TRAVERSE CITY -- Garfield Township will try to position itself to defend a lawsuit over a proposed adult store by changing its outdated zoning ordinance.
Township planning commissioners met Monday to amend an ordinance that regulates adult-orientated businesses. A porn shop would become a use by right, under the new rules, and the township's zoning administrator would have to approve it if the business meets all requirements, including setbacks from churches and residential areas.
Adult-orientated businesses currently require a special-use permit approved by the township planning commission and board. The proposed new amendment would not require public notice, nor would neighbors of such businesses be notified.
"The First Amendment rights issues associated with these kinds of businesses sort of dictate they be handled this way," said township Planner Gerry Harsch.
The township's ordinance hadn't changed since it was adopted 11 years ago and changes were needed to bring it into compliance with federal law and court decisions, said township Supervisor Lee Wilson. Township attorneys drafted the amendments.
Brad Vannatter, who operates Fantasies Unlimited adult stores, prompted the ordinance change when he filed a federal lawsuit against the township in March. The Traverse City resident plans to peddle a variety of sexually explicit magazines, videos, novelties and other items from the former Celebrations party supply store along Cass Road just north of South Airport Road.
Vannatter contends the zoning ordinance is vague and violates his constitutional rights. He is seeking an injunction to declare the ordinance "void and unenforceable," U.S. District Court records show.
The township's ordinance requires adult businesses be located at least 750 feet from residential zoned property, churches, and schools. That won't change under the new ordinance.
"The amendments will allow sexually orientated business to go into the township, but (the Celebrations building) didn't qualify before and it probably won't now, either," Wilson said.
Both residential property and a church are located within 750 feet of the proposed location.
An updated ordinance could help the township defend the lawsuit, Wilson said.
The amendment is expected to be scheduled for public hearing and final vote on May 28, the same day the township must reply to Vannatter's lawsuit.
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