Mayville Dodge County
City Zoning Code
City Zoning Code
ARTICLE IX
Regulated Uses
§ 430-65 Findings.
A.
It is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Uses subject to these controls are as follows:
(1)
Adult bookstore.
(2)
Adult motion-picture theater.
(3)
Adult mini motion-picture theater.
(4)
Cabaret.
B.
None of the preceding uses may be established within 500 feet of any residential area, residential dwelling or rooming unit, except as provided in § 430-68. Furthermore, said uses shall not be established within 1,000 feet of another, except as provided in § 430-68.
§ 430-66 Purpose and intent.
It is declared to be the purpose and intent of this article to protect the public health, safety, welfare and morals of the community, to promote the stability of property values, and to impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence, and be repugnant to the morals of the community. In recognition of the protections afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this article to inhibit freedom of speech or the press.
§ 430-67 Definitions.
For the purpose of this article the following words shall have the following meanings:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade 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 or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MINI MOTION-PICTURE THEATER
Any structure with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
Any structure with a capacity of 50 or more 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 for observation by patrons therein.
CABARET
An establishment which features or permits topless dancers, bottomless dancers, strippers or persons engaged in specified sexual activities or similar entertainers.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and
B.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
§ 430-68 Waiver of limitations.
The Common Council may waive the five-hundred and one-thousand-foot requirements described in § 430-65. A request for a waiver shall be submitted in writing to the Plan Commission. The Plan Commission shall review the request for a waiver and shall recommend to the Common Council whether the waiver should be granted or denied. No waiver shall be granted unless it is found that the proposed use will not be contrary to the public interest or injurious to nearby properties and also that the spirit and intent of this article will be observed.