(TO AMEND ORDINANCE NO. 5500)
An Ordinance to amend Ordinance No. 5500, being the
Charter Township of Flint Zoning Ordinance.
THE
The Charter Township of Flint Ordinance No. 5500, is
hereby amended as follows:
Section 1.
Amendment of Section 21.9 of Ordinance 5500
Section 21.9, entitled " SPECIAL LAND USE
SPECIFIC REQUIREMENTS," is hereby amended by adding the following to the
end of the section:
REGULATED USES
1.
General requirements for regulated
uses.
a. 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 under certain circumstances thereby having a deleterious
effect upon the adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhood. These special regulations
are itemized in this Section. The
primary control or regulation is for the purpose of preventing a concentration
of these uses in any one (1) area (i.e., not more than two (2) such uses within
one thousand five hundred (1,500) feet of each other which would create such
adverse effect(s). Uses subject to these
controls are as follows:
1. Sexually
oriented businesses (as defined in sub-Section (3) (b) of this Section.)
b. Locational
requirements for regulated uses: The Planning Commission must find that there
is not presently more than one (1) such regulated use within one thousand five
hundred (1,500) of the boundaries of the site of the proposed regulated uses.
c. Conditions
of approval: In determining approval of a request, the Planning Commission may
only use the standards and requirements in this section. The Planning
Commission may impose conditions necessary to assure compliance with the
standards and requirements in sub-Section (3) of this Section. Any evidence and
guarantee may be required as proof that the conditions stipulated in the
connection therewith will be fulfilled.
d. Time
limits for review: The following time limits shall apply to the review of an
application by the Township Planning Commission for special land use approval
of a sexually oriented business as defined in sub-Section (3)(b) of this
Section.
1. The
Planning Commission shall publish notice and hold a public hearing as required
for special land use approval within
sixty (60) days of receiving a completed special land use and site plan
application as required by Article 21 of
the Zoning Ordinance for a sexually oriented business as defined in sub-Section
(3)(b) of this Section.
2. The
Planning Commission shall rule on the special land use application for sexually
oriented business at the next regularly scheduled meeting of the Planning
Commission following the public hearing held to review the application.
3. Failure
of the Township to act within the above specified time limits shall be deemed
to constitute granting of special approval to the sexually oriented
business.
e. Effect
of denial. No applicant for a regulated
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 or proof of changed conditions.
f. Revocations:
In any case where a building permit for a regulated use is required and has not
been obtained within six (6) months after the granting of special land use
approval by the Township Planning Commission, the grant of special approval
shall become null and void.
g. Reconstruction
of damaged regulated uses: Nothing in this Section shall prevent the
reconstruction, repairing or rebuilding and continued use of any building or
structure, the use of which makes it subject to the controls of this Section,
which is damaged by fire, collapse, explosion or act of God, provided that the
expense of such reconstruction does not exceed sixty (60) percent of the
reconstruction cost of the building or structure at the time such damage
occurred, provided that where the reconstruction repair or rebuilding exceeds
the above-stated expense, the re-establishment of the use shall be subject to
all provisions of this Section and further provided, that the re-established
use complies with the off-street parking requirements of Article 22.
2. (Reserved for future use.)
3. Requirements for sexually oriented
businesses:
a. Purpose
and intent: It is the purpose of this Ordinance to regulate sexually oriented
businesses to promote and protect the health, safety, morals and general
welfare of the citizens of the Charter Township of Flint and to establish
reasonable and uniform regulations to prevent a concentration of sexually
oriented businesses with the Township.
These regulations are intended to control the negative secondary impacts
such businesses have been documents to have on the surrounding area and the
community. The provisions of this
Section 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 nor effect of this Section 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.
b. Definitions:
The following definitions shall apply to sexually oriented businesses contained
within this Section.
1. “ACHROMATIC”
means colorless or lacking in saturation or hue. The term includes but is not limited to
grays, tans and light earth tones. The
term does not include white, black or any bold coloration that attracts
attention.
2. “ADULT
ARCADE” means any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, internet or mechanically controlled
still or motion picture machines, projectors or other image producing devices
are maintained to show images and where the images so displayed are
distinguished or characterized by the depicting or describing of “sexually
explicit activities” or “specific anatomical areas.”
3. “ADULT
BOOKSTORE or ADULT VIDEO STORE” means a commercial establishment which offers
for sale or rental for any form of consideration, occupying fifteen (15)
percent or more of the floor area of the establishment, any one or more of the
following:
a. Books,
magazines, periodicals or other printed matter or photographs, films, motion
pictures, video matter or photographs, cassettes or video reproductions slides
or other visual representation which depict or describe “sexually explicit
activities” or “specified anatomical areas”; or
b. instruments,
devices or paraphernalia which are designed for use in connection with
“sexually explicit activities.”
4. “ADULT
CABARET” means a nightclub, bar restaurant or similar commercial establishment
which regularly features:
a. persons who appear in a state of
restricted nudity; or
b. live
performance which are characterized by the partial exposure of “specified
anatomical areas”; or
c. films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of “sexually explicit
activities” or “specified anatomical areas.”
5. “ADULT
MOTEL” means a hotel, motel or similar commercial establishment which:
a. offer
accommodations to the public for any form of consideration; provide patrons
with closed-circuit television transmission, films, motion pictures, video
cassettes, slides or other photographic reproduction which are characterized by
the depiction or description of “sexually explicit activities” or “specific
anatomical areas”; and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions; or
b. permit
patrons to be filmed or photographed performing “sexually explicit activities”
or displaying “specified anatomical areas” for electric transmission over the
World Wide Web; or
c. offer
a sleeping room for rent for a period of time that is less than ten (10) hours;
or
d. allow
a tenant or occupant of a sleeping room to sub-rent the room for a period of
time that is less than ten (10) hours.
6. “ADULT
MOTION PICTURE THEATER” means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides or similar
photographic reproductions are regularly shown which are characterized by the
depiction or description of “sexually explicit activities” or “specified
anatomical areas”.
7. “ADULT
THEATER” means a theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state of nudity
or live performances which are characterized by the exposure of “specified
anatomical areas” or by the performance of “sexually explicit activities.”
8. “ESCORT”
means a person who, for consideration, agrees or offers to act as a companion,
guide or date for another person, who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
9. “ESCORT
AGENCY” means 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.
10. “ESTABLISHMENT”
means and includes any of the following:
a. the
opening or commencement of any sexually oriented business as a new business;
b. the
conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
d. the
location or relocation of any sexually oriented business.
11. “NUDE
MODEL STUDIO” means any place where a person who appears in a state of nudity
or displays “specified anatomical areas” is provided to be observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by other persons
who pay money or any form of consideration.
12. “NUDITY
or a STATE OF NUDITY” means the appearance of a human bare buttock, anus, male
genitals, female genitals or female breast, as defined by MCL. 41.181 (3); MSA
5.45(3).
13. “SEMI-NUDE”
means a state of dress in which clothing covers no more than the genitals,
pubic region and areola of the female breast, as well as portions of the body
covered by supporting straps or devices.
14. “SEXUAL
ENCOUNTER CENTER” means a business or commercial enterprise that, as one (1) of
its primary business purposes, offers for any form of consideration:
a. physical
contact in the form of wrestling or tumbling between persons of the opposite
sex; or
b. activities
between male and female persons and/or persons of the same sex when one (1) or
more of the persons is in a state of nudity or semi-nude or permits patrons to
display or to be filmed or photographed performing “sexually explicit
activities” or displaying “specified anatomical areas” for electronic
transmission over the World Wide Web.
15. “SEX
EXPLICIT ACTIVITIES” means and includes any of the following:
a. the
fondling or other erotic touching of human genitals, pubic region, buttocks, anus
or female breasts;
b. sex
acts, normal or perverted, actual or simulated, including intercourse, oral
copulation or sodomy:
c. masturbation, actual or simulated; or
d. excretory
function as part of or in connection with any of the activity set forth in a.)
through c.) above.
e. any
activity intended to arouse, appeal to or gratify a person’s lust, passions or
sexual desires.
16. “SEXUALLY
ORIENTED BUSINESS” means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio, sexual encounter center or similar establishment or
any place that permits patrons to be filmed or photographed performing “sexually
explicit activities” or displaying “specified anatomical areas” for electronic
transmission over the World Wide Web.
17. “SPECIFIED
ANATOMICAL AREAS” means and includes and of the following:
a. less
than completely and opaquely covered human genitals, public region or pubic
hair; buttock; or female breast or breasts or any portion thereof that is
situated below a point immediately above the top of the areola; or any
combination of the foregoing; or
b. human
genitals in a state of sexual arousal, even if opaquely and completely covered.
18. “SUBSTANTIAL
ENLARGEMENT” of a sexually oriented business means the increase in floor area
occupied by the business by more than ten (10) percent, as the floor area
exists on December 3, 2007.
19. “TRANSFER
OF OWNERSHIP OR CONTROL” of a sexually oriented business means and includes any
of the following:
a. the sale, lease or sublease of the
business;
b. the
transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or similar means; or
c. the
establishment of a trust, gift or other similar legal device which transfers
the ownership or control of the business, except for transfer by bequest or
other operation of law upon the death of the person possessing the ownership or
control.
c. Classification:
Sexually oriented businesses are classified as follows:
1. adult arcades;
2. adult bookstores or adult video stores;
3. adult cabarets;
4. adult motels;
5. adult motion picture theaters;
6. adult theaters;
7. escort and escort agencies;
8. nude model studios; and
9. sexual encounter centers.
10. other
sexually oriented business, as determined by the Township Board.
d. Location
of sexually oriented business.
1. A
sexually oriented business site shall not be located closer than one thousand
five hundred (1,500) feet to the property line of any of the following:
a. a church;
b. a public or private elementary or
secondary school;
c. a residential zoning district;
d. a public park;
e. an existing sexually oriented business;
f. a child care facility, nursery or
preschool;
2. A
person is in violation of this Ordinance if he/she causes or permits the
operations, establishment, substantial enlargement, or transfer of ownership or
control of a sexually oriented business within one thousand five hundred
(1,500) feet of another sexually oriented business.
3. A
person is in violation of this Ordinance if he/she causes or permits the
operation, establishment, or maintenance of more than one (1) sexually oriented
business in the same building, structure or portion thereof or the substantial
enlargement of any sexually oriented business in any building, structure or
portion thereof containing another sexually oriented business.
4. For
the purposes of sub-Section (1) above, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the nearest
portion of the building or adjacent parking lot a sexually oriented business to
the nearest property line of the premises of any use, district or right-of-way
listed in sub-Section (1) above.
5. For
purposes of sub-Section (1) above, the distance between any two (2) sexually
oriented businesses shall be measured in a straight line, without regard to
intervening structures or objects from the building or adjacent parking lot of
each business.
6. Any
business now classified as a sexually oriented business lawfully operating on
December 3, 2007 that is in violation of a sub-Sections (1), (2) or (3) above
shall be deemed a nonconforming use.
7. A
sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to special approval
and site plan approval of the sexually oriented business, of any use listed in
sub-Section (1) above one thousand five hundred (1,500) feet of the sexually
oriented business.
e. Exterior display and signs.
1. A sexually oriented business is in
violation of this Section if:
a. the
merchandise or activities of the establishment are visible from any point
outside the establishment; or
b. the
exterior portions of the establishment or signs have any words, lettering,
photographs, silhouettes, drawing or pictorial representatives of any specified
anatomical area or sexually explicit activity as defined in this Ordinance.
f. License required to operate a sexually
oriented business: Special approval and site plan approval shall be granted on
the condition that the operator or owner of a sexually oriented business
obtains a license to operate the business as required by
g. Enforcement: A violation of the
provisions of this Section shall result, in addition to the remedies to
provided herein, possible criminal violations consisting of a fine of five
hundred (500) dollars or a jail term of ninety (90) days, or both.
h. Injunction: In addition to the
provisions of this Section, the Township at its option may commence proceedings
in the circuit court under the appropriate court rule or statue to enjoin any
activity conducted by a sexually oriented business that is deemed to be in
violation of these provisions.
Section 1.
Amendment of Section 18.3 of Ordinance 5500
SPECIAL LAND USES
Section
18.3, entitled "SPECIAL LAND USES" is hereby amended by adding the
following:
22.
Regulated Uses
SECTION 3
Effective Date
This Ordinance shall become effective take effect upon the
expiration of 7 days after publication.
We hereby certify that the final passage of the foregoing Ordinance
took place at a meeting of the Township Board of the Charter Township of Flint
held on