(a)

It is the purpose of this ordinance to promote and protect the health, safety, morals and general welfare of the citizens of the City of Taylor and to establish reasonable and uniform regulations to prevent a concentration of regulated uses within the city. These regulations are intended to control the negative secondary impacts such businesses have been documented to have on the surrounding area and the community.

(b)

The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e., not more than one such uses within 1,000 feet of another regulated use) or within a 1,000-foot radius of a residential district or within a 1,000-foot radius of any nursery, primary, or secondary school. It is further the intent of these regulations that these uses only be permitted as special land uses.

(Ord. No. 09-434, § 20.01, 1-20-2009)

(a)

The establishment of a regulated use listed below (whether the use is primary, secondary, or accessory) is prohibited if the use will be within a 1,000-foot radius of another regulated use:

(1)

Adult regulated uses, as listed in subsection 20.05(c), classification.

(2)

Firearms dealers (where over ten percent of the business revenues are generated by the sale of firearms) distributors, repair shops, firing ranges (only in an enclosed building), and similar establishments.

(3)

Pawn shops.

(4)

Tattoo parlor.

(5)

Tobacco retailer/store

(6)

Precious metal and gem dealers purchasing from the general public.

(7)

Resale shops.

(b)

The establishment of a regulated use listed in subsection (a) above (whether the use is primary, secondary, or accessory) is prohibited if the use will be within 1,000 feet of any of the following:

(1)

Church, religious institution, or building used primarily for religious worship and related religious activities.

(2)

Public or private elementary or secondary school, vocational school, special education school, junior college or university.

(3)

Any single-family residential district, multiple-family residential district or Midtown district.

(4)

Lot or parcel in residential use.

(5)

Public park.

(6)

Child care facility, nursery or preschool.

(c)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property site boundary of a regulated uses to the nearest lot line of the premises of any use, district or right-of-way listed in subsection (a) above. The distance between any two regulated uses shall be measured in a straight line, without regard to intervening structures or objects from the site or property boundary in which each business is located. Access easements or portions of the parcel that are exclusively used to provide access to the site of the adult regulated uses shall be excluded from the parcel boundary in determining whether the site complies with the required separation. The intent of this exclusion is to allow adult regulated uses to comply with the separation requirement from major streets by means of an access easement or access strip of land from the site to the street.

(d)

A person is in violation of this ordinance if they cause or permit the operation, establishment, substantial enlargement, or transfer of ownership or control of a regulated uses within 1,000 feet of another regulated use.

(e)

A person is in violation of this ordinance if they cause or permit the operation, establishment or maintenance of more than one regulated uses in the same building, structure or portion thereof or the substantial enlargement of any regulated uses in any building, structure or portion thereof containing another regulated use.

(f)

Any business now classified as a regulated uses lawfully operating on the date of adoption of the ordinance that is in violation of this section shall be deemed a nonconforming use.

(g)

A regulated use shall only be located within a zoning district where it is listed.

(Ord. No. 09-434, § 20.02, 1-20-2009; Ord. No. 13-474, § 1, 2-19-2013; Ord. No. 25-520, § 1, 5-6-2025)

(a)

Application. Application to establish any of the above adult regulated uses (principal or accessory) shall be made to the planning commission. Applications shall require special land use and site plan approval under the regulations of article 19, site plan review, and article 21, special land use review, in addition to the regulations of this article. The planning commission shall not approve any regulated use if the separation requirements of section 20.02, separation requirements, above are not met.

(b)

Separation. The separation requirements may be modified as provided for in section 20.04, appeals and waivers.

(c)

More than one use. If there is more than one regulated use proposed for a zoning lot that shall be indicated on the petition and submitted as part of the same application package. The requirements pertaining to the principal use shall prevail when reviewing the request.

(d)

Conditions of approval. The planning commission may impose such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated uses, as shall, in its judgment, considering the standards set forth in this ordinance, be necessary for the protection of the public health, safety, welfare and interest, except that any conditions imposed on a adult regulated use shall be limited to those conditions necessary to assure compliance with the standards and requirements in section 20.05. Any evidence and guarantee may be required as proof that the conditions stipulated in connection with the establishment, maintenance and operation of a adult regulated use shall be fulfilled.

(e)

Time limits for review. An application for special land use approval of a regulated use shall proceed before the planning commission for final decision. Applications for special use approval of a regulated use, with the exception of an adult regulated use as provided for in subsection (f) below, shall be processed in the normal course.

(f)

Time limits for adult regulated use review. An application for special land use approval of an adult regulated use shall proceed before the planning commission for final decision. The following time limits shall apply to the review of an application by the planning commission for special land use approval of an adult regulated use:

(1)

The planning commission will publish notice and hold a public hearing as required for special land use review within 60 days of receiving a technically complete special land use and site plan application as required by article 19, site plan review, and article 21, special land use.

(2)

The planning commission will make its decision regarding the special land use application for an adult regulated use at the next regularly scheduled meeting of the planning commission following the public hearing held to review the application, unless additional information is required from the applicant. If additional information is required, the planning commission will make its recommendation at the next regularly scheduled meeting after receipt of the requested additional information, provided the additional information is received no later than 15 days prior to the meeting.

(3)

Failure of the city to act within the above specified time limits shall not be deemed to constitute the grant of special land use to the adult regulated use.

(g)

Effect of denial. An application for a regulated use that has been denied shall not be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of changed conditions.

(h)

Revocations. In any case where a building permit for a regulated use is required and has not been obtained within six months after the granting of the special land use by the planning commission, the grant of special land use shall become null and void.

(Ord. No. 09-434, § 20.03, 1-20-2009)

(a)

Waivers. The planning commission may waive the restrictions set forth in section 20.02, separation requirements, above for regulated uses provided all of the following findings are made:

(1)

That the proposed use will not be contrary to the public interest or interfere with the use and enjoyment of nearby properties.

(2)

That the proposed use will not enlarge or encourage the development of a "skid row" area in which the homeless, unemployed, transients or others may loiter or congregate for no gainful purpose.

(3)

That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.

(4)

That all applicable regulations of the ordinance will be observed.

(5)

The locational requirements for adult regulated use may not be waived.

(b)

Notice and public hearing. Prior to granting waiver of the locational restrictions set forth above, the planning commission shall conduct a public hearing on the waiver. Notification of the public hearing shall be in accordance with section 25.09, public hearings.

(Ord. No. 09-434, § 20.04, 1-20-2009)

(a)

Intent. It is recognized that there are some uses which, because of their nature, are recognized as having serious objectionable, operations characteristics, thereby having deleterious effect upon adjacent areas. It is also recognized when several of these uses are concentrated in close proximity, they begin to dominate the character of an area and create a synergy that compounds their deleterious effect on other uses. Special regulations of these uses are therefore necessary to insure that these adverse effects will not contribute to the blighting, deteriorating, and/or down grading of the area and the adjacent areas. These special regulations are itemized in this ordinance. Prior to adopting these regulations, the city reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in hearings and in reports made available to the city council, and on findings incorporated in the cases of Pap's AM v. City of Erie, 529 US 277 (2000); Deja Vu of Nashville v. Metropolitan Government of Nashville and Davidson County, 466 G3d 391 (6th Cir 2006); Sensations, Inc. v. City of Grand Rapids, 2006 WL 2504388 (WD MI 2006); Van Buren Township v. Garter Belt, 258 Mich App 594; 673 NW2d 111 (2003); Bronco's Entertainment v. Charter Township of Van Buren, 421 F3d 440 (6th Cir 2005), Thomas v. Chicago Park District, 122 S Ct 775 (2002), City of Renton v. Playtime Theatres Inc, 475 US 41 (1986), Young v. American Mini Theatres, 426 US 50 (1976), Barnes v. Glen Theatre Inc, 501 US 560 (1991); California v. LaRue, 409 US 109 (1972); DLS Inc v. City of Chattanooga, 107 F3d 403 (6th Cir 1997); East Brooks Books Inc v. City of Memphis, 48 F3d 2200 (6th Cir 1995); Broadway Books v. Roberts, 642 F Supp 4867 (ED Tenn 1986); Bright Lights Inc v. City of Newport, 830 F Supp 378 (ED Ky 1993); Richland Bookmart v. Nichols, 137 F3d 435 (6th Cir 1998); Richland Bookmart v. Nichols, 278 F3d 570 (6th Cir 2002); Deja vu of Cincinnati v. Union Township Board of Trustees, 411 F3d 777 (6th Cir 2005); Deja vu of Nashville v. Metropolitan Government of Nashville, 274 F3d 377 (6th Cir 2001); Bamon Corp v. City of Dayton, 7923 F2d 470 (6th Cir 1991); Threesome Entertainment v. Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); JL Spoons Inc v. City of Brunswick, 49 F Supp 2d 1032 (ND Ohio 1999); Triplett Grille Inc v. City of Akron, 40 F3d 129 (6th Cir 1994); Nightclubs Inc v. City of Paducah, 202 F3d 884 (6th Cir 2000); O'Connor v. City and County of Denver, 894 F2d 1210 (10th Cir 1990); Deja Vu of Nashville Inc et al. v. Metropolitan Government of Nashville and Davidson County, 2001 USA App LEXIS 26007 (6th Cir Dec 6, 2001); ZJ Gifts D-2 LLC v. City of Aurora, 136 F3d 683 (10th Cir 1998); Connection Distribution Co v. Reno, 154 F3d 281 (6th Cir 1998); Sundance Associates v. Reno, 139 F3d 804 (10th Cir 1998); American Library Association v. Reno, 33 F3d 78 (DC Cir 1994); American Target Advertising Inc v. Giani, 199 F3d 1241 (10th Cir 2000); ZJ Gifts D-2LLC v. City of Aurora, 136 F3d 683 (10th Cir 1998); ILQ Investments Inc v. City of Rochester, 25 F3d 1413 (8th Cir 1994); Bigg Wolf Discount Video Movie Sales Inc v. Montgomery County, 2002 US Dist LEXIS 1896 (D Md Feb 6 2002); Currence v. Cincinnati, 2002 US App LEXIS 1258 (3rd Cir Jan 24, 2002); and other cases; and on testimony to Congress in 136 Cong Rec S 8987; 135 Cong Rec S 14519; 135 Cong Rec S 5636; 134 Cong Rec E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota-1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio - and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square 1993; Bellevue, Washington, - 1998; Newport news, Virginia - 1996; new York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Hollsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the city council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Taylor is seeking to abate and prevent in the future.

(b)

Purpose. It is the purpose of this ordinance to regulate adult regulated uses to promote and protect the health, safety, morals and general welfare of the citizens of the City of Taylor and to establish reasonable and uniform regulations to prevent a concentration of adult regulated uses within the city. These regulations are intended to control the negative secondary impacts such businesses have been documented above to have on the surrounding area and the community. The provisions of this ordinance 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 neither the intent nor effect of this ordinance 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. Likewise, it is not the intent of this ordinance to legitimize activities which are prohibited by city ordinance or state or federal law.

(c)

Classification. The following uses are considered adult regulated uses under this article, as defined in article 28, definitions:

(1)

Adult arcades.

(2)

Adult book, novelty, retail or video store stores.

(3)

Adult cabarets.

(4)

Adult massage parlors.

(5)

Adult mini-motion picture theaters.

(6)

Adult motels.

(7)

Adult motion picture theaters.

(8)

Adult outdoor theater.

(9)

Adult theaters.

(10)

Adult personal service establishment.

(11)

Adult physical culture establishment.

(12)

Class A cabarets.

(13)

Escort and escort agencies.

(14)

Nude model studios.

(15)

Sexual encounter centers.

(Ord. No. 09-434, § 20.05, 1-20-2009)

(a)

Regulated uses. Adult regulated uses shall be considered regulated uses and subject to the review and approval procedures outline in section 20.03, procedures, above.

(b)

Allowed use. An adult regulated use shall only be located within a zoning district where it is listed as an allowable use.

(c)

Locational requirements. Adult regulated uses shall be subject to the locational requirements for regulated uses outline in section 20.02, locational requirements for regulated uses, above. It shall be unlawful to hereafter establish any adult regulated use if the proposed adult regulated use will be within a 1,000-foot radius of a residentially zoned district or within a 1,000-foot radius of any nursery, primary or secondary school and this requirement may not be waived under section 20.04, appeals and waivers.

(Ord. No. 09-434, § 20.06, 1-20-2009)

(a)

Prior to the granting of approval for the establishment of any adult regulated use, the planning commission may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the adult regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

(b)

The building size shall not exceed 5,000 square feet of gross floor area. A regulated use may not be located in a primary or secondary building where a regulated use already exists.

(c)

The building and site shall be designed, constructed and maintained so products and material such as a display, decoration or sign depicting, describing or relating to specific sexual activities or specified anatomical areas, as defined in this ordinance, cannot be observed by pedestrians or motorists on a public right-of-way or from an adjacent land use. No exterior door or window on the premises shall be kept open at any time while the business is in operation.

(d)

An adult regulated use is in violation of this article if:

(1)

The merchandise or activities of the establishment are visible from any point outside the establishment.

(2)

The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawings or pictorial representations of any specified anatomical area or sexually explicit activity as defined in this ordinance.

(3)

Neon or flashing lights.

(e)

The building shall provide sufficient sound absorbing insulation so noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way.

(f)

The city may require a wall, fence or berm in conjunction with landscaping to provide an appropriate screen in consideration of views from public streets, distance and surrounding land uses.

(g)

The hours of operation shall be approved by the city.

(h)

All off-street parking areas shall be illuminated from at least 90 minutes prior to sunset to at least 60 minutes after closing.

(i)

No adult regulated use shall be open for business prior to 10:00 a.m., nor after 10:00 p.m. However, employees or other agents, or contractors of the business may be on the premises at other hours for legitimate business purposes such as maintenance, preparation, recordkeeping, and similar purposes.

(j)

Access shall be from a major street.

(k)

Signs must be posted on both the exterior and interior walls of the entrances, in a location which is clearly visible to those entering or existing the business, and using lettering which is at least two inches in height, that:

(1)

"Persons under the age of 18 years are not permitted to enter the premises";

(2)

"No alcoholic beverages of any type are permitted within the premises"; unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission.

(l)

Any adult regulated use that allows customers to remain on the premises while viewing live, filmed or recorded entertainment or while using or consuming the products or services supplied on the premises, shall provide at least one security guard on duty outside the premises. Security guard provided will patrol the grounds and parking areas at all times while the business is in operation.

(m)

It shall be unlawful for any person to perform in any alcoholic commercial establishment, to knowingly permit or allow to be performed therein, any of the following acts or conduct:

(1)

The public performance of acts or simulated acts of specified sexual activities or any sexual acts which are prohibited by law.

(2)

The actual or simulated public displaying of specified anatomical areas.

(3)

To allow any female to appear in an alcoholic commercial establishment so costumed or dressed that one or both breasts are wholly or substantially exposed to public view. Topless or bottomless or totally uncovered waitresses, bartenders or barmaids, entertainers including dancers, impersonators, lingerie shows, or any other form for the attraction or entertainment of customers, is strictly prohibited. The term "wholly or substantially exposed to public view," as it pertains to breasts, shall mean the showing of the female breast in an alcoholic commercial establishment with less than a fully opaque covering of all portions of the areola and nipple, and the prohibition shall also extend to such events similar to wet t-shirt contests, lingerie shows or bikini shows.

a.

In any case where an adult regulated use has not been established within 18 months after granting thereof, and without further notice or action by the planning commission, the adult regulated use shall become automatically null and void.

b.

An adult regulated use shall be deemed to authorize only one specific adult regulated use and shall expire if the adult regulated use shall cease for more than six consecutive months.

c.

A violation of the provisions of this article shall result, in addition to the remedies provided herein, possible criminal violations consisting of a fine of $500.00 or a jail term of 90 days, or both.

d.

In addition to the provisions of this article, the city, at its option, may commence proceedings in the circuit court under the appropriate court rule or statute to enjoin any activity conducted by an adult regulated use that is deemed to be in violation of these provisions.

(Ord. No. 09-434, § 20.07, 1-20-2009)