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(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)
(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.
(c) Third:
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.
(C) Special performance standards.
(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
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.
(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
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.
(C) Only 1 PCHO shall be allowed per parcel of record within the Charter Township of Montrose.
(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
NONCONFORMING LOTS, STRUCTURES,
AND USES OF LAND AND STRUCTURES
AND USES OF LAND AND STRUCTURES
(A) It is the intent of this subchapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
(B) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which where lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(C) To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begin prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
(D) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be ACTUAL CONSTRUCTION, provided that work shall be diligently carried on until completion of the building involved.
(Ord. 99, passed 11-18-1996, § 23.01)
(A) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
(B) This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.
(C) Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.
(Ord. 99, passed 11-18-1996, § 23.02)
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(A) No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(B) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.
(C) (1) No nonconforming use shall be expanded by the addition of products or services which were not part of the use being engaged in at the effective date of adoption or amendment of this chapter.
(2) The addition of uses or activities which were not part of the prior use, even though the uses or activities were permitted in the prior zoning district, constitutes an expansion of a nonconforming use which is prohibited by this chapter.
(D) If the nonconforming use of land ceases for any reason for a period of more than 1 year, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(Ord. 99, passed 11-18-1996, § 23.03; Am. Ord. 119, passed 5-17-1999) Penalty, see § 153.999
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