(A) Purpose and intent.
(1) The purpose and intent of these provisions is to regulate sexually oriented businesses and related activities to promote the health, safety, and welfare of patrons and employees of such businesses, and to promote the health, safety, and welfare of the citizens of the township.
(2) In the development and execution of this section, it is recognized that there are some uses which, because of their nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one or more of them is located in proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas. These controls are for the purpose of preventing deterioration or blighting of a surrounding residential neighborhood.
(3) These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution or by Art. I, § 5 of the Michigan Constitution of 1963.
(4) Additionally, it is not the intent of the provisions of this section, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions.
(5) Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market.
(6) These regulations shall not be interpreted as intending to legitimize any activities which are prohibited by federal or state law, or by any other ordinance of the township.
(B) Use requirements.
(1) The use is located within a zoning district in which sexually oriented businesses are specifically permitted as a special land use.
(2) The use is not located within a 1,000-foot radius of any other such use, measured in a straight line from the nearest lot line to the nearest lot line, except that such restrictions may be waived by the Township Board, if the following findings are made.
(a) 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.
(b) The proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.
(c) The establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any program of neighborhood conservation.
(d) All applicable state laws and local ordinances will be observed.
(e) Prior to the granting of any waiver as herein provided, the Township Board may impose any such conditions or limitations upon the establishment, 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.
(3) Parking spaces shall be provided at the ratio of one space per person permitted by the maximum occupancy load established by local, county, state, fire, health, or building codes.
(4) No adult use shall remain open at any time between the hours of 11:00 p.m. and 10:00 a.m. and no such use shall be open on Sundays.
(5) No alcohol shall be served at any adult use.
(6) No adult use shall permit any person under the age of 18 years to enter the premises. Signs shall be conspicuously posted noting that such minors are not allowed.
(7) All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one hour after closing each night.
(8) The use shall be located more than 500 feet from any residential district boundary, measured to the nearest lot line of the proposed use.
(Ord. passed 7-30-2015) Penalty, see § 155.999