Section 22-200 RESPONSIBILITIES OF THE APPLICANT FOR A SEXUALLY ORIENTED BUSINESS

Section 22-201 It shall be unlawful for a person to operate a sexually oriented business without Special Approval approved by the Planning Commission.

Section 22-202 The Planning Commission shall issue a permit to an applicant within ninety (90) days after receipt of an application unless it finds one or more of the following to be true:

1. An applicant is under eighteen (18) years of age.

2. An applicant is overdue in his payment of taxes, fines, or penalties assessed
against him or imposed upon him in relation to a sexually oriented business.

3. An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

4. An applicant who has been denied a permit by the Township to operate a sexually oriented business within the preceding twenty-four (24) months, or whose license to operate a sexually oriented business has been revoked within the preceding twenty-four (24) months.

5. The premises to be used for the sexually oriented business have not been approved by the Health Department for the use intended, if applicable, or any occupancy permit has not been issued by the Antrim County Building Department, if applicable.

6. The permit fee required by this Ordinance has not been paid.

7. An application for the proposed establishment is in violation of or is not in compliance with any of the provisions of this Ordinance.

8. An applicant has been convicted of any of the following criminal offenses in any jurisdiction:

a. Prostitution, procuring a prostitute, or solicitation of a prostitute;
b. Sale, distribution or display of obscene material;
c. Soliciting, procuring or aiding and abetting an unlawful sexual performance
by a minor,
d. Possession, sale or distribution of child pornography;
e. Public lewdness;
f. Indecent exposure;
g. Indecent conduct with a child;
h. Sexual assault or rape;
i. Incest;
j. Sexual solicitation of a child;
k. Use or possession of a controlled substance.

The applicant shall certify, as a part of the application, that he/she/it has not been convicted of any one or more of the foregoing criminal offenses.

Section 22-203 The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.

Section 22-204 If the Planning Commission determines that an applicant is not eligible for a permit then the applicant shall be given notice in writing of the reasons for the denial. This notice shall be given within ninety (90) days of the receipt of the application by the Planning Commission.

Section 22-205 If the applicant desires an extension, then the applicant must make a written request.

Section 22-206 The period of time may be extended for not more than ten (10) days before the notice is issued.

Section 22-207 This extension will enable the applicant to make modifications so the application complies with this Ordinance.

Section 22-208 An applicant may appeal the decision of the Planning Commission regarding a denial to the Forest Home Township Zoning Board of Appeals by filing a written notice of appeal within twenty-one (21) days after the applicant is provided with notice of the Planning Commission's decision.

Section 22-209 The Planning Commission may also take all steps necessary to revoke a permit if he determines that a permittee gave false or misleading information in the material submitted during the application process.

Section 22-210 Location Restrictions for Sexually Oriented Businesses. A sexually oriented business may not be operated within seven hundred fifty feet (750') of the following:

1. A church, synagogue or regular place of religious worship
2. A public or private elementary or secondary school
3. A boundary of any residential zoned district or any residential structure within another zoned area

4. A public park

5. A licensed day-care center

6. Another sexually oriented business

Section 22-211 A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.

Section 22-212 For the purpose of this Ordinance, measurement shall be made in a straight line, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business operates to a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot or licensed day-care center. Intervening structures will be disregarded in the measurement of this straight line.

Section 22-213 The distance between any two sexually oriented business uses shall be made from the closest roof line of the structure in which each business is located.

Section 22-214 Operation Restrictions. To operate a sexually oriented business within the boundary of Forest Home Township, the following specific requirements must be met and agreed upon by the owner(s) and operators of the sexually oriented business:
1. Hours of operation shall be limited to 12:00 noon to 12:00 a.m. (midnight)

2. The proposed business will not have a detrimental impact upon the property
values of properties located within seven hundred fifty feet (750') of such a
proposed sexually oriented business.
3. The proposed sexually oriented business owner/operator shall provide an exterior maintenance program to the Township Planning Commission, together with its Special Approval application.
4. This program shall provide for routine clearing of trash and rubbish from all parking areas and other portions of the premises not less than once per week.
5. Continued adherence to this exterior maintenance program shall be an condition to the issuance of any Special Approval pursuant to this section.
6. Persons may not reside in a sexually oriented business establishment. It may be allowed by permit only and based on the issuance of a permit on inspection of living arrangements.
7. The Planning Commission may impose such additional conditions and safeguards deemed necessary to mitigate negative secondary effect reasonably documented to emanate from sexually oriented businesses for the protection of the general welfare and individual property rights of affected property owners, and for insuring that the intent and objectives of this Ordinance will be observed. The breach of any condition, safeguard or requirement shall serve as grounds for revocation of the permit, after written notice and an opportunity to be heard.