Bayfield City Zoning Code
ARTICLE XIIA
Adult-Oriented Entertainment Businesses
[Added 2-20-2008 by Ord. No. 340]
§ 500-90.1 Findings and purpose.
The Common Council finds that the unregulated location and operation of adult-oriented entertainment businesses, as defined below, in the City of Bayfield may have significant adverse impacts upon the areas surrounding them, including contributing to the deterioration of nearby residential neighborhoods and impairing the values of nearby residential housing; adversely influencing children frequenting nearby facilities such as schools, churches, recreational facilities and parks, and the City's main shopping area; increasing the risk of illegal activities in the vicinity of such businesses, thereby increasing demands upon the City's law enforcement personnel; and adversely affecting the City's tourism economy in that the location of such businesses in the City's main business area would be detrimental to its distinctive charm, upon which its tourism economy is based. The purpose of this article is to protect the health, safety, and welfare of the City and its citizens by minimizing such adverse impacts upon nearby lands and land uses.
§ 500-90.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ADULT-ORIENTED ENTERTAINMENT BUSINESS
An adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse as defined herein.
NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.
SEXUAL CONDUCT
Acts of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.
SEXUAL EXCITEMENT
The condition of the human male or female genitals when in a state of sexual stimulation or arousal.
§ 500-90.3 Zoning district limitations.
Adult-oriented entertainment businesses may be operated or maintained only within the Commercial Zoning District.
§ 500-90.4 Distance limitations.
No adult-oriented entertainment businesses shall be operated or maintained:
A.
Within 500 feet of the boundary of any Residential Zoning District (R-1 or R-2);
B.
Within 500 feet of a church, public recreational facility or park, licensed day-care facility, public library, public or private school or educational facility serving persons under 18 years of age;
C.
Within 500 feet from the center of Rittenhouse Avenue (the City's main commercial street).
§ 500-90.5 Operating standards.
All adult-oriented entertainment businesses shall operate in accordance with the following:
A.
No employee shall solicit business outside the building in which the business is located.
B.
No person, while on the premises, shall expose to public view his or her genitals, pubic area, anus, or anal cleft.
C.
No person on the premises shall engage in sexual conduct, sadomasochistic abuse or fondle his or her genitals.