Good Reading Light

ARTICLE XX SITE DEVELOPMENT STANDARDS SECTION 20.01 – SITE DEVELOPMENT STANDARDS FOR SPECIFIC USES Those permitted uses and special permit uses enumerated in any zoning district, and if included below, shall be subject to the requirements of this Article, in addition to those of the zoning district in which the use is located, along with provisions located elsewhere in this Ordinance. A. BED AND BREAKFAST FACILITIES While this subsection is established to enable single-family dwelling units to be used as bed and breakfast operations, it is the intent of the Planning Commission to preserve the character of the residential district in which the operation is located. A bed and breakfast operation is a subordinate use to a single-family dwelling unit subject to the following conditions: 1. Operating Permits, Licenses and Insurance: a. A special use permit is required prior to commencing use. The special use permit shall allow semi-annual inspection by the Zoning Administrator at a convenient time. b. Bed and Breakfast facilities will operate in compliance with all local, state and federal requirements. c. Proof of insurance policy is required to include: certificate of insurance, policy numbers, name of company, underwriting policy, and agent’s name and company. d. No more than three (3) guest rooms are allowed in the R-1, R-2, R-F and NRD Districts. e. Length of stay shall not exceed seven (7) consecutive days. 2. Professionalism and Record Keeping: a. The owner or operator shall live on the premises. b. A “guest only” common room shall be available where overnight guests may interact. c. Guests shall be able to receive emergency phone calls when on the premises. d. House rules shall be posted in plain view or verbalized when guests check in. e. Resident pets will be restricted to the owner/operator private quarters. f. A full or continental breakfast, which is included in the room rate, shall be provided on the premises to guests. 3. Exterior and Maintenance: a. Building(s) shall be visually well maintained, in good repair and pleasant in appearance. b. Lawn and surrounding grounds shall be groomed and free of debris. c. Outdoor furniture shall be clean and well maintained. d. If a hot tub, spa or swimming pool are available to guests, they shall be clean and in good repair. Appropriate warnings and signs explaining use of such facilities are required. 4. General Inside Maintenance and Décor: a. The bed and breakfast should be tastefully decorated and express the individual uniqueness of its design. b. All furnishings, floor coverings and areas in the facility’s public places shall be clean, free of dust, stains, spots or holes and in generally good repair. c. Obviously chipped paint and peeling wallpaper are not acceptable. d. Private areas within the facility shall be so noted by appropriate signage. e. Public rooms, stairs and hallways shall be lighted at all times. f. Adequate heating and ventilation shall be provided. g. Good reading light and comfortable, upholstered interior furniture shall be available for guest use in common areas. XX-1 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc h. If a hot tub, spa or swimming pool are available to guests, they shall be clean and in good repair. Appropriate warnings and signs explaining use of such facilities are required. 5. Inside Maintenance of Guest Rooms and Baths: a. Guest rooms and baths shall demonstrate a high level of cleanliness. Clean, well maintained floors, fixtures, walls, woodwork are a must. b. Beds are required as primary sleeping surfaces. They shall be in top condition and comfortable. c. Other furnishings required in each guest room are: comfortable seating with a reading light, nightstand next to the bed or bookshelf type headboard and at least one bedside lamp with adequate light for reading. d. Window coverings shall be in place for privacy and light control. e. Bed linens shall be clean, free of holes and spots and in good repair. Minimum requirements are: mattress pad, top and bottom sheet, one pillow per person, pillow protectors for all pillows, and pillow cases. Adequate blankets, quilts, spreads, duvets or comforters shall cover each bed. Each room shall have two extra pillows and one extra blanket in good repair. f. Clean bath linens shall be provided daily. Minimum requirements are one each: bath towel, hand towel, and wash cloth per person. New soap shall be provided daily. g. Clean drinking glass (one per person) shall be provided daily. (Washed glass or wrapped plastic) h. Bath mat shall be provided in guest bathrooms, even if the room is carpeted. i. Plumbing shall be well maintained and in good repair: drip-free faucets, good water pressure, adequate hot water and sink stopper clean. j. Well-illuminated bathroom mirror and sink shall be provided with an electric outlet for razors, hair dyers, etc. k. Bathroom shall be equipped with an exhaust fan and night-light. l. Facial tissue and toilet paper will be kept well-stocked, and wastebaskets shall be emptied daily. m. If waterbeds are used, guests shall be informed in advance. n. Tubs and showers shall have non-slip surface. o. Guest rooms shall be equipped with inside locks. p. If storage space is used to store guest supplies, it shall be kept locked or marked appropriately. q. If children visit the bed and breakfast, cleaning supplies shall be kept in childproof areas or containers. r. Alternate escape routes shall be clearly posted in each guest room or each floor above the main floor. s. If the bed and breakfast has shared bathrooms, bathroom cleaning supplies shall be available in the event that a guest wishes to clean between daily housekeeping. Guest room, which utilize a shared bathroom, shall be outfitted with a well illuminated mirror, a shelf for personal grooming items and a minimum of one extra bath towel per person. No more than two (2) guest rooms or five (5) people may share one full bathroom, unless it is a dormitory style bath with at least two (2) toilets and two (2) sinks. 6. Safety and Security: a. All local and state fire and safety regulations shall be adhered to, both inside and outside. b. State bed and breakfast regulations require a fire extinguisher on each floor and a smoke detector in each guest room. c. Outdoors: XX-2 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc Parking areas, walkways and entries shall be well lighted at night. Off-street parking shall be at least gravel surface and shall be computed at two (2) parking spaces for the owner/operator, one (1) for each employee and one (1) for each guest room. ii. If adjacent to a single-family dwelling, a minimum six (6) feet in height screening bufferyard of at least ten (10) feet in width shall be planted and maintained between the bed and breakfast and the adjacent dwelling. The bufferyard shall consist of fifty percent (50%) evergreens and fifty percent (50%) deciduous shrubs and trees, or a berm with trees, shrubs and ground covers on it. d. Indoors: i. Guests shall be informed as to how than can locate and communicate with the innkeeper at night. ii. Telephone will be available for guests' use. Emergency telephone numbers shall be posted next to every telephone. iii. All interior public rooms, hallways and stairways will be well maintained, in good repair and free of debris. iv. Handrails shall be provided for stairways with three (3) steps or more. v. Kitchen shall be visibly clean and well maintained. vi. Garbage shall be kept in closed containers. B. CAR WASH FACILITIES 1. Vacuuming activities may be carried out in the rear yard and at least fifty (50) feet distance from any adjoining residential use. 2. The entrances and exits of the facility shall be from within the lot and not directly to or from adjoining street or alley. A street or alley shall not be used as maneuvering or parking spaces for vehicles to be serviced by the subject facility. C. CARE FACILITIES 1. All care facilities, including family, group or convalescent homes for the care of persons of all ages (children and adults) shall be licensed by the appropriate agency of the State of Michigan, and shall provide a copy of the license to Grayling Township before operation of the care facility proceeds. 2. Convalescent homes, nursing homes, extended care facilities and similar uses shall be located so that the site has direct ingress and egress to a major street or a minor street no more than four hundred (400) feet from its intersection with a major street. No building shall be located closer than thirty (30) feet to any lot line. Service entrances shall be screened from the view of adjacent residential property. D. CHURCHES OR PLACES OF WORSHIP 1. For every one (1) foot of height (excluding spire) above the maximum building height allowable for the district in which the church is located, an additional one (1) foot setback on all sides of the main structure shall be required. 2. Proper vehicular ingress, egress and off-street parking requirements shall be maintained according to Section 4.01. E. COLLEGES, UNIVERSITIES AND INSTITUTIONS OF HIGHER LEARNING 1. All ingress and egress from the site shall be onto a major street having a right-of-way of at least sixty six (66) feet. 2. No building or other use of land except landscaped passive areas or parking shall be located within thirty (30) feet of any lot line. XX-3 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc i. F. COMMERCIAL AND INDUSTRIAL USES WITH OUTDOOR STORAGE Outside storage of equipment or materials shall be located in the rear or side yards, screened from view, and vehicular access to such storage shall be maintained. G. COMMERCIAL USES SELLING ALCOHOL Establishments selling alcoholic beverages for consumption on the premises shall maintain a bufferyard as stipulated in Section 4.04. The establishment shall be located no closer than one thousand (1,000) feet to any school, church or place of worship, and no closer than four hundred (400) feet from another establishment selling alcoholic beverages for consumption on the premises. H. COMMERCIAL KENNELS 1. COMMERCIAL KENNELS ARE ALLOWED IN THE RF and C1 ZONING DISTRICTS ONLY and only on a minimum lot size of five (5) acres. Kennels shall be operated in conformity with all pertinent county, state and federal regulations. 2. Kennels for the boarding of not more than fifteen (15) dogs and/or cats with not more than three (3) outside exercise areas may be permitted. The kennel and runs must be located a minimum of one hundred fifty (150) from both side lot lines and one hundred eighty feet from an adjoining residence. There shall be a rear yard of not less than one hundred fifty (150) feet. 3. A visual barrier between the kennel area and adjoining property must be maintained. 4. The sale of pet supplies is allowed provided it is clearly incidental and subordinate to the kennel. 5. One non-illuminated on building sign not to exceed eighteen inches by thirty six inches (18"x36") in size is permitted. 6. The kennel may be operated in conjunction with a single-family dwelling occupied by the kennel owner. I. FUNERAL HOMES 1. A well-designed and landscaped off-street vehicle assembly area for funeral processions shall be maintained in addition to required off-street parking and related vehicle maneuvering space. 2. A caretaker’s residence may be located inside the main facility. J. GAS AND OIL PROCESSING FACILITIES 1. The facility shall comply with all federal, state and local building, environmental and health codes and regulations. 2. The applicant shall provide copies of the application for permit to drill, permit to drill, survey record of well location, and plat, as provided to the Supervisor of Wells, Department of Environmental Quality, as part of the permit process for the location and erection of oil and gas processing facilities. 3. The Planning Commission may impose reasonable conditions in order to comply with the Zoning Ordinance standards. 4. The facility may incorporate surface land owned or leased by the oil and/or gas company. If leased, the lease documents shall be submitted to the Planning Commission, and the Township Board shall be informed of the length of the lease. 5. Because the subject facilities are industrial in nature, the required site plan shall also show adequate visual and sound privacy from adjacent property and public roads. Forested greenbelt, berms, attractive fence screen, landscaping, mufflers, insulation, or other contrivances may be used to insure compliance with visual and sound privacy of the adjacent properties. XX-4 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc 6. In the event the facility is no longer required or is not used for two (2) years, the existing facility shall be removed and the area restored to its original state. Further, the area shall be checked by an agency concerned with environmental protection to insure that it is clear of pollutants. 7. The sound level of the facility shall not exceed sixty (60) decibels as measured four hundred and fifty (450) feet in any direction from the facility. 8. The facility shall be built no closer than four hundred and fifty (450) feet from an existing dwelling. 9. The facility shall be built no closer than one hundred (100) feet from any public road. K. GASOLINE/SERVICE STATIONS 1. No ingress or egress to an automobile service station, public garage or filling station, shall be closer than twenty-five (25) feet from any intersection or residential property line abutting the property on which such facility is located. 2. The entire lot, excluding those areas occupied by a building or landscaped areas, shall be hard-surfaced with concrete or a plant mixed bituminous material. 3. All lubrication equipment, hydraulic hoists and pits shall be completely enclosed within a building. All gasoline pumps and canopy overhang shall be located not less than twentyfive (25) feet from any lot line and shall be arranged so that motor vehicles may be provided easy egress and ingress to and from the adjoining street, and so that no portion of the vehicle while it is stopped for service, shall overhang onto a sidewalk, curb, street or public right-of-way. 4. All outside storage areas for trash, used tires, auto parts and the like shall be enclosed by a (6) foot totally obscuring wall. Outside storage or parking of disabled, wrecked or partially dismantled vehicles shall be allowed for a period not to exceed fifteen (15) days. 5. The property on which the automobile service station, repair garage or filling station is located shall be no closer than five hundred (500) feet from a vehicular entrance or exit to a hospital, library, museum, public or private school, playground, church or park. 6. All exterior lighting, including signs, shall be hooded or shielded so that glare shall be directed away from the view of adjacent properties. L. HOME OCCUPATIONS The purpose of the home occupation special use permit provisions is to allow the operation of home occupations for supplemental income purposes in residential districts. Home occupations are limited to those uses, which may be conducted within a residential dwelling without changing the appearance or condition of the residence in any way. The following criteria shall be employed by the Planning Commission to determine a valid home occupation: 1. The use shall not employ more than one (1) person who is not a member of the household. 2. The structures on the property shall not show any external indication of the home occupation, nor any change in the appearance of the building(s) or premises from a dwelling, except than one non-illuminated sign not exceeding four (4) square feet in area may be attached flat on the front wall of the dwelling to advertise the activity. 3. The use may be conducted in an accessory building, only when the Planning Commission determines that the use conforms to the required conditions 1 through 12, and would more appropriately be conducted in an accessory building rather than in a dwelling. 4. The use shall not constitute a retail store such as those permitted in the Commercial Districts (C-1 and C-2). 5. The use shall not necessitate the use of heavy commercial vehicles. XX-5 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc 6. The use shall not generate pedestrian or vehicular traffic beyond that which is normal to the residential district. 7. No outdoor storage is permitted. 8. No more than one (1) room of the dwelling shall be used for the home occupation, except for bed and breakfast facilities, as noted in Section 20.01, A. 9. No space outside of the dwelling shall be used for the home occupation, except as provided for in item 3 above. 10. In no way shall the appearance of the residence be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ form its residential character by the use of colors, materials, construction, lighting, or the emission of sounds, noises, odors or vibrations. 11. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes. 12. The display of goods produced or services performed on the premises shall not be evident from the exterior of the residence. M. LAND INTENSIVE RECREATIONAL USES 1. No loud speakers or public address systems shall be used except by approval of the Planning Commission, which shall determine that no public nuisance or disturbance will be established. 2. No structures other than fencing shall be located closer that the yard requirements specified in Section 17.01. A landscaped bufferyard meeting the requirements of Section 4.04 shall be provided between the recreational use and any adjacent residential use or residential district. 3. All lighting shall be shielded downward and away from adjacent districts. 4. Customary accessory commercial uses may be located on the same site as the main recreational use and shall be clearly incidental to the main use. N. PUBLIC RECREATIONAL FACILITIES 1. Public recreational facilities shall be located so that the site has direct ingress and egress access to a major street or a minor street no more than four hundred (400) feet from its intersection with a major street. 2. The Planning Commission may require additional safeguards to meet the intent of the district where located. O. SCHOOLS 1. A required yard (front, side and rear) of not less than thirty (30) feet shall be required for all buildings. 2. Off-street passenger loading zones shall be provided for school buses and private vehicles. 3. Parking lots shall not occupy more than forty percent (40%) of the entire lot or parcel. P. TRANSMISSION AND COMMUNICATIONS TOWERS 1. Uses include steel antenna towers, monopoles, and antenna supporting structures for all classes of communications services, including but not limited to, AM, FM, CATV, microwave, TV, VHF, cellular telephone, and the like. Such towers shall be constructed in conformity with all applicable rules and regulations of any governmental agency or regulatory body having jurisdiction, and the requirements of Electronic Industries Association (EIA) standards, as amended. 2. The applicant shall pursue all possible co-location opportunities that could meet the needs of the applicant. The applicant shall provide verification that notice requesting coXX-6 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc location was sent to all owners of all towers within a two (2) mile radius of the proposed tower location. If co-location is possible, a special use permit for a new tower shall not be approved. 3. The tower shall be setback not less than one (1) times the height of the tower measured from the base of the tower to all points on each property line. All tower structures shall be equipped with anti-climb devices to prevent unauthorized access. 4. The base of the tower shall be fully enclosed by a chain link fence not less than six (6) feet in height and located at such distance from the base on all sides of the tower to prevent entry into the radio frequency radiation envelope area. The fence shall be securely locked at all times, except when a representative of the owner of such tower is on the premises for inspection, repair or maintenance. Signs shall be posted on all sides of the fence with adequate warnings of potential hazards. There shall be no employees located on the site on a permanent basis. 5. All accessory buildings housing transmitting equipment shall be surrounded by a chain link fence at least six (6) feet in height and shall be kept locked at all times, except when a representative of the owner is on the premises for purposes of inspection, repair or maintenance. Adequate signs warning of any hazards shall be placed on all sides of the fence. The accessory buildings shall also be locked at all times, except when a representative of the owner is on the premises for purposes of inspection, repair or maintenance. Accessory buildings shall not be located closer than thirty (30) feet to any property line. 6. All guy cables and wires shall be wholly located on the premises upon which the tower is located. 7. At the time of application for a special permit to construct the tower, the applicant shall submit to the Zoning Administrator a copy of the plans and engineering specifications for the tower, propagation studies showing the need for the tower and justification for the proposed tower height, together with a copy of all permits and approvals or regulatory bodies and agencies having jurisdiction and a certification of the owner, contractor and/or engineer that the tower meets the minimum standards of the Electronic Industries Association (EIA). 8. Minimum spacing between tower locations shall be one half mile (2,640') in order to prevent a concentration of towers in one area. 9. Towers shall not exceed one hundred fifty (150) feet from the natural grade in the Single-Family District (R-1) and General Residential District (R-2). 10. Towers shall not be artificially lighted except as required by federal, state or county regulations. 11. The tower operator/owner acknowledges that any use of the tower, antennae or structures which is customarily rented or sold as part of the normal business application of the facility shall be available to Grayling Township free of charge or at a substantially reduced rate if market demand for tower space limits available capacity. 12. The approval of any of the above mentioned towers shall cease when the tower is no longer used for the purpose for which the special use permit was initially granted. The applicant shall dismantle and remove the tower, accessory buildings and appurtenances within ninety (90) days after operations cease. The site shall be cleared of litter and debris in compliance with the Junk and Garbage Ordinance for Grayling Township (Ordinance 92-3). 13. Upon approval of a tower, the applicant shall provide to the Township a performance guarantee equal to the estimated amount required for removal of the tower. XX-7 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc Q. VEHICLE SALES, RENTAL AND SERVICE CENTERS Vehicles shall include new or used automobiles, trucks, watercraft, recreational vehicles, motor bikes, boats, ATV's, campers, snowmobiles, and trailers, provided: 1. Ingress and egress to the use shall be at least sixty (60) feet from the intersection of any two streets. 2. Display areas shall be surfaced with concrete, asphalt or a similar durable, smooth and dustless surface. 3. The arrangement of vehicles stored in the open shall be uniform, following the patterns established for off-street parking lots. 4. Sales or display areas shall set back a minimum of twenty (20) feet from any public or private street or road right-of-way. 5. Service areas shall be in completely enclosed buildings and storage areas for vehicles that are being serviced must be in the rear yard and screened from adjacent properties. Grayling Township Adult and Sexually-Oriented Businesses An amendment to Grayling Township Zoning Ordinance 2003-02, Adopted March 9, 2005 Effective April 23, 2005 Section 20.02 – Intent An amendment to Ordinance 2003-02 to provide for the regulation, control an d prohibition of certain undesirable adult businesses, sexually oriented businesses, and adult entertainment establishments, near certain zoned districts which allow the following primary or secondary uses: residential, recreational, religious, educational, and other business interests where alcoholic beverages are sold. Section 20.03 – Legislative Findings A. The Grayling Township Board of Trustees and the Grayling Township Planning Commission have determined that sexually oriented businesses and activities are recognized as having a deleterious effect upon adjacent areas, causing increased crime rates, blight, a general chilling effect upon other businesses and occupants, a negative disruption in residential and commercial development, decreasing land values of adjacent and nearby properties. These findings have been substantiated by numerous land use studies which have been upheld by the United States Supreme Court. Recent Supreme Court cases have concluded that, “municipalities have a substantial interest in protecting and preserving the quality of life for its community against the adverse secondary effects of sexually oriented businesses,” regardless of the size of the community (Young v. American Mini Theaters, Inc. (1976)), and Renton v. Playtime Theater, Inc. (1986)). The harmful secondary effects the Court identified include: 1. Increased crime. 2. Decreased property values of both residential and commercial properties. XX-8 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc 3. B. Blight which causes people and businesses to flee the community. The Grayling Township Board of Trustees and the Grayling Township Planning Commission have concluded that they have the right, the duty, and the permission (MCLA 125.286b) to protect township citizens from these harmful effects of sexually oriented businesses, including but not limited to: 1. Adult arcades 2. Adult book, novelty (sexual paraphernalia), or video stores 3. Adult cabarets, night clubs, gentlemen’s clubs, go-go clubs, strip bars 4. Adult motels or hotels 5. Adult motion picture theaters or adult theaters 6. Escort services or agencies 7. Adult massage parlors The Grayling Township Board of Trustees, the Grayling Township Planning Commission and a substantial number of the members of the general public which reside or own property in Grayling Township have determined through the legal public hearing process that “Sexually Oriented Businesses,” are not held to be in keeping with the intentions of the Grayling Township Master Plan, which states, “This Plan is intended as support for the achievement of the following public objectives, among others: • To protect public health, safety and general welfare; • To conserve and protect property values by preventing incompatible uses from locating adjacent to each other; • To protect and enhance quality of life in the City and Township; • To protect and preserve the natural resources, unique visual character, and environmental quality of the area; • To maintain and enhance employment opportunities and tax base of the area; • To promote an orderly development process which is paced in coordination with the City’s and Township’s ability to provide services and which permits public officials and citizens an opportunity to monitor change and review proposed development in a reasonable manner; and • To provide information from which to gain a better understanding of the area and its interdependencies and interrelationships, and upon which to base future land use and public investment decisions.” It is not the intent, nor are there legislative findings which support Grayling Township from prohibiting sexually oriented businesses from locating within the boundaries of Grayling Township based on the protections of free speech in the First Amendment of the United States Constitution. If a sexually oriented business is engaged in legal speech related activities, one (1) must be allowed even if it falls within the prohibitions listed in Section 20.08. If no commercially zoned land is suitable for locating a legal sexually oriented business in Grayling Township because of prohibitions in Section 20.08, the Grayling Township Planning Commission and the Grayling Township Board of Trustees shall rezone a vacant parcel to alleviate the prohibitions, if such land is vacant and available. C. D. E. XX-9 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc F. In the event any “Sexually Oriented Business” in Grayling Township discontinues operation for a period of more than six (6) months (181 days), the right to operate the business shall terminate. Section 20.04 – Conformance with Grayling Township Special Use Provisions Any and all businesses which fit the definition of a “Sexually Oriented Business” require a special use permit, regardless of zone, through the review process of the Grayling Township Planning Commission. Special uses are regulated through Section XVIII of the Grayling Township Zoning Ordinance (2003-02). Section 20.05 – Site Plan Review Standards A. Signage – Must conform to the following regulations, in addition to Grayling Township sign Ordinance (85-1). 1. No words, lettering, photographs, silhouettes, drawings or pictorial representations of “Sexual Paraphernalia,” “Specified Sexual Activities” or “Specified Anatomical Areas.” Junk, Garbage, Rubbish, and General Blight – The exterior grounds of any “Sexually Oriented Business” must conform to the regulations contained in the Grayling Township blight Ordinance (2003-04). B. Section 20.06 – Allowable locations A. “Sexually Oriented Businesses” may only locate in the following zones: 1. (C-1) General Commercial 2. (C-2) Heavy Commercial 3. (PC) Planned Commercial 4. (I) Industrial 5. (PI) Planned Industrial As of the effective date of this ordinance amendment, the following properties are suitable and available for the location of sexually oriented businesses as long as the requirements for locating such businesses are met in this amendment and in other pertinent articles of Grayling Township Ordinance 2003-02. 1. All vacant parcels of land in the southern half of Section 32, Township 26 North, Range 3 West, zoned (PC) Planned Commercial (See Article XV). 2. All vacant parcels of land in Township 26 North, Range 3 West, Section 5, zoned (C-2) Heavy Commercial (See Article VIII, Section 9.04 and Article IX). 3. All vacant parcels throughout Township 26 North, Range 3 West, Sections 20, 29, 32 and 33, which are currently zoned (PI) Planned Industrial. B. Note: The above eligible parcels comprise slightly more than 2,000 acres, or 8.1% of all privately owned land in Grayling Township. Section 20.07 – Definitions XX-10 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc A. Sexually Oriented Business – Shall include any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying for sale, rent, or lease; or exhibiting for entertainment; a significant portion of items which include matter including “Sexual Paraphernalia,” or actions depicting, describing or presenting “Specified Sexual Activities,” or “Specified Anatomical Areas.” Adult Motion Picture Theater – Shall include any enclosed building or structure with a capacity of fifty (50) or more persons used for presenting material which has a significant portion of any motion picture or other display depicting or relating to “Specified Sexual Activities,” or “Specified Anatomical Areas,” for observation by patrons therein. Adult Mini-Motion Picture Theater – Shall include any enclosed building or structure with a capacity of less than fifty (50) persons used for presenting material which has a significant portion of any motion picture or other display depicting or relating to “Specified Sexual Activities,” or “Specified Anatomical Areas,” for observation by patrons therein. Adult Motion Picture Arcade – Shall include any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where a significant portion of images so displayed depict, describe, or relate to “Specified Sexual Activities,” or “Specified Anatomical Areas.” Adult Book Store – Shall include any use or combined use which has a display containing books, magazines, periodicals, slides, pictures, cassettes, computer disks, or other printed or recorded material which has a significant portion of its content, or exhibit matter including “Sexual Paraphernalia,” or actions depicting, describing or relating to "Specified Sexual Activities,” or “Specified Anatomical Areas,” or an establishment with a substantial segment or section devoted to the sale or display of such material. Adult Cabaret – Shall include any nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, including but not limited to “go-go” dancers, exotic dancers, strippers, or similar entertainers, where a significant portion of such performances show, depict, or describe “Specified Sexual Activities,” or “Specified Anatomical Areas.” Adult Motel/Hotel – Shall include a motel or hotel wherein matter including “Sexual Paraphernalia,” actions or other displays are presented which contains a significant portion depicting, describing, or relating to “Specified Sexual Activities,” or “Specified Anatomical Areas.” Adult Massage Parlor – Shall include any place where for any form of consideration or gratuity, massage, alcohol rub, administration of oils or lotions, electric or magnetic treatment or any other treatment or manipulation of the human body which occurs as part of, or in connection with “Specified Sexual Activities;” or where any person providing such treatment, manipulation or service related thereto exposes “Specified Anatomical Areas.” B. C. D. E. F. G. H. XX-11 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc I. Significant Portion – Shall mean and include: 1. Any one (1) or more portions of the display having continuous duration in excess of five (5) minutes; and/or, 2. The aggregate portions of the display having a duration equal to ten (10) percent or more of the display as measured by either number of publicly displayed items and/or ten (10) percent of available public floor space. Display – Shall mean the presentation of any “Sexual Paraphernalia,” single motion or still picture, dance or exhibition, live act, or collection of visual materials such as books, films, slides, periodicals, pictures, computer generated images, video cassettes, computer disks or any other printed or recorded matter which is open to view or available to the general adult population whether free or otherwise. Sexual Paraphernalia – Shall include any item, instrument, or device for sale, rent or lease, which has as its principle use the sexual stimulation of human genitals, breasts, or buttocks for “Specified Sexual Activity.” Specified Sexual Activity – Shall mean: 1. Human genitals in a state of sexual stimulation or arousal, 2. Acts of human masturbation, sexual intercourse, sodomy, fellatio, cunnilingus, or intrusion, however slight, of any part of a person’s body, or of any foreign object, into the genital or anal openings of another’s body. 3. Fondling or erotic touching of human genitals, pubic regions, buttocks, or female breasts. Specified Anatomical Areas – Shall mean: 1. Less than completely and opaquely covered human male and female genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Adult – Shall mean anyone who has attained the age of eighteen (18) years of age, or older. Church – Shall mean any building used for regular public worship services and is exempt from taxation under the General Property Tax Act of the State of Michigan. School – Shall mean any building regularly used for educating children under the age of eighteen (18) and is exempt from taxation under the General Property Tax Act of the State of Michigan. Day Care Center – Shall mean any business whose primary concern is watching, protecting and educating children prior to an age where they may enroll in a community school. Public Park – Shall mean any park owned and maintained by Grayling Township or any park owned and maintained by The County of Crawford within Grayling Township. J K. L. M. N. O. P. Q. R. XX-12 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc S. Protected Zones – Shall include (R-1) Single Family Residential, (R-2) General Residential, (R-3 proposed) General Residential Association, (NRD) Natural River District, (RF) Recreational Forest, (PUD) Planned Unit Development. Aggregate Portions – Shall include the combined total of items of “Sexual Paraphernalia” and/or items promoting “Specified Sexual Activities” and/or “Specified Anatomical Areas” on display for sale, rent or lease, or promoting the sale, rent or lease of such items, when compared to salable items which are not defined by this ordinance amendment as sexual in nature. T. Section 20.08 – Unlawful Acts A. It shall be unlawful for any person to operate any of the following single businesses, or combinations of the following businesses, within 1,000 feet of any protected zone. 1. Adult arcades 2. Adult book, novelty (sexual paraphernalia), or video stores 3. Adult cabarets, night clubs, gentlemen’s clubs, go-go clubs, strip bars 4. Adult motels or hotels 5. Adult motion picture theaters or adult theaters 6. Escort services or agencies It shall be unlawful for any person to operate any of the following single businesses, or combinations of the following businesses, within 1,500 feet of a church, school, day-care center, or public park in any protected or non-protected zone. 1. Adult arcades 2. Adult book, novelty (sexual paraphernalia), or video stores 3. Adult cabarets, night clubs, gentlemen’s clubs, go-go clubs, strip bars 4. Adult motels or hotels 5. Adult motion picture theaters or adult theaters 6. Escort services or agencies It shall be unlawful for any activity in which the participants have less than completely and opaquely covered genitals, pubic regions, buttocks, and female breasts within any protected zone or any church, school, day-care center, or public park. It shall be unlawful to operate an adult massage parlor, nude model studio, or sexual encounter center anywhere in Grayling Township. B. C. D. Section 20.09 – Violations, Penalties and Inspections A. Violations of this amendment and the enforcement thereof are regulated through Article XXII of the Grayling Township Zoning Ordinance. The Grayling Township Supervisor or designated Ordinance Enforcement Officer shall be allowed to enter any “Sexually Oriented Business” during hours of operation for the purposes of inspection to confirm compliance with this ordinance, without prior notification. B. Section 20.10 – Severability XX-13 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc Shall any portion of this ordinance amendment be declared invalid by a court of law in the State of Michigan, or the United States of America, the ordinance as a whole and all remaining amendments shall be considered valid and in full force and effect. Section 20.11 – Effective Date This amendment to Grayling Township Ordinance 2003-02, shall take effect 30-days after publication, upon recommendation by the Grayling Township Planning Commission and adoption by the Grayling Township Board of Trustees. XX-14 \\epcs\G\twp.grayling.mi.us\source\Article XX Site Development Standards.doc