The village has determined that certain land uses warrant supplemental regulation in order to be consistent with the public health, safety, and welfare of the village and to ensure the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use. This article sets forth the districts where the special land uses are permitted, provided the special land uses meet the standards provided in this chapter.

(Ord. No. 458, § 451, 3-2-2015)

(a)

Activities listed in this section shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors, provided that it is located more than 300 feet from any other district. All outdoor storage shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates at least six feet in height. Such storage shall not be deemed to include the parking of licensed motor vehicles under 1½ tons rated capacity.

(b)

Noise emanating from a use in this district shall not exceed the level of ordinary conversation at the boundaries of the lot. Noise may equal but shall not exceed average street traffic noise.

(c)

Uses in this district shall not:

(1)

Emit obnoxious, toxic, or corrosive fumes or gases which are deleterious to the public health, safety, or general welfare, except for those produced by internal combustion engines under designed operating conditions.

(2)

Emit smoke, odorous gases, or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.

(3)

Discharge into the air dust or other particulate matter created by any industrial operation or emanating from any products stored prior or subsequent to processing.

(4)

Produce heat or glare humanly perceptible at or beyond the lot boundaries.

(5)

Discharge radioactive materials that exceed quantities established by the U.S. Bureau of Standards.

(6)

Include in the manufacturing process any production or storage of any material designed for use as an explosive or use any such material in production.

(d)

Yards in this district shall conform to the following standards:

(1)

Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading but not for storage.

(2)

Subject to the provisions of section 44-220, which shall prevail, when the side or rear yard areas abut land within a residential district and when such yard areas are to be used for parking, loading, unloading, or servicing, then such side and rear yard areas shall be effectively screened by a solid, uniformly finished wall or fence. Such wall or fence shall be at least six feet in height. The height and extent of such wall or fence shall be determined by the planning and zoning administrator on the basis of proposed side or rear yard usage.

(Ord. No. 458, § 452, 3-2-2015)

(a)

All such facilities shall be located on a major thoroughfare as defined in this chapter, and all ingress and egress to the site shall be from the thoroughfare.

(b)

All facilities, including parking and passenger loading areas and equipment parking areas, shall observe the required yard setbacks for the zone in which the facility is located. Loading areas where equipment may be located with engines idling shall be located a minimum of 200 feet from any residential use. Off-street parking shall be provided for all patrons, employees, equipment, and other vehicles associated with the operation.

(Ord. No. 458, § 453, 3-2-2015)

Approval of a water transportation facility shall be based upon the applicant presenting to the village a feasibility study prepared by a qualified and experienced consultant in the field of water transportation facility planning and development. The study shall indicate the extent and nature of facilities required for a development and shall address the issues of facility needs, parking, storage areas, specialized docking requirements, and all other pertinent issues. The village shall make its determination regarding the issuance of a special use permit based on the feasibility study and the proposal's ability to meet the standards of issuing a special use permit as spelled out in section 44-272.

(Ord. No. 458, § 454, 3-2-2015)

(a)

All marina and boat dealer sites shall be located on a major thoroughfare, as defined in this chapter, and all ingress and egress to the site shall be from the thoroughfare.

(b)

All points of entrance or exit for motor vehicles shall be located no closer than 50 feet from the intersection of any two streets or highways.

(c)

When any use permitted herein abuts property within any residential district, a transition strip at least 50 feet in width shall be provided between the residential property and all operations and structures. Plant materials, grass, and structural screens or fences of a type approved by the planning commission shall be placed within the transition strip.

(d)

A minimum yard of 50 feet shall separate all uses and operations permitted herein, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the planning commission.

(e)

A minimum of 50 feet shall separate any improvement from the water's edge marina-related uses and improvements which the planning commission determines, due to safety or physical requirements, must be located closer to the water's edge, such as boat ramps, attendant shacks, gas docks and pumps, and loading and unloading zones.

(Ord. No. 458, § 455, 3-2-2015)

(a)

Outdoor display of individual pieces of equipment may be allowed in areas so designed in the site plan as approved, provided that the display area has been designed and constructed as part of the overall site improvements. Display areas shall be suitably landscaped. Such landscaping shall include shrubs and trees in sufficient quantity to mitigate any adverse impact of the outdoor display.

(b)

Servicing and repairs shall be conducted only within a totally enclosed building and shall meet the requirements of section 44-161.

(Ord. No. 458, § 456, 3-2-2015)

(a)

The space utilized for outdoor display of motor vehicles shall meet the setback and development requirements for parking lots as set forth in section 44-231.

(b)

Vehicle repair facilities shall meet the requirements of section 44-161.

(c)

Night lighting fixtures shall be downcast type with no protruding lenses, designed to confine the light to the display area only and shall conform to the requirements of section 44-228.

(Ord. No. 458, § 457, 3-2-2015)

(a)

Intent. It is the intent of this section to exercise a measure of control over service station buildings and their sites, and to establish a basic set of standards which will minimize traffic congestion and safety hazards which are inherent with these types of land use activity. This chapter requires conformity to these standards before a building permit may be issued for a gasoline service station.

(b)

Uses that may be permitted. Gasoline service stations, as defined in this chapter, are permitted, provided that accessory uses and services are conducted within a completely enclosed building.

(c)

Site development requirements. The following requirements for site development, together with any other applicable requirements of this chapter, shall be complied with:

(1)

Site location. The proposed site shall have at least one property line on a major thoroughfare as defined in this chapter, shall have a minimum site area of 15,000 square feet, and shall have a minimum lot width of 150 feet.

(2)

Building setback. The service station building shall be set back 40 feet from all street right-of-way lines and shall not be located closer than 40 feet to any property line in a residential district.

(3)

Access drives.

a.

No more than two driveway approaches shall be permitted directly from any major thoroughfare or more than one driveway approach from any other public street.

b.

Driveway approach widths shall not exceed 36 feet measured at the property line.

c.

Driveways shall be located as far from street intersections as practical, but not less than 50 feet.

d.

No driveway or curb cut for a driveway shall be located within ten feet of an adjoining property line.

e.

Any two driveways giving access to a single street shall be separated by a minimum dimension of 20 feet.

(4)

Exterior lighting. Exterior lighting shall comply with the requirements set forth in section 44-228.

(5)

Signs. Signs shall comply with the requirements set forth in section 44-230.

(6)

Parking. Off-street parking shall comply with the requirements set forth in section 44-231.

(7)

Curbs. A raised curb at least six inches in height shall be erected along all of the street property lines, except at driveway approaches. The entire service area shall be paved with a permanent surface of concrete or asphalt.

(8)

Fences. Subject to section 44-224, a solid fence or natural screening in accordance with section 44-229 shall be erected along all property lines abutting any lot within a residential district.

(Ord. No. 458, § 458, 3-2-2015)

(a)

Intent. The intent of this section is to establish reasonable requirements for transient lodging facilities, exclusive of bed and breakfast establishments. It is intended that these regulations will provide for facilities that are appropriate in scale and design to keep with the residential character of the village.

(b)

Requirements.

(1)

Minimum floor area. Each guest unit shall contain no less than 250 square feet of floor area.

(2)

Maximum number of rooms in B-2 central business district. The maximum number of rooms in B-2 central business district is no more than 20 guest rooms.

(3)

Minimum setback dimensions. Setback requirements shall comply with section 44-237, zoning district development standards.

(4)

Maximum building height. Maximum building height requirements shall comply with section 44-211, structure height, and section 44-237, zoning district standards.

(5)

Parking and loading requirements. Parking and loading requirements shall comply with section 44-231, off-street parking and loading regulations. In the B-2 district, on-site parking shall be provided at .5 space per room.

(6)

Site landscaping and screening requirements. Site landscaping and screening requirements shall comply with section 44-229, landscaping.

(7)

Lighting. All site lighting shall comply with section 44-288, lighting.

(8)

Signage. All proposed signage shall comply with section 44-230, signage.

(9)

Location. Hotels/motels are allowed in all the business and industrial zoning districts only.

(10)

Accessory uses. Uses such as swimming pools and other outdoor recreational uses, meeting rooms, spas, restaurants, and bars, shall be permitted, provided that these uses are located on the same site as the principle use to which they are accessory.

(Ord. No. 458, § 459, 3-2-2015; Ord. No. 2022-07, 6-20-2023; Ord. No. 2024-10, § 1, 10-15-2024)

All boarding residences shall meet state and local health and safety codes. Boarding uses shall be carried out in an inconspicuous manner so that the nature of activities related to the residence do not differ significantly from activities related to normal residential uses in the districts.

(Ord. No. 458, § 460, 3-2-2015)

(a)

Intent. It is the purpose of this section to provide for travel trailer parks, campgrounds, and similar facilities normally operated on a seasonal basis for the accommodation of recreational units, tents, travel trailers, self-propelled homes, or vehicles designed primarily for living or sleeping.

(b)

Site development requirements. Site developments shall comply with the provisions of MCL 333.12501 et seq., and also with the following:

(1)

No travel trailer park shall be located except with direct access to a county or state highway. Minimum lot width shall be not less than 50 feet for the portion used for entrance and exit roads. No entrance or exit shall be through a residential district or shall require movement of traffic from the park through a residential district.

(2)

Campsites shall be rented only by the day or week and only during the period of April 15 through November 15.

(3)

Management headquarters, recreational facilities, toilets, showers, laundry facilities, and other uses and structures customarily incidental to the operation of a travel trailer park are permitted as accessory uses in the districts in which trailer parks are allowed, provided that:

a.

Such establishments and the parking area primarily related to their operations shall not occupy more than ten percent of the area of the park.

b.

Such establishments shall be restricted in their use to occupants of the park.

c.

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

d.

In addition to meeting the above requirements, the travel trailer site plan shall be subject to the review and approval of the county health department.

e.

Storage areas for unoccupied travel trailers, motor homes, and similar units may be allowed as an accessory use.

(Ord. No. 458, § 461, 3-2-2015)

(a)

The drive-thru shall be located on a major thoroughfare, as defined in this chapter, and all ingress and egress to the site shall be from the same thoroughfare.

(b)

The service lane shall be designed for a one-way traffic pattern only.

(c)

The drive-thru shall be limited to one service lane.

(d)

The service lane shall provide sufficient space so that motor vehicles will not interfere with the circulation of public walks and streets.

(e)

The drive-thru function shall be physically separate from any customer parking or maneuvering associated with services provided inside the facility. This physical separation shall be achieved through structures, curbs, landscaped islands, decorative fencing, architectural screen, or approved combinations of these elements.

(f)

In order to limit the number of street access points, site ingress and egress may be shared by the drive-thru and inside customer service functions, when approved by the planning commission.

(g)

The drive-thru lane shall be delineated with paint, reflective tape or other approved contrasting material, which is applied either upon or as an integral part of the pavement.

(h)

No parking space, stacking space or maneuvering lane shall be located within a required setback. Nor shall any drive-thru lane be located closer than five feet to a property line, except where such lane crosses a property line for site access or egress.

(i)

Any time the drive-thru operation is in service, provisions shall be made to safely accommodate customers without motor vehicles.

(Ord. No. 458, § 462, 3-2-2015)

Parking lots shall meet all of the design requirements set forth in sections 44-228, 44-229, and 44-231.

(Ord. No. 458, § 463, 3-2-2015)

(a)

All such activities shall be conducted within a completely enclosed building; containment areas shall be constructed around locations where hazardous liquids are stored. Containerized liquids shall be stored on concrete or an impervious material and the storage area shall be diked or curbed so as to contain the volume of the stored material in case of an accidental spill. This area shall have no drains or areas where liquids can escape. All operations which involve liquids such as gasoline, oil, transmission fluid, and so forth shall be done on a paved impermeable surface and shall meet all state regulations as required. Any spills shall be cleaned up with an absorbent material.

(b)

Floor drains in work areas shall be prohibited from connection to sanitary sewer facilities.

(c)

All hazardous waste on the site must be disposed of by a hauler who is licensed to haul hazardous waste. Hazardous wastes include used solvents and batteries.

(d)

Employees shall be trained in safe work practices for handling the hazardous substances in the work place. This training includes notification as to the extent of the hazards, safe work habits, and the safest responses to an accidental spill.

(e)

No used parts, particularly disassembled vehicles or other similar materials shall be allowed to be stored out-of-doors.

(f)

Cars which are not actively within the repair process shall not be stored on a site unless in a totally screened area.

(g)

All activity areas outside of the screened storage area shall be paved with a dust free surface.

(Ord. No. 458, § 464, 3-2-2015)

(a)

All sites shall be located on a major thoroughfare, as defined in this chapter, and all ingress and egress to the site shall be from the thoroughfare.

(b)

All points of entrance and exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets or highways.

(c)

When any use permitted herein abuts property within any residential district, a transition strip at least 200 feet in width shall be provided between all operations and structures, including fences, and the residential property. Plant materials, grass, and structural screens or fences of a type approved by the planning commission shall be placed within the transition strip.

(d)

A minimum yard of 100 feet shall separate all uses and operations permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the planning commission.

(e)

When a swimming pool is to be provided, the pool shall be constructed and operated in accord with MCL 333.1101 et seq.

(Ord. No. 458, § 465, 3-2-2015)

(a)

There shall be in physical attendance at all times of operation a minimum of one adult employee whose responsibility shall be to supervise the conduct of patrons on or near the premises, in particular activities in parking and other site areas. If deemed necessary, the village may require the attendance of a uniformed security guard or law enforcement officer on the premises. The costs for such supervision shall be borne by the arcade owner or operator.

(b)

Suitable ventilation, fire protection measures, and adequate lighting inside and outside the premises shall be provided for the safety of patrons and the public.

(c)

All off-street parking, loading, and public street access requirements shall be provided as required by section 44-231.

(d)

Bicycle racks shall be provided on-site within 25 feet of any arcade.

(e)

When machines are located along one side of an aisle, the aisle shall be a minimum of 66 inches in width and shall be unobstructed. When machines are located on both sides of any aisle, the aisle shall be not less than 90 inches in width and shall be unobstructed, and such open areas shall be unobstructed. The maximum number of machines in any arcade shall not exceed one machine for every 40 square feet of gross floor area allotted to the arcade operations.

(f)

No game arcade shall be maintained or operated unless all portions of the interior of such game arcade, except the restrooms thereof, are plainly visible from the outside of the building through unobstructed windows or glass doors. All windows and glass doors which provide a view of the interior of the premises shall remain unobstructed at all times. All arcades which are part of another use shall be clearly visible from other public uses within the building. All entrances and interior areas shall be adequately lighted.

(g)

During periods when the school system is in normal session, no game arcade shall be open for business except between the hours of 10:00 a.m. and 10:00 p.m. on Sundays through Thursdays, and between the hours of 10:00 a.m. and 12:00 noon on Fridays and Saturdays. However, no person under 18 years of age, unless accompanied by a parent or guardian, may enter, be, or remain in any part of a game arcade during such times as the school system is conducting its regular education program.

(h)

A person shall not enter, be, or remain in any part of a game arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drugs. No licensee, manager, or supervisory employee shall permit any such person to enter or remain on the premises. The sale of tobacco products on the premises shall be prohibited. A sign shall be posted inside the arcade stating in letters at least two inches high: "No Consumption of Alcoholic Beverages."

(i)

Other reasonable conditions as may be imposed by the village to further the purposes of this chapter.

(Ord. No. 458, § 466, 3-2-2015)

(a)

Authorized construction, maintenance and operation requirements. The planning commission may authorize the construction, maintenance, and operation of institutional structures and uses. For the purpose of this section, institutional structures and uses include the following:

(1)

Religious institutions. Churches or similar places of worship, convents, fellowship or social halls, shelters or day care facilities that are part of the church function. Residences associated with religious institutions, such as parsonages, parish houses or other houses for clergy, need only meet the requirements of the underlying zoning district.

(2)

Educational and social institutions. Private elementary and secondary schools, public and private colleges and universities, correspondence/vocational schools, libraries, centers for social activities, auditoriums and other places of assembly.

(3)

Utility and essential service installations. Electric power transformer stations, gas regulator stations and other essential service installations.

(4)

Institutions for human care. Hospitals, sanitariums, homes for the aged, nursing or convalescent homes.

(5)

Institutional or community recreation centers and recreational land use. Public or privately owned and operated parks, picnic groves, nature trails, athletic fields and game courts. Athletic fields and game courts that are associated with and part of public elementary and secondary schools site plan approved by the state superintendent of public instruction are exempt from these requirements.

(b)

Design, setback and landscaping requirements of institutions.

(1)

Institutions set forth in subsection (a) of this section shall:

a.

Be compatible and appropriate in scale and character with existing or planned surrounding developments.

b.

Have entrance and exit drives directly onto a village street.

c.

Have lighting designed in accordance with section 44-228, and be unobtrusive to neighboring properties. That is, all exterior lighting will be so arranged as to direct light away from all neighboring properties. The planning commission may require a registered professional engineer or architect for the design of any or all exterior lighting of an institutional development.

d.

Operate only during hours that are compatible with adjacent residential uses.

(2)

Setback requirements will be maintained as follows, with the exceptions noted below:

a.

A 50-foot setback from all adjacent (neighboring) property lines will be maintained.

b.

A 30-foot setback from all street right-of-way lines will be maintained.

c.

The 30-foot setback from all street right-of-way lines and the first 30 feet of the 50-foot setback from all adjacent (neighboring) property lines will be used exclusively for a green space. With the exception of a lot line fence, no structure will be allowed within this 30-foot setback.

d.

Allowed between the 30-foot setback and the 50-foot setback of adjacent (neighboring) property lines are uses related to the principal use of the property, excluding structures for temporary or regular human occupancy, such as buildings, tents and multi-tier seating. Examples of acceptable use items include, but are not limited to, light poles, scoreboards, driveways, statues, gardens/grottos, small buildings (100 square foot maximum).

(3)

The planning commission may require additional fencing, berms or landscaping.

(Ord. No. 458, § 467, 3-2-2015)

(a)

Group day care home and childcare center uses shall be duly licensed by the state.

(b)

Fencing of outdoor play areas may be required should it be determined by the planning and zoning administrator that conditions exist in the immediate vicinity which could be hazardous to the user children or that objectionable trespass could occur onto neighboring properties by the user children. The planning and zoning administrator shall make such determination by contacting adjacent property owners by U.S. mail and allowing a ten-day response time to receive comments from the neighbors regarding such probability.

(c)

The planning commission may, at any time, in accordance with the requirements of MCL 722.111 through 722.128, limit the hours of operation of a group day care home should it receive any written complaints regarding operating hours.

(d)

The planning commission may approve childcare centers within the commercial districts, provided that it is demonstrated that children may be dropped off and picked up in a safe manner and at a location free from street traffic, that there is a minimum of 2,500 square feet of fenced and adequately equipped outdoor play area, and that there is sufficient off-street parking provided for the largest number of employees on the premises at any one time.

(e)

The planning commission may approve childcare centers within the industrial zone, provided that the requirements of subsection (d) of this section are met and further, that the use is accessory to and provided as a part of principal uses in that district.

(Ord. No. 458, § 468, 3-2-2015)

(a)

Adult foster care facility uses shall be duly licensed by the state.

(b)

A maximum of ten adults may receive foster care at any one time at any one facility.

(c)

Such facilities shall be located where adult foster residents will be safe from traffic and other hazards.

(Ord. No. 458, § 469, 3-2-2015)

(a)

Authorization. Two or more residential buildings may be built upon one lot or parcel of land when the site development requirements set forth in this section have been complied with.

(b)

Minimum site area. No group housing development shall be authorized with a gross site area of less than one acre.

(c)

Minimum lot area and width. See section 44-236 for minimum lot area and width.

(d)

Maximum lot coverage. No more than 35 percent of the net area within property lines of a group housing project, including accessory buildings, shall be covered by buildings.

(e)

Yards and other open space.

(1)

Between buildings. The minimum horizontal distance between buildings (front to front, rear to rear, or front to rear) shall be 50 feet for buildings one story in height. This distance shall be increased by not less than five feet for every story added. The minimum distance between buildings may be decreased by as much as ten feet toward one end, if it is increased by a similar distance at the other and consistent modifications are permitted by the planning commission to accommodate plans which are not conventional in their outline or in their relations to other buildings.

(2)

Between ends of buildings. The horizontal distance between ends of buildings shall be 20 feet or more for one- or two-story buildings. These distances shall be increased by not less than five feet for every story added.

(3)

Closed courts. No closed court shall be permitted. However, open arcades or garden walls less than six feet in height shall not be deemed enclosing features.

(4)

Yard dimensions. For buildings up to 35 feet in height, no building shall be closer than 25 feet to any street; 35 feet to any rear property line; 20 feet to any interior side property line. For each one foot of building height above 35 feet, one foot shall be added to required front, side, and rear yards.

(5)

Other dimensions. No dwelling unit in a group housing development shall be closer to a street or private access drive than 25 feet or shall be further from a street or private access drive than 150 feet.

(6)

Usable open space. A minimum usable open space area of 300 square feet per dwelling unit shall be provided with group housing developments. Such open space shall be provided at ground level, unoccupied by principal or accessory buildings, and be available to all occupants of the group housing development. Each open space area so provided shall have a minimum total area of 1,200 square feet, shall be unobstructed to the sky, and shall not be devoted to service driveways or off-street parking or loading space; however, the open space area shall be usable for greenery, drying yards, recreational space, and other leisure activity normally carried on outdoors.

(f)

Maximum building height. The maximum height of buildings housing the principal use shall be governed by the yard and lot area requirements. Accessory buildings shall not exceed 15 feet in height.

(g)

Private streets and access drives. Private streets or private access drives may be permitted within group housing developments, provided that the following minimum requirements are met:

(1)

Unless granted a waiver as provided below, all streets, roadways or private access drives serving a group housing development of four or more units shall be paved to a minimum width of 20 feet. Wider paving may be required by the planning commission based upon the particular density, building relationships, or parking requirements of the proposed group housing development. If parking is not allowed on them, such access drives that serve group housing developments of three or fewer units shall be a minimum width of 12 feet and an improved road base, unless granted a waiver with gravel, crushed stone or dustless surface.

(2)

No dead-end street or roadway shall serve more than 100 families as a means of vehicular access.

(3)

Suitable turning facilities shall be provided for vehicles at the terminus of all dead end streets or roadways. A minimum radius of 50 feet shall be required for all turnarounds, and additional width may be required by the planning commission after consideration of the vehicular needs of a particular group housing development proposal.

(4)

Satisfactory arrangements have been made with the planning commission regarding the maintenance and repair of streets, roadways, or access drive.

(5)

Private access roads and drives that serve group housing developments of three or fewer units may utilize gravel, crushed stone, or other dust-producing surface if, in the opinion of the planning commission and upon the request of the property owner, said surface will serve the owners, without creating either a nuisance for an abutting landowner or a poor quality for autos, delivery trucks and pedestrians. Such approval shall be by waiver of the dustless surface requirement following a discussion thereon at a meeting of the planning commission of which the applicant and the abutting property owners have all been notified at least two weeks in advance. Any such alternative surface must be maintained in good condition at all times. Failure to do so could result in the planning commission, after giving notice to the landowner, withdrawing the waiver and requiring the installation of a dustless surface within 30 days.

(h)

Village master plan. Conformity to the village's master plan is required.

(Ord. No. 458, § 470, 3-2-2015)

(a)

Intent. The village has determined that mobile home park developments have special characteristics which require full consideration of their location, their site layout and design, their demand upon community services, and their relationship to and affect upon surrounding uses of land.

(b)

Defined. Mobile home shall be as defined in this chapter. Mobile home does not include a recreational vehicle.

(c)

Uses. The following uses may be permitted as part of a mobile home park development:

(1)

A mobile home development may include any or all of the following uses or structures, provided that a plan of the proposed development is approved by the state in accordance with MCL 125.2301 et seq., and provided further that the development plan can meet the standards of this section.

(2)

One permanent building for conducting the operation and maintenance of the mobile home park development and such other accessory buildings including a caretaker's residence as may be necessary for the normal operation of the mobile home development.

(d)

Parking requirements.

(1)

Parking shall be prohibited on any street or access lane.

(2)

No visitor vehicles shall be parked or stored within any required open space between mobile homes or any drive or street within the mobile home park.

(3)

Space between mobile home units may be used for parking of motor vehicles, provided that such space is surfaced with materials which provide a dustless, durable, and smooth surface.

(4)

Off-street group parking facilities shall be within 300 feet of all mobile home lots intended to be served.

(e)

Site development requirements. All mobile home park developments shall comply with the following site development and maintenance requirements:

(1)

State law. The development shall comply with all requirements of MCL 125.2301 et seq. In cases where higher standards have been adopted by the village and approved by the mobile home commission, they shall prevail.

(2)

Plans. A preliminary plan filed in conformance with the requirements of MCL 125.2311 shall be filed with the planning and zoning administrator at the time of the filing of application for a special use permit.

(3)

License. Every mobile home park shall be licensed by the state department of commerce, as required by Mich. Admin. Code R 125.1101 et seq., of the general rules of the mobile home commission.

(4)

Site size. Any mobile home park development shall have a site of at least 15 acres.

(5)

Site location. Access to the mobile home park development site location shall be from a public thoroughfare only. The access shall be designed with a capacity to safely and effectively handle any increased traffic which may be generated by the mobile home park development.

(6)

Site access.

a.

Each mobile home park development shall be provided with an entrance or exit drive off a public thoroughfare. The ingress and egress shall be paved.

b.

The entrance or exit drives shall be located no closer than 125 feet from the intersection of any two public thoroughfares.

(7)

Space requirements.

a.

The mobile home park shall be developed with sites having an average of 5,500 square feet per mobile home site being served.

b.

The 5,500 square feet may be reduced by 20 percent, provided that the individual site shall be equal to at least 4,400 square feet.

c.

For each square foot of land gained through the reduction of the site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open space requirement be less than that required under Mich. Admin. Code R 125.1946.

(f)

Yard requirements. No mobile home unit shall be located closer than 23 feet from any private street or roadway, ten feet from a side site line, or ten feet from a rear site line.

(g)

Wood burning heating systems. The installation of wood-burning heating stoves or furnaces shall require a permit issued by the state department of labor, bureau of construction codes, mechanical division.

(h)

Park roads.

(1)

Each mobile home lot or premises shall have access to a park driveway, roadway, or street which shall be paved to a minimum width of 20 feet. No parking shall be permitted on the roadway.

(2)

If a one-way street pattern is proposed and adopted, then the street width may be paved to a minimum of 16 feet. No parking shall be permitted on the roadway.

(i)

Mobile home unit lot improvements. Each mobile home unit shall occupy at least a single lot size and shall comply with the following:

(1)

All parking areas within the mobile home park shall be clearly defined.

(2)

If a one-way street pattern is proposed and adopted, then the street width may be paved to a minimum of 16 feet.

(j)

Building height. No mobile home unit or other building or structure shall exceed 25 feet in height, except that one permanent building in the mobile home park development used for conducting the business operation may contain two stories.

(k)

Lighting.

(1)

No spotlights or floodlights shall be used for lighting or advertising purposes.

(2)

No lighting used for identification, advertising purposes, or street lighting shall have a visible source of illumination or light lenses.

(3)

No lighting shall shine on adjacent properties.

(l)

Heating fuel tanks. Only heating fuel tanks will be permitted above ground and shall be suitably screened.

(m)

Mobile home unit sales.

(1)

The business of selling new or used mobile homes as a commercial operation in connection with the operation of a mobile home development is prohibited.

(2)

New or used mobile homes located on lots within the mobile home development to be used and occupied within the mobile home park may be sold by a licensed dealer or broker.

(3)

This section shall not prohibit the sale of a new or used mobile home by a resident of the mobile home development, provided that the development permits the sale.

(n)

Occupancy. No completed mobile home unit shall be occupied until a park license covering the occupied site has been issued by the state department of commerce.

(Ord. No. 458, § 471, 3-2-2015)

(a)

Radio, television, microwave towers and satellite signal receiving antennas greater than one meter (39.37 inches) in diameter shall follow the same regulations as set forth in section 44-114 for satellite signal receiving antennas.

(b)

In addition to the requirements of section 44-114 the site plan of the property shall show the location of overhead electrical transmission or distribution lines, whether utilized or not, and the location of the tower with its specific dimensions, the location of any guy wires or other support devices, and the location of all occupied dwelling units within 500 feet of the tower.

(c)

Any tower, or portion thereof, erected under this section shall be no closer to utility lines or property lines than the height of the tower.

(Ord. No. 458, § 472, 3-2-2015)

(a)

Request for a site plan approval. The owner of a tract of land which comprises five acres or more may submit to the planning commission and the village council a request for a site plan approval for a planned shopping center. Such request shall also be accompanied by the following evidence and supporting data, without which an application shall not be accepted by the planning commission and the village council:

(1)

A market analysis by a recognized, reputable market analyst setting forth conclusively economic justifications and needs for the establishment of a center of the type and size proposed by the applicant. This analysis shall be based upon, but not limited to, such factors as the trade area of the community and travel time from various parts thereof to the proposed center site; general development trends and anticipated population changes; economic trends and disposable income characteristics; expected sales volumes of the center as indicated by the demand for certain types of retail merchandise; existing or anticipated competing commercial facilities; and other data and analysis which relate to the need for and feasible success and stability of the proposed center. The purpose of this requirement is to protect the village from the overdevelopment of retail sales and service establishments which could prove highly injurious to the community welfare.

(2)

A traffic survey prepared by qualified experts indicating the effects of the proposed shopping center on adjacent streets and also indicating the anticipated points of origin, direction, and amount of traffic flow to and from the proposed center.

(3)

A list of proposed uses to be included in the proposed center, with the area of each to be devoted to retail space.

(4)

A statement of financial responsibility to ensure construction of the planned shopping center in accordance with the site plan and the requirements of this section.

(b)

Site development requirements. All permitted activities shall be conducted entirely within a wholly enclosed permanent building, except as noted in the following:

(1)

The parking of customers' and employees' automobiles.

(2)

The loading and unloading of commercial vehicles, which must take place directly into or out of a building.

(3)

Temporary exhibitions and special quasi-civic events, provided that they are conducted in spaces designated for such possible purposes on the final plans submitted with the application for a building permit, and provided further that they shall not be operated for a profit.

(4)

Recreational facilities, incidental to the center's principal operations of nature, normally conducted out-of-doors, provided that there shall be no admission charge.

(5)

Gasoline service stations, provided that they conform to the site development requirements of section 44-155.

(6)

Outdoor eating or other supplemental sales area provided that they are approved by the planning commission and the village council.

(c)

Parking areas and circulation. All automobile parking areas and interior circulation for motor vehicles shall be designed in accordance with the following requirements:

(1)

Any individual parking space in the center shall be accessible by clearly demarcated walks from the shopping area.

(2)

Automobile, pedestrian, and truck traffic shall be separated to the fullest possible extent.

(3)

Automobile circulation design shall provide for access to parking areas in such a way that there shall be no backing up to traffic into any external street under conditions of anticipated maximum center-destined traffic.

(4)

All areas accessible to vehicles or pedestrians shall be illuminated.

(d)

Access. Access to the shopping center shall be provided by at least one direct access from a major thoroughfare, as defined in this chapter. Further, the owners or developers of the center shall show, to the complete satisfaction of the village, that all access points to an external street or streets shall be fully capable of absorbing the maximum hourly traffic anticipated to be generated by the center without undue interference to other traffic on the street or streets.

(e)

Surface improvements. All areas accessible to vehicles shall be paved and maintained so as to provide a permanent, durable, and dustless surface and shall be so graded and provided with adequate drainage facilities that all collected surface water is effectively carried away from the site.

(f)

Structure location. No structure, with the exception of permitted signs, fences, walls and light standards, shall be located close to any property line of the center than a distance equal to twice its height.

(g)

Signs. All signs within the center shall conform to the provisions of section 44-230.

(h)

Lighting. All outdoor lighting shall be accomplished in accordance with the requirements of section 44-228.

(i)

Transition strips. All planned shopping center developments, when located in or adjacent to an agricultural district, residential district, or when adjacent to a school, hospital, or other public institution, shall include as an integral part of the site development a strip of land 200 feet or more in width on all sides of the site except on the side fronting on a major thoroughfare. No part of such land may be used for any shopping center functions, except that up to 100 feet of the strip width on the interior side may be used as part of the parking area. Except for the part that may be occupied by the parking space, the strip shall be occupied by plant materials or structural fences and walls, used separately or in combination.

(Ord. No. 458, § 473, 3-2-2015)

Editor's note— Ord. No. 2022-05, adopted June 20, 2023, repealed § 44-171, which pertained to inns within the central business district and derived from Ord. No. 458, § 474, March 2, 2015.

(a)

Purpose. It is the purpose of this section to regulate sexually oriented businesses and related activities to promote health, safety, morals, and general welfare of the citizens of the village, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the village. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(b)

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the village planning commission and the village council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C. 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc 535 U.S. 425 (2002); City of Erie v. Pap's A.M. 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Daytona Grand, Inc. v. City of Daytona Beach, 2007 LEXIS 15361 (11th Cir. 2007; and Deja vu of Nashville, Inc. v. Metropolitan Gov't of Nashville and Davidson County, 2006 WL 2882969 (6th Cir. 2006); Sensations, Inc. v. City of Grand Rapids, No. 1:06-cv-300, R.73, Opinion (W.D. Mich. Oct. 23, 2006); 729 Inc. v. Kenton County, 2006 WL 2842884 (E.D. Ky. 2006); Deja vu of Cincinnati, L.L. C. v. Union Township Bd. of Trustees, 411 F.3d 546 (5th Cir. 2006); City of Chicago v. Pooh Bah Enterprises, Inc 2006 WL 2827608 (III. 2006); Sensations, Inc. v. City of Grand Rapids, 2006 WL 2504388 (W.D. Mich. 2006); Andy's Restaurant & Lounge, Inc. v. City of Gary, 2006 WL 2873027 (7th Cir. 2006); 181 South, Inc. v. Fischere, 454 F.3d 228 (3rd Cir. 2006); Bronco's Entertainment, Ltd. v. Charter Twp. Of Van Buren, 421 F.3d 440 (6th Cir. 2005); Charter Twp. Of Van Buren v. Garter Belt, Inc 258 Mich. App. 594 (2003); Jott Inc. v. Clinton Twp 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 353 (1995); Z.J. Gifts D2, L.L. C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Kentucky Restaurant Concepts, Inc. v. City of Louisville, 209 F. Supp. 2d 672 (W.D. Ky. 2002); Restaurant Ventures v. Lexington-Fayette Urban County Gov't 60 S.W. 3d 572 (Ky. Ct. App. 2001); Deja vu of Nashville, Inc. et al. v. Metropolitan Government of Nashville and Davidson County, 274 F. 3d 377 (6th Cir. 2001); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. village of Somerset, 316 F.3d 702 (7th Cir. 2003); Ctr. For Fair Public Policy v. Maricopa County, 336 F. 3d 1153 (9th Cir. 2003); Bigg Wolf Discount Video Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Kentucky Restaurant Concepts, Inc. v. Metro Gov't Case No. 04-CI-01967 (Jefferson Circuit Court, Summary Judgment Order, Dec. 14, 2004); DLS Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Brandywyne, Inc. v. City of Richmond, 359 F.3d 830 (6th Cir. 2004); Currence v. City of Cincinnati, 28 Fed. Appx. 438 (6th Cir. Jan 24, 2002); Broadway Books v. Roberts, 642F. Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 830 F. Supp. 378 (E.D. Ky. 1993); Richland Bookmart v. Nichols, 137 F. 3d 435 (6th Cir. 1998); Bamon Corp. v. City of Dayton, 923 F. 2d 470 (6th Cir. 1991); Triplett Grille, Inc. v. City of Akron, 40 F. 3d 129 (6th Cir. 1994); O'Connor v. City and County of Denver, 894 F. 2d 1210 (10th Cir. 1990); Threesome Entertainment v. Strittmather, 4F. Supp. 2d 710 (N.D. Ohio 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); In re Tennessee Public Indecency Statute, 172 F.3d 873 (6th Cir. Jan. 13 1999) (table); and, based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas, 1986; Indianapolis, Indiana, 1984; Garden Grove, California, 1991; Houston, Texas, 1983, 1997; Phoenix, Arizona, 1979, 1995-98; Chattanooga, Tennessee, 1999-2003; Los Angeles, California, 1977; Whittier, California, 1978; Spokane, Washington, 2001; St. Cloud, Minnesota, 1994; Littleton, Colorado, 2004; Oklahoma City, Oklahoma, 1986; Dallas, Texas, 1997; Kennedale, Texas, 2005; Greensboro, North Carolina, 2003; Amarillo, Texas, 1977; New York, New York Times Square, 1994; and the Report of the attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota; the village council finds:

(1)

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.

(2)

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

(3)

Each of the foregoing negative secondary effects constitutes a harm which the village has a substantial government interest in preventing or abating. This substantial government interest in preventing secondary effects, which is the village's rationale for this section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the village's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the village. The village finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

(c)

Permit required.

(1)

It shall be unlawful for a person to operate a sexually oriented business without a special use permit approved by the planning commission and a valid sexually oriented business license issued by the village clerk in accordance with the requirements of this code. The fact that a person possesses other types of state or county permits or licenses does not exempt the person from the requirement of obtaining a special use permit and sexually oriented business license from the village.

(2)

An application for a special use permit shall be made on a form provided by the village and, notwithstanding the requirements established in this section, shall meet the requirements of section 44-272.

(3)

All applicants must be qualified according to the provisions of this section. The application may request and the applicant shall provide such information as to enable the village to determine whether the applicant meets the qualifications established in this section.

(4)

All applications shall include a statement that:

a.

The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and

b.

The applicant has read the provisions of this section.

(d)

Planning commission review and hearing.

(1)

Upon receipt of an application for a special use permit, the planning commission shall conduct a public hearing in accordance with the requirements of section 44-322.

(2)

The planning commission shall conduct the public hearing and take action on the proposed request to operate a sexually oriented business based on the standards contained in this article within 60 days from its first regularly scheduled meeting that takes place subsequent to the date upon which a completed application for a special use permit is submitted to the planning and zoning administrator. In the event the planning commission has not taken action on the request within the 60-day period provided herein, then such special use permit shall be deemed to have been approved.

(e)

Issuance or non-issuance of special use permit.

(1)

A special use permit under this section shall not be approved by the planning commission or issued by the planning and zoning administrator if, determined by a preponderance of the evidence, the applicant has failed to provide information reasonably necessary for the issuance of the permit or has falsely answered a question or request for information on the application form or required in this section.

(2)

The decision of the planning commission regarding issuance, denial or revocation of the permit application shall be served upon the applicant in writing within 14 days of the date of the decision.

(3)

Decisions of the planning commission to approve, deny, or approve with conditions a special use permit may be appealed to the county circuit court by filing written notice of the appeal within 21 days of the date of approval, denial or approval with conditions of the planning commission decision. Failure of the applicant to appeal the decision of the planning commission, in writing, within 21 days, shall eliminate and foreclose any and all legal rights the applicant may have to challenge the decision of the planning commission.

(f)

Location of sexually oriented businesses.

(1)

A sexually oriented business may not be operated within 1,000 feet of:

a.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

b.

A public or private educational facility including, but not limited to, nursery schools, preschools, special education schools, public or private elementary, intermediate, junior high, middle or high schools;

c.

A licensed child day care center;

d.

Another sexually oriented business;

e.

A public park except for the public park located within the industrial park; or

f.

An entertainment or food business which is oriented primarily towards children or family entertainment; or a premises, licensed pursuant to state alcoholic beverage control regulations except within the industrial park.

(2)

A sexually oriented business may not be operated within 500 feet of a boundary of any residentially zoned district or any residential structure within a commercial zoning district.

(3)

A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.

(4)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of those entities identified in this subsection.

(g)

Additional regulations for adult motels.

(1)

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours duration creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this section.

(2)

A person commits a civil infraction if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business permit, rents or sub-rents a sleeping room to two or more persons and, within ten hours from the time the room is rented, rents or sub-rents the same sleeping room again.

(3)

For the purposes of subsection (g)(2) of this section, the term "rent" or "sub-rent" means the act of permitting a room to be occupied for any form of consideration.

(h)

Additional regulations for nude model studios.

(1)

A nude model studio shall not employ any person under the age of 18 years.

(2)

A person under the age of 18 years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this section if the person under the age of 18 years was in a restroom not open to public view or visible to any other person.

(3)

A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

(4)

A violation of this section shall be grounds for criminal prosecution of both the underage person, and of any licensee, owner, operator, and employees who permitted the violation of the section by the underage person.

(5)

It is a defense to prosecution under this section, that a person appearing in a state of nudity did so in a modeling class operated:

a.

By a proprietary school, licensed by the state, a college, junior college, or university supported entirely or partly by taxation;

b.

By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation;

c.

By or in an art-related business:

1.

Which has no sign visible from the exterior of the structure or other advertising that indicates a nude or semi-nude person is available for viewing;

2.

When, in order to participate in a class, a student must enroll at least three days in advance of the class; and

3.

When no more than one nude or semi-nude model is on the premises at any one time.

(i)

Additional requirements for a sexually oriented business with live entertainment. Any sexually oriented business offering live entertainment shall further comply with all of the following:

(1)

A dressing area for performers must be provided with direct access to the performance area or stage, with direct access back from the performance area or stage to the dressing area, such that the performer may enter and leave the performance area or stage without entering the area from which patrons view the performance;

(2)

Access to the performance area, stage, and dressing room must be disability accessible to the extent required by law;

(3)

The performance area or stage must be elevated at least 18 inches above the area from which patrons will view the performance;

(4)

The dressing area for performers must be separate and not freely accessible from areas of the business accessible to patrons;

(5)

The performers' dressing area must have hot and cold running water and adequate toilet facilities;

(6)

An employee, owner, independent contractor, or performer of any type whose activities are characterized by the display of specified anatomical areas or specified sexual activities shall not engage in any physical contact with, or be within six feet of, patrons during performances; neither shall any such person receive tips or gratuities from patrons for performances;

(7)

It shall be a violation of this section for any employee who regularly appears semi-nude in a sexually oriented business to sit with or visit at the table of or counter seating a customer on the premises of a sexually oriented business within one hour of that employee appearing semi-nude;

(8)

A sign in form to be prescribed by the planning and zoning administrator and summarizing the provisions of subsections (i)(6) and (7) of this section, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.

(j)

Regulations pertaining to exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

(1)

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

a.

Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required, however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises;

b.

The application shall be sworn to be true and correct by the applicant;

c.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the planning and zoning administrator;

d.

It is the duty of the permittees and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises;

e.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station;

f.

It shall be the duty of the permittees and operators, and also that of the agents or employees present in the premises to ensure that the view area specified in subsection (j)(1)e of this section, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted;

g.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot candle as measured at the floor level;

h.

It shall be the duty of the permittees and operators, and also that of the agents or employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises;

i.

No permittees or operators shall allow openings of any kind to exist between viewing rooms or booths.

(2)

A person having a duty under subsections (j)(1)a through i of this section commits a civil infraction if he/she knowingly fails to fulfill that duty.

(k)

Sexually explicit performance prohibited.

(1)

No person shall dance, entertain, display or otherwise engage in any exhibition or performance in such a manner as to expose to the view of any person within a sexually oriented business, or in any other commercial establishment, any specified anatomical areas, or any device, costume or covering which gives the appearance of or simulates any specified anatomical areas.

(2)

No person shall engage in any specified sexual activities on the premises of a sexually oriented business.

(3)

It shall be unlawful for any person to knowingly promote the commission of any of the unlawful acts listed in in this subsection.

(l)

Exterior portions of sexually oriented businesses.

(1)

It shall be unlawful for permittees, operators or employees of a sexually oriented business to display or allow merchandise or activities within the establishment to be visible from any point outside of the establishment.

(2)

It shall be unlawful for permittees, operators or employees of a sexually oriented business display or allow the exterior portion of the establishment to have any words, lettering, photographs, silhouettes, drawings, graphics or other pictorial representations of a sexual or explicit manner except to the extent otherwise permitted by the provisions of this section.

(3)

Signage shall be in accordance with the requirements of section 44-230, except that only the name of the establishment shall be permitted on the sign. Photographs, silhouettes, drawings, graphics or other pictorial representations of a sexual or explicit nature are prohibited.

(4)

It shall be the duty of the operator of a sexually oriented business to:

a.

Post conspicuous signs approve by the village stating that no loitering is permitted on such property;

b.

Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 90 minutes or inspecting such property by use of video cameras and monitors; and

c.

Provide dark sky type lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.

(5)

It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(6)

No sexually oriented business shall erect a fence, wall, or other barrier that prevents any portion of the parking lots for the establishment from being visible from a public right-of-way.

(m)

Prohibition against children in a sexually oriented business.

(1)

It shall be unlawful for permittees, operators or employees of a sexually oriented business to knowingly allow a person under the age of 18 years to enter or be on the premises of the establishment.

(2)

It shall be the duty of the permittees or to operators of a sexually oriented business to ensure that an attendant is stationed at each public entrance to the establishment at all times during regular business hours. It shall be the duty of the attendant to not allow any person under the age of 18 years to enter the establishment. It shall be presumed that an attendant knew a person was under the age of 18 years unless such attendant asked for and was furnished:

a.

A valid operator's, commercial operator's or chauffeur's driver's license; or

b.

A valid government issued photo identification certificate reflecting that such person is 18 years of age or older.

(n)

Hours of operation. No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.

(o)

Notices.

(1)

Any notice required or permitted to be given by the village or any other agency under this section, to any owner, applicant, operator, permittee or any other entity having any interest in the sexually oriented business establishment, shall be by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit or in a transfer application that has been noticed to the village. Notices mailed as stated above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail Is returned by the postal service, the village shall cause it to be posted at the principal entrance to the establishment.

(2)

Any notice required or permitted to be given to the village by any person under this section shall not be deemed given until and unless it is received in the principal office of the village.

(3)

It shall be the duty of each owner, applicant, operator, permittee or any other entity having any interest in the sexually oriented business establishment to furnish notice to the planning and zoning administrator, in writing, any change of residence or mailing address.

(p)

Violation.

(1)

Any violation of any provision of this section or any permit, site plan approval, license or variance granted hereunder, or any lawfully order of the planning and zoning administrator, board of appeals, planning commission, village council, or their designated representative issued in pursuance of this section shall be a municipal civil infraction as provided in this Code. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this section and any omission or failure to act where the act is required by this section.

(2)

The sanction for any violation of this section which is a municipal civil infraction shall be a civil fine as provided in section 44-323, plus any costs, damages, expenses and other sanctions, as authorized under MCL 600.8701 et seq., and other applicable laws.

(3)

Abatement of sexually oriented businesses as a public nuisance. Nothing within this section shall preclude the state attorney general or any citizen of the county from maintaining an action to enjoin and abate a sexually oriented business as a nuisance.

(q)

Administrative liability. No officer, agent or employee of the village shall render himself or herself personally liable for any damages that may accrue to any person as a result of any act required or permitted in the discharge of his or her duties under or in the enforcement of this section.

(Ord. No. 458, § 475, 3-2-2015)

(a)

Generally. All such facilities for uses covered under this section shall be located on a major thoroughfare as defined in this chapter.

(b)

Evidence and supporting data. The following evidence and supporting data shall be provided for uses covered under this section:

(1)

A market analysis appropriate to the scale of the anticipated use prepared by a qualified person setting forth conclusively economic justification and need for the establishment of the use of the type and size proposed by the applicant. This analysis shall be based upon, but not limited to, such factors as the trade area of the community and travel time from various parts thereof to the proposed site; general development trends and anticipated population changes; economic trends and disposable income characteristics; expected sales volumes of the establishment as indicated by the demand for certain types of retail merchandise; existing or anticipated competing commercial facilities; and other data and analysis which relate to the need for and feasible success and stability of the proposed establishment.

(2)

A traffic survey appropriate to the scale of the anticipated use prepared by a qualified person indicating the effects of the proposed establishment on adjacent streets and also indicating the anticipated points of origin, direction, and amount of traffic flow to and from the proposed establishment.

(3)

A statement of financial responsibility to assure construction of the proposed development in accordance with the site plan and the requirements of this section.

(c)

Site development standards.

(1)

Requirements. Except as noted in section 44-274(b), all site plans submitted for approval to the planning commission shall meet the requirements of section 44-274(d) and the following:

a.

The parking of customers' and employees' automobiles;

b.

The loading and unloading of commercial vehicles, which must take place directly into or out of a building;

c.

Temporary events or other supplemental sales provided that they are conducted in spaces designated for such possible purposes on the approved site plan and that such temporary events and supplemental sales meet all other requirements of this chapter.

(2)

Parking areas and circulation. All off-street parking areas and interior circulation for motor vehicles shall be designed in accordance with section 44-231 and the following requirements:

a.

Motor vehicle and pedestrian traffic shall be separated to the fullest possible extent;

b.

Motor vehicle circulation design shall provide for access to parking areas in such a way that there shall be no backing up to traffic into any public road right-of-way;

c.

All areas accessible to vehicles or pedestrians shall be illuminated;

d.

The owner or developer shall show that all ingress/egress points to external streets shall be capable of absorbing the maximum hourly traffic anticipated to be generated by the proposed establishment without undue interference to other traffic on the streets;

e.

When possible, the amount of curb cuts and ingress/egress points shall be kept to a minimum and a link with adjacent parking lots or shared parking areas that will serve neighboring buildings shall be utilized;

f.

All areas accessible to vehicles shall be paved and maintained so as to provide a permanent, durable, and dustless surface and shall be so graded and provided with adequate stormwater drainage facilities that all collected surface water is effectively retained on-site or properly carried away from the site by storm sewer system designed and constructed in accordance with the village infrastructure standard specifications and details manual.

(3)

Structure location. Structures shall be located as near to the front yard minimum setback line as possible to promote off-street parking to be located in the rear of the site.

(4)

Signage. All signage shall conform to the provisions of section 44-230, with the following exceptions:

a.

Signs located on any building facade shall be compatible with the building's overall design. As an integral design element, signs shall be compatible with the style of the buildings in terms of location, scale, color and lettering;

b.

The locations for signs on a building's facade shall be planned for as part of the overall design;

c.

Signs located on facades should integrate similar or complimentary materials as the building.

(5)

Lighting. All outdoor lighting shall be in accordance with section 44-228 and shall be accomplished in such a manner that no illumination sources are visible outside the property boundary lines, are downcast and are shielded to promote dark sky standards.

(6)

Transition strips. All proposed development under this section, when located adjacent to a residential zoning district, shall include as an integral part of the site development a strip of land 20 feet or more in width on all sides of the site except on the side fronting on a major thoroughfare. Ten feet of the transition strip width on the interior side may be used as part of the parking area. Except for the part that may be occupied by the parking area, the transition strip shall contain only plantings, grass, landscape materials or fencing, used separately or in combination, sufficient to achieve adequate protection for the use and enjoyment of neighboring properties.

(Ord. No. 458, § 476, 3-2-2015)

(a)

All such facilities for uses covered under this section shall meet the requirements of section 44-173 and the requirements of this section.

(b)

Uses covered under this section shall be carried on in completely enclosed buildings except as noted below.

(c)

If alcoholic beverages are to be served, all state liquor control commission licensing regulations are to be met. Approval of a special use permit shall be conditioned upon receipt of a copy of the appropriate approved state alcohol sales license being provided to the village. Any outside area where alcoholic beverages are to be served shall be identified on the site plan and such outside area shall be defined through the use of fencing as agreed upon by the developer and the planning commission. In addition, no alcoholic beverages may leave the premises or be allowed beyond the outside area defined on the approved site plan.

(d)

Tables and chairs may not be placed on public sidewalks or within any public right-of-way.

(Ord. No. 458, § 477, 3-2-2015)