In the development and execution of this article, the township recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated in near proximity to a residential area or community and neighborhood shopping areas, thereby having a deleterious effect upon such areas. It is also recognized that the controlled uses have legitimate rights under the United States Constitution as well as locational needs similar to many other retail establishments. Special regulation of these uses within the C-2 General Business District and the I-1 Industrial District is therefore necessary to ensure that adverse effects of such uses will not contribute to the blighting or downgrading of residential areas or the quality of the community's neighborhood business areas. At the same time, these controls are intended to provide commercially viable locations within the township where these uses are considered more compatible and less deleterious. The controls do not legitimize activities that are otherwise illegal under this chapter or various other local, state and federal statutes.

(Ord. No. 102, § 1(14C.01), 12-9-1998)

Uses subject to the special controls of this article are as follows:

(1)

Adult book and video stores;

(2)

Adult cabarets;

(3)

Adult motel;

(4)

Adult motion picture theaters;

(5)

Adult smoking or sexual paraphernalia store;

(6)

Escort agency;

(7)

Host or hostess establishment;

(8)

Massage parlors;

(9)

Nude artist and photography studios;

(10)

Open dancehall;

(11)

Sauna, hot tub, or other similar health or body improvement or enjoyment enterprise; and

(12)

Any combination of the foregoing.

(Ord. No. 102, § 1(14C.02), 12-9-1998)

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

Adult book or video store means any establishment having as a substantial or significant part of its stock for sale or display books, videos, magazines, or other periodicals which are distinguished or characterized by emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, or an establishment with a segment or section devoted to the sale or display of such material.

Adult cabaret means a cabaret which features go-go dancers, erotic dancers, strippers, male or female impersonators or similar entertainers.

Adult motel means a hotel, motel, or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmitters, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section, and has a sign visible from the public right-of-way that advertises the availability of such adult type photographic reproductions;

(2)

Offers a sleeping room for rent for a period of time that is less than 24 hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.

Adultmotion picture theater means any establishment used for presenting motion pictures, videos or live performances distinguished or characterized by an emphasis on matter or actions depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons.

Adultsmoking or sexual paraphernalia store means an establishment having, as a substantial or significant portion of its stock in trade, paraphernalia designed or usable for sexual stimulation or arousal or for smoking, ingesting or inhaling marijuana, narcotics or other stimulating or hallucinogenic drug-related substances.

Cabaret means a cafe, restaurant, nightclub or bar where patrons are entertained by performers who dance or sing or play musical instruments.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a business association (including a person) which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

Hostor hostess establishment means an establishment offering socialization with a host or hostess for a consideration to the host or hostess or for an admission or membership fee.

Massage means a method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.

Massage parlor means an establishment, excluding an establishment where massages are performed only by licensed health care professionals for therapeutic purposes, where persons conduct or permit to be conducted or performed massages of the human body or parts thereof by means of pressure, imposed friction, stroking, kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating the same with hands, other parts of the human body, mechanical devices, creams, ointments, oils, alcohol or any other parts of the human body, or any other means of preparations to provide relaxation or enjoyment to the recipient.

Nudeartist and photography studio means any building, structure or premises, or any part, which offers as a principal or secondary activity the providing of models to display specified anatomical areas as defined in this section for artists, photographers or other persons for a fee or charge.

Nudity orstate of nudity means the appearance without a complete and opaque covering of a human buttock, a human anus, human genitals, or human female breast below a point immediately above the top of the areola; or the appearance even with a complete and opaque covering of human male genitals in a discernibly turgid state.

Open dancehall means an establishment where open public dancing by patrons is available with partners furnished by the establishment.

Sauna,hot tub, orother similar health or body improvement or enjoyment enterprise means an establishment where saunas, hot tubs, whirlpools, sun lamps and similar body relaxing, soothing or improving facilities are available for customers, with supervision or participation by employees or independent contractors of the business operating the establishment, but excluding any such establishment where such facilities are offered solely pursuant to a medically prescribed therapy program.

Semi-nude means a state of dress in which clothing provides a complete and opaque covering for not more than human buttocks, human anus, human genitals, and human female breasts below a point immediately above the top of the areola.

Specifiedanatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region; and

b.

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.

Specifiedsexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse, or sodomy;

(3)

Erotic fondling or other erotic touching of genitals, pubic region, buttock, or female breast.

(Ord. No. 102, § 1(14C.03), 12-9-1998)

Any of the regulated uses subject to this article are permitted only after a public hearing held by the planning commission with notice of that hearing given according to the rules for special uses pursuant to the Michigan zoning enabling act (MCL 125.3101 et seq.). The planning commission must make its determination concerning an application for any of the regulated uses within 75 days after the township receives the application. If a determination of the planning commission is appealed to the zoning board of appeals, the zoning board of appeals must make its determination within 75 days after the township receives the appeal. In order to grant approval to such a regulated use, the planning commission must find that all of the following conditions exist (the special use standards in article II, division 3 of this chapter shall not apply):

(1)

The property is located entirely within either the C-2 General Business District or the I-1 Industrial District.

(2)

The building or structure housing the use is located a minimum of 100 feet from the boundary of all AG, R-1, R-1.5, R-2, R-3 and R-4 districts, and a minimum of 300 feet from a residential use, regardless of the zoning for the residential use.

(3)

The property is located a minimum of 500 feet from the property line of any public, private or religious primary or secondary school; public park; library or museum; public or licensed private day care or nursery school; or site of religious assembly or worship.

(4)

The use is not located within 1,000 feet of any other special controlled uses subject to this article.

(Ord. No. 102, § 1(14C.04), 12-9-1998; Ord. No. 204, § 19, 9-8-2021)

Prior to the granting of any approval under this article, the planning commission may impose any conditions or limitations upon the establishment's location, construction, maintenance, or operation as may, in the planning commission's judgment, be necessary for the protection of the public interest. Appropriate evidence and reasonable guarantees may be required as proof that the conditions or limitations stipulated will be fulfilled. Failure to follow any such condition or limitation will act to immediately terminate any approval granted under this article.

(Ord. No. 102, § 1(14C.05), 12-9-1998)

No application for a use regulated by this article which has been denied wholly or in part shall be resubmitted for a period of one year from the date of that order of denial, except on the grounds of new evidence not previously available or proof of changed conditions.

(Ord. No. 102, § 1(14C.06), 12-9-1998)