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Sexual Oriented Businesses (Pdf) ARTICLE 2 DEFINITIONS 5.2 Definitions. For the purpose of this Chapter, certain terms or words used herein shall be interpreted as follows: The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual; the present tense includes the future tense; the singular number includes the plural and the plural number includes the singular; the word "shall" is mandatory, the word "may" is permissive; the words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied." Terms not herein defined shall have the meaning customarily assigned to them. 5.3 Definitions (A-B) For the purpose of this Chapter, certain terms are herewith defined: (1) Adult Arcade: Any place to which the public is permitted or invited which coin-operated, slug operated, or for any form of consideration, or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. (2) Adult Booth: A partitioned area of less than 100 square feet inside an adult regulated use which is: (a) Designed or regularly used for the viewing of books, magazines, periodicals, or other printed matter, photographs, films, motion-pictures, video cassettes, slides, or other visual representations, recordings, and novelties or devices including which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas by one or more persons. (2) Adult Cabaret: An establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, exotic dancers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees. (3) Adult Model Studio: Any place where a person who displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Such an establishment includes, but is not limited to, the following activities and services: modeling studios, body painting studios, wrestling studios, individual theatrical performance or dance performances, barber shops or hair salons, car washes, and/or convenience stores. An adult model studio shall not include a proprietary school licensed by the State of Michigan or a college, community college, or university supported entirely or in part by public taxation, a private college or university which maintains and operates educational programs in which credits are transferable to a college, community college, or university supported entirely or partly by taxation, or in a structure: (a) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and (b) Where in order to participate in a class a student must enroll at least three days in advance of the class; and (c) Where no more than one nude or seminude model is on the premises at any one time. (4) Adult Motel: A hotel, motel or similar commercial establishment which: (a) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction; (b) Offers a sleeping room for rent for a period of time that is less than 10 hours; or (c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. (5) Adult Motion-Picture Theater or Adult Live Stage Performing Theater: An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age. (6) Adult Retail Store (Bookstore, Adult Novelty Store or Adult Video Store): A commercial establishment having 20% or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, videotapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age. (7) ALTERNATIVE FINANCIAL SERVICES: Any non-chartered financial institution offering check cashing services, currency exchange, pay-day loans and/or similar services as its primary function. (Amended – Ordinance 1597 – 11/11/12) (8) AN ALLEY: is a dedicated public way of less than thirty (30') feet (9.15 meters) in width affording a secondary means of access to abutting property and not intended for general traffic circulation. (9) Anthropomorphic Device: A robotic device sex robot (“sexbots”), sex droids, love droid, or artificial intelligence that resembles a human being. (10) ARCADES: any place of business or amusement, or any place of business or amusement located within a building or any portion thereof in which more than three (3) tokens, coins or otherwise operated mechanical and/or electrical amusement devices are installed, whether or not intended as a principal use or accessory use of that building or structure, in accordance with the provisions of Chapter 81, Recreation, Amusement and Games, Section 7.286 and Section 7.287 of the Southfield City Code. (Amended - Ordinance 1102 - 9/27/82) (11) ATTIC: the space between the ceiling beams of the top habitable floor and the roof. (12) A BASEMENT: a portion of a building partially underground, but having less than half its clear height below the grade plane (see cellar). (13) BED AND BREAKFAST (B&B) (Amended – Ordinance 1699 – 12/27/18): a dwelling of residential character containing rooms designed for overnight lodging, or transient guests, for compensation, including provisions for breakfast for guests; provided that such food is not advertised to the general public as a restaurant. Additional names include, but are not limited to: "Bed-N-Breakfast"; "Guest House", "Boarding House." (14) BIORETENTION: a stormwater management practice that utilizes landscaping and soils to treat stormwater runoff by collecting it in shallow depressions before filtering through an amended soil medium. (Amended – Ordinance 1678 – 7/6/17) (15) BOARD OF APPEALS: shall mean the Zoning Board of Appeals of the City of Southfield. (16) BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP: A treatment or counseling relationship between a physician and patient in which all of the following are present: (a) The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient. (b) The physician has created and maintained records of the patient’s condition in accord with medically accepted standards. (c) The physician has a reasonable expectation that he or she will provide follow- up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient’s debilitating medical condition. (d) If the patient has given permission, the physician has notified the patient’s primary care physician of the patient’s debilitating medical condition and certification for the use of medical marihuana to treat that condition. (Amended – Ordinance 1637 – 4/5/15) (17) BUFFER: A strip of land of definitive width and location reserved to separate existing uses or districts from proposed uses located within an ODD. The buffer may include existing topography, vegetation, and waterways; Right(s)-Of-Way; and landscaped site features (including walls and decorative fencing). (Amended – Ordinance 1603 – 4/7/13) (18) BUFFER STRIP: a strip of land of definite width and location reserved for planting of shrubs and trees to serve, either solely or in combination with fencing or walls, as an obscuring screen. A buffer strip may incorporate the installation or preservation of plantings capable of filtering and managing stormwater runoff. (Amended – Ordinance 1678 – 7/6/17) (19) BUILDING: any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. (20) BUILDING, ACCESSORY: is a building subordinate to the main or principal building on the lot and used for the purposes customarily incidental to those of the main building. (21) BUILDING, HEIGHT OF: the height of a building is the vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface, if a flat roof; to the deck line for mansard roofs; and to the mean height level between eaves and the ridge for gable, hip and gambrel roofs. (22) BUILDING LINE: a line parallel to the front lot line at the minimum required front setback line.
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