on all lots of record in all residential districts which enclose property and/or are within a required side or rear yard shall not exceed 6 feet in height, measured from the surface of the ground, and shall not extend into the front of the lot nearer than the front of the house or the required minimum front yard measured from the road right-of-way, whichever is greater.

(2) In addition, no solid (opaque) fence located within the front yard shall exceed 2 feet in height within a clear vision zone or 4 feet otherwise;

(3) In addition, where a property’s front yard is located adjacent to an adjoining property’s rear yard, a solid (opaque) fence, not greater than 6 feet in height, with the good side of the fence facing outwards may be placed so it does not extend into the front of the lot nearer than the front of the house on the adjoining lot or the required minimum front yard measured from the road right-of-way, whichever is greater;

(B) Recorded lots having excess of 2 acres and having a frontage of at least 200 feet, not included in a recorded plat, and parcels in agricultural zoned districts, are excluded from these regulations;

(C) Fences shall not contain barbed wire, razor wire, electric current or charge of electricity. Agricultural uses may provide barbed wire or fencing containing an electric current or charge of electricity when the fence is utilized to contain livestock;

(D) Barbed wire fences may be permitted for enclosing public utility facilities and industrial uses when installed for public safety. If used, barbed wire shall be no closer than 6 feet to the ground;

(E) Fences which enclose public institutional uses, parks, playgrounds, or public landscaped areas and essential services, situated within an area developed with recorded lots shall not exceed 8 feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than 25% of their total area; and

(F) All fences in any zoning district shall comply with the requirements of the Building Code as it applied to fence installation and materials.

(Ord. 99, passed 11-18-1996, § 22.09 ; Am. Ord. 09-182, passed 11-10-2009; Am. Ord. 10-187, passed 9-21-2010)

§ 153.344 ONE PRINCIPAL BUILDING PER LOT.

In the AG, RF and RS Zoning Districts, only 1 principal single-family residential dwelling unit shall be placed on a lot of record. This section shall not be interpreted to prevent the construction of single-family detached dwelling units on a parcel or zoning lot pursuant to the provisions of § 153.219(V) and (W), and § 153.237.

(Ord. 99, passed 11-18-1996, § 22.10; Am. Ord. 167, passed 5-20-2008)

§ 153.345 LOT, HEIGHT, YARD PROJECTION, AND CORNER LOT REQUIREMENTS.

(A) Lot area. In the determination of a lot area where a structure is to be erected, altered, or used, no road right-of-way shall be included in the computation of the required minimum lot area.

(B) Lot width. Width of a lot shall be as described in the definitions section of this subchapter; provided, however, that the width of lots on cul-de-sacs, eyebrows, and the radius of curves shall not be less than 80% of the minimum required width.

(C) Height limitations. The limitations affecting the height of structures shall not apply to the appurtenant appendages and structures such as parapet walls not exceeding 3 feet in height, farm buildings, chimneys, smokestacks, church spires, flagpoles, communication and water towers, masts and aerials, public monuments, penthouse for mechanical equipment, and water tanks; provided, however, the appendages and structures shall comply with all other provisions of this or any other applicable section; and provided the Planning Commission may specify a height limit for any like structure as a conditional use permitted.

(D) Yard projections. All front, side, and rear yards shall be the minimum distance measured from the principal structure to the respective front, side, or rear lot line. All projections 3 feet or less in depth shall be excluded from the measurement.

(E) Corner lots.

(1) For the purposes of determining setbacks as measured from the right-of-way line, a corner lot shall maintain the minimum required front yard setback on both road or street frontages.

(2) The required rear yard setback shall be applied to the yard opposite of the building’s street address.

(Ord. 99, passed 11-18-1996, § 22.11)

§ 153.346 CLEAR VISION ZONE.

There shall be a clear vision zone at all corners of intersecting roads, or road junctions, consisting of a triangular area defined by the point of intersection of the right-of-way lines and the 2 points extended along the lines a distance of 25 feet from the point of intersection, and within which area no obstruction to vision, excluding existing topography shall be permitted from a height of 2 feet to 8 feet above centerline elevation of abutting streets except that not more than 2 trees with trunks of not more than 30 inches in diameter each, and clear of any branches for the heights may be located within the area; provided, however, that this section shall not prohibit the requirement of a greater clear vision area where it is necessary in view of permitted traffic, anticipated traffic volumes, or geographic conditions, as may be required by the Genesee County Road Commission.

(Ord. 99, passed 11-18-1996, § 22.12)

§ 153.347 LOT GRADES.

(A) All structures shall be constructed or located with a ground elevation so as to provide a sloping grade to cause the surface drainage to flow away from the walls of the structures, while also not negatively affecting abutting properties.

(B) Grades on any lot upon which new construction or earth movement is to be carried out shall be related to existing grades and drainage systems so as to provide adequate drainage and not jeopardize the existing drainage systems, and shall be approved by the administrative official and other authorities having jurisdiction over the system.

(C) No premises shall be filled or graded so as to discharge surface run-off on adjoining premises in such a manner as to cause ponding or surface accumulation of such run-off thereon. In instances where the final grade is above that of any adjacent properties, it is the responsibility of the property owner to construct swale ditches or provide other satisfactory means of preventing surface water from draining onto adjacent properties.

(Ord. 99, passed 11-18-1996, § 22.13; Am. Ord. 13-199, passed 2-19-2013) Penalty, see § 153.999

§ 153.348 CURB CUTS AND DRIVEWAYS.

(A) Curb cuts and driveways may be located only upon approval by the Planning Commission and other county and state authorities as required by law; provided, however, the approval shall not be given where the curb cuts and driveways shall cause an unreasonable increase in traffic hazards.

(B) A clear vision zone shall be provided when driveways intersect with a public right-of-way. The clear vision zone shall be measured in the following manner.

(1) The area formed at the corner intersection of a public right-of-way and a driveway, 2 sides of the triangle area being 10 feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these 2 sides; and

(2) The area formed at a corner intersection of 2 public rights-of-way lines, the 2 sides of the triangular area being 25 feet in length measured along the abutting public rights-of-way lines and the third side being a line connecting these 2 sides.

(Ord. 99, passed 11-18-1996, § 22.14) Penalty, see § 153.999

§ 153.349 RUMMAGE SALES PROHIBITED EXCEPT UNDER CERTAIN CONDITIONS.

It shall be unlawful for any person, firm, corporation, or organization to conduct or operate a rummage sale, garage sale, yard sale, or basement sale in the Charter Township of Montrose, unless all of the following conditions are met:

(A) The sale shall be conducted only by the owners or occupants of the premises on which the sale is located, or by a church, charitable organization or service club with the written consent of the owners or occupants of the premises;

(B) The sale shall be discontinued at the end of the eighth calendar day following the date that the sale was commenced, regardless of whether or not the sale was operated continuously or on consecutive days;

(C) No signs advertising the sale shall be left where posted upon completion of sale, signs must have name and address of owners or occupants of the premise on which sale is located;

(D) Not more than 2 like sales shall be conducted on any particular premises in any calendar year; and

(E) No person, firm, corporation, or organization shall commence the sale until a permit for same has been obtained from the Charter Township of Montrose Clerk on forms provided by the township.

(Ord. 99, passed 11-18-1996, § 22.15) Penalty, see § 153.999

§ 153.350 OUTDOOR MERCHANDISING.

No person or business shall use any area of a road right-of-way for displaying for sale or storing of any goods or any other articles.

(Ord. 99, passed 11-18-1996, § 22.16) Penalty, see § 153.999

§ 153.351 TEMPORARY BUILDINGS AND STRUCTURES.

Temporary buildings and structures, including trailers, incidental to construction work on a lot, may be placed on the lot, subject to the following restrictions:

(A) 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;

(B) The placement of temporary buildings and structures shall be in conformance with the requirements of this chapter. A building permit for the building or structure shall be issued by the administrative official prior to installation; and

(C) 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 the lot, or within 15 days after the expiration of a building permit issued for construction on the lot.

(Ord. 99, passed 11-18-1996, § 22.17) Penalty, see § 153.999

§ 153.352 TEMPORARY LIVING QUARTERS.

(A) Nothing in this chapter shall prohibit the use of a structure which meets all requirements of the Township Building Code and the other sections of this chapter, except for the minimum width and foundation requirements, as temporary living quarters if the structure is only used upon a lot while construction is diligently pursued upon a primary residence on the lot which residence meets all the requirements of the Township Building Code and this chapter.

(B) Use of a structure as described in division (A) as temporary living quarters shall be approved by the Planning Commission as a temporary use permit.

(1) All health requirements affecting the provision of water and sanitary sewer service must be complied with and approved by the administrative official.

(2) A structure approved for use as a temporary living quarters shall be installed or so placed in accordance with the building codes or the manufacturers recommendations, and must be safely anchored to the ground in compliance with the building codes or manufacturers recommendations.

(3) A use shall not continue for more than 1 year, unless an extension of time not to exceed 90 days is granted by the Planning Commission upon a finding of practical difficulty. Nothing in this section or this chapter shall permit the occupation of a cellar without a complete residential structure thereon sufficient to quality for the issuance of an occupancy permit, except as otherwise specifically provided.

(4) Travel trailers, recreational vehicles, and "fifth wheels" may not be used as temporary living quarters.

(C) When temporary living quarters are going to be used primarily for assisted living care and so located on an existing occupied parcel of land, the temporary living quarters shall be reviewed and approved in the same manner as described in item (B) above, and shall comply with all of the requirements of § 153.336, Single-family dwelling requirements.

(Ord. 99, passed 11-18-1996, § 22.18 ; Am. Ord. 174, passed 11-10-2008) Penalty, see § 153.999

§ 153.353 PRIVATE SWIMMING POOLS.

(A) (1) Every person owning land on which there is located a swimming pool (below ground or above ground) which contains 24 inches or more of water in depth at any point, shall erect and maintain a fence or enclosure approved by the administrative official surrounding the pool sufficient to make the pool inaccessible to small children.

(2) The fence or enclosure, including the gates, shall not be less than 4 feet or greater than 6 feet above grade.

(3) All gates shall be self-latching with latches placed on less than 4 feet above grade or otherwise made inaccessible from the outside to small children.

(B) Swimming pools, 2 feet or less above grade at any point shall not be located less than 4 feet from any lot line.

(C) Swimming pools, in excess of 2 feet above grade at any point shall not be located less than 10 feet from any lot line.

(D) Swimming pools shall not be located in any front yard.

(Ord. 99, passed 11-18-1996, § 22.19) Penalty, see § 153.999

§ 153.354 APPROVAL OF TEMPORARY USES.

(A) The Township Planning Commission shall review and approve all temporary use permits provided, however, that the temporary use is first determined by the Planning Commission as meeting the "standards for approval" as provided for in division (B)(2) below.

(B) Temporary uses shall include, but not be limited to the following: off-site tent sales, off-site produce stands, firework display stands, firewood, or Christmas tree sales, pond excavations (for recreational use), carnivals, temporary storage trailers, or storage yards.

(1) Application and submittal requirements. The application for a temporary use permit shall be accompanied by plans and specifications including a plot plan drawn to scale showing the following:

(a) 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;

(b) 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;

(c) Prior to any approval the Planning Commission may request information on 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 to and from the lot; and

(d) Ten copies of the application, plans and specifications shall be submitted along with an application fee, which shall be non-refundable. The application fee shall be established by resolution of the Township Board.

(2) Standards for approval. A temporary use permit shall only be granted if the Planning Commission determines that the proposed use, including the erection of any temporary buildings or structures, will:

(a) Provide adequate light and ventilation between buildings and structures;

(b) Provide adequate automobile and pedestrian traffic flow and provide adequate off-street parking;

(d) Not adversely affect the stability and integrity of the zoning plan prescribed by this chapter or otherwise interfere with the protection of public health, safety, and general welfare;

(e) Not be incompatible with or otherwise adversely affect the physical character of the community and, in particular, the surrounding area within a distance of 500 feet; and

(f) When the proposed temporary use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district in which the temporary special use is to be located, including all requirements pertaining to lot size, height, setback, open space ratio, maximum percentage of covered lot area, signs, and off-street parking. In no instance shall signs, parking, buildings, produce, or other site features occupy a public right-of-way.

(3) Pre-manufactured buildings. The Planning Commission may permit in any residential district the temporary location of a pre-manufactured building for a period that active construction is in progress, provided:

(a) The use shall be only for offices for the specific purpose of selling lots or new homes to be erected in a new subdivision;

(b) The use shall be for temporary residential housing due to a fire or other act of god. Notwithstanding these provisions, the Township Building Official may, for a period not to exceed 30 days permit the establishment of emergency housing facilities upon a finding that the housing shall be provided in a safe and sanitary condition and shall comply with the applicable zoning regulations for the district in which the temporary use is to be located, including all requirements pertaining to setbacks, maximum percentage of lot coverage and off-street parking;

(d) The structure shall be removed from the property upon completion of the first permanently built model home intended for display, or the completion of a renovation project and the issuance of an occupancy permit by the Building Official, but in no case shall the pre-manufactured dwelling remain beyond the time limitation specified above.

(4) Granting of permits. The Planning Commission, in granting permits for temporary uses described in this section, shall do so under the following conditions:

(a) The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district, nor on the property wherein the temporary use is permitted;

(b) 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 the temporary permit;

(c) All setbacks, land coverage, off-street parking, signage, lighting, and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the township shall be made at the discretion of the Planning Commission;

(d) The use shall be in harmony with the general character of the area; and

(e) The Planning Commission may grant as an original condition the authority to renew a temporary permit that might be annual in nature, such as tent sales, sidewalk sales, firewood, or Christmas trees and other similar uses, to the Building Official. The annual renewal must comply with all conditions as first set by the Planning Commission. In the event that any of the conditions as set by the Planning Commission have not been complied with, or that a change has been made to an approved plan or that written complaints of the temporary use have been received, renewal must be obtained through the Planning Commission in the same manner as the original approval.

(5) Exemption. A temporary use that has been approved by the Township Board, on township owned property would be exempt from any approval from the Township Planning Commission.

(6) Notice.

(a) No temporary use permit shall be granted in an Agricultural or Residential District without first giving notice to owners of adjacent properties of the time and place of a public hearing to be held as provided for in § 153.217 above.

(b) A temporary use that is annual in nature where the Planning Commission has granted its renewal through the Building Official and is in compliance with all approved conditions may not be subject to additional public hearings as provided for in § 153.217 above.

(c) A public hearing would be required if written complaints have been received, the site plan has changed, or there are any violations of the conditions established by the Planning Commission.

(7) Review. The Planning Commission may seek the review and recommendations of the Township’s Planning Consultant and/or Township Attorney prior to approving any temporary use.

(8) Cash deposit. The Planning Commission may require a cash deposit from the applicant for a temporary use to reimburse the township for any costs incidental to the policing of the activity.

(9) Appeal. A decision on a temporary use by the Planning Commission may be appealed directly to the township's Zoning Board of Appeals.

(Ord. 99, passed 11-18-1996, § 22.20; Am. Ord. 145, passed 1-17-2006; Am. Ord. 174, passed 11-10-2008; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)

§ 153.355 RECREATIONAL VEHICLE STORAGE.

(A) The open parking or storage of trailers, boats or similar vehicles on lands not specifically designated for the parking and storage shall be permitted for a period of up to 24 hours.

(B) Homeowners or occupants of any residential dwelling unit of the township may store their own trailer, boats, and similar vehicles on their own property for an indefinite period of time under the following conditions:

(1) Vehicles are properly licensed and in operable condition;

(2) Vehicles are not stored in front of any livable space of a dwelling unit, except where there exists an approved driveway and/or a property’s front yard is located adjacent to an adjoining property’s rear yard; and

(3) Vehicles are not stored within any required setback areas.

(C) However, a homeowner may have a travel trailer, boat or similar vehicle parked on a single- family lot for a period of up to 4 weeks provided a permit has first been secured from the administrative official.

(D) A travel trailer parked or stored on a residential lot shall not be connected to sanitary facilities and shall not be occupied on a continuous basis.

(E) A mobile home shall not be considered a travel trailer, motor home, or any other type of recreational vehicle.

(Ord. 99, passed 11-18-1996, § 22.21; Am. Ord. 17-223, passed 2-21-2017)

§ 153.356 SCREENING OF TRASH STORAGE AREAS.

(A) (1) In all Multiple-Family, Commercial and Industrial Districts there shall be provided an outdoor trash storage area.

(2) Any like 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.

(3) The requirement for a like trash storage area may be waived by the Planning Commission upon a finding that it is unnecessary due to the nature of the use, or provisions for indoor trash storage.

(B) (1) A screen wall of 6 feet in height shall enclose 3 sides of the storage area.

(2) 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.

(3) The surface under any like storage area shall be constructed of concrete which complies with local building code requirements.

(D) (1) Any like 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.

(2) The Planning Commission may require an obscuring gate when the visibility of a storage area, from a public street or adjacent use, is deemed to render an adverse influence.

(3) In no instance shall any like area be located in a front yard.

(E) All trash storage areas and/or enclosures shall be located a minimum of 10 feet from any building or structure.

(Ord. 99, passed 11-18-1996, § 22.23)

§ 153.357 ANTENNAS AND TOWERS AND SATELLITE DISH ANTENNAS.

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:

(A) 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;

(B) No portion of antenna, including a satellite dish antenna, shall be located closer than 6 feet, measured on a horizontal plane, from any side or rear lot line, or placed on any easement;

(C) Ground-mounted antenna, including satellite dish antennas, in a yard fronting on a public street shall be screened from the street by landscaping or a wall and the site approved by the Planning Commission, 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;

(D) The height of an antenna, with the exception of a satellite dish antenna, shall not exceed 50 feet above mean grade or 10 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;

(E) 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;

(F) Notwithstanding the above, a satellite dish antenna having a diameter of 24 inches or less may be 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; and

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

(Ord. 99, passed 11-18-1996, § 22.24)

§ 153.358 ON-SITE SEWAGE DISPOSAL SYSTEMS.

Before any building permit shall be issued under the terms of this chapter, the applicant shall obtain the endorsement in writing from the Genesee County Health Department or the administrative official approving his or her plan for any on-site sewage disposal system in accordance with the applicable regulations of the Genesee County Sewage Disposal District No. 2 and 6.

(Ord. 99, passed 11-18-1996, § 22.25)

§ 153.359 WATER SUPPLY.

(A) Every building or structure hereafter erected or moved upon any premises and used in whole, or in part, for dwelling, recreational, business, commercial, or industrial purposes shall be provided with a safe, adequate, and sanitary water supply. All plumbing work relating to the water supply system shall conform to the standards of material and installations set forth by the Michigan State Plumbing Code, a copy of which is on file in the Township Clerk’s Office.

(B) Where a public water system is not available, each fixture from which water for human consumption may be obtained shall be supplied from a system which meets the minimum requirements of the State of Michigan, the Genesee County Health Department and the Michigan State Department of Health.

(Ord. 99, passed 11-18-1996, § 22.26) Penalty, see § 153.999

§ 153.360 LIVESTOCK.

(A) (1) The minimum land area required for the housing and breeding of livestock such as cattle, sheep, swine, goat, poultry, fowl, or rabbit that equal 1 animal unit shall be 4 acres.

(2) No more than 1 animal unit of livestock may be kept on the minimum land area of 4 acres. One additional animal unit of livestock may be kept on each additional 1 acre of land.

(B) Adequate housing, pens and fencing shall be constructed before the placement of livestock, poultry, fowl, or rabbits on a parcel of land.

(C) (1) Parcels of land devoted to the housing or breeding of livestock, poultry, fowl, or rabbits, shall not have: pens; corrals; or barns located closer than 200 feet to any side property line or less than 150 feet to any existing right-of-way.

(2) Further, the minimum side yard setback shall be reduced 1 foot for each additional 2 feet that the pen, corral, or barn is setback from the existing right-of-way over the required 150 feet.

(3) Further, that the side yard setback shall not be reduced below a minimum of 50 feet.

(D) Livestock, poultry, fowl, or rabbits may be kept in any zoning districts.

(Ord. 99, passed 11-18-1996, § 22.27; Am. Ord. 115, passed 1-18-1999; Am. Ord. 132, passed 5-15-2001)

§ 153.361 ADULT ENTERTAINMENT.

This section shall be known and may be sited as the Charter Township of Montrose Adult Entertainment Ordinance.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT BOOKSTORE.

(a) An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any 1 or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, movies, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of specified anatomical areas; and/or

2. Instruments, devices, or paraphernalia designed for the use as part of, or in connection with, specified sexual activities.

(b) A use which has a display containing books, magazines, periodicals, slides, pictures, cassettes, or other printed or recorded material which has a significant portion of its content or exhibit matter or actions depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a (substantial) segment or section devoted to the sale or display of the material.

ADULT CABARET. A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or other similar entertainers, where a significant portion of the performances show, depict or describe "specified sexual activities" or "specified anatomical areas."

ADULT ENTERTAINMENT USES.

(a) Any use of land, whether vacant or combined with structures, vehicles or activities by which the property is devoted to the sale, display, exhibition, or viewing of books, magazines, films, photographs or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex act, or by an emphasis on male or female genitals, buttocks, or female breasts.

(b) This shall include massage parlors, model studios and all forms of video or aural display.

ADULT MASSAGE PARLOR. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing the treatment, manipulation or service related thereto exposes "specified anatomical areas."

ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material which has a significant portion of any motion picture or other display depicting, describing or presenting "specified sexual activities" or "specified anatomical areas."

ADULT MODEL STUDIO. Any place where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, paying the considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar education institution.

ADULT MOTEL. A motel wherein matter, actions or other displays are presented which contain a significant portion depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to 5 or fewer persons per machine at any 1 time, and where a significant portion of images so displayed depict, describe or relate to "specified sexual activities" or “specified anatomical areas.”

ADULT MOTION PICTURE THEATER. An enclosed budding with a capacity of 50 or more persons used for presenting material which has a significant portion of any motion picture or other display depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

ADULT SEXUAL ENCOUNTER CENTER. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where 3 or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

SPECIFIED ANATOMICAL AREAS. Specified anatomical areas means and included any 1 or more of the following:

(a) Less than completely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; and/or

(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. Includes any 1 or more of the following:

(a) The fondling or erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b) Human sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation and sodomy;

(d) Human excretory functions as part of, or as related to, any of the activities described above; and/or

(e) Physical violence, bondage, mutilation, or rape, actual or simulated, as part or as related to, any of the activities described above.

SUBSTANTIAL PORTION. A use or activity accounting for more than 20% of any 1 or more of the following: stock-in-trade, display space, floor space, or viewing time, movie display time, or entertainment time measured per month.

(B) License.

(1) From and after the effective date of this chapter, no adult bookstore, adult motion picture theater, or massage parlor, hereinafter referred to as ADULT ENTERTAINMENT ESTABLISHMENTS, shall be operated or maintained in the Township of Montrose without first obtaining a license to operate issued by the Township of Montrose.

(2) A license may be issued only for 1 adult entertainment establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than 1 adult entertainment establishment must have a license for each.

(3) No license or interest in a license may be transferred to any person, partnership, or corporation.

(4) All private schools and public schools located within the Township of Montrose are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.

(1) Any person, partnership or corporation desiring to secure a license shall make application to the Township Clerk.

(2) The application shall be dated by the Township Clerk.

(3) A copy of the application shall be distributed promptly by the Township Clerk to the Township of Montrose Police Department and to the applicant.

(4) The application for a license shall be upon a form provided by the Township Clerk.

(5) An applicant for a license, which shall include all partners or limited partners of a partnership applicant, and all officers and directors of a corporate applicant and all stockholders including more than 5% of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:

(a) Name and address, including all aliases;

(b) Date of birth;

(d) Michigan vehicle operator’s license number;

(e) Written proof that the individual is at least 18 years of age;

(f) All residential addresses of the applicant for the past 3 years;

(g) The applicant’s height, weight, color of eyes and hair;

(h) The business, occupation or employment of the applicant for 5 years immediately preceding the date of application;

(i) Whether the applicant previously operated in this or any other county, township, or state under an adult entertainment establishment license or similar business license; whether the applicant has ever had a like license revoked or suspended, the reason therefore, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;

(j) All criminal statute, whether federal or state, or township ordinance violation convictions, forfeiture of bond or pleadings of nolo contendere on all criminal charges, except minor traffic violations;

(k) Fingerprints and 2 portrait photographs at least 2 inches by 2 inches of the applicant;

(l) The address of the adult entertainment establishment to be operated by the applicant; and

(m) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than 5% of the stock in the corporation and all officers and directors of the corporation.

(6) Within 21 days of receiving an application for a license, the Township Clerk shall notify the applicant whether application is granted or denied.

(7) Whenever an application is denied, the Township Clerk shall advise the applicant in writing of the reasons for the action.

(8) If the applicant requests a hearing within 10 days of receipt of notification of denial a public hearing shall be held within 30 days thereafter before the Township Board, as hereinafter provided.

(9) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his or her refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for the license and shall be grounds for denial thereof by the Township Clerk.

(D) Standards for issuance of license.

(1) To receive a license to operate an adult entertainment establishment, an applicant must meet the following standards:

(a) If the applicant is an individual:

1. The applicant shall be at least 18 years of age;

2. The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within 5 years immediately preceding the date of the application; and

3. The applicant shall not have been found to have previously violated this chapter or a substantially similar ordinance within 5 years immediately preceding the date of the application.

(b) If the applicant is a corporation:

1. All officers, directors and stockholders required to be named under division (C)(5) shall be at least 18 years of age;

2. No officer, director or stockholder required to be named under division (C)(5) shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within 5 years immediately preceding the date of the application; and

3. No officer, director, or stockholder required to be named under division (C)(5) shall have been found to have previously violated this chapter or a substantially similar ordinance within 5 years immediately preceding the date of the application.

(c) If the applicant is a partnership, joint venture, or any other type of organization where 2 or more persons have a financial interest:

1. All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age; and

2. No person having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within 5 years immediately preceding the date of the application.

(2) No license shall be issued unless the Township of Montrose Police Department has investigated the applicant’s qualifications to be licensed. The results of that investigation shall be filed in writing with the Township Clerk no later than 14 days after the date of the application.

(E) Fees. Fees are to be determined by the Charter Township of Montrose Board.

(F) Display of license or permit. The license shall be displayed in a conspicuous public place in the adult entertainment establishment.

(G) Renewal of license or permit.

(1) Every license issued pursuant to this chapter will terminate at the expiration of 1 year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year.

(2) Any operator desiring to renew a license shall make application to the Township Clerk.

(3) The application for renewal must be filed not later than 60 days before the license expires.

(4) The application for renewal shall be filed in triplicate with and dated by the Township Clerk.

(5) A copy of the application for renewal shall be distributed promptly by the Township Clerk to the Township of Montrose Police Department and to the business operator.

(6) The application for renewal shall be upon a form provided by the Township Clerk and shall contain the information and data, given under oath or affirmation, as is required for an application for a new license.

(7) A license renewal fee will be determined by the Charter Township of Montrose Board.

(8) If the Township of Montrose Police Department is aware of any information bearing on the operator’s qualifications, that information shall be filed in writing with the Township Clerk.

(H) Revocation or suspension of license.

(1) The Township Board can revoke or suspend a license or permit for any of the following reasons:

(a) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application;

(b) The operator or any employee of the operator has violated any provision of this chapter of any rule or regulation adopted by the Township Board pursuant to this chapter; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Board shall find that the operator had no actual or constructive knowledge of the violation and could not by the exercise of due diligence have actual or constructive knowledge;

(c) The operator becomes ineligible to obtain a license or permit or the operator is convicted of, or pleads nolo contendere to, any felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature;

(d) Any cost or fee required to be paid by this chapter is not paid;

(e) Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult entertainment establishment; or

(f) The operator fails to maintain a special use permit for the site as required by this chapter, or fails to comply with conditions of the special use permit.

(2) The Board, before revoking or suspending any license or permit, shall give the operator at least 10 day’s written notice of the charges against him or her, and the opportunity for a public hearing before the Township Board, as hereinafter provided.

(a) Before the Township Board revokes or suspends a license issued herein the Township Board shall cause written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application informing the person of the right to a hearing upon request.

(b) If the licensee does not request a hearing within 14 days of the date the notice was sent, the license may be forthwith revoked or suspended.

(c) If the licensee requests a hearing before the Township Board regarding the proposed revocation or suspension, the hearing shall be held with 21 days after the date of the written request.

(d) Any license issued by the township may be immediately suspended by the Township Supervisor or duly appointed township official if it is determined that the licensee has violated or someone at or upon the licensed location has violated the township ordinance or state law and that continued operation under the license is contrary to the public health, safety, and welfare.

(e) A licensee shall have the right to a hearing before the Township Board on any license suspension by the Township Supervisor and notice thereof shall be given in accordance with divisions (H)(2)(a) through (c).

(f) Both the township and the licensee shall be afforded a reasonable opportunity to present evidence on the issue at the hearing.

(g) Action taken by the Township Board shall be final and any fees hereunder shall not be refunded to the applicant or licensee.

(3) The transfer of a license or any interest in a license shall automatically and immediately revoke the license.

(4) Any operator whose license is revoked shall not be eligible to receive a license for 1 year from the date of revocation.

(5) No location or premises for which a license has been issued shall be used as an adult entertainment establishment for 6 months from the date of revocation of the license.

(I) Physical layout of adult entertainment establishment. Any adult entertainment establishment having available for customers, patrons or members, any booth, room, or cubicle for the private viewing of any adult entertainment must comply with the following requirements.

(1) Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult entertainment establishment, and shall be unobstructed by any door, lock, or other control-type devices.

(2) Construction. Every booth, room or cubicle shall meet with the following construction requirements:

(a) Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a wall;

(b) Have at least 1 side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same;

(c) All walls shall be solid and without any openings, extended from the floor to a height of not less than 6 feet and be fight colored, non-absorbent, smooth textured, and easily cleanable;

(d) The floor must be light colored, non-absorbent, smooth textured and easily cleanable; and

(e) The lighting level of each booth, room or cubicle, when not in use shall be a minimum of 10 foot candles at all times, as measured from the floor.

(3) Occupants.

(a) Only 1 individual shall occupy a booth, room, or cubicle at any time.

(b) No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or fitter while in the booth.

(J) Responsibilities of the operator.

(1) The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, age, date of birth, sex, height, weight, color of hair and eyes, phone numbers, social security numbers, date of employment and termination, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of 3 years following termination.

(2) Daily hours of operation of any adult entertainment establishment shall be limited to the period of time from 8:00 a.m. to 2:00 a.m.

(3) The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the Township of Montrose Police Department at all reasonable times.

(4) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any areas where they can be viewed from a public sidewalk adjacent to the establishment.

(5) Any individual viewing booths, entertainment rooms, or similar cubicles designed or used for individuals to view specified anatomical areas or to view specified sexual activities shall not be completely enclosed from the common areas, hallways, or other areas of the adult entertainment business.

(6) No employee or patron under 18 years of age shall be allowed on the premises of an adult entertainment establishment.

(7) No intoxicating liquor or cereal malt beverage shall be served or consumed on the premises of an adult entertainment establishment.

(8) The operator shall maintain the premises in a clean and sanitary manner at all times.

(9) Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge, or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.

(10) Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended or renewed.

(11) No employee of an adult entertainment establishment shall allow any minor to loiter around or to frequent an adult entertainment establishment or to allow any minor to view adult entertainment as defined herein.

(12) (a) The operator shall maintain at least 10 foot candles of light in the public portions of the establishment, including aisles, at all times measured from the floor.

(b) However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in the aisles, provided, however, at no time shall there be less than 1 foot candle of illumination in the aisles, as measured from the floor.

(13) The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.

(Ord. 99, passed 11-18-1996, § 22.28; Am. Ord. 116, passed 1-18-1999) Penalty, see § 153.999

§ 153.362 PUBLIC NUDITY.

This section shall be known and may be cited as the Charter Township of Montrose Public Nudity Ordinance.

(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC NUDITY.

(a) Knowingly or intentionally displaying in a public place, or for payment or promise of payment by a person including, but not limited to, payment or promise of payment of an admission fee, any individual’s genitals or anus with less than a fully opaque covering, or a female individual’s breasts with less than a fully opaque covering of the nipple and areola.

(b) PUBLIC NUDITY does not include a woman’s breast-feeding of a baby, whether or not the nipple or areola is exposed during or incidental to feeding, material as defined in Public Act 343 of 1984 § 2, being M.C.L.A. § 752.362, or sexually explicit visual material as defined in Public Act 33 of 1978, § 3, being M.C.L.A. § 722.673.

(B) Certain conduct prohibited.

(1) No person shall engage in public nudity.

(2) No business establishment, including, but not limited to owners, officers, persons in charge of or control of the premises shall permit persons to engage in public nudity.

(C) Aiding and abetting prohibited. It is unlawful for any person to assist, aid, abet or encourage any other person to appear nude in public.

(Ord. 99, passed 11-18-1996, § 22.29; Am. Ord. 117, passed 1-18-1999) Penalty, see § 153.999

§ 153.363 OBSCENITY.

This section shall be known and may be cited as the Charter Township of Montrose Obscenity Ordinance.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTEMPORARY COMMUNITY STANDARDS. The customary limits of candor and decency in the Charter Township of Montrose at or near the time of the alleged violation of this act.

DISSEMINATE. To manufacture, sell, lend, rent, publish, exhibit, or lease to the public for commercial gain or to offer or agree to manufacture, sell, lend, rent, publish, exhibit, or lease to the public for commercial gain.

KNOWLEDGE OF CONTENT AND CHARACTER.

(a) Having general knowledge of the nature and character of the material involved.

(b) KNOWLEDGE OF CONTENT AND CHARACTER may be proven by direct evidence or by circumstantial evidence, or both.

MATERIAL.

(a) Anything tangible that is capable of being used or adapted to arouse prurient interest, whether through the medium of reading, observation, sound, or in any other manner, including but not limited to, anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, video tape, video disk, film, transparency, slide, audiotape, audio disk, computer tape, or any other medium used to electronically produce or reproduce images on a screen, or any mechanical, chemical, or electronic reproduction.

(b) MATERIAL includes undeveloped photographs, molds, printing plates, and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent.

OBSCENE. Any material that meets all of the following criteria:

(a) The average individual, applying contemporary community standards, would find the material, taken as a whole, appeals to the prurient interest;

(b) The reasonable person would find the material, taken as a whole, lacks serious literary, artistic, political, or scientific value; and

(B) Violations. A person is guilty of obscenity when, knowing the content and character of the material, the person disseminates, or possess with intent to disseminate, any obscene material.

(Ord. 99, passed 11-18-1996, § 22.30; Am. Ord. 118, passed 3-15-1999) Penalty, see § 153.999

§ 153.364 WIND ENERGY CONVERSION SYSTEMS.

(A) Purpose. The purpose of this section is to promote the safe use of wind energy conversion systems that are designed to reduce the on-site consumption of utility-supplied electricity by establishing regulations on the sitting, design, and installation of energy conversion systems so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized. This section applies to all wind energy conversion systems constructed and operated in the township whether or not the system is capable of feeding produced energy into the local utility grid. In no case shall the provisions of this section guarantee the wind rights or establish access to the wind.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SHADOW FLICKER. The phenomenon created by light casting a shadow on moving turbine blades; where this shadow is cast creates a potential annoyance to adjoining property owners.

TOWER. The vertical component of a wind energy system, whether guyed or freestanding, for the exclusive purpose of elevating the wind turbine/generator and attached blades or rotors above the ground. The term TOWER may also refer to the structure that elevates a wind anemometer for the purpose of feasibility studies preliminary to the placement of a wind energy conversion system (WECS).

TOWER HEIGHT. The height above grade to a blade tip at its highest point of travel.

WIND ENERGY CONVERSION SYSTEMS (WECS). Any device which converts wind energy into electricity through the use of a wind turbine generator and includes a rotor, a generator or alternator mounted on a frame, a tail, a tower, wiring, and the “balance of system” components such as controllers, inverters, and/or batteries.

(1) PRIVATE WECS. Any WECS that is accessory to a principal use located on the same lot and is designed and built to serve the needs of the principal use.

(2) COMMERCIAL WECS. Any WECS that is designed and built to provide electricity to the electric utility's power grid.

(1) Wind energy conversion systems may be permitted as a special land use in all zoning districts and shall be reviewed and approved in compliance with §§ 153.215 through 153.218 in all zoning districts as listed in the Code of Ordinances, provided that they conform to the requirements of this section.

(2) Exceptions: a special land use permit is not necessary for a proposed private WECS when the WECS is designed and built to serve the needs of the principal use and when the height does not exceed the maximum building height as listed in the schedule of regulations by zoning districts.

(a) A review by the Building Official for compliance with all other regulations listed below shall be required. Prior to the issuance of a construction permit for a private WECS by the Building Official a notice shall be mailed to all adjoining property owners to receive public comments.

(b) In the event that a WECS review is denied by the Building Official, an appeal may be made to the Zoning Board of Appeals. If the official's decision is upheld, appeal may be taken to the Circuit Court for the County of Genesee.

(3) All applications for a WECS special land use approvals shall be submitted to the Building Official with an application as provided for by the township, accompanied with the required application fees, a detail site plan drawn to scale and dimensioned, and displaying all of the following information.

(a) All lot lines dimensions, including a legal description.

(b) Distances between existing and proposed setbacks for the WECS from all property lines and from all structures located on the property where the WECS will be located and for all structures located off-site within 300 feet of the exterior property lines where the WECS will be located.

(c) The location and height of all existing and proposed buildings, structures, electrical lines, towers, guy wires and guy wire anchors, and security fencing.

(d) Location and height of all adjacent buildings, structures, and above ground utilities located within 300 feet of the exterior property lines of the lot or parcel where a proposed WECS will be located.

(e) An elevation drawing of the proposed WECS.

(f) Planned security measures to prevent unauthorized access to the proposed WECS.

(g) Show any access driveway or road to the proposed WECS.

(h) Any additional details and or information as required by the special use requirements of this section, or as requested by the Planning Commission and or Building Official.

(4) The safety of the design of all WECS towers shall be certified by a professional engineer registered in the state. A copy of the manufacturer’s installation instructions, standard for certification, and blueprints shall be provided to the Building Official prior to the issuance of a building permit. Included as part of or as an attachment to the installation instructions shall be standard drawings, including base and footing details, along with engineering data and calculations to demonstrate compliance with the structural design provisions of the Building Code.

(5) All electrical compartments, storage facilities, wire conduit, and interconnections with utility companies shall conform to state and local electrical codes. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(6) Only 1 WECS shall be located on each parcel of record within the township. The Planning Commission may wave this provision for clusters of 2 or more WECS, commonly known as wind farms, when used for commercial purposes. Said WECS may or may not be owned by the owner of the property upon which the WECS is located or placed.

(7) The maximum height of a private WECS shall be 35 feet to the top of the blade at the maximum vertical position. The maximum height of a commercial WECS shall be 50 feet to the top of the blade at the maximum vertical position. The Planning Commission may wave the height requirement where it can be shown that there is a need to exceed the height limits to obtain necessary wind speed required for a WECS.

(8) Setbacks to the base of the tower shall be no less than 1-1/2 times the total height of the proposed WECS. Guy wire anchors if used may be no closer than 10 feet from any property boundary.

(9) Guy wires associated with the installation of any WECS shall be marked and clearly visible to a height of 8 feet above the ground or completed enclosed by a fence with a minimum height of 4 feet.

(10) The minimum blade or rotor clearance above the ground shall be 20 feet, with a minimum of 75 feet of clearance over and from any structure, adjoining property, or tree.

(11) The WECS tower shall not be lighted, except due to any applicable FAA regulations, and shall not be used for the placement of any antennas or other purpose not related directly to the support of a wind turbine.

(12) The WECS tower shall be designed and installed so as not to provide a ladder or other publicly accessible means of climbing the tower, for a minimum height of 12 feet above the ground, or enclosed by a locked, protective fence at least 10 feet high with barbed wire placed along the top of the fence.

(13) All WECS must be equipped with manual and automatic over speed controls to limit the blade speed to the engineered design limits of the installation.

(14) Noise level associated with a wind energy installation shall be limited to a maximum of 55 decibels as measured at the property line nearest the tower.

(15) The WECS tower and turbine placement shall be such that the shadow flicker does not interfere with adjoining property owners.

(16) A WECS shall not contain advertising, except manufacturing labels pre-attached and less than 1 square foot in size, and the tower shall be painted a neutral color rendering the WECS visually inconspicuous.

(17) A WECS that is not functional for a period of 12 consecutive months shall be promptly removed by the owner.

(D) Repeal. If any section, subsection, sentence, clause, or phrase of this section is, for any reason, held to be unconstitutional, any such decision shall not affect the validity of the remaining portions of this section. The township hereby declares that it would have passed this section and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

(E) Saving clause. Nothing in this section or in the code hereby adopted shall be construed to affect any suit or proceeding pending in any court or administrative body, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed by this section; nor any just or legal right or remedy of any character be lost, impaired, or affected by this section.

(F) Severability. If any section, subsection, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion of this section, and such holding shall not affect the validity of the remaining portions of this section.

(Ord. 10-188, passed 10-19-2010; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)

§ 153.365 COMMUNICATION TOWERS.

(A) Authorization.

(1) Changing technology in the field of communications has resulted in reliance upon more versatile convenient forms of communication.

(2) Businesses, individuals and government have all developed a strong dependence upon the ability to quickly contact others.

(3) The uses of radios and cellular phones have proven themselves over and over again in emergency situations.

(B) Qualifying conditions. The following site and developmental requirements shall apply:

(1) A minimum site of 1 acre;

(2) A special land use permit issued by the Planning Commission is required;

(3) The applicant will be required to provide an existing cell coverage map, a proposed cell coverage map, and map of existing towers within at least a mile of the proposed site. The maps will assist in identification of "holes" in their coverage and therefore allow the township and the applicant to locate the tower on or near the most appropriate site in order to minimize their gap in coverage;

(4) Communication towers are allowed under prioritized locations:

(a) First:

1. Co-location; and

2. Township property.

(b) Second:

1. Industrial; and

2. Commercial.

1. Agriculture;

2. Residential farm; and

3. Residential suburban.

(5) The base of the tower and wire cable supports shall be fenced with a minimum 6-foot high fence.

(1) The tower must be setback from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the township engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall incur all cost associated with township engineering review.

(2) Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to front or side property lines than 30 feet.

(3) All towers shall be equipped with an anti-climbing device to prevent unauthorized access.

(4) The plans of the tower construction shall be certified by a registered structural engineer.

(5) The applicant shall provide verification that the antennas mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.

(6) All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.

(7) Communication towers in excess of 100 feet in height above grade level shall be prohibited within a 2-mile radius of a public airport or a one-half-mile radius of a helipad.

(8) No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located. In no case shall a tower or antenna be located within 30 feet of a front or side property line.

(9) Metal towers shall be constructed of, or treated with, corrosive-resistant material.

(10) Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections will all applicable local statutes, regulations and standards.

(11) Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the building code.

(12) All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least 8 feet above the ground at all points, unless buried underground.

(13) Towers shall be located so that they do not interfere with television or radio reception in nearby residential areas.

(14) Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and or leased by the applicant.

(15) Towers shall not be artificially lighted unless required by the Federal Aviation Administration.

(16) Existing on-site vegetation shall be preserved to the maximum extent practicable.

(17) There shall not be displayed advertising or identification of any kind intended to be visible form the ground or other structures, except as required for emergency purposes.

(18) Structures shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by the standard of the special use; approval will be subject to revocation by the Planning Commission. Cost for testing and verification of compliance shall be borne by the operator of the antenna.

(19) There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.

(20) The tower shall be removed by the property owner or lessee within 6 months of being abandoned.

(21) Co-location required:

(a) Newly constructed towers shall have 3 times the capacity of intended use in order that secondary users could leave the balance of the tower capacity at a reasonable rate;

(b) The applicant must include a statement in the application and an affidavit stating space on a proposed tower will be made available to future users when technically possible; and

(c) The applicant shall send a written notice via certified mail to all potential users of the new communication tower offering an opportunity for co-location.

1. The list of potential users shall be provided by the township based on those entities who have requested approval of communication towers in the past, current FCC license holders, and any other entities requesting to be included on the list.

2. Copies of the notice letters are sent to potential users, a user or user’s request, in writing, to co-locate on the new communication tower, the applicant shall accommodate the request(s), unless co-location is not reasonable possible based on the criteria of this division.

(Ord. 99, passed 11-18-1996, § 22.32; Am. Ord. 129, passed 5-15-2001 ; Am. Ord. 174, passed 11-10-2008) Penalty, see § 153.999

§ 153.366 HOME OCCUPATIONS.

While the township recognizes that many residents feel the necessity to work out of their home, the township also recognizes the rights of all residents to be free from actual or potential nuisance which may be caused by non-residential activities conducted in a residential zoning district. The intent of this section and requirements are to ensure that any home occupation is compatible with other permitted uses in residential districts and to maintain and preserve the residential character of the surrounding neighborhood.

(A) A home occupation permit may be granted by the Planning Commission within a single-family residential dwelling unit as a special land use when a home occupations application, provided on forms by the township, has been submitted and all of the conditions of this ordinance are agreed to. The Planning Commission shall conduct a public hearing in compliance with the township’s public hearing notification requirements of § 153.427, prior to approving a home occupation permit.

(B) The following are permitted home occupations provided they meet all of the standards listed in division (C) of this section:

(1) Dressmaking, sewing and tailoring.

(2) Painting, sculpturing or writing.

(3) Telephone answering or telemarketing.

(4) Barber/hairdresser (one per household)

(5) Crafts and fine arts.

(6) Tutoring, limited to not more than 2 students at a time.

(7) Computer programing.

(8) Home office of a professional person that meets all the standards listed in division (C) of this section.

(9) Repairing of clocks, instruments or other small appliances.

(10) Other similar home occupations as determined by the Planning Commission.

(11) Home Care Centers subject to the regulations set forth in §§ 153.367 et seq.

(C) A home occupation may be permitted following a determination by the Planning Commission that the proposed occupation complies with all of the following standards.

(1) Home occupations shall be limited to the applicant and other family members who legally reside in the residence.

(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% or 400 square feet, whichever is greater of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purposes of the home occupation and the home occupation shall be carried out completely within such dwelling. No accessory building (attached or detached) shall be used in the home occupation, except for the parking or storage of equipment that might be used in the home occupation.

(3) There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than 1 sign not exceeding 2 square feet in area, non-illuminated and mounted flat against the wall of the dwelling.

(4) The outdoor storage of goods, equipment, and materials shall be prohibited.

(5) No equipment or process shall be used in said home occupation which would constitute a nuisance or annoyance to adjoining residents by reason of noise, dust, glare, heat, smoke, fumes, odor, vibrations or electrical disturbances. There shall be no discharge of polluting materials, fluids, or gases into the ground or surface water, soil or atmosphere.

(6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be provided by an off-street parking area, located in other than in a required front or side yard setback area.

(7) The home occupation shall not entail deliveries to or transmitted from the home or property in connection with the home occupation other than those items which are routinely handled by the U.S. Postal Service, United Parcel Service (UPS), Federal Express or similar service.

(8) There shall be no sale of any goods manufactured elsewhere in connection with such home occupation. No interior displays shall be visible from the exterior of a dwelling unit used for the purposes of a home occupation.

(9) The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 8:00 p.m.

(10) No more than 1 home occupation per dwelling unit shall be permitted.

(D) The following uses shall not be permitted as part of a home occupation:

(1) Repair, maintenance, painting, selling and storage of automobiles, machinery, trucks, boats, recreational vehicles and other similar items.

(2) Antique shops.

(3) Any business with employees or volunteers.

(4) Rooming houses.

(5) Private clubs.

(6) Commercial kennels.

(7) Eating or drinking establishments

(E) No home occupation may be carried out without a valid permit issued by the Building Official. Home occupations approved by the Planning Commission shall be renewed annually through the Building Department after review of same. In the event that the township receives a written and signed complaint regarding a specific home occupation, a public hearing and approval by the Planning Commission shall be required prior to any renewal being issued.

(F) Any property owner or occupant who has previously been granted a home occupation permit by the township, and has in fact conducted the approved home occupation in the twelve month period preceding adoption of this section, may continue to conduct the home occupation as previously approved. The home occupation shall be reviewed for renewal in accordance with the provisions of division (E) of this section.

(G) A home occupation permit shall not be transferable or assignable upon sale or other change in ownership of the land upon which the home occupation is conducted. The home occupation permit shall terminate when the person conducting the home occupation for which the permit was issued ceases to occupy the premises.

(H) The use of a home address as a business address or the use of a home phone as a business phone for the sole purpose of meeting state or federal licensing requirements, with no business activity conducted at the home or on the property, is not considered to be a home occupation and is exempt from the provisions of this section.

(I) Renewal; fees; revocation.

(1) There shall be an annual renewal fee for all home occupations.

(2) This fee shall be due each year on January 1 and shall be received by the township through January 31 of the same year without penalty.

(3) The fee for renewal shall initially be set at $25 when paid prior to January 31. If the renewal fee is received by the township February 1 through the last day of February of the year due, the fee shall be increased to $50.

(4) If the home occupation permit is granted on or after July 1, the permit shall be good for the remainder of that year plus one year and no renewal shall be necessary that first January 1 date.

(5) If the renewal fee is not paid prior to March 1 of each year, the home occupation permit shall be revoked without further notice.

(6) When a public hearing is required before the Planning Commission, there is a $200 fee in addition to the annual renewal fee.

(7) These fees may be amended from time to time by resolution of the Township Board.

(Ord. 158, passed 7-17-2007, § 22.33; Am. Ord. 13-207, passed 1-21-2014; Am. Ord. 21-001-153.366, passed 6-15-2021) Penalty, see § 153.999

§ 153.367 PRIMARY CAREGIVER HOME OCCUPATIONS (PCHO).

The regulations set forth in this section are designed to regulate and control, but not to exclude, the growing, consumption, distribution, and delivery of medical marihuana in a manner that protects the rights of those authorized to do so under the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq., as amended, by providing qualifying patients safe access to medicine, and to protect the health, safety and welfare of all resident of the township.

(A) PRIMARY CAREGIVER means an individual or enterprise registered with the Michigan Department of Health and Human Services under the Michigan Medical Marihuana Act, initiated Law 1 of 2008, M.C.L.A. §§ 333.26421 et seq., to assist with a qualifying patient's use of medical marihuana through growing and provisioning. Except for a primary caregiver who produces and provides medicinal marihuana only for the primary caregiver and qualifying patients lawfully residing with the primary caregiver at the residence where the medicinal marihuana is produced, the production and providing of medicinal marihuana shall be considered a home occupation.

(B) The operation of a PCHO in the Charter Township of Montrose is permitted in all zoning districts where there exists a primary resident. The principal use of the dwelling unit where a home care center may be located must be residential and must be in actual use as such.

(D) PCHO are prohibited in both the MHP - Mobile Home/Manufacturer Home Park and RC - Recreation/Conservation zoning districts. PCHO are also prohibited on property described in a condominium master deed or planned unit development.

(E) Prior to the issuance of a permit for a PCHO, the Township Building Official and/or Michigan State Electrical, Mechanical and or Plumbing Official, whichever is deemed necessary by the Township Building Official, must conduct an inspection confirming that the primary residence, the electrical system, and the plumbing system used to facilitate the growth or cultivation of medical marihuana plants complies with all applicable construction codes adopted by the township.

(F) PCHOs must be operated in accordance with the following requirements:

(1) All primary caregivers shall comply with the MMMA (Michigan Medical Marihuana Act, P.A. 2008, Initiated Law 1, M.C.L.A. §§ 333.26421 et seq., including, M.C.L.A. § 333.26423(d) and meet the rules established by the Marihuana Regulatory Agency. Activity authorized under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., shall not be subject to the requirements of this section.

(2) A PCHO is not permitted to install any exterior or interior window signs, billboard or other advertisement for any purpose.

(3) The use of the dwelling unit for the operation of a home care center for the growing, cultivation and storage of medical marihuana shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% or 400 square feet, whichever is greater of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purpose of the home care center.

(4) Primary caregiver home occupation activities conducted in an accessory structure shall not be included in the floor area limitation stated in the division (3) above, but shall be subject to a separate limitation of the lesser of 750 square feet or 50% of the floor area of the accessory structure in which the activity is conducted. The accessory structure shall have a roof system and be built with construction material approved by the Building Official. No fencing or fence screening materials are permitted.

(5) There shall be no on-site person-to-person transfers of medical marihuana on the premises of a PCHO by a primary caregiver where the PCHO is located in a residential zone; however, a primary caregiver may deliver medical marihuana to the primary residence of his or her registered qualifying patients.

(6) No offensive noise, vibration, smoke, dust, odor, heat, artificial light noticeable at or beyond the property lines are permitted.

(7) All medical marihuana plants must be contained in an enclosed, locked facility.

(8) No medical marihuana plants contained in an accessory structure that is located outside of a primary residence shall be located within 1,000 feet from any school, library, church, or playground area.

(9) When a PCHO is located within 1,000 feet from the property of any school, library, church, or playground area, there shall be no outside usage of any kind of medical marihuana within the sight of children under the age of 18 years old.

(10) The holder of the primary caregiver license shall renew their permit on an annual basis in compliance with the home occupation guidelines. This will ensure all information is accurate and up to date for each PCHO.

(11) The location of primary caregiver home occupations shall be kept on private record with the township and shall not be accessible through requests that cite the Freedom of Information Act, pursuant to M.C.L.A. §§ 15.261 et seq.

(12) When deemed reasonably necessary to effective enforcement of this section, the building inspector, code enforcement officer, and police personnel may conduct inspections of the property where a primary caregiver home occupation is conducted to ensure all operations are compliant with this chapter and applicable local and state laws. Inspection shall be at the time the home occupation is first established, as part of the annual renewal, and if there is reasonable cause to believe the home occupation is not in compliance with this section or other applicable laws.

(G) If an application for a primary caregiver home occupation permit is denied, the applicant may appeal to the Zoning Board of Appeals.

(Ord. 13-206, passed 1-21-2014; Am. Ord. 2021-007-153.367, passed 11-9-2021) Penalty, see § 153.999