In the development and execution of this section, it is recognized 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-1 Commercial 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 Ordinance or various other local, state, and federal statutes.

Uses subject to these controls are as follows:

1. Adult Motion Picture Theaters
2. Adult Book and Video Stores
3. Adult Cabarets
4. Nude Artist and Photography Studios
5. Massage Parlors
6. Host or Hostess Establishment
7. Sauna, Hot Tub, or Other Similar Health or Body Improvement or Enjoyment Enterprise
8. Open Dance Hall
9. Adult Smoking or Sexual Novelty and Paraphernalia Store
10. Adult Motel
11. Escort Agency
12. Sexual Encounter Center
13. Any Combination of the Foregoing

As used in this section, the following terms shall have the indicated meanings:

1. "Adult Motion Picture Theater." 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 herein for observation by patrons therein.
2. "Adult Book or Video Store." Any establishment or part thereof having as a substantial or significant portion of its stock in trade, books, videos, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.
3. "Specified Sexual Activities." Specified sexual activities are defined as:
   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.
4. "Specified Anatomical Areas." Specified anatomical areas are defined as:
   1. Less than completely and opaquely covered:
      1. Human genitals, pubic region, and
      2. 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.
5. "Cabaret." A cafe, restaurant, night club or bar where patrons are entertained by performers who dance or sing or play musical instruments.
6. "Adult Cabaret." A cabaret which features go-go dancers, erotic dancers, strippers, male or female impersonators, or similar entertainers.
7. "Massage." A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
8. "Massage Parlor." An establishment where persons conduct or permit to be conducted or engaged in, 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 bands, other parts of the human body, mechanical devices, creams, ointments, oils, alcohol or any other means of preparations to provide relaxation or enjoyment to the recipient. This definition shall not be construed to include a hospital, nursing home, medical clinic, office of a physician, surgeon, osteopath, sports medicine clinic, or physical massage therapist duly licensed by the State. This definition shall also not be construed to include a barber shop or beauty salon in which massages are administered to the scalp, the face, the neck or the shoulder. This definition shall also not be construed to include a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreation and athletic facilities for the welfare of the residents of the area.
9. "Nude Artist and Photography Studios." Any building, structure, premises or part thereof which offers as a principal or secondary activity the providing of models to display "specified anatomical areas" as defined herein for artists, photographers or other persons for a fee or charge.
10. "Adult Smoking or Sexual Novelty and Paraphernalia Store." An establishment having, 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.
11. "Open Dance Hall." An establishment where open public dancing by patrons is available with partners furnished by the establishment.
12. "Host or Hostess Establishment." Establishments or clubs offering socialization with a host or hostess for a consideration to the host or hostess or for an admission or membership fee.
13. "Sauna, Hot Tub or Other Similar Health or Body Improvement or Enjoyment Enterprises." Establishment where saunas, hot tubs, whirlpools, sun lamps and similar body relaxing, soothing or improving facilities are available for male and/or female customers with supervision or participation by employees or independent contractors of the business. This definition shall not be construed to include a hospital, nursing home, medical clinic, office of a physician, surgeon, osteopath, sports medicine clinic, or physical massage therapist duly licensed by the State. This definition shall also not be construed to include a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreation and athletic facilities for the welfare of the residents of the area.
14. "Adult Motel." 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 transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or
    2. offers a sleeping room for rent for a period of time that is less than twenty- (20) hours; or
    3. allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than twenty-four (24) hours.
15. "Escort." 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.
16. "Escort Agency." A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
17. "Nudity or State of Nudity." The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.
18. "Semi-Nude." A state of dress in which clothing covers not more than the human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state.
19. "Sexual Encounter Center." A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
    1. physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
    2. activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

Any of the regulated uses enumerated herein are permitted only after a public hearing. Notice for the hearing shall be provided in the manner set forth in Section 24.04 of the zoning ordinance. (Amended Ord. 2007-1Z, effective 7-24-07)

1. The building or structure housing the use is located a minimum of 250 feet from the boundary of all A-1, A-2, R-1, R-2, and Lake Residential Zoning Districts and 500 feet from a residential use, regardless of the zoning for the residential use.
2. That the property is located a minimum of 1000 feet from the property line of any public, private or religious primary or secondary school, public park, library or museum, any public or licensed private day care or nursery school or site of religious assembly or worship.
3. The use is not located within 750 feet of any other adult or special controlled use except that such restriction may be waived, if the following findings are made by the Planning Commission.
   1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed.
   2. That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.
   3. That the establishment of such use, or an additional use regulated under these provisions, in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.

Prior to the granting of any waiver as herein provided, the Planning Commission may impose any such conditions or limitations upon the establishment's location, construction, maintenance, or operation of the regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence and any guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled. Failure to follow such limitation or condition will act to immediately terminate any permit or license given.

Application for approval of a special controlled use shall be made on a form as provided by the Township and submitted to the Zoning Administrator along with a review fee in the amount established by the Township Board by resolution. The application shall be placed on the next available agenda of the Planning Commission, at such time the required public hearing date shall be set. The Planning Commission shall have 75 days from the date of submittal of a complete application to act on the application.

An appeal of any decision by the Planning Commission to deny an application, wholly or in part, may be made to the Zoning Board of Appeals in accordance with the provisions of this Ordinance.

No application for such a use which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence not previously available or proof of changed conditions.