(A) Uses authorized by special use permit. Uses authorized by special permit include the following: adult motion picture theaters; bookstores; massage parlors, under provisions of this chapter.
(B) Special uses that may be permitted; site development requirements for adult motion picture theaters; bookstores; massage parlors. The following land and structures used may be permitted within the particular zone districts cited, provided the applicable specified conditions established in this subchapter are complied with.
(C) Purpose.The purpose and intent of this section is to regulate the location of, but not to exclude, adult bookstores, adult motion picture theaters, adult mini-motion picture theaters and massage parlors in the village, by preventing the concentration of such used in one area. This regulation is done with the understanding that the village recognizes that there are some uses which, because of their nature, have serious objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a delirious effect upon adjacent resident and commercial areas. The village recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of a surrounding residential neighborhood.
(D) Location of uses. No building or land, and no building hereafter erected, converted or structurally altered, shall be used as an adult bookstore, adult motion picture theater, adult mini-motion picture theater or massage parlor within 400 feet of the property line of any residentially zoned district as defined in this chapter or within 1,000 feet of any public school or public facility or religious site of assembly, worship and school. No adult bookstore, adult theater or massage parlor shall be located within 450 feet of any other establishment known as an adult bookstore, adult motion picture theater, adult mini-motion picture theater or massage parlor.
(E) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment which excludes minors, as defined in M.C.L.A. §§ 722.51 et seq. and has, as a substantial or significant portion of its stock in trade, books, periodicals, magazines, pamphlets, pictures, photographs, motion picture films and/or video tapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity, sado-masochistic abuse or sexual conduct.
ADULT MOTION PICTURE THEATER. An establishment, whether in a completely enclosed building or not, which excludes minors, as defined in M.C.L.A. §§ 722.51 et seq., and offers, for an admission fee, membership fee or other valuable consideration, the viewing of motion picture films, pictures or photographs, which are distinguished or characterized by their emphasis on nudity, sadomasochistic abuse or sexual conduct, during more than 25% of its operating hours.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building or any portion of a building or any portion of a building from which minors, as defined in M.C.L.A. §§ 722.51 et seq., are excluded, and which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conduct, nudity or sado-masochistic abuse, by any means of display, including without limitation by motion picture, mechanical amusement devices, television (including videotape or closed circuit) or live performances for observation by patrons therein.
MASSAGE PARLOR. Any establishment which offers services in the form of massages, health rubs, rub down, stress stroking or other forms of manual manipulation, singly or in combination, to club members or to the public for charge. MASSAGE PARLOR does not include:
(a) Activities in hospitals, nursing homes, medial clinics or the office or quarters of physician, surgeons, chiropractors or osteopaths;
(b) Exercise clubs exclusively for members or clientele where the services do not include any form of massage;
(c) Exercise or health clubs or health spas where aerobic physical fitness and physiologic muscle joint improvement activities occupy 90% of the program and also concurrently uses massage therapy as a form of physical therapy administered by a certified and licensed therapist; or
(d) Barbershops or beauty parlors.
NUDITY. Uncovered or less than opaquely covered post-pubertal human male or female genitals, pubic area or buttocks.
OFFERED FOR SALE. Offered in exchange for money, membership fee or any other valuable consideration.
SADO-MASOCHISTIC. Flagellation or torture by or upon a human.
SEXUAL CONDUCT. Any of the following actual or simulated acts: human sexual intercourse (homosexual or heterosexual), human or animal masturbation, bestiality, fellatio, cunnilingus, human excretory functions, homosexuality or lesbianism.
(F) Building requirements.
(1) Lot area and width. No minimum required.
(2) Site development plan. Approval by the Planning Commission is required by all uses.
(G) Effective date. This section shall take effect and be in force 20 days after its adoption.
(Ord. 21, passed 8-2-1993)
Special use permits, see also § 153.086 
