Since the uses included in this article possess unique characteristics making it impractical to include them in a specific use district without further qualification, they shall be permitted only upon approval by the planning commission as a special land use pursuant to the applicable requirements and standards of this chapter, including those requirements and conditions assigned to each use as set forth in this article. All requirements and procedures of the special land use approval process shall be complied with prior to any action by the planning commission. These uses require special consideration since they may serve an area larger than the township, require sizeable land areas, or create unusual problems of control and/or safety affecting the surrounding area.

(Code 2004, § 54-1421; Zoning Ord. 1999, § 2309)

Because outdoor theaters possess the unique characteristics of being used only after dark and since they develop a concentration of vehicular traffic in connection with ingress and egress from their parking area, they shall be permitted only in I-1 light industrial districts, subject to the following conditions:

(1)

The proposed internal site design of the facility shall meet township standards relative to adequacy of drainage, lighting and other technical aspects.

(2)

Outdoor theaters shall abut directly on a major thoroughfare having not less than 120 feet of right-of-way or greater, as indicated on the township master plan map.

(3)

Points of ingress and egress shall be available to the outdoor theater only from abutting major thoroughfares and shall not be available from any residential street. All standards of the township and other affected governmental agencies relative to driveways, acceleration and deceleration lanes, and related items shall be met.

(4)

Adequate off-street vehicle stacking space shall be provided for vehicles waiting to enter the facility. Vehicles shall not be permitted to wait or stand within a public right-of-way.

(5)

The facility shall be laid out so that the movie screen cannot be viewed from any abutting major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.

(Code 2004, § 54-1422; Zoning Ord. 1999, § 2309(1))

(a)

Identification; approval and authorization.

(1)

Non-essential wireless telecommunication antenna arrays and, where permitted, related support structures are special uses and are subject to the requirements of this section.

(2)

Non-essential wireless telecommunication antenna arrays and, when permitted, their support structures shall require approval by the township as set forth in this section.

(3)

The township shall authorize the establishment of a telecommunications antenna array and, as permitted in this section, a support structure only when such facility is fully in compliance with the applicable requirements and guidelines of this section and only in a manner which will preserve the integrity, character, property values and aesthetic quality of the site, the area around it and the community at large.

(b)

Intent. Recognizing the increasing number of providers authorized to establish and operate wireless telecommunication services within a defined service area, it is further the intent and purpose of this section to:

(1)

Facilitate adequate and efficient provision of sites for wireless telecommunication facilities;

(2)

Establish predetermined locations for the placement of wireless telecommunication antenna arrays and, when permitted, the erection of support structures in accordance with the applicable requirements of this section;

(3)

Ensure that wireless telecommunication facilities are appropriately located so as to minimize any adverse impact they may have on other land uses on the site or on surrounding properties;

(4)

Promote the public health, safety and general welfare of the community;

(5)

Provide for adequate information about plans for the location of wireless telecommunication facilities in the township, so that the township may determine the proper location and development of telecommunication facilities in accordance with the location guidelines and applicable site requirements of this section;

(6)

Minimize the adverse impact of technological obsolescence of such facilities, including requirements to remove and restore sites where such facilities are no longer in use, or which have become unnecessary, in a timely manner; and

(7)

Minimize the negative visual impact of wireless telecommunication facilities on residential areas; office, commercial and industrial sites; public and quasi-public sites; community landmarks, including historic sites; natural beauty areas; and in public rights-of-way.

(c)

Existing facilities. Achieving the end specified in subsection (b) of this section contemplates the establishment of as few tower type support structures as reasonably feasible, instead relying on the use of existing support structures and other existing structures in the community or in adjoining communities that could meet the applicant's service area needs.

(d)

Adverse impact. The township board believes that the presence of numerous wireless telecommunication support structures located in residential areas could diminish the attractiveness of the community, thereby destroying its character, which in turn could have an adverse impact upon property values. Therefore, the township board believes it is necessary to minimize the adverse impact on the community that the presence of numerous relatively tall wireless telecommunication support structures, with their characteristically low architectural and aesthetic appeal, could have on the township, while at the same time recognizing that the absence of any regulation would likely result in a material impediment to the maintenance and promotion of property values, and further recognizing that this growing service is promoting economic gain and aiding the health, safety and general welfare of the community.

(e)

Location by order of priority. A wireless telecommunications antenna array may be permitted in one of the following locations by order of priority, subject to review and approval of the site and of a site plan by the planning commission:

(1)

On a wireless telecommunication support structure already existing on property located between Dixie Highway and I-75;

(2)

When the planning commission is satisfied that no colocation possibility exists, then the antenna array may be located on a structure already existing on property located between Dixie Highway and I-75;

(3)

When the planning commission is satisfied that no existing structure may be used, then the antenna array may be located on a new wireless telecommunications support structure located on property between Dixie Highway and I-75 that is zoned RC, TR, I-1, I-2 or E-1; or

(4)

In those instances where an applicant can show that locating a wireless telecommunications antenna array in any of the priority locations set forth in subsections (e)(1) through (3) of this section cannot be achieved, and when the planning commission is satisfied that a location elsewhere in the township east of Dixie Highway is essential to the successful operation of a wireless telecommunication system, the planning commission may permit the establishment of a wireless telecommunications antenna array in the following locations, by priority:

a.

On an existing wireless telecommunications support structure on property located east of Dixie Highway;

b.

When the planning commission is satisfied that no colocation possibility exists, then the antenna array may be located on or within an existing structure located on property east of Dixie Highway;

c.

When the planning commission is satisfied that no existing structure may be used, then the antenna array may be located on a new wireless telecommunications support structure located on land east of Dixie Highway that is public property owned by the township;

d.

When the planning commission is satisfied that no possibility exists to locate the facility on township property, then the facility may be located on publicly or quasi-publicly owned land east of Dixie Highway that is zoned RC; or

e.

When the planning commission is satisfied that no possibility exists to locate the facility on publicly or quasi-publicly owned land that is zoned RC, then the facility may be located on privately owned property east of Dixie Highway that is zoned B-2, I-1, I-2 or E-1.

(f)

Required conditions. The following standards shall apply to all applications to locate a wireless telecommunications antenna array or, when permitted, an antenna support structure in the township:

(1)

Each site location outlined in subsection (e) of this section shall apply in order of priority, subsection (e)(1) of this section being the highest priority site and subsection (e)(4)e of this section being the lowest priority site location.

(2)

Before an applicant may locate on a site of lower priority than the site priority in subsection (e)(1) of this section, the applicant shall prepare and submit sufficient information to clearly show why the applicant must locate at a lower priority site. For each location of lower priority than any higher priority location, sufficient explanation shall be provided as to why none of the higher priority locations can be used by the applicant. This information shall take into consideration any existing structure located beyond the township limits that could serve the applicant's needs.

(3)

For sites involving the priority locations in subsection (e)(3) of this section and subsections (e)(4)d and e of this section, a site plan shall be submitted to the township for review and approval by the planning commission at a duly advertised public hearing. The site plan shall be drawn to scale and shall include all applicable information set forth in section 54-951 et seq., pertaining to site plan review, and in the township site plan review procedures manual.

(4)

For sites involving priority locations in subsections (e)(1) and (2) and (e)(4)b and c of this section, a site plan will not be required unless ground equipment cabinets and related accessories will be visible from a public road, from existing development on the property where the site is located, or from existing development on property next to the site. In such instances, the compound or area containing the equipment shall be screened in accordance with the screening requirements of subsection (f)(11) of this section and shall be subject to review and approval by the planning commission as an agenda item not requiring a public hearing.

(5)

Any wireless telecommunications support structure, constructed after September 13, 1999, as approved by the planning commission the for priority location in subsections (e)(3) and (e)(4)d and e of this section, shall be a monopole structure only, shall not exceed 199 feet in height, and shall provide colocation capability for not less than, nor more than, three separate antenna arrays. The support structure shall not require any guy wire support and shall be lighted only when required to meet applicable Federal Aviation Association (FAA) guidelines. If the support structure and/or its antenna array is painted, it shall be painted in light blue or gray tones.

(6)

Access shall be provided to any antenna array for service. When the array is located on a site in the interior of a property, which does not have any other means of access, access shall be provided by a gravel lane to the antenna support structure and the equipment cabinets, and adequate gravel area shall be provided within the fenced compound for a service vehicle to be parked and thereafter turned around before exiting the compound.

(7)

Unless the antenna array and its ancillary equipment cabinets will be housed within a building, all such cabinets and related equipment shall be located within a fenced compound and, if required as set forth in subsection (e)(4)b of this section, the compound shall be screened in accordance with the screening requirements of subsection (f)(11) of this section.

(8)

When a new telecommunications support structure shall be permitted to be erected as outlined in the priority locations in subsections (e)(3) and (e)(4)d and e of this section, the support structure shall observe the minimum building setback requirements of the district it is located in, measured from the edge of the fenced compound to the property lines; except, when the support structure is located on property occupied by a residential dwelling, or is located in a site on property next to property containing a residential dwelling, the support structure, but only the support structure, shall be separated from the residential dwelling by a distance equal to the full height of the support structure. This distance shall be measured from the outer face of the support structure nearest the residential dwelling to the nearest wall of the residential dwelling. When the support structure will be located on property occupied by a nonresidential use in a nonresidential building, the support structure shall set back not less than ten feet from the nonresidential building, unless a greater setback is required by other applicable local, state or federal codes.

(9)

An applicant shall submit written assurances that the owner or operator of any telecommunications system permitted in this section shall at all times conduct operations of the system in full compliance with all applicable Federal Communications Commission (FCC) permits and conditions, including preventing any objectionable levels of interference.

(10)

An applicant shall submit written assurances that the owner or operator of any telecommunications system permitted in this section shall at all times conduct operations of the system in full compliance with all current state or federal regulations pertaining to non-ionizing electromagnetic radiation; and the owner or operator further agrees in writing that if more restrictive state or federal regulations are adopted during the operating life of the facility, the applicant or owner shall commence efforts to bring the facility into compliance with the new standards within 60 days of the adoption of any such standards, and the owner or operator agrees that he will bear the costs of testing and verification of compliance with such standards.

(11)

When screening shall be required as set forth in subsection (f)(4) of this section a planting screen consisting of a single row of narrow evergreen trees shall be placed not more than three feet on-center around the fenced compound. The evergreen trees shall be not less than five feet in height at the time of planting and shall be maintained in a living, growing condition, neat and orderly in appearance.

(g)

Surety. Sufficient surety acceptable to the township shall be provided by the applicant to adequately cover the cost of removing the facility, along with any accessory equipment, including fencing, and restoring the site when its usefulness as a wireless telecommunications facility is concluded. Estimates for removing the entire facility and carrying out site restoration shall be prepared and submitted to the township by the applicant for review and acceptance by the township.

(h)

Permit. A special use permit shall be issued by the township for an approved wireless telecommunications antenna array and, where permitted, for a support structure and related equipment cabinets, but only after review and approval of an application, in the manner set forth in this section, has been approved by the planning commission or, when applicable, by the township.

(i)

Colocation sharing.

(1)

The policy of the township towards wireless telecommunication facilities is for colocation; therefore, the entity who owns a wireless telecommunication support structure shall not fail or refuse to alter their structure so as to accommodate other antenna arrays on the support structure, particularly when such alteration would permit the support structure to remain within the structural guidelines of this section.

(2)

Failure or refusal of the owner of a wireless telecommunications facility to alter his structure to accommodate colocation, to the maximum extent permitted in this section, shall be deemed to be in direct violation and contradiction of the township's colocation first policy. Consequently, the owner shall be regarded by the township as having taken full responsibility for the violation and contradiction and shall be prohibited by the township from receiving any additional approval for the location of any more of his antenna arrays or related support structures in the township for a period of not less than seven years, commencing on the date of failure or refusal to permit colocation on his support structure. Such an entity may seek a variance and obtain relief from the township board of zoning appeals, provided the owner can clearly demonstrate entitlement to a variance. To that extent, the owner must demonstrate to the board of zoning appeals that enforcement of the seven-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless telecommunication services, or that such enforcement would have the effect of prohibiting the provision of any personal wireless telecommunication services in the township.

(Code 2004, § 54-1423; Zoning Ord. 1999, § 2309(2))

Essential service commercial and public communication towers, subject to the requirements of section 54-1294, pertaining to essential services, are a special land use.

(Code 2004, § 54-1424; Zoning Ord. 1999, § 2309(3))

Overnight camping facilities for tents, campers and travel trailers may be allowed in the B-2 district only, provided the following conditions are met:

(1)

There will be no permanent storage of tents, campers, travel trailers, or mobile home units designed for permanent residency.

(2)

Sanitary facilities must meet the minimum requirements of the county health department and any other responsible health agency.

(3)

Any commercial facilities in the development must meet the requirements of section 54-506.

(4)

A detailed site plan must be submitted for any overnight camping facility request.

(Code 2004, § 54-1425; Zoning Ord. 1999, § 2309(4))

Commercial airports, including runways, landing platforms, taxiways, terminals, hangars, communication facilities, beacons, service facilities and similar uses ancillary to the operation of a commercial airport, may be permitted in the I-1 and I-2 districts; provided all such uses shall be at least 500 feet from a residential district and, provided further, that all applicable state and federal codes pertaining to the location, development and operation of a commercial airport shall be fully complied with.

(Code 2004, § 54-1426; Zoning Ord. 1999, § 2309(5))

Privately owned and operated airports may be permitted in the RE/F, I-1 and I-2 districts, provided the following conditions are ascribed to:

(1)

No such facility shall be located on land incapable of containing one runway of at least 250 feet in width and 2,000 feet in length; except, upon receipt of documented verification by the FAA that a runway of lesser width and length may safely accommodate the type of aircraft that will use the airstrip, the minimum runway width and length requirements set forth in this subsection may be so varied by the township's board of zoning appeals.

(2)

No such facility shall be located closer than 350 feet to an existing permitted dwelling or any residential district.

(3)

No such facility shall contain fuel storage capability or equipment to dispense fuel.

(4)

All exterior lighting shall be located so as not to shine on adjacent property.

(5)

One hangar structure shall be permitted in which a privately owned aircraft may be stored and within which light mechanical service may be performed on that aircraft.

(6)

Because of the potentially hazardous impact such uses can have on adjacent land use, the following additional conditions shall apply:

a.

All applicable state and federal codes shall be met and all plans shall have been reviewed and approved by the appropriate state and/or federal agencies prior to recommendation of such plans by the township planning commission and recommendations made to the board of zoning appeals.

b.

Private airports, the plans of which shall have been approved by the appropriate state and/or federal agencies, shall thereafter be reviewed by the planning commission and recommendations made to the board of zoning appeals.

c.

The township board of zoning appeals, upon review of all plans and the recommendations of the planning commission, may grant temporary approval to establish a private airport for a period not to exceed one year in developed or developing areas and two years in undeveloped areas.

(Code 2004, § 54-1427; Zoning Ord. 1999, § 2309(6); Ord. No. 143, § 403, 3-9-2004)

(a)

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Facilities. For the purposes of accommodating helicopters, the term "facilities" is defined as the following:

(1)

Helipad means an area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up and discharging passengers or cargo, but not including fuel service, maintenance or overhaul.

(2)

Heliport means an area used by helicopters or by other steep-gradient aircraft which includes passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, tie-down space, hangars and other accessory buildings and open spaces customarily associated with such facilities.

(3)

Helistop means an area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up or discharging passengers or cargo, including tie-down space and a hangar in which light mechanical service may be performed on the aircraft, but not including fuel service.

(b)

Facilities for the accommodation of helicopters are special land uses and are considered separately under this section.

(c)

These facilities shall be subject to the review procedures and applicable criteria for airports, and the following:

(1)

Heliports shall be permitted in the I-1 and I-2 industrial districts only. Helistops shall be permitted in all districts except the R residential districts. Helipads may be established in any zoning district.

(2)

When reviewing an application for a heliport, helistop or helipad, the township shall require contemporary standards recommended by the appropriate federal and state agencies for the proper operation of such facilities.

(3)

Particular attention shall be given to the following:

a.

Adequate provision is made to control access to the facility.

b.

The surface of the facility is such that dust, dirt or other matter will not be blown onto adjacent property by helicopter operations.

c.

All applicable provisions of building, fire and health codes are met, including special provisions applicable in the case of rooftop heliports.

d.

Appropriate provision is made for off-street parking.

(4)

If approved, the application for use shall be granted on a temporary basis for any helipad proposed in a residential district. All such approvals shall be granted by the planning commission in accordance with the guidelines set forth in this section and in section 54-956, including review and recommendation from the planning commission.

(Code 2004, § 54-1428; Zoning Ord. 1999, § 2309(7))

A seasonal outdoor festival ("festival") may be permitted, provided all the conditions set forth in this section are met and, provided further, that the applicant shall submit, in conjunction with this application, a companion application for an outdoor gathering license, as set forth and regulated in section 26-84 et seq. If the festival overlaps a community with a common border to the township, the applicant may submit, in lieu of an application for an outdoor gathering license as required in this section, an approved license application from the adjacent community covering similar public health, safety and welfare issues for consideration by the township in connection with this application.

(1)

A festival and related parking may be permitted in any multiple-family residential district and in any nonresidential district, there being no such use permitted in any one-family residential district; except, a festival conducted solely by and for the benefit of a public or quasi-public use, such as a municipality, church, school or fraternal organization, may be permitted in any zoning district on the site of the use, provided all conditions set forth in this section for such festivals are met. Parking shall also comply with the special event off-street parking regulations in section 26-143 et seq. If there is a conflict between this section and the special event off-street parking regulations, the more stringent shall apply.

(2)

Application for establishment of a festival on land that is not owned by the applicant shall require submittal of a notarized, signed statement by the owner of the property on which the festival is to be held, acknowledging the use of the owner's land for such purposes and approving such use.

(3)

Application for approval of a festival, related parking, and for granting an outdoor gathering license shall be submitted to the township planning commission for review and recommendation to the township board. The township planning commission shall review both applications at a public hearing, as set forth in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(4)

No such festival shall be conducted for a period exceeding ten consecutive days or more than a total of 12 consecutive weekends in one year. Festivals permitted in this section shall limit their hours of operation to a weekday time period of 7:30 a.m. to 7:30 p.m. and on weekends and holidays from 7:30 a.m. to 10:30 p.m.

(5)

All access to and from the site shall be from a major or secondary thoroughfare, as designated on the township master plan.

(6)

There shall be no on-street festival parking allowed.

(7)

Adequate area shall be provided on-site for off-street parking at a ratio of one parking space for each three persons anticipated to attend the festival. Anticipated attendance shall be based on the preceding year's attendance records and shall include any percent increase experienced from one year to the next. The attendance records shall be regularly and/or annually maintained and shall be subject to professional audit.

(8)

An area equal to 300 square feet of parking area shall be provided for each motor vehicle, defined as cars, trucks, SUV's, motorcycles, trailers/carriers, motor homes and camping or recreational vehicles, or other similar form of personal transportation. An area equal to ten percent of the total number of required parking spaces shall be provided within the designated parking area for the parking of larger recreational vehicles and buses.

(9)

Within all off-street parking areas, all vehicles shall be parked in orderly rows and each row shall be provided with open and unobstructed access to vehicle maneuvering lanes. All vehicle maneuvering lanes and service drives shall remain open and unobstructed so that access to any parking space may be gained by emergency vehicles.

(10)

Vehicular and pedestrian traffic to and from festival parking areas accommodating in excess of 1,000 vehicles at any one time, by specific count and/or on average, at any and all such times as the festival is open to the public shall be directed by parking control personnel. The following additional requirements shall apply:

a.

There shall be a minimum of five parking control personnel within and working the festival parking area for every one county deputy sheriff, or the law enforcement equivalent thereof, required under this section for traffic control.

1.

All such personnel shall be professionals or professionally trained;

2.

All such personnel shall be equipped with highly visible uniformed clothing;

3.

All such personnel shall be equipped with two-way radios or other similar personal communication devices; and

4.

If the authorized maximum number of motor vehicles for the applicant's parking facility has been reached at any time during the festival's daily operation, the traffic control personnel shall be instructed to immediately place a "LOT FULL" sign at each and every point of ingress and egress to the festival parking facilities. No further motor vehicles shall be permitted access to the festival parking unless and until an equal amount of motor vehicles have left the festival parking, releasing open parking spaces.

b.

There shall be a minimum of one county deputy sheriff, or the law enforcement equivalent thereof, present and actively engaged in traffic control in and around the entire festival parking area, and all surrounding roads, streets, and/or public thoroughfares into and out of the festival parking area, for each 1,000 vehicles parked on-site at any one time.

(11)

There shall be adequate signage directing traffic to and from the festival, both at the location of the parking and also at all such other locations in the vicinity as may be requested by township, county and/or state officials.

(12)

There shall be no festival parking permitted on any off-site public or private locations, unless the applicant has obtained site plan approval and/or has otherwise complied with section 26-143 et seq., pertaining to the licensing of special events parking.

(13)

Any application for off-site parking for the festival shall also be submitted to the township board for prior approval. The township board shall impose such conditions, restrictions and requirements deemed necessary to promote the public health, safety and welfare.

(14)

Any and all pedestrian pathways to or from the festival parking area shall be clearly marked and segregated from vehicular traffic. All such pedestrian pathways shall be regularly groomed and shall be wheelchair- and stroller-accessible at all times.

(15)

For any festival parking accommodating in excess of 1,000 vehicles at any one time, the applicant shall provide, maintain and operate an on-site watering truck to regularly suppress dust and maintain landscaping.

(16)

For any festival parking accommodating in excess of 1,000 vehicles at any one time, the applicant shall obtain and provide annual parking permit tags for the vehicles of neighboring residents within 300 feet of the festival.

(17)

There shall be one trash receptacle located within the festival parking area for and/or at every row of vehicle parking spaces.

(18)

There shall be a sufficient number of "port-a-potties" or similar portable restroom facilities, including, but not limited to, handicapped facilities, located within the festival parking area. All such facilities shall be maintained in a healthy, clean and sanitary condition.

(19)

There shall be a landscape evaluation as part of the permit process to determine whether screening of the festival parking facilities is advisable. The applicant may be required to post a bond for tree planting.

(20)

Noise generated by a festival and related parking shall not exceed a sound pressure level of 75 dB-C measured at the property line.

(21)

No festival activities other than off-street parking, shall be permitted within:

a.

Fifty feet of any property line;

b.

Two hundred and fifty feet from any residential dwelling; and

c.

Seventy-five feet of a major thoroughfare as designated on the township master plan map.

No parking space shall be permitted within 100 feet of any residential dwelling and all such parking shall be screened by a live planting screen which shall be maintained in a living, growing condition and which shall be placed between the parking space and the residential dwelling. Parking may be permitted to the property line in all other instances except, when parking attendants are not on duty, a 25-foot setback shall be maintained from all property lines for vehicle circulation.

(22)

If overnight camping facilities are to be made available, their location shall be shown on the site plan, including roadway access. All such campgrounds shall meet applicable state, county, and/or local regulatory standards.

(23)

Before recommending to the township board that a request for an outdoor gathering license be granted, the planning commission shall find that all requirements and conditions of this section, and of section 26-84 et seq., are met. Any approval or issuance of an outdoor gathering license or permit by the township board shall be done in accordance with the following schedule:

a.

The initial (first) license shall be granted for one year, commencing on the date the license is issued and terminating on the same date one year later.

b.

The second and third licenses shall be issued in the same manner and shall require the same review procedure as the initial license. Each license shall be effective for a period of one year, commencing on the date the license is issued and terminating on the same date one year later.

c.

The fourth license may be issued for up to three years, commencing on the date the license is issued and terminating on the same date three years later, unless:

1.

Written complaints concerning operations or activities of the preceding festival are received in the following year.

2.

Concerns with the operations or activities of the preceding festival are raised by the township board in the following year.

3.

Revisions or changes are proposed to previously approved festival access points, the number of off-street parking spaces, the location of parking areas, or festival activity areas.

d.

Subsequent to issuance of the fourth license, the township board may thereafter require reapplication and issuance of future licenses on an annual basis. In making this decision, the township board shall consider the extent and severity of complaints received and the overall performance record of the management of the facility.

(24)

Application for subsequent approvals of an annual outdoor gathering license shall be submitted to the township clerk at least 90 days prior to the expiration date posted on the current approved application and license.

(25)

The applicant shall provide all required insurance endorsements to the township, including, but not limited to, a general liability and casualty rider in limits of as currently established or as hereafter adopted by resolution of the township board from time to time, naming the township an additional named insured.

(26)

A site plan of the area to be used for an outdoor festival shall be submitted for review and recommendation by the planning commission. The site plan shall be drawn to scale and shall include at least the following information:

a.

Legal description of the site, including the site acreage.

b.

North arrow and the scale of the site plan.

c.

Vicinity sketch.

d.

Name, address, e-mail address and telephone number of the applicant, the owner/proprietor if different, and the person or firm who prepared the site plan, as well as all persons owning land in the township who are within 300 feet of the festival property in the township.

e.

Location of all points of ingress and egress to the site.

f.

Location and layout of all off-street parking, as set forth in this section.

g.

All critical dimensions; i.e., along all peripheral site or property lines, all setbacks, etc.

h.

Location of all temporary structures and activity areas, including campsites.

i.

Statement as to how dust generated by motor vehicles will be controlled.

(27)

In the process of reviewing the site plan, the planning commission shall determine that there has been compliance with the following requirements before approval:

a.

All requirements and standards of this section and other township ordinances shall have been met.

b.

The location and design of driveways providing vehicular ingress and egress from the site shall promote safety and convenience of both vehicular and pedestrian traffic, both within the site and on access and adjoining streets.

c.

The traffic circulation features within the site and the location of automobile parking areas are designed to avoid common traffic problems and promote safety.

d.

There shall be a satisfactory and harmonious relationship between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

e.

The proposed use shall not cause transportation, safety, or congestion problems. The planning commission shall consider:

1.

Location and design of driveways providing ingress and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.

2.

Traffic circulation features within the site and the location of automobile parking areas.

3.

Adequacy of the existing surrounding transportation system to handle the added vehicular activity proposed by the new use without undue congestion and safety problems.

(28)

It shall be unlawful for any person attending or attempting to attend any festival and/or be in the vicinity of any festival to park or permit a vehicle to remain standing or be parked on public or private property, or on a public or private highway, road, street, easement, or right-of-way, in violation of this section. This prohibition includes, but shall not be limited to, cars, trucks, SUV's, motorcycles, trailers/carriers, motor homes and camping or recreational vehicles.

(29)

The township board shall enforce the parking and traffic control aspect of this section by the creation of special township deputies, to be appointed by the township or as may be required by law. The power and authority of the deputies shall include, but not be limited to:

a.

Issuing ordinance violation notices, citations, and/or tickets.

b.

Summoning tow trucks to remove vehicles violating this section.

c.

Perform all other activities deemed necessary and consistent with the enforcement of this section.

(30)

A vehicle is subject to being immediately removed from public or private property, and/or a public or private highway, road, street, easement, or right-of-way, and towed to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:

a.

The vehicle is in such a condition that the continued operation of the vehicle upon the property or highway would constitute an immediate hazard to the public.

b.

The vehicle is parked or standing upon the property or highway in such a manner as to create an immediate public hazard or an obstruction of traffic.

c.

A vehicle is parked in a posted no parking and/or tow-away zone.

d.

There is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.

e.

The vehicle must be seized to preserve evidence of a crime, or when there is reasonable cause to believe that the vehicle was used in the commission of a crime.

f.

Removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or manmade disaster, or other emergency.

g.

The vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner which impedes the movement of another vehicle.

(31)

A township deputy and/or a police agency which authorizes the removal of a vehicle under this subsection shall do all of the following:

a.

Check to determine if the vehicle has been reported stolen.

b.

Within 24 hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subsection does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.

c.

If the vehicle has not been redeemed within ten days after moving the vehicle, a notice shall be sent to the registered owner and any secured party, as shown by the records of the secretary of state, by first class mail or personal service, that the vehicle has been removed. However, if the township deputy and/or police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within 24 hours after the removal, and if the vehicle has not been redeemed within 30 days, and upon complaint from the towing service, the township deputy and/or police agency shall send the notice within 30 days after the removal. The notice shall be by a form furnished by the secretary of state and/or as may be required by law and/or this section.

(32)

A violation of this section is a civil infraction. A person determined to be responsible or responsible with explanation for a violation of this section which is a civil infraction may be ordered to pay a civil fine of not more than $300.00, plus costs and penalties as may be authorized by law or ordinance, plus any costs of towing, storage and redemption of the vehicle. A vehicle towed for a parking violation shall be held until the towing fees and penalties related to all outstanding parking tickets and penalties owed to the towing company and/or the township are paid in full, or a bond is posted in like amount. A violation shall not be punished by imprisonment or a penal fine. A civil infraction shall not be considered a lesser included offense of any criminal offense.

(Code 2004, § 54-1429; Zoning Ord. 1999, § 2309(8); Ord. No. 136, 6-9-2003)

(a)

Sexually oriented businesses require special supervision from the public safety agencies in order to protect and preserve the health, safety, morals and welfare of the patrons of such businesses, as well as the citizens of the township. The township board finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.

(b)

The township board's concern over sexually transmitted diseases is a legitimate health concern of the township which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of its citizens. To that end, the board has determined that licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. Because there is convincing documented evidence that sexually oriented businesses, because of their very nature, have deleterious effects on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values, the township board recognizes that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area.

(c)

Because of these concerns, the township board desires to minimize and control these adverse effects, thereby protecting the health, safety, and welfare of its residents; protecting them from increased crime; preserving the quality of life; preserving the property values and character of surrounding neighborhoods; and deterring the spread of urban blight. The township board has further determined that location criteria alone is not likely to adequately protect the health, safety, and general welfare of the people of the township.

(d)

Though it is not the intent of this division to suppress any speech activities protected by the First Amendment, it is its intent to enact a content-neutral ordinance which addresses the secondary effects of sexually oriented businesses. It is also not the intent of the township board to condone or legitimize the distribution of obscene material; and the board recognizes that state and federal law prohibits the distribution of obscene materials, and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in the township.

(e)

It shall be the purpose of this division to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the township, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the township. The provisions of this division 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 division 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 division to condone or legitimize the distribution of obscene material.

(f)

Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the township, and on findings incorporated in the cases of City of Renton v Playtime Theaters, Inc., 475 U.S. 41 (1986); Young v. American Mini Theaters, Inc., 426 U.S. 50 (1976); and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma Township, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; also on findings from the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the township finds that:

(1)

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

(2)

Certain employees of adult theaters and cabarets engage in higher incidences of certain types of illicit sexual behavior than employees of other establishments.

(3)

Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

(4)

Offering and providing such space encourages such activities, which create unhealthy conditions.

(5)

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

(6)

At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A and Non B amebiasis, salmonella infections and shigella infections.

(7)

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.

(8)

As of July 2000, there were 10,817 reported cases of AIDS in the state.

(9)

Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the state.

(10)

The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990.

(11)

The number of cases of gonorrhea in the United States reported annually remains at a high level, with over 500,000 cases being reported in 1990.

(12)

The surgeon general of the United States, in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

(13)

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

(14)

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities.

(15)

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.

(16)

The findings noted in subsections (f)(1) through (15) of this section raise substantial governmental concerns.

(17)

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

(18)

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore non-existent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the township. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

(19)

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

(20)

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

(21)

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

(22)

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this division is designed to prevent or who are likely to be witnesses to such activity.

(23)

The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this division.

(24)

The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to, and prevents conduct which leads to, the transmission of sexually transmitted diseases.

(25)

The general welfare, health, morals and safety of the citizens of the township will be promoted, in accordance with the land use recommendations of the township's adopted master plan and zoning map, by enactment of this division.

(Code 2004, § 54-1461; Zoning Ord. 1999, § 2309(9)(a), (b))

Sexually oriented businesses are classified as follows:

(1)

Adult arcades;

(2)

Adult bookstores, adult novelty stores, or adult video stores;

(3)

Adult cabarets;

(4)

Adult motels;

(5)

Adult motion picture theaters;

(6)

Adult theaters;

(7)

Escort agencies;

(8)

Nude model studios; and

(9)

Sexual encounter centers.

(Code 2004, § 54-1462; Zoning Ord. 1999, § 2309(9)(c))

A license shall be required to operate a sexually oriented business in the township, and in accordance with the following requirements, it shall be unlawful:

(1)

To operate a sexually oriented business without a valid sexually oriented business license issued by the township pursuant to this division.

(2)

For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the township pursuant to this division.

(3)

To obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this division.

(Code 2004, § 54-1463; Zoning Ord. 1999, § 2309(9)(d)(1))

(a)

An application for a license required by this division must be made on a form provided by the township.

(b)

All applicants must be qualified according to the provisions of this division. The application may request, and the applicant shall provide, such information (including fingerprints) as to enable the township to determine whether the applicant meets the qualifications established in this division.

(c)

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under subsection (d) of this section and shall be considered a licensee if a license is granted.

(d)

The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

(1)

If the applicant is:

a.

An individual, the individual shall state his legal name, and any aliases, and submit proof that he is 18 years of age;

b.

A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c.

A corporation, LLC or PC, the corporation shall state its complete name; the date of its incorporation, or date it was formed; evidence that the corporation or company is in good standing under the laws of its state of incorporation; the names and addresses of all officers, directors and principal stockholders; and the name of the registered corporate agent and the address of the registered office for service of process.

(2)

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he must state the sexually oriented business's fictitious name and submit the required registration documents.

(3)

Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

(4)

Whether the applicant, or a person residing with the applicant, has had a previous license under this division, or other similar sexually oriented business ordinances from another township, county, or state, denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant, or a person residing with the applicant, has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this division, whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.

(5)

Whether the applicant, or a person residing with the applicant, holds any other licenses under this division or other similar sexually oriented business ordinances from another township, county, or state, and, if so, the names and locations of such other licensed businesses.

(6)

The single classification of license for which the applicant is filing.

(7)

The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number, if any.

(8)

The applicant's mailing address, e-mail address, residential address and telephone number.

(9)

A recent photograph of the applicant.

(10)

The applicant's driver's license number, social security number, and/or his state or federally issued tax identification number.

(11)

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(12)

A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 500 feet of the property to be certified and the property lines of any established religious institution/synagogue, school, or public park or recreation area within 1,000 feet of the property to be certified. For purposes of this subsection, a use shall be considered existing or established if it is in existence at the time an application is submitted.

(13)

If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in section 54-1238.

(e)

Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit, on a form to be provided by the township, the following information:

(1)

Applicant's name or any other name (including "stage" names) or aliases used by the individual;

(2)

Age, date, and place of birth;

(3)

Height, weight, hair and eye color;

(4)

Present residence address, e-mail address and telephone number;

(5)

Present business' address and telephone number;

(6)

Date, issuing state and number of driver's permit or other identification card information;

(7)

Social security number; and

(8)

Proof that the individual is at least 18 years of age.

(f)

Attached to the application form for a sexually oriented business employee license, as provided in subsection (e) of this section, shall be the following:

(1)

A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

(2)

A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate in this township or any other township, county, state, or country; has ever had a license, permit, or authorization to do business denied, revoked, or suspended; or has had any profession or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, there shall be stated the name, the name of the issuing or denying jurisdiction, and description in full of the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

(3)

A statement as to whether the applicant has been convicted of a specified criminal activity and, if so, the specified criminal activity involved and the date, place and jurisdiction of each.

(Code 2004, § 54-1464; Zoning Ord. 1999, § 2309(9)(d)(2)—(7))

The township shall refer an application to the appropriate township departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 90 days from the date the completed application with all required documents attached thereto, is filed. After the investigation, the township shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

(1)

The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

(2)

The applicant is under the age of 18 years;

(3)

The applicant has been convicted of a specified criminal activity as defined in this chapter;

(4)

The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule of regulation, or prohibited by a particular provision of this chapter; or

(5)

The applicant has had a sexually oriented business employee license revoked by the township, county, state or nation, within two years of the date of the current application. If the sexually oriented business employee license is denied, any previously issued license shall be immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in section 54-1233.

(Code 2004, § 54-1465; Zoning Ord. 1999, § 2309(9)(e))

(a)

A license granted pursuant to this division shall be subject to annual renewal upon the written application of the applicant and a finding by the township that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 54-1230.

(b)

Within 90 days after receipt of a completed sexually oriented business application, or sexually oriented business employee license application, the township shall approve or deny the issuance of a license to an applicant. The township shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

(1)

An applicant is under 18 years of age.

(2)

An applicant or a person with whom applicant is residing is overdue in payment to the township of taxes, fees, fines, or penalties assessed against or imposed upon him in relation to any business.

(3)

An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

(4)

An applicant or a person with whom the applicant is residing has been denied a license by the township, county, state or nation to operate a sexually oriented business within the preceding 12 months or whose license to operate a sexually oriented business has been revoked within the preceding 12 months.

(5)

An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

(6)

The premises to be used for the sexually oriented business have not been approved by the county health department, fire department, and the building official as being in compliance with applicable laws and ordinances.

(7)

The license fee required by this chapter has not been paid.

(8)

An applicant of the proposed establishment is in violation of or is not in compliance with any of this chapter.

(c)

The license, if granted shall state on its face the name of the person to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to section 54-1225. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

(d)

The county health department, fire department, and the township building official shall complete their certification that the premises is in compliance or not in compliance with 45 days of receipt of the documents from the applicant.

(e)

A sexually oriented business or employee license shall be issued for only one classification as found in section 54-1225.

(Code 2004, § 54-1466; Zoning Ord. 1999 § 2309(9)(f))

(a)

Every application for a sexually oriented business or employee license, whether for a new license or for renewal of an existing license, shall be accompanied by fees as currently established or as hereafter adopted by resolution of the township board from time to time.

(b)

All license applications and fees shall be submitted to the township clerk.

(Code 2004, § 54-1467; Zoning Ord. 1999, § 2309(9)(g))

Officials may inspect a sexually oriented business at any time, as set forth in this section.

(1)

An applicant or licensee shall permit representatives of the police department, county health department, fire department, zoning department, or other township departments or agencies to inspect the premises of a sexually oriented business, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

(2)

A person who operates a sexually oriented business, or his agent or employee, commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(Code 2004, § 54-1468; Zoning Ord. 1999, § 2309(9)(h))

A license to operate a sexually oriented business shall be subject to the following renewal process:

(1)

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 54-1227. Application for renewal shall be made at least 30 days before the expiration date, and, when made less than 30 days before the expiration date, the license will not expire so long as the license is under active review by the township.

(2)

When the township denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the township finds that the basis for denial of the renewal of the license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the denial became final.

(Code 2004, § 54-1469; Zoning Ord. 1999, § 2309(9)(i))

The township shall suspend a license for a period not to exceed 30 days if it determines that a licensee, or an employee of a licensee, has:

(1)

Violated or is not in compliance with any section of this division;

(2)

Refused to allow an inspection of the sexually oriented business premises as authorized by this division.

(Code 2004, § 54-1470; Zoning Ord. 1999, § 2309(9)(j))

(a)

The township shall revoke a license if the following occurs:

(1)

A cause of suspension as set forth in section 54-1233 occurs and the license has been suspended within the preceding 12 months;

(2)

A licensee gave false or misleading information in the material submitted during the application process;

(3)

A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;

(4)

A licensee has knowingly allowed prostitution on the premises;

(5)

A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(6)

Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or

(7)

A licensee is delinquent in payment to the township, county, or state for any taxes or fees past due.

(b)

When the township revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the township finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.

(c)

After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(Code 2004, § 54-1471; Zoning Ord. 1999, § 2309(9)(k))

A licensee shall not transfer his license to another; nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(Code 2004, § 54-1472; Zoning Ord. 1999, § 2309(9)(l))

(a)

A person commits a misdemeanor if such person:

(1)

Operates, or causes to be operated, a sexually oriented business:

a.

In any zoning district other than in the TR technical research, I-1 light industrial, I-2 general industrial, or E-1 extractive zoning districts, as set forth in this chapter, and the township's adopted master plan.

b.

Within 1,000 feet of:

1.

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

2.

A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school; or

3.

An entertainment business which is oriented primarily towards children or family entertainment.

c.

Within 300 feet of:

1.

The boundary of a residential zoning district, as depicted on the township zoning map.

2.

The property line of a lot or parcel devoted to a residential use.

3.

A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land within the township which is under the control, operation, or management of the township, county or state, or park and recreation authorities.

d.

Within 250 feet of a premises, licensed pursuant to the alcoholic beverage control regulations of the state.

(2)

Causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 100 feet of another sexually oriented business.

(3)

Causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

(b)

For the purpose of subsection (a)(1)b of this section, measurement shall be made in a straight line, without regard to the intervening structure or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in subsection (a)(1)b of this section. Presence of a township, village, county, state, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(c)

For purposes of subsection (a)(3) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(d)

Any sexually oriented business lawfully operating in the township on or before September 13, 1999, that is in violation of subsection (a) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered; except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business or businesses are nonconforming.

(e)

A sexually oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in this subsection, locating within the restricted distance requirements of this subsection as they pertain to a sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.

(Code 2004, § 54-1473; Zoning Ord. 1999, § 2309(9)(m))

The following requirements shall apply to an adult motel:

(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 creates a prima facie presumption that the establishment is an adult motel.

(2)

A person commits a misdemeanor 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 license, he rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or sub-rents the same sleeping room again.

(3)

For purposes of subsection (2) of this section the terms "rent" and "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

(4)

No video equipment shall be covertly placed in any room.

(Code 2004, § 54-1474; Zoning Ord. 1999, § 2309(9)(n))

(a)

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, videocassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:

(1)

Upon application for a sexually oriented license, 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 to an accuracy of plus or minus six inches. The township may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2)

The application described in subsection (1) of this section shall be sworn to be true and correct by the applicant.

(3)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the township.

(4)

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

(5)

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.

(6)

It shall be the duty of the licensee to ensure that the view area specified in subsection (5) of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 in the application filed pursuant to subsection (1) of this section.

(7)

No viewing room may be occupied by more than one person at any time.

(8)

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 five foot-candles, as measured at the floor level.

(9)

It shall be the duty of the licensee to ensure that the illumination described in subsection (8) of this section is maintained at all times that any patron is present in the premises.

(10)

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

(11)

No person shall make, or attempt to make, an opening of any kind between viewing booths or rooms.

(12)

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

(13)

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(14)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

(b)

A person having a duty under subsections (a)(1)—(14) of this section commits a misdemeanor if he knowingly fails to fulfill that duty.

(Code 2004, § 54-1475; Zoning Ord. 1999, § 2309(9)(o))

An escort agency shall comply with the following regulations:

(1)

An escort agency shall not employ any person under the age of 18 years.

(2)

A person commits an offense if the person acts as an escort, or agrees to act as an escort, for any person under the age of 18 years.

(Code 2004, § 54-1476; Zoning Ord. 1999, § 2309(9)(p))

Nude model studios shall comply with the following requirements:

(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 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 nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.

(Code 2004, § 54-1477; Zoning Ord. 1999, § 2309(9)(q))

The following conditions shall apply to public nudity:

(1)

It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.

(2)

It shall be a misdemeanor for a person who knowingly or intentionally, in a sexually oriented business, appears in a seminude condition unless the person is an employee who, while seminude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.

(3)

It shall be a misdemeanor for an employee, while seminude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee while such employee is seminude in a sexually oriented business.

(4)

It shall be a misdemeanor for an employee, while seminude, to touch a customer or the clothing of a customer.

(Code 2004, § 54-1478; Zoning Ord. 1999, § 2309(9)(r))

A person commits a misdemeanor if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business.

(Code 2004, § 54-1479; Zoning Ord. 1999, § 2309(9)(s))

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.

(Code 2004, § 54-1480; Zoning Ord. 1999, § 2309(9)(t))

It is a defense to prosecution under section 54-1240 that a person appearing in a state of nudity did so in a modeling class operated:

(1)

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

(2)

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

(3)

In a structure:

a.

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

b.

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

c.

Where no more than one nude model is on the premises at any one time.

(Code 2004, § 54-1481; Zoning Ord. 1999, § 2309(9)(u))