Following are special land uses in C-2 Community Shopping Center Districts:
(a) Uses permitted by right in the O-1 Office Service District which are not included among the C-2 District uses permitted by right.
(b) Outdoor sales of merchandise by permitted uses when such sales are in conjunction with indoor sales of the same general type and do not exceed fifty percent of the indoor sales area.
(c) Certain fringe commercial uses which may be compatible under the appropriate circumstances. Such uses shall be limited to:
Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks.
Art, sculptor, and composer studios.
Auction rooms.
Bicycle sale, rental, and repair shops.
Blueprinting and photostatting establishments.
Catering establishments.
Electrical showrooms and shops.
Food storage lockers.
Locksmith shops.
Mail order and catalogue stores.
Pest control shops.
Physical culture and health services, including gymnasiums, reducing salons, aerobic dance studios and similar uses.
Plumbing showrooms and shops.
(d) High-intensity commercial uses which are compatible under the appropriate circumstances, but which should be limited in their frequency of occurrence in any one area. No other such uses shall be permitted within the Village within a 1,000 foot distance of the proposed site.
(e) Amusement halls such as pool halls, electronic game arcades and similar uses when no other such high-intensity use is located within a 1,000 foot distance of the proposed site.
(f) Coin, slug, prepaid or otherwise operated amusement devices such as pool tables, electronic games, etc. (except adult oriented entertainment devices), such uses may be permitted as an accessory use in certain compatible commercial establishments, provided that they are limited to not more than fifteen percent of the total floor area of the building in which they are located (the floor area of the devices shall be the sum of the floor area size of the device plus standing or sitting area available on all sides of the device to a distance of four feet away from the device) and when no other such accessory use or principal use is located within a 200-foot distance of the proposed building, in any straight line direction from the closest point of a building to the closest point of the other building of such regulated accessory use.
(g) Other noncomparison commercial uses which are compatible under the appropriate circumstances. These uses shall be limited to:
(1) Automobile service stations, when not more than one other such high-intensity use is located within a C-1 or C-2 District within a 1,000-foot distance of the proposed site and subject to the requirements of Section 1266.08.
(2) Drive-in facilities for permitted uses, when not more than one other such high-intensity use is located within a C-1 or C-2 District within a 1,000-foot distance of the proposed site.
(3) Hotels and motels.
(4) Meeting halls, when not more than one other such use is located within a C-1 or C-2 District within a 1,000 foot distance of the proposed site.
(5) Multiple-family dwellings.
(6) Newspaper distributing agencies.
(7) Parking lots and garages other than accessory for private passenger automobiles.
(8) Parks and playgrounds, except parks and playgrounds used as lake access sites for the launching, docking, or mooring of vessels, which shall be explicitly prohibited.
(9) Theaters, indoor, when part of a shopping center and occupying not more than thirty percent of the entire floor area.
(10) Restaurants serving meals or snacks for indoor consumption when not more than one other such use is located within a C-1 or C-2 District within a 1,000-foot distance of the proposed site.
(h) Adult entertainment uses which can be permitted under certain conditions when all of the requirements for these uses have been met. It has been demonstrated that the establishment of adult businesses in business districts which are immediately adjacent to and which serve residential neighborhoods, has deleterious effect on both business and residential segments of the neighborhood, causing blight and a downgrading of property values. A prohibition against the establishment of more than two regulated uses within 1,000 feet of each other serves to avoid the clustering of certain businesses, which, when located in close proximity to each other, tend to create a negative atmosphere. The concern for and pride in the orderly planning and development of a neighborhood should be encouraged and fostered in those persons who comprise the business and residential segments of that neighborhood. The Planning Commission and the Village Council should be guided by the expressed will of those businesses and residences which are immediately adjacent to the proposed locations of, and therefore most affected by the existence of, any adult book store, adult motion picture theater, adult mini-motion picture theater, adult cabaret, etc.
(i) For purposes of this section, the following shall control:
(1) Definitions.
A. Adult entertainment use - Any use of land, whether vacant or combined with structures or vehicles thereon, by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing or presenting "specified sexual activities" or "specified anatomical areas". Adult entertainment uses shall include, but not be limited to, the following:
1. Adult motion picture theater
2. Adult mini-motion picture theater
3. Adult motion picture arcade
4. Adult book store
5. Adult cabaret, nightclub, topless lounge, etc.
6. Adult motel
7. Adult massage parlor
8. Adult model studio
B. Significant portion - As used in the above definition, the term "significant portion" shall mean any one or more portions of the display having continuous duration in excess of five minutes, and/or the aggregate of portions of the display having a duration equal to ten percent or more of the display, and/or the aggregate of portions of the collection of any materials or exhibits composing the display equal to ten percent or more of the display.
C. Display - As used in the above definition, the word “display” shall mean any single motion or still picture, presentation, dance or exhibition, live act, or collection of visual materials such as books, films, slides, periodicals, pictures, video cassettes or any other printed or recorded matter which is open to view or available to the general population whether for free or otherwise.
D. Specified sexual activities - As used in the above definition, the term “specified sexual activities” shall mean human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
E. Specified anatomical areas - As used in the above definition, the term “specified anatomical areas” shall mean less than completely and opaquely covered human genitals, pubic region, buttock, female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2) Dispersal regulations. No adult entertainment use shall be located within 1,000 feet of any other adult entertainment use, nor within 600 feet of any of the following uses:
A. All Class "C" establishments licensed by the Michigan Liquor Control Commission.
B. Pool or billiard halls.
C. Coin-operated amusement centers.
D. Teenage discos or dance halls.
E. Ice or roller skating rinks.
F. Pawn shops.
G. Indoor or drive-in movie theaters.
H. Any public park.
I. Any church.
J. Any public or private school having a curriculum including kindergarten or any one or more of the grades, one through twelve.
K. Any property zoned or used for residential purposes.
L. Any other regulated uses as defined herein.
Such distance shall be measured along the centerline of the street or streets or address between two fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above listed uses nearest to the contemplated location of the structure containing the adult entertainment use and from the contemplated location of the structure containing the adult entertainment use nearest to a use listed above.
(3) Display content. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not regulated as an adult entertainment use. This provision shall apply to any display, decoration, sign, show window or other opening.
(4) Variance requirements. In addition to all other requirements for the obtaining of a variance from the provisions herein, as set forth in other portions of this Zoning Code, the Village Council may waive the limiting regulations of this section if all of the following findings are made:
A. That the proposed use will not be contrary to the public interest or injurious to the nearby properties, and that the spirit and intent of this Zoning Code will be observed.
B. That the proposed use will not enlarge or encourage the development of a "skid row" area.
C. That the person seeking to establish the adult entertainment use shall include a petition which affirmatively demonstrates the approval of the proposed adult entertainment use by fifty percent of the persons owning and occupying premises within a radius of 600 feet of the proposed use. The petitioner shall attempt to contact all occupied premises within this radius, and must maintain a list of all addresses at which no contact was made. The circulator of the petition requesting a variance shall subscribe to a sworn affidavit attesting to the fact that the petition was circulated and that the circulator personally witnessed the signatures on the petition and that to the best of their knowledge, the same were affixed to the petition by the person whose name appeared thereon. The Village Council shall not consider the requested waiver under the previous section until the above-described petition shall have been filed and verified to the satisfaction of that Council.
(Ord. 106. Passed 12-9-81; Ord. 106A-8. Passed 6-12-85; Ord. 106A-12. Passed 6-11-86; Ord. 106A-13. Passed 5-13-87; Ord. 106A-15. Passed 6-8-88; Ord. 106A-29. Passed 7-21-99.)