Lewd Businesses May Be Moved to MR
Sexually oriented businesses may only be allowed in the Manufacturing Research (MR) district of Mackinaw City, in the southern part of the village, if the village adopts a new ordinance that is now under consideration. The location is a change from the current village zoning ordinance, which restricts adult businesses to the Waterfront Business (B2) district along the shoreline. The Mackinaw City Planning Commission discussed the change Thursday, July 22.
The Sexually Oriented Business Ordinance under review was adopted from Emmet County. It specifies businesses will be classified as lewd if 30% of their merchandise is devoted to selling adult-oriented merchandise, such as stimulation devices. The major change, Manager Jeff Lawson said, is that lewd businesses would only be permitted in the manufacturing district of the village, and that adult-oriented merchandise, sold in any type of business, would only be permitted in that area.
The reason for the move, Mr. Lawson explained, is to minimize the impact lewd businesses can have on residential and commercial areas, which are some distance from the manufacturing district, while still providing a space for them to be established, as required by law. Citizens have recently complained to the city about two businesses in the village that they consider to be inappropriate, and one of those shops has since closed its doors owing to public pressure.
The manufacturing district places lewd businesses away from much of the commercial and residential area. The district is along Trails End Road and extends north from there about 2,500 feet and roughly 3,000 feet east and west. Portions of it are owned privately and by the village, and some homes are also in the district.
Lewd businesses must be placed 500 feet from each other and 1,000 feet from churches, schools, residential zoning districts, and buildings used for residential purposes, according to the new ordinance. The manufacturing area must be researched to see if a reasonable amount of space is available for lewd businesses, Mr. Lawson said.
“If you close the box too tight, then you're going to open up lawsuits going all the way up to the Supreme Court level,” he said.
Commissioner John Reimer was concerned about land in the manufacturing district being less expensive than lakefront property.
“Are we opening up a broader possibility for capitalists to take advantage of that?” Mr. Reimer asked.
Mr. Lawson said that the land is not that inexpensive; four acres sold for $78,000. Such a business would also have to survive in the area, as well, he said.
Lewd businesses must be separated from each other, Planning Commission Chair Rob Most noted, which also reduces the impact they have on the surroundings.
While the ordinance covers adult-oriented material, Mr. Reimer asked what effect it would have on Internet cafes that have unrestricted online access.
Regulating what is viewed at Internet cafes, book stores, or coffee shops would be difficult from a practical standpoint, Mr. Lawson said. The village attorney, Tom Evashevski, would have to be consulted about it.
The new ordinance will continue to be discussed at the next planning commission meeting Thursday, August 5, at 7 p.m.
Seasonal Unpaved Boat Line
Parking Approved, Discussed
The planning commission also approved a special use permit and site plan for Shepler's Mackinac Island Ferry to use a lot on Huron Avenue for seasonal boat line parking. The lot is not near the bike path like the last one was, Mr. Lawson noted, and will not impact it. Landscaping berms, which are required if the lot is used for seasonal unpaved parking, are evenly distributed along 50% of the lot exposed to public transportation routes.
Even distribution of the berms was discussed at the last planning commission meeting, as the commissioners wanted lots to have a rolling, golf course-style appearance.
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