(a) Purposes. In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, have serious operational characteristics, particularly when concentrated or when one or more of them are located in near proximity to residential zones, thereby having a deleterious effect upon adjacent areas. Regulation of these uses through location is necessary to ensure that the adverse effects of such uses will not contribute to the blighting or downgrading of the surrounding neighborhood. The provisions of this chapter are intended to prevent a concentration of these uses within any one area and to prevent deterioration or blighting of nearby residential neighborhoods.
(b) Restrictions on Location. An adult business may be located in the city only in accordance with the following restrictions:
(1) All such businesses shall be limited to areas zoned B-1 , I-1 or I-2, excluding those areas so zoned within the boundaries of the Battle Creek Tax Increment Financing Authority District known as Fort Custer Industrial Park, as approved by the City Commission in Resolution 27, passed April 28, 1986, and amended by Resolution 338, passed September 9, 1986 and excluded from within the boundaries of the Dickman Road Business Improvement District established by City Commission Resolution 351 on September 7, 1999.
(2) No adult business shall be located within 1,000 feet of another adult business; within 1,000 feet of a church, school, or public park; or within 300 feet of a residential or agricultural zoning district.
(c) Miscellaneous Requirements.
(1) The height, yard, lot area, lot width, building coverage, sign and parking requirements of an adult business shall conform to the requirements for the zone in which it is located.
(2) The distance between an adult business and a church, school, public park, or a residential or agricultural zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult business or building containing an adult business to the nearest property line of the protected use or residential or agricultural district.
(3) No person shall reside in or permit any person to reside in the premises of an adult business.
(d) Exceptions. The provisions of this chapter regarding massage parlors shall not apply to hospitals, sanitariums, nursing homes or medical clinics, or to the offices of a physician, surgeon, chiropractor, osteopath or physical therapist, duly licensed by the state, or to massage therapists licensed by the State under Part 179A of the Public Health Code, MCL. 333.17951 et seq.
(e) Penalty; Equitable Remedies.
(1) A person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class F municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(2) Notwithstanding subsection (a) hereof, the city may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of this chapter.
(Ord. 10-2020. Passed 11-24-20; Ord. 04-2021. Passed 4-13-21; Ord. 03-2023. Passed 5-2-23.)