Sheboygan Falls City Zoning Code
§ 365-30
Adult-oriented land uses.
A.
Purpose. The purpose of this section is to control through zoning regulations certain adult-oriented entertainment land uses that have a direct and detrimental effect on the character of the City's agricultural and residential neighborhoods, as well as business and commercial areas. It shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the United States and Wisconsin Constitutions.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT-ORIENTED ENTERTAINMENT LAND USES
An adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sports club, adult steam room/bathhouse facility, any bar, dance hall, restaurant or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers or waiters or waitresses who engage in sexual conduct, or the simulation of such conduct, 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 other sexual practices.
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
The commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
C.
General requirements.
(1)
Zoning district. Adult-oriented entertainment land uses are not permitted uses in any zoning district, but may be operated or maintained only within the Light Industrial District (I1) with a conditional use permit, provided that it is located on a minor arterial road and subject to the distance limitations and other regulations noted below. The procedures and public hearing requirements of § 365-21 of the Zoning Code shall apply.
(2)
Distance limitations.
(a)
No adult-oriented entertainment land use, as defined in this section, shall:
[1]
Be operated or maintained within 1,000 feet of the boundary of any residential or commercial zoning district, the Agricultural District or the Highway Commercial District;
[2]
Be operated or maintained within 1,000 feet of a church, public park, licensed day-care facility, public library, public or private educational facility which serves persons age 17 or younger, elementary school, high school, place of worship, or elderly housing facility;
[3]
Be operated or maintained so that there are more than two such businesses within 2,500 feet, as measured by the radius from each business.
(b)
Distance limitations set forth herein shall be measured in a straight line from the main public entrances of said premises to the lot lines of properties in agricultural, residential and business zoned districts, or other facilities described herein.
(3)
Same use restrictions. No adult-oriented entertainment land use shall be located in the same building or upon the same premises as any other such use.
(4)
Sign limitations. Notwithstanding any other provision of this chapter, an adult-oriented entertainment land use shall not be permitted more than one sign advertising its business, which shall be an on-premises or building sign only. All such signs shall meet the following criteria:
(a)
Have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the sidewalk or public street in front of or adjacent to the building;
(b)
No sign shall be placed in any window, except a one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only;
(c)
No sign shall contain any flashing lights, moving elements, or mechanically changing messages;
(d)
No sign shall contain any depiction of the human form or any part thereof, nor shall it contain sexually explicit language such as "nude dancing" or "girls, girls, girls," etc.;
(e)
No adult-oriented entertainment land use may have any off-premises sign.
(5)
Operating standards. All adult-oriented entertainment land uses shall operate in accordance with the following:
(a)
No employee shall solicit business outside the building in which the business is located;
(b)
No male or female person on the premises shall expose to public view their genitals, pubic area, anus, or anal cleft. Full nudity is prohibited;
(c)
No person on the premises shall engage in sexual conduct or in any way fondle their genitals;
(d)
No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance. All performances shall only occur on a stage, or on a table that is in a designated area within full and unrestricted view of the bar area, either of which is elevated at least 18 inches above the immediate floor level and removed a distance sufficient to prevent actual physical contact between the entertainer and another entertainer or any other person, employee or patron;
(e)
No person under the age of 18 years of age may be admitted to, may enter or remain on, may purchase goods or services at, or may work or be permitted to work as an employee in any capacity at, an establishment subject to the provisions of this section;
(f)
No person shall cause another to commit a violation of this section, nor shall any person permit such violation to occur on any premises under their control, tenancy, management or ownership.
(6)
Building exterior appearance. The building exterior of any premises containing an adult-oriented entertainment land use shall meet the following criteria:
(a)
Colors to be earth or neutral tones with primary accent colors to be within the same color family;
(b)
Stripes and geometric patterns are prohibited;
(c)
The exterior shall be adequately maintained in good condition.
D.
Applicability; nonconforming use regulation. The provisions of this section of the Zoning Code shall apply to all existing and future adult-oriented entertainment land uses. Any such existing land use or business that does not meet the zoning district restrictions or the distance limitations may continue its existence as a nonconforming use, except that such privilege of nonconforming use shall cease upon the discontinuance of the activities within such establishment for seven consecutive calendar days, including any days when the establishment is normally closed for business.