Article 0.3. INTRODUCTION  

Guide to using the zoning ordinance.

1.

When you receive this zoning ordinance, write the date of receipt on [the] cover of [the] first page. Thereafter, refer to this date when asking the City of Montrose for any zoning ordinance amendments since you received your copy.

2.

Refer to the separate adopted zoning district map, article 3, section 3.2 to determine the current zoning for the property in question.

3.

You may want to check with the city's zoning administrator to verify the present zoning and any amendments to this ordinance which may apply to your particular district.

4.

If you have any questions regarding a term, refer to the definition section, article 2.

5.

Review the chart on pages I-4 through I-6, [accompanying this introduction] which provides an overview of the uses permitted by right and uses requiring special land use approval in each district or refer to the more detailed list within each district (articles 4 through 10). Determine from the list of uses whether your proposed use is included as one of the following:

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Principal use permitted. These uses are automatically allowed if you meet the requirements of site plan, parking, landscaping, signage, and other applicable sections. No public hearing is required. However, in most cases you will be required to submit a site plan.

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Special land use. These uses require special review by the planning commission [now planning board—see Charter § 5-201] to ensure that the use complies with the standards listed in article 11. Special land use approvals require a public hearing before the planning commission [now planning board—see Charter § 5-201]. Presentation of special land uses requests also requires a site plan.

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[Options for listed permitted or special land uses.] If your proposed use is listed as either a permitted use or a special land use, you have several options, including:

a)

Find a site in the city that is properly zoned for your intended use.

b)

Request that the city rezone the property, which requires appearances before both the planning commission [now planning board—see Charter § 5-201] and the city council and at least one public hearing.

c)

If the use you propose is not listed, you can request that the zoning administrator or planning commission [now planning board—see Charter § 5-201] give an interpretation on whether the proposed use falls within one of the listed uses. The zoning board of appeals has final authority on such interpretations.

6.

Review the schedule of regulations, article 3, section 3.6. This table and its footnotes provide dimensional standards such as minimum lot size, building setbacks, maximum height, etc. within each zoning district. If you cannot meet a requirement, you may request a variance from the zoning board of appeals as described in article 18, but must meet their [its] strict criteria for granting a variance (as listed on the application).

7.

Refer to other sections of the ordinance which may apply:

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Article 15, General provisions - contains general standards for items (check the Table of Contents for a list) that apply to all or most of the districts.

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Article 12, Review and approval procedures - there is a detailed list of items which must be included on your site plan. Article 12 also lists the procedure for site plans review and condominium review and the standards the planning commission [now planning board—see Charter § 5-201] will use for approval.

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Article 14, Sign standards - provides standards for the number, type, size, and location of signs.

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Article 16, Landscaping standards - three types of landscaping may be required: 1) a buffer area from adjacent uses, 2) landscaping along the street frontage and 3) landscaping within a parking lot. There are also standards for screening dumpsters.

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Article 17, Nonconforming uses and structures (if applicable) - provides limits on what you can do if your use or structure is not conforming with the standards of this ordinance.

8.

You may want to consider preparing a preliminary (conceptual) site plan to obtain reaction and comment from the planning commission [now planning board—see Charter § 5-201] before you prepare the more expensive drawings required for site plan approval. A preliminary site plan may save you time and money by minimizing redrawing.

9.

In some cases, the planning commission [now planning board—see Charter § 5-201] or city council may request a traffic study, environmental study, market study, etc. to assist in analyzing your project. Early informal meetings, conceptual plans and/or discussions with city staff may alert you of the need for additional information.

10.

The approval process for various submittals (site plan review, condominium review, special land use permits, zoning ordinance amendments and rezonings) is outlined [beneath the following table]. When a public hearing is required, you should plan on attending the meeting where your proposal will be discussed, or have someone represent you, to respond to questions.

General listing of permitted uses and special land uses.

Outline of approval process.

Site plan review (article 12).

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Step 1. Preapplication reviews with city staff and planning commission [now planning board—see Charter § 5-201] (optional).

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Step 2. Submittal of site plan, application form, and fee to city clerk.

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Step 3. Reviews by city staff.

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Step 4. Planning board review and final action.

Special land use permits (article 11).

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Step 1. Preapplication reviews with city staff and planning commission [now planning board—see Charter § 5-201] (optional).

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Step 2. Submittal of site plan, application form, and fee to city clerk.

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Step 3. Reviews by city staff.

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Step 4. Planning commission [now planning board—see Charter § 5-201] review, public hearing, and final action.

Condominium plan review (article 12).

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Step 1. Notice pursuant to section 71 of Public Act No. 59 of 1978, as amended [MCL 559.171], provided to the city.

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Step 2. Submittal of condominium plan, application form, and fee to city clerk.

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Step 3. Reviews by city staff.

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Step 4. Planning commission [now planning board—see Charter § 5-201] review and final action.

Zoning ordinance text amendments and rezonings (article 19).

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Step 1. Preapplication reviews with city staff and planning commission [now planning board—see Charter § 5-201] (optional).

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Step 2. Submittal of application form, and fee to city clerk.

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Step 3. Reviews by city staff.

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Step 4. Planning commission [now planning board—see Charter § 5-201] public hearing review, and Recommendation.

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Step 4 [5]. City council public hearing review, and final action.

Official zoning map