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Commission discusses clarifying prohibited-use lists for pawn shops, adult uses and dispensaries
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Summary
The commission reviewed prohibited-use lists in three zoning districts (WC, WG and BRD), discussed the need to define pawn shops and adult uses, noted First Amendment constraints on outright bans, and directed staff to draft definitions and regulations that align with the future land-use map.
The Clawson Planning Commission discussed proposed revisions to prohibited-use lists in the WC, WG and BRD zoning districts on April 14, focusing on where uses such as pawn shops, adult-oriented businesses and drive-thrus should be allowed rather than relying on blanket prohibitions. Planning staff said the city’s zoning is permissive: if a use is not listed as permitted, it is not allowed, and under the Michigan Zoning Enabling Act the commission must take care when attempting to outlaw constitutionally protected uses.
Planner told commissioners that pawn shops and adult uses are listed as prohibited in a small number of districts but are not defined elsewhere in the ordinance, which creates openings for ambiguous interpretations. On adult uses, staff noted heightened First Amendment scrutiny and supplied an example regulatory framework that cites legal precedent; staff recommended drafting precise definitions and location restrictions rather than attempting an outright ban. A member of legal staff agreed that amending the ordinance with clear definitions and place-based restrictions is the appropriate path forward.
Commissioners discussed related specifics: drive-thru uses are already permitted in some districts (B3) and prohibited in BRD1, so the ordinance can simply specify appropriate districts for those uses. Staff also noted that dispensaries are an exception where state law gives the city a specific opt-out choice; council historically has chosen not to permit dispensaries, but staff said the commission could still define conditions if policy changes.
Members identified an inconsistency between two plazas on West 14 Mile (addresses cited) that appear similar but have different zoning designations; staff agreed to review those parcels before finalizing recommendations. The commission directed staff to draft definitions and draft regulations, send incentive and zoning-location options to the sustainability subcommittee, then return to the planning commission; any ordinance changes will require public hearings at the planning commission and at city council before adoption.
