(1)

Purpose.

(a)

The purpose of this section is to control through zoning regulations certain adult oriented entertainment uses that have a direct and detrimental effect on the character of the city's residential neighborhoods and commercial areas, and to minimize the secondary impacts of such uses.

(b)

It shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment.

(2)

Definitions. As used in this section, the following definitions shall apply:

(a)

Adult oriented entertainment business. An adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, 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 sadomasochistic abuse as defined herein.

(b)

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.

(c)

Sexual conduct. Acts of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.

(d)

Sexual excitement. The condition of human male or female genitals when in a state of sexual stimulation or arousal.

(3)

Applicability. The provisions of this section shall apply to all existing and future adult entertainment oriented businesses. However, any such existing business that does not meet the zoning district restrictions or the distance limitations, may continue its existence as a nonconforming use; provided, however, that no such business may be enlarged or increased in size or be discontinued for a period of no more than 12 months.

(4)

General requirements.

(a)

Zoning district. Adult use only bookstores, adult theaters, adult massage parlors, adult saunas, adult entertainment centers, adult cabarets, adult health/sport clubs, adult steam room/bathhouse facilities, and other adult oriented entertainment businesses sexual in nature may be operated or maintained only within the I-1 (or I-1A) Light Industrial District subject to the distance limitations of paragraph (b) below.

(b)

Distance limitations. No adults-only bookstore, adult theaters, adult massage parlor, adult cabaret, health/sport club, adult steam room/bathhouse facility, or other adult oriented entertainment businesses as defined under this section shall:

1.

Be operated or maintained within 1,000 feet of the boundary of any residential zoning district;

2.

Be operated or maintained within 1,000 feet of a church, municipal park, licensed daycare facility, public library, public or private educational facility which serve 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 no more than two such businesses within 2,000 feet as measured by the radius from each business;

4.

Distance limitations set forth herein shall be measured in a straight line from the main public entrances of said premises or from the lot lines of properties in residential zoning districts.

(c)

Same use restrictions. No adult oriented business shall be located in the same building or upon the same property as another such use.

(5)

Sign limitations. In addition to the provisions of the sign code, an adult oriented entertainment business shall not be permitted more than one sign advertising its business per street frontage. 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 in front of the building;

(b)

No sign shall be placed in any window. 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 electronically 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 sexually oriented business may have any off-premises sign;

(6)

Operating standards. All such adult oriented entertainment businesses 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, while on the premises, shall impose to public view his or her genitals, pubic area, anus, or anal cleft. Full nudity is prohibited;

(c)

No person on the premises shall engage in sexual conduct, sadomasochistic abuse or in any way fondle their genitals;

(d)

Nudity is prohibited for any employee of an adult oriented business where such person is in direct, personal contact with another person.

(e)

There shall be no sale or consumption of alcoholic beverages on the premises of the business.

(7)

Building's exterior appearance. The building's exterior 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)

A color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this section may be reviewed and approved by the common council;

(d)

The exterior shall be adequately maintained in good condition.

(8)

Partial invalidity. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. Any section, subsection, sentence, clause or phrase of the ordinance which is not deemed invalid or unconstitutional may be enforced as if no portion of the ordinance has been deemed invalid or unconstitutional.

(Ord. No. 1133-1004, § 1, 10-19-04)