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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)
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)
(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)
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)
(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
(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.
(C) The triangular areas referred to above are:
(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
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
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
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
(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
(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
(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;
(c) Provide adequate lot access for fire protection purposes;
(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;
(c) All applicable building height, bulk, and area requirements of the district are met; and
(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)
(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)
(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.
(C) In no instance shall any refuse be visible above the required screening.
(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)
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