Sec. 14.1.

A.

Purpose: Regulation of adult entertainment uses is directed at protection of the health, safety and welfare of Township residents through the establishment of conditions by which such use may be approved. The intent is to minimize the negative impacts of such use, including potential blight and objectionable activity associated with such adult uses. It is not the intent of this ordinance to regulate the content of materials associated with the use, but rather the operational nature that requires separation from incompatible uses that may result in loss of property value. Where such uses are subject to regulations of the State of Michigan, those specific regulations shall be imposed without compromising the intent and purpose of this local ordinance.

B.

District: Adult entertainment uses are special exception uses within the I-2 Industrial District. Such use is deemed to be incompatible with uses permitted within the agricultural, residential and commercial districts and the site development regulations provide for increased setback and lot area to further reduce such incompatibility.

C.

Definitions: Such uses defined are not intended to be an exclusive list of adult entertainment. Any such use required to be licensed or inspected shall be included within this definition of adult entertainment even if not specifically listed under this subsection:

Adult booth, arcade, motion picture or mini-motion picture theater or similar use that presents material which displays images depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas" as defined. Such uses shall be within an enclosed building or enclosed room within the building and shall not be viewed or displayed immediately upon entering said building or room.

Adult book store, adult novelty store or adult video store or similar use which offers for rent or sale material which displays images depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas" as defined. Such stores that limit the concentration of such material to an "adult only" section, encompassing less that 25 percent of the usable floor area and less than 25 percent of the gross receipts from sales or rentals, shall not be considered under this definition or regulated as "adult entertainment".

Adult cabaret, nightclub, theater or similar establishment which features live performances by dancers (topless, go-go or exotic as examples), strippers or similar entertainers, where the performers feature live display of "Specified Anatomical Areas" or describe "Specified Sexual Activities". Such live performances shall be conducted on a stage or platform that is no less than 18 inches above the immediate floor level and is removed not less than three feet from the nearest patron at all times during a performance.

Adult motel or adult lodging establishment or similar use that provides materials for sale or rent, including in-room videos, which displays images depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas". Such facilities shall clearly advertise the availability of such adult entertainment.

Adult personal service or physical culture business or similar uses including massage parlors, health spas, saunas or steam baths where the person providing the service is nude or partially nude as defined as having attire which reveals "Specified Anatomical Areas".

Specified Anatomical Areas are areas of the body, less than completely or opaquely covered, including human genitals, the pubic region, buttock or female breast area below a point immediately above the top of the areola. This definition shall also include human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified Sexual Activities include human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, sodomy or fondling or other erotic touching of human genitals, the pubic region, buttock or female breast.

D.

Conditions: In order to reduce or mitigate the incompatibility of such uses with surrounding uses, the following conditions shall apply for adult entertainment:

1.

All such facilities shall meet any State licensing requirements, fire regulations or other state or local requirements for operation.

2.

All such facilities shall provide for separate male and female restrooms and such restrooms shall be free to the public.

3.

The entrance to such facilities shall be clearly posted "For Adults Only" and anyone entering the facility shall be asked for permanent identification to determine that no person under the age of 18 is allowed.

4.

The application shall include the following information:

a.

The legal name of the applicant and if the applicant is a partnership, firm or corporation, the same information shall be furnished for each partner, officer and stockholder having at least a 15 percent interest in the business.

b.

The address and telephone number of the applicant and any previous address if less than three years at that address.

c.

The birth date of the applicant or the date of incorporation or partnership agreement if other than an individual.

d.

Current and any prior employment of the applicant for the proceeding three years, and, if a corporation, firm or partnership, the location of any other adult entertainment businesses under ownership or management.

e.

A statement of any convictions on civil or criminal charges, including ordinance violations but not including traffic violations, for the applicant and each partner or stockholder (having at least a 15 percent interest in the business).

5.

Signage shall adhere to the Township sign regulations and no advertisement shall be visible from the exterior of the facility related to the display or description of materials defined as "Specified Sexual Activities" or "Specified Anatomical Areas" or any language considered slang providing for the same description.

6.

A site plan shall be submitted which meets the Township's standards for site plan review, including landscaping and lighting that will decrease the incompatibility with surrounding uses. The site plan shall also indicate any existing uses, buildings or structures within 500 feet of the property.

7.

The site for such adult entertainment use shall not be located within 500 feet of any community facilities, including churches, schools or other public buildings.

8.

The site for such adult entertainment use shall not be located within 500 feet of any residence or from a residential zoning district.

9.

The site for such adult entertainment use shall not be located within 1,000 feet of any other adult entertainment use as defined in this ordinance and no alcohol shall be served unless specifically waived by the Planning Commission based upon the following:

a.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and will be consistent with the spirit, intent and purpose for this ordinance.

b.

The proposed use will not enlarge or encourage the development of a use that will increase blight or the deterioration of the area, or be contrary to any residential neighborhood.

c.

That in granting of this waiver, the Planning Commission may impose additional conditions or limitations on the use that, based upon their judgment, would be necessary for the protection of the public interest.

10.

Parking areas shall be well lit and remain lit for one hour after closing and no loitering or congregation of patrons outside of the facility shall be allowed by the proprietor of the business. There shall be provided one parking space per person for the maximum occupancy established for the business by the building and fire codes.

E.

Exempt uses: Any use that is licensed or certified for purposes of other professional service, including barbers or beauticians, massage or physical therapists, athletic trainers or other professions where bodily contact is anticipated as part of the service, shall be exempt from these provisions so long as the use does not extend to providing services similar to those identified under this section.

(Ord. No. 130, 5-12-03)