Lawerence Town City Zoning Code
ARTICLE XIX
Sexually Oriented Adult Entertainment Regulations
§ 300-173 Intent.
Mindful of the fact that it is the intent of this chapter to protect the health, safety and morals of the citizens of the Town of Lawrence and to further preserve the quality of family life and to preserve the rural and urban characteristics of neighborhoods in the Town of Lawrence and prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods, and also mindful of the effect of sexually oriented adult entertainment upon minors and the violation of civil rights of any person partaking in such entertainment, and also mindful of the criminal activity and disruption of public peace associated with such establishments, it is the intent of this article to regulate the location of such establishments of sexually oriented adult entertainment. By the enactment of this article, the Town Board of the Town of Lawrence does not intend to give any explicit, implicit, or tacit approval or condone any activity relating to adult entertainment.
§ 300-174 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Includes bookstores, motion-picture theaters, mini motion-picture theaters, bathhouses, modeling studios, body painting studios and cabarets and are more specifically defined as:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock and trade in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)A parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT BATHHOUSEAn establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this article.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
ADULT BODY PAINTING STUDIOAn establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this article, "adult body painting studio" shall not be deemed to include a tattoo parlor.
An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers.
Any adult cabaret, as defined above, which features such entertainment on a periodic and infrequent basis is considered an adult entertainment establishment only during those times when the adult entertainment is being presented or the entertainers are on the premises, and all provisions of this article shall apply during those presentations. Further, such periodic adult cabaret shall notify the Town Board at least 24 hours prior to the date on which such adult entertainment is to take place.
Any periodic adult establishment, as defined above, shall be permitted subject to the issuance of a conditional use permit in accordance with this chapter.[1]
ADULT NOVELTY SHOPAn establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity.
§ 300-175 General standards.
So as to ensure a maximum benefit to the community and a minimum impact upon existing and future uses of land, it is hereby directed that, subject to the standards set forth in this chapter, sexually oriented adult entertainment establishments (hereinafter "adult establishments") shall locate only in areas zoned business district, and then only as a conditional use. Such application for conditional use may only be granted if the following requirements are met:
A.
No more than one adult establishment shall be located on any one parcel, and such adult establishment shall be at least 1,500 feet from any other adult establishment. Further, no adult establishment shall be permitted within 1,000 feet of the following:
B.
Signs advertising any of the aforementioned adult uses shall conform to the requirements of this chapter, with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises, and with the further exception that signs will inform only of the establishment name and address and will not depict specified sexual activities and/or specified anatomical areas as defined in this article, and provided further that there shall be no flashing or traveling lights located outside the building. The location and wording of such sign shall be shown on the site plan required by this chapter and submitted contemporaneously with the request for conditional use.
C.
Adequate parking shall be provided in a lighted area as required by Town ordinance. Such parking provisions shall be shown on the site plan required by Town ordinance and submitted contemporaneously with the request for conditional use.
D.
Lighting shall be provided so as to illuminate the entire exterior of the building. Such lighting shall be shown on the site plan required by Town ordinance and submitted contemporaneously with the request for conditional use.
E.
There shall be no display windows on the premises.
F.
The owner and/or operator of the adult establishment shall agree to comply with all federal, state, and local laws and ordinances, including obscenity, liquor, and cabaret laws, and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited.
G.
In the case of adult cabarets, there shall be compliance with Town ordinances relating to noise, and the hours of operation for such establishments shall be limited to the same hours of operation for bars and taverns within the community within which the establishment is located.[2]
H.
In the case of adult motion-picture theaters (outdoors), the establishment shall comply with the same conditional use standards set forth for drive-in theaters and shall furthermore comply with the standards set forth in Town ordinances pertaining to noise. Furthermore, outdoor adult motion-picture theaters shall confine their hours of operation to those hours of operation established for bars and taverns within the community within which the establishment is located. Outdoor adult motion-picture theaters shall also have the viewing screen located in such a fashion as to not be visible from any road, street or highway, or residential zoning district up to 400 horizontal feet away, and the premises shall be surrounded by fencing which is impervious to sight at least eight feet in height. All theaters shall be in compliance with § 134.46, Wis. Stats.
I.
Prior to the granting of a conditional use permit, an inventory of the surrounding area and population shall be made by the Town Planning and Zoning Board, along with a study of the proposed development and plans for the area, so as to enable the Planning and Zoning Board to make appropriate findings relating to the effect of the establishment of such a use in that area.[3]
J.
The owner of the parcel upon which the adult entertainment use is to be established and the operator of the establishment and owner of the establishment shall appear in person before the Planning and Zoning Board.