Marinette City Zoning Code
ARTICLE XXIX
Adult Entertainment
§ 465-273 Purpose.
It is the purpose and intent of this article to regulate the location of adult establishments, protect the health, safety and general welfare of the citizens of the City of Marinette, preserve the quality of life and neighborhood characteristics, prevent adverse and deleterious effects that contribute to blight and downgrading of neighborhoods, prevent criminal activity and disruption of the public peace and maintain property values. It is not the intent of this article to restrict or deny access by adults to materials protected by the First Amendment, nor to deny access by the distributors and exhibitors of adult entertainment to their intended market. By enactment of this article, the Common Council does not intend to give any explicit, implicit or tacit approval or condone any activity relating to adult establishments. Further, it is not the intent of this article to permit any use or act which is otherwise prohibited or made punishable by law.
A.
Zoning. Adult establishments may be operated or maintained only within the M-2 Heavy Manufacturing Zoning District, provided that it is located on a minor or major arterial road and subject to other provisions of this article and chapter.
B.
Location.
(1)
Same location. No adult establishment shall be located in the same building or upon the same property as another such use.
(2)
Distance limitations. No adult establishment shall be operated or maintained within 1,000 feet of any residentially zoned property, elderly housing facility, community living arrangement, church, synagogue, temple, mosque, or other place of worship, public or private educational facility, including but not limited to nursery schools, preschools, elementary schools, middle schools, high schools and vocational schools, universities, licensed day-care facility, parks, playgrounds, youth recreational area, including sports fields, public library, cemetery, mausoleum, historic site identified on the National Register or as adopted by this chapter, any facility governed by the Marinette liquor license provisions of this City's Code, or any other adult establishment.
(3)
Measurement. Distance limitations shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the adult establishment is maintained or operated to the nearest property line, lot line, or legal boundary of a parcel of property. The presence of a City, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this subsection.
C.
Signs. Notwithstanding any other provision in this chapter, an adult establishment shall be permitted exterior signage based upon the following criteria:
(1)
No sign shall be placed in any window;
(2)
No merchandise or pictures of the products or entertainment on the premises may be displayed in window areas or any area where they can be viewed from a sidewalk by the building;
(3)
No adult establishment may have any off-premises sign. Instead, one on-premises or building-only sign is permitted that occupies up to nine square feet, which will inform only of the establishment's name and address;
(4)
Flashing signs, illuminated signs, poster panels, message signs, billboards, temporary signs and greeting signs are prohibited. Tower signs and portable signs are also prohibited. No sign shall contain any flashing lights, moving elements, or mechanically changing messages;
(5)
No sign or advertisement shall contain any depiction of the human form or any part thereof, nor shall it contain specified sexual activities or specified anatomical areas as specified in Article XXXVI, Definitions;
(6)
A two-foot by two-foot sign may be placed on the door to state hours of operation and that admittance is restricted to adults only;
(7)
In order to allow currently operating adult establishments to recover their financial investment in current signage, any currently operating adult establishment shall bring its signage into conformity with the provisions of this section within one year from the date of passage of this article.
D.
Building's exterior appearance. The building's or structure's exterior shall meet the following criteria:
(1)
The structure shall not have a door, window or opening that is constructed in such a way that the public can view the interior contents and/or activities without entering the structure.
(2)
Colors are to be earth or neutral tones with primary accent colors to be within the same color family.
(3)
Stripes and geometric patterns are prohibited.
(4)
Color schemes that are directly inherent to a unique recognized architectural style, but not otherwise compliant with this section, may be reviewed and approved by the Plan Commission.
(5)
The structure's exterior shall be adequately maintained in good condition.
(6)
Adequate parking shall be provided in a lighted area.
(7)
Lighting shall be provided so as to illuminate the entire exterior of the building.
(8)
In the case of an adult outdoor motion-picture theater, the adult establishment shall have a 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.
E.
Building's interior appearance. The building's or structure's interior shall meet the following criteria:
(1)
Booth, room, or cubicle. Any adult establishment having available for customers, patrons or members any booth, room, or cubicle for the private viewing of any adult entertainment shall comply with all of the following requirements:
(a)
Access. Each booth, room, or cubicle shall be totally accessible to and from aisles and public areas of the adult establishment and shall be unobstructed, in total or in part, by any door, curtain, partition, lock or other control-type device.
(b)
Construction. Every booth, room, or cubicle shall:
[1]
Be separated from adjacent booths, rooms, or cubicles and any nonpublic areas by a wall.
[2]
Have at least one side totally open to a public and lighted aisle so that there is an unobstructed view at all times of anyone occupying the booth, room, or cubicle.
[3]
Have solid walls without any openings, extending from the floor to a height of not less than six feet, and shall be light colored with nonabsorbent, smooth-textured and easily cleanable surface.
[4]
Have light colored, nonabsorbent, smooth-textured and easily cleanable floor.
[5]
Have at all times when not in use a minimum lighting level of 10 footcandles as measured from the floor.
[6]
Post inside each booth, room, or cubicle an unmutilated and undefaced sign or poster, which contains information regarding sexually transmitted diseases and the telephone numbers from which additional information can be sought.
[7]
Post regulations concerning booth, room, or cubicle occupancy on signs, with lettering at least one inch high, in conspicuous areas of the establishment and in each of the booths, rooms, or cubicles.
[8]
Have a capacity limit of one occupant.
F.
Performance area. Performances of any act, stunt, or dance shall be performed on a stage area designated for such purpose. The use of the surface of the bar proper as a stage area is prohibited. When the stage area is located behind the bar, the nearest point of any such stage area shall be not less than six feet from the outer limits of the patrons' side of the bar. When the stage area is located outside of the bar (that is, on the patrons' side of the bar), such area shall be raised from the floor level and shall be separated by a railing or other device so as to provide a distance of at least six feet between the patrons and the performers, so as to deter patrons from participating in any act, stunt or dance and prevent actual physical contact between the entertainer and another entertainer or any other person, employee or patron. The stage shall be elevated at least 18 inches above the immediate floor level.
G.
Illumination. While dancing or another performance is in progress, the establishment shall be adequately illuminated so as to permit safe ingress and egress from the premises. The adult establishment shall maintain at least 10 footcandles of light in the public portions of the adult establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room, or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles; provided, however, at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.
H.
Information. Conspicuously displayed at a place near the main entrance of the adult establishment, or portion thereof, shall be information, brochures or pamphlets pertaining to sexually transmitted diseases and telephone numbers from which additional information can be sought.
I.
Nonconforming use. The provisions of this section shall apply to all existing and future adult establishments. However, any such existing adult establishment that does not meet the zoning district restrictions or the distance limitations may continue its existence as a nonconforming use pursuant to this chapter, provided that no such business may be enlarged or increased in size or be discontinued for a period of more than 180 days.
J.
Conformance with other provisions. Notwithstanding compliance to all provisions in this section, an adult establishment must still comply with all nonconflicting requirements of this Code.
K.
Enforcement. It shall be the duty of the building inspection unit, code enforcement unit and the Police Department to administer and enforce the provisions of this chapter.
L.
Entry and inspection. Law enforcement or other duly authorized representatives of the City may enter at all reasonable times for the purpose of inspection and search of the premises. A person who operates, maintains, owns or leases an adult establishment or an employee thereof may not refuse entry of law enforcement or other duly authorized representatives of the City at any reasonable time.
(1)
"Reasonable time" includes, without limitation, all times when the adult establishment is open for business.
M.
Nuisance. A violation of this article is declared to be a public nuisance per se.
N.
Severability. If a court of competent jurisdiction deems any provision of this article invalid or unconstitutional, such invalidity or unconstitutionality shall not affect its other provisions. It is declared to be the intent of this article that the same would have been adopted had such invalid provisions, if any, not been included herein.