In the development and enactment of this article, it is recognized that there are some uses which, because of their nature, are recognized as having serious objectionable operational, particularly when several of them are concentrated into limited areas of the city, thereby having a deleterious effect upon the adjacent areas. Such concentration tends to detract from the aesthetics of the neighborhood; cause annoyance or disturbance to the citizens and residents who live, work in, or pass through the neighborhood; attract an undesirable quantity of transients; adversely affect property values; cause an increase in crime; and encourage residents and other businesses to move elsewhere. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. This control or regulation is for the purpose of preventing a concentration of these uses in any one area. Uses subject to these controls shall be permitted only upon approval of the planning commission. Uses subject to these controls, referred to as "permitted with approval uses," are as follows.

(Ord. No. 418, § II, 4-20-15)

For the purposes of this article, the following definitions of specific permitted with approval uses shall have the meanings respectively ascribed to them in this text, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade for sale, barter, or rental, books, magazines, other periodicals, films, posters, video tapes, or other materials or means for the recording or reproduction of a visual display on a video screen or other display device which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.

Adult mini motion picture theater means an enclosed building with a capacity for less than 50 person used for presenting for on-premises viewing, by use of motion picture devices or any coin-operated means, material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for observation by patrons therein.

Adult motel means a motel which presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for entertainment of its patrons.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting for on-premises viewing, by use of motion picture devices or any coin-operated means, material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for observation by patrons therein.

Adult personal service business means a business whose activities include a person, while nude or partially nude, providing personal services for another person on an individual basis in a closed room. It includes, but is not limited to, the following activities and services: modeling studios, photographic studios, wrestling studios, individual theatrical performances, body painting studios, and massage studios.

Cabaret means an establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

Check cashing/personal loan establishment means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check cashing/personal loan establishment" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check cashing/personal loan establishment" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a minimum flat fee not exceeding $2.00 as a service that is incidental to its main purpose or business.

Fortune telling and similar uses shall mean and include telling fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

Gaming establishment means an establishment where patrons wager money on the outcome of a game, including but not limited to a card game or a slot machine.

Hookah lounge means an establishment where patrons partake in the use of flavored tobacco and/or cigars, packaged tobacco, e-cigarettes, from a hookah, similar type water pipe, and/or smoking device, while seated at a table or bar.

Massage parlor or massage establishment means a place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following: a duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physician's directions; or, registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician's direction. A massage establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. Massage establishments, as defined herein, shall not include properly-licensed hospitals, medical clinics, or nursing homes, or beauty salons or barber shops in which massages are administered by certified massage therapists.

Partially nude means a person having any or all of the following body parts exposed: buttocks, genitals, pubic area or female breasts.

Pawn shop/pawn broker means any business that loans money on the security of pledges of personal property, or deposits or conditionally sells personal property, or purchases or sells personal property.

Permitted with approval use means any or all of the following uses: adult bookstores, adult mini motion picture theaters, adult motion picture theaters, adult motels, adult personal service businesses, adult supply stores, cabarets, check cashing/personal loan establishments, fortune telling/palm reading and similar uses, gaming establishments (including non-profit bingo, poker), hookah lounges, massage parlors, pawn shops/pawn brokers or collateral loan or exchange establishments, pool or billiard halls, smoke shops, e-cigarette shops, cigar lounges, e-cigarette lounges, and tattoo/body piercing parlors.

Pool/billiard hall means a building or portion thereof having within its premises three or more pool tables or billiard tables, or combination thereof, regardless of size, and whether activated manually or by the insertion of a coin, token, or other mechanical device.

Smoke/e-cigarette shop means a retail establishment where 50 percent or more of the retail area, defined as wall to wall, is used for the display, promotion, sale or use of products listed below; or an establishment where the sale of products listed below constitutes greater than 50 percent of the establishment's merchandise:

(1)

Cigarettes, e-cigarettes, cigars and packaged tobacco;

(2)

Tobacco smoking and e-cigarette paraphernalia products including, but not limited to: pipes for smoking tobacco, cigarette holders and cigarette rolling papers; and

(3)

Promotional merchandise including, but not limited to the following; posters, shirts, jackets, and hats advertising tobacco and e-cigarette products.

Specified anatomical areas means:

(1)

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

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation;

(2)

Acts of human masturbation, sexual intercourse, or sodomy; and

(3)

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

Tattoo/body piercing parlor means any business having as its principal activity:

(1)

The application or placing, by any method permanent or semi-permanent, designs, letters, scrolls, figures, symbols, or any other marks upon or under the human skin within or any substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin; or

(2)

Providing external body modifications through the application of a tattoo, body-piercing, or branding.

(Ord. No. 419, § II, 4-20-15)

Uses subject to the controls contained herein shall be referred to as permitted with approval uses. These uses shall include the following:

(1)

Adult bookstore;

(2)

Adult mini motion picture theater;

(3)

Adult motel;

(4)

Adult motion picture theater;

(5)

Adult personal service business;

(6)

Adult supply store;

(7)

Cabaret;

(8)

Check cashing/personal loan establishment;

(9)

Fortune telling/palm reading and similar uses;

(10)

Gaming establishments (including non-profit-bingo, poker);

(11)

Hookah lounge;

(12)

Massage parlor;

(13)

Pawn shop/pawn broker or collateral loan or exchange establishments;

(14)

Pool or billiard hall;

(15)

Smoke shop, e-cigarette shop, cigar lounge, e-cigarette lounge; and

(16)

Tattoo/body piercing parlor.

(Ord. No. 419, § II, 4-20-15)

It shall be unlawful to establish any permitted with approval use except as hereinafter provided:

(1)

Planning commission approval.

a.

Any person owning or having an interest in the subject property may file an application for a license to use such property for one or more permitted with approval uses provided for in this article. Such application shall be filed with the planning commission.

The application for a license shall be upon a form provided by the city clerk. An applicant for a license, which shall include all partners or limited partners of a partnership applicant, and all officers and directors of a corporate applicant and all stockholders including more than five percent of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:

i.

Name and address, including all aliases.

ii.

Written proof that the individual is at least 18 years of age.

iii.

All residential addresses of the applicant for the past three years.

iv.

The applicant's height, weight, color of eyes and hair.

v.

The business, occupation or employment of the applicant for five years immediately preceding the date of application.

vi.

Whether the applicant previously operated in this or any other county, city, or state under an establishment license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.

vii.

All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.

viii.

Fingerprints and two portrait photographs at least two inches by two inches of the applicant.

ix.

The address of the establishment to be operated by the applicant.

x.

If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than five percent of the stock in said corporation and all officers and directors of the corporation.

b.

Any applicant for a permitted with approval use must fully comply with section 90-283 of the Grosse Pointe Code requiring site plan review, and with all other applicable provisions of the Code and this article.

c.

Upon receiving an application for a permitted with approval use, the planning commission shall conduct necessary field inspections, surveys and investigations; prepare maps, charts or other pictorial materials; hold necessary hearings; and otherwise process said application.

d.

The planning commission shall give due notice of receipt of the application for permitted with approval use in such manner as is prescribed by the provisions of Act No. 110 of the Public Acts of 2006, as amended.

e.

Subsequent to the deadline for response to the notice of application, a decision shall be made by the planning commission to either approve, approve with conditions, or deny the application in accordance with the standards set forth in subsection (2) of this section.

f.

Upon approval or approval with conditions of the application by the planning commission, a license shall be granted for the permitted with approval use. Said license shall be a nontransferable license for the life of the use, and shall be issued upon payment by the applicant of a license fee to be determined by resolution of the city council.

(2)

Approval standards.

a.

No permitted with approval use shall be established in any zoning district other than a C-1 zoning district.

b.

No Permitted with approval use shall be established within 1,000 feet of any other permitted with approval use. Measurement shall be made from front door to front door along the street line.

c.

No permitted with approval use shall be established within 1,000 feet of a pre-existing school or place of worship, whether or not that school or place of worship is located in the City of Grosse Pointe. Measurement shall be made from the front door of the proposed permitted with approval use to any door of the preexisting school or place of worship along the street line.

d.

No permitted with approval use shall be approved by the planning commission unless all of the following findings are made:

i.

That the establishment, maintenance, location and operation of the permitted with approval use will not be detrimental to or endanger the public heath, safety, morals, comfort or general welfare;

ii.

That the permitted with approval use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted nor substantially diminish or impair property values within the neighborhood;

iii.

That the establishment of the permitted with approval use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that district;

iv.

That the permitted with approval use will not be conducted in any manner that permits the observation of any materials depicting or describing "specified sexual activities" or "specified anatomical areas," from any public way or from any other property. This provision shall apply to any display, decoration, sign show window, or other opening;

v.

That adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided;

vi.

That adequate measures have been or will be taken to provide ingress and egress designed so as to minimize traffic congestion in the public streets; and

vii.

That the permitted with approval use will in all other aspects conform to the applicable requirements of the zoning district in which it is located.

e.

Prior to granting any permitted with approval use, the planning commission may modify any existing requirements or may impose any additional conditions or limitations upon the establishment, location, construction, maintenance or operation of the permitted with approval use as may in its judgment be necessary for the protection of the public interest and to secure compliance with the standards specified above. The planning commission may require such evidence and guarantees as it deems necessary as proof that the conditions stipulated in connection therewith are being, and will be, fulfilled.

f.

In any case where a permitted with approval use has not been established within six months after the granting of a license therefore, then without further action by the planning commission, the permitted with approval use license shall be null and void.

(3)

Revocation of license. The planning commission shall revoke a license or permit for any of the following reasons:

a.

Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.

b.

The operator or any employee of the operator, violates any provision of this article or any rule or regulation adopted by the council pursuant to this article; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the planning commission shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

c.

The operator becomes ineligible to obtain a license or permit or the operator is convicted of any felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature.

d.

Any cost or fee required to be paid under the City Code or council resolution is not paid.

e.

Any intoxicating liquor or cereal malt beverage is served or consumed on the premises.

(4)

Transfer of license. The transfer of a license or any interest in a license shall automatically and immediately revoke the license.

(5)

Eligibility of license. Any operator whose license is revoked shall not be liable to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as permitted with approval establishment for six months from the date of revocation of the license.

(Ord. No. 419, § II, 4-20-15)

An appeal may be taken to the circuit court from any decision of the planning commission on an application for a permitted with approval use.

No application for a permitted with approval use which has been denied wholly or in part by the planning commission shall be resubmitted for a period of one year from the date of said order or denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the planning commission.

(Ord. No. 419, § II, 4-20-15)