[Prior code § 17.0206(4)(p)]
Description. Sexually-oriented land uses include any facility oriented to the display of sexually-oriented materials such as videos, movies, slides, photos, books, or magazines; or actual persons displaying and/or touching sexually specified areas. For the purpose of this section, "sexually specified areas" includes any one or more of the following: genitals, anal area, female areola or nipple; and "sexually-oriented material" includes any media which displays sexually specified area(s). Note: The incorporation of this section into this title is designed to reflect the Village Board's official finding that sexually-oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other, similar jurisdictions. Specifically, the Village Board is concerned with the potential for such uses to limit the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent of this section to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the Village's comprehensive master plan and protect the character and integrity of its commercial and residential neighborhoods.
A. Permitted by right: not applicable.
B. Special use regulations: not applicable.
C. Conditional use regulations: (UI):
1. Shall be located a minimum of 1,000 feet from any agriculturally zoned property or residentially zoned property; and shall be located a minimum of 1,000 feet from any school, church, or outdoor recreational facility;
2. Exterior building appearance and signage shall be designed to ensure that use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values;
3. Shall comply with Section
17.72.040, standards and procedures applicable to all conditional uses.
D. Parking regulations: one space per 300 square feet of gross floor area, or one space per person at the maximum capacity of the establishment (whichever is greater).