Sec. 11.01. This district is intended for the purpose of accommodating a wide variety of retail and service establishments to serve the shopping needs of local residents and the motoring public primarily along 142 ^nd Avenue.

(Ord. No. 29, 9-2-1993; Ord. of 12-4-2008)

Sec. 11.02. Land and/or buildings in the E, Commercial District may only be used for the following, subject to the site plan review requirements of Chapter 14A herein.

(a)

Any use permitted in the C and D Local Commercial Districts.

(b)

Public or private clubs and lodges or similar places of assembly.

(c)

Motels and hotels.

(d)

Printing, lithography, publishing, and photocopy establishments.

(e)

Ambulance service establishments.

(f)

Tire shops including recapping and re-treading.

(g)

Motor vehicle detailing establishments excluding spray painting and body repair of motor vehicles.

(h)

Building contractors such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, and similar uses provided that any materials or equipment kept outside shall be screened from the view of nearby properties and roadways.

(i)

Medical and dental laboratories.

(j)

Radio and television studios.

(k)

Establishments for the distribution of dairy products.

(l)

Municipal garages, utility service buildings, or storage yards.

(m)

Uses and structures customarily incidental and accessory to the principal use.

(n)

Other uses which are determined by the Zoning Administrator to be similar in nature and operation to the above uses.

(Amend. of 3-6-1980; Ord. No. 29, 9-2-1993; Ord. of 12-4-2008)

Sec. 11.03. Land and/or buildings in the E, Commercial District may only be used for the following uses when approved for a Special Use Permit by the Planning Commission, subject to the provisions for Special Uses as contained in this Ordinance.

(a)

Special uses as permitted in the C and D Local Commercial Districts.

(b)

Open air businesses including but not limited to: the sale of motor vehicles, farm implements, lawn and garden equipment sales and service, motor homes, mobile homes, mobile or modular homes, and similar uses.

(c)

Vehicle body shops provided all work is performed within an enclosed building and the outside storage of vehicles is screened from the view of nearby properties.

(d)

Automatic and self serve vehicle wash facilities.

(e)

Outdoor movie theatres.

(f)

Machine shops and tool and die establishments.

(g)

Outdoor places of assembly for public amusement or entertainment or assembly.

(h)

Special controlled uses as regulated by Sec. 300.536, Sec. 1106 herein.

(i)

Retail building supply and equipment stores.

(j)

Retail nurseries and garden centers.

(Amend. of 3-6-1980; Ord. No. 29, 9-2-1993; Ord. of 12-4-2008)

Sec. 11.04. No building shall exceed 35 feet in height except as provided by Section 4.12 herein.

(Ord. No. 29, 9-2-1993; Ord. of 12-4-2008)

Sec. 11.05.

(a)

Front yard. A minimum of 75 feet along each street abutting the property.

(b)

Side yard.

(1)

A minimum side yard of 25 feet shall be required when a lot in the E District abuts an A, B, RE, or RA District.

(2)

There shall be no side yard requirement when a lot in the E District abuts a zoning district other than an A, B, RA or RE District except in cases when it is not desired to build to the side lot line in which case a minimum side yard of more than 10 feet shall be required.

(c)

Rear yard. A rear yard shall not be less than 25 feet except that if the rear lot line abuts an A, B, RE, or RA Zoning District the rear yard shall not be less than 50 feet.

(d)

Lot area and width. The minimum lot size shall be 15,000 square feet with 100 feet of width at the front lot line. This minimum width shall be maintained throughout the remainder of the lot.

(Ord. No. 29, 9-2-1993; Ord. of 12-4-2008)

Sec. 11.05.

(a)

Landscaping shall be provided as required by Section 4.41 [300.231] herein.

(b)

A site plan shall be required for all uses according to the requirements of Chapter 14A [300.630] herein.

(c)

Off street parking shall be provided in accordance with the requirements of Chapter 15[300.720] herein.

(d)

Structure Facade - At least eighty percent (80%) of that portion of a structure or building, be it a front, side, or rear, which faces a public street shall be finished with face brick, wood, glass, stone, or fluted cement block, or stucco-like material. In recognition of developing technologies in building materials, the Planning Commission in reviewing a site plan may agree to approve other materials provided that they are compatible with surrounding properties, and further provided that such materials meet appropriate architectural, aesthetic, and safety concerns as may be provided for in any duly adopted Ordinances and/or Building and Fire Codes.

Additions to or renovations of buildings existing as of the date of the Section shall be subject to the requirements of this section. The Planning Commission or Zoning Administrator, depending upon the type of review required, shall have the authority to modify or waive these requirements or to extend them to the entire facade of the existing building.

In determining the facade requirements of this section, the following criteria shall be considered:

(1)

The location of the addition or renovation relative to the existing building.

(2)

The size relative to the existing building.

(3)

The location of the existing building.

(4)

Whether compliance with this Section will result in architectural consistency with the existing building and improve the overall aesthetics of the building.

(5)

The practicality of requiring compliance with this Section based on the design and structural integrity of the existing building.

(6)

Whether modifications of the building will have a negative impact on the character, safety, and welfare of the neighborhood or surrounding area.

(Ord. of 12-4-2008)

NOTE: The following Adult Entertainment Business section is new and replaces the Special Controlled Use Section.

Sec. 11.06.

(a)

Adult Entertainment Definitions.

(1)

Adult entertainment business shall mean any store, establishment, tavern, club, or theater having as a substantial or significant portion of its trade, the display, barter, rental or sale of books, peep booths, magazines, periodicals, video movies, films, photographs, novelties, or other materials or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specific sexual activities" or "specified anatomical areas" as defined hereinafter, OR any "sexually oriented adult entertainment premises", as defined hereafter, including but not limited to adult bookstores, adult entertainment shows, adult motion picture theaters, and adult arcades.

For purposes of this Ordinance, any establishment or premises having more than ten percent of it's square footage of the floor area open to the public devoted to the display, barter, rental or sale of printed matter, pictures, graphics, novelties, or other materials or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specific adult activities" or "specified anatomical areas" shall be presumed to have a substantial or significant portion of its trade devoted to such regulated activities.

(2)

Adult materials means materials that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, but shall not include movies rated "G," "PG," "PG-13," or "R," the registered trademarks of the Motion Picture Association of America. For purposes of this article, the term "materials" include pictures, text, videos, audio tapes, cartoons, books, magazines, novelties, and other printed items.

(3)

Novelty means any instrument, device, or paraphernalia which depicts or describes any "specified sexual activities, "or "specified anatomical areas," or which is designed for use, or commonly used, in connection with "specified sexual activities," excluding condoms and other birth control and disease prevention products.

(4)

Peep booth means a viewing room, other than a private room not authorized for admittance by patrons, of less than 150 square feet of floor space upon the premises of an adult entertainment business regulated herein where there is exhibited photographs, films, motion pictures, video cassettes, video reproductions, or other visual representations, or which depict or describe specified anatomical areas or specified sexual activities.

(5)

Sexually oriented adult entertainment means any entertainment conducted in a public place of amusement where such entertainment involves a person appearing or performing in a state of nudity, as defined herein.

(6)

Sexually oriented adult entertainment premises means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides sexually oriented adult entertainment on a regular basis and as a substantial part of the business operation.

(7)

Specified anatomical areas shall mean:

i.

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola.

ii.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

(8)

Specified sexual activities shall mean:

i.

Human genitals in a state of sexual stimulation or arousal.

ii.

Acts of human masturbation, sexual intercourse, or sodomy.

iii.

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(9)

State of nudity. A person appears in a "state of nudity" when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, or genitals.

(b)

Restriction on Locations of Adult Entertainment.

(1)

An adult entertainment business may be located only in a "E" Commercial zone.

(2)

An adult entertainment business shall be permitted only by special use permit granted by the Township Planning Commission, and after public hearing as otherwise required by the Township for issuance of a special use permit. The special use permit shall be approved only if there has been compliance with all provisions of this Ordinance and all other applicable Township Ordinances.

An adult entertainment business shall not be located:

i.

Within 500 feet of the property line of any single-family, two-family or multiple-family residential use. For purposes of this section, the term "multiple-family residential use" shall specifically include, but not by way of limitation, any retirement, convalescent or nursing home or facility or other housing for the elderly.

ii.

Within 500 feet of the property line of any public or private school, college or university, or of any nursery school, day nursery or child care center.

iii.

Within 500 feet of the property line of any church or other religious facility or institution.

iv.

Within 500 feet of any public park.

v.

Within 500 feet of any other adult entertainment business.

The distances provided for in this subsection shall be measured by projecting a straight line, without regard for intervening buildings or structures, from the nearest point of the building, structure or tenant space within which the proposed use is to be located to the nearest point of the property line, specified use from which the proposed use is to be separated.

(c)

Enclosed Portions Requirement.

No person shall appear in a state of nudity except within the fully enclosed portions of the structure housing the adult entertainment business.

(d)

Exterior Structural Requirements.

All adult entertainment businesses must comply with the following exterior structural requirements:

(1)

The merchandise or activities of the adult entertainment business shall not be visible from any point outside the business.

(2)

The exterior of the adult entertainment business shall not utilize flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner.

(3)

The exterior of the building containing the adult entertainment business shall not be painted any color other than a single neutral color.

(e)

Signs.

Signs for an adult entertainment business shall comply with the following requirements:

(1)

One free standing sign and one wall sign is permitted per parcel

(2)

A sign shall not exceed 50 square feet in area

(3)

A sign shall not contain any photographs, silhouettes, drawings, or pictorial representations of any manner which refer to, or depict, any state of nudity, specified anatomical areas, or specified sexual activities.

(4)

A sign shall not contain any flashing lights and shall only be internally illuminated

(5)

Signs for an adult entertainment business shall also comply with the requirements of Chapter 4A of the Township Zoning Ordinance, except that the above requirements shall supersede the requirements of Chapter 4A where applicable.

(6)

A sign shall be prominently displayed on or next to the door to the enclosed area so that it can be easily viewed by any person who approaches the door of the enclosed area. Typeface must be as large as any other typeface that advertises adult material on the premises, but in no case shall the letters be less than one-half inch tall. This sign shall read as follows:

RESTRICTED AREA

ADULT MATERIAL ENCLOSED

MUST BE 18 YEARS OLD OR OLDER TO ENTER

Any other advertising of adult materials on the premises shall include the following legend:

ADULT MATERIAL

MUST BE 18 YEARS OLD OR OLDER

TO VIEW, RENT OR PURCHASE

This legend shall be in legible typeface and shall be as large as the largest typeface in the advertisement.

(f)

Regulations on Sale, Rental or Viewing Of Adult Materials.

Adult materials may be held for sale, rent, or view in the Township only in accordance with the following use regulations:

(1)

Enclosed area. All adult materials shall be maintained in a separate area of the premises. The area shall be completely enclosed by opaque walls or partitions which are at least seven feet in height. The area shall have no windows, and shall have an opaque door which shall enclose the area from the floor to at least seven feet in height. The door shall be kept closed during all hours of operation. An employee of the adult entertainment business shall monitor the enclosed area either in person or by video camera at all times.

(2)

Age restriction. Access to the enclosed area, including viewing of any part of the enclosed area, and all sales or rentals of adult materials shall be limited to persons age 18 or older. This restriction includes, but is not limited to, patrons and employees. No minor shall enter or otherwise gain access to, or attempt to gain access to, any adult materials. No adult or minor shall knowingly assist any minor in gaining access, or attempting to gain access to, any adult materials.

(3)

Proof of identification. Any employee of a business has the right to require a current valid picture identification card from any person desiring to purchase, rent or gain access to adult materials.

(g)

Uniform Hours of Operation.

An adult entertainment business shall be open to the public only during the hours of 7:00 A.M. to 2:30 A.M.

(h)

Conditions and Limitations.

The Planning Commission may impose any such conditions or limitations upon the establishment's location, construction, maintenance, or operation of the adult entertainment business as may in its judgment be necessary for the protection of the public interest. Any evidence and any guarantee may be required as proof that the conditions stipulated in connection herewith will be fulfilled. Failure to follow such limitation or condition will result in the immediate termination of any special use permit granted to such adult entertainment business.

(i)

Conditions For Rejection.

The Planning Commission shall not approve a special land use application for a sexually oriented business if it finds one or more of the following to be true:

(1)

An applicant is under 18 years of age;

(2)

An applicant is overdue in payment to the Township of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business;

(3)

An applicant has failed to provide information required by the Dorr Township Zoning Ordinance or has knowingly answered a question or request for information falsely;

(4)

The premises to be used for the sexually oriented business has not been approved by the building inspector and the zoning enforcement officer as being in compliance with applicable laws and ordinances;

(5)

The applicant or a director, officer, partner, member, principal manager or chief executive officer of the applicant has had a sexually oriented business license or adult business license revoked or suspended within one year prior to the date of application.

(6)

The applicant or a director, officer, partner, member, principal manager or chief executive officer of the applicant has operated a sexually oriented business or adult business which was determined to be a public nuisance under laws of any state, county, city, village or township within one (1) year prior to the date of application;

(7)

The applicant is not in good standing or authorized to do business in Michigan;

(8)

The application fee has not been paid;

(9)

An application of the proposed sexually oriented business is in violation of or is not in compliance with, any of the provisions of this section;

(10)

The applicant has been convicted of any of the following criminal offenses in any jurisdiction within the last 10 years:

i.

Prostitution, procuring a prostitute, or solicitation of a prostitute;

ii.

Sale, distribution or display of obscene material;

iii.

Sale, distribution or display of material which is harmful to minors;

iv.

Soliciting, procuring or aiding and abetting an unlawful sexual performance by a minor;

v.

Possession, sale or distribution of child pornography;

vi.

Public lewdness;

vii.

Indecent conduct with a child;

viii.

Sexual assault or rape;

ix.

Sexual solicitation of a child;

x.

Contributing to the delinquency of a minor; or

xi.

Harboring a runaway child.

(j)

Limit on Reapplication.

No application for an adult entertainment business which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence not previously available, or proof of changed conditions.

(Ord. of 12-4-2008)