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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)
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)
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)
(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
(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)
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;
(c) Human masturbation, actual or simulated;
(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.
(C) Application for license.
(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;
(c) Social security number;
(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.
(c) No individual shall damage or deface any portion of 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
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
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
(c) The material depicts or describes sexual conduct in a patently offensive way.
(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
(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.
(C) Review and approval requirements.
(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)
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