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Little Traverse Twp. Zoning Board January 7, 2008 7:30 PM Township Hall Chairman Joe Chattaway called the meeting to order. Roll call: Jean Beckley, present Joe Chattaway, present John Johnson, present Ed Shepherd, present Marty Van Berlo, absentAlso present were Bill Dohm, Randy Frykberg, Jane Taylor, and Roger Beckley. Minutes: A motion to approve the minutes of December 3, 2007 was offered by Shepherd and supported by Beckley. Approved by voice vote. Approve the agenda: There was no objection to the agenda as presented. Case #B-9-2007: Conduct a Public Hearing on a proposed Zoning Ordinance Amendment to add a new section establishing regulations pertaining to Sexually Oriented Businesses ( SOB’s). Randy Frykberg said since September we have been reviewing language for SOB regulations in order to promote the health, safety, and general welfare of Township citizens and to prevent the deleterious secondary effects of these businesses in the Township. The proposed ordinance is modeled after Emmet County regulations which were recently adopted with the help from a legal expert rated one of the best in the Country. The courts have clearly held that local units of government can not discriminate against any lawful business. It is also a well understood doctrine that local units of government can not have exclusionary zoning, that is not to allow a lawful use anywhere in their jurisdiction. The Courts have said time and time again that municipalities cannot “ban” these establishments.He had given the Board members copies of the newest Draft (#4) for their review and noted that it is the culmination of over four months of review and discussion of many legal cases, reports concerning secondary effects occurring in and around sexually oriented businesses, and language to set restrictions on the location of sexually oriented businesses.Chairman Chattaway opened the Public Hearing. John Johnson was concerned with the site locations available for SOB’s. He was told by Randy Frykberg that these businesses are allowed in the B and I Districts with setbacks of 500 to 1000 feet from sensitive land uses. He noted some of these sites are prime sites in those districts.Bill Dohm referenced a California case of 2007, Tollis Inc.vs.County of Sand Diego to clarify Johnson’s questions. Mr. Dohm also stated that these designated areas will have to be reviewed often as different uses move in and out to be sure they are still available for SOB use. Since the township has no control over daycare locations, Shepherd was concerned with the chance of one coming into an area after a SOB was established. Bill Dohm said the SOB would be grandfathered in. There was no further Public Comment.Chairman Chattaway closed the Public hearing.Beckley motioned and was supported by Shepherd to send to the Township Board a recommendation that they adopt the proposed SOB Zoning Ordinance Amendment as written for Case #B-9-2007 in Draft #4 based on information provided, the presentation of the December 3, 2007 meeting, presentations made at a Public Hearing held January 7, 2008, and as reflected in the test of the proposed Ordinance Amendment, ( particularly the “INTENT” section), and on the condition that a record of these meetings and the Public Hearing be forwarded to the Township Board.Roll call vote: Johnson, yes: Shepherd, yes: Beckley, yes: Chattaway, yes: Van Berlo absent.Motion carried. Open Discussion for issues not on the agenda:a. Correspondence Received.- noneb. Zoning Board MembersJean Beckley asked if the house on Broken Ridge had ever gotten a Certificate of Occupancy. It was noted the house had been sold and has had major renovations.Bill Dohm told the Board that the Sign Ordinance would be the next item for the Zoning Board to deal with and would be following the pattern of the Emmet County Ordinance but adapted to our own needs. The Michigan Logo signs are allowed on State Highways. The County is trying to get these types of signs to be allowed on County Primary and Local Roads.Johnson suggested looking at lighting for Outdoor signs.c. Public CommentThere was no Public Comment.Adjourn: The meeting was adjourned at 8:05 P.M. . Respectfully Submitted, Jane Taylor Administrative AssistantDate Submitted____________________ Secretary_________________________
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