Mindful of the fact that it is the intent of this article to
protect the health, safety and morals of the citizens of the Village
of Hobart and to further preserve the quality of family life and to
preserve the rural and urban characteristics of its neighborhoods
in the Village of Hobart and prevent adverse and deleterious effects
contributing to the blight and downgrading of neighborhoods, and also
mindful of the effects of adult entertainment upon minors and the
violation of civil right of many persons 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 adult entertainment.
By the enactment of this article of the chapter, the Village Board
of the Village of Hobart does not intend to give any explicit, implicit
or tacit approval or condone any activity relating to adult entertainment.
For the purpose of this article, the following terms shall have
the meaning indicated:
ADULT ESTABLISHMENTS
Includes bookstores, motion-picture theaters, mini motion-picture
theaters, bathhouses, massage parlors, modeling studios, body painting
studios, and cabarets, and are more specifically defined as:
A.
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 or an establishment with a segment or section devoted to the sale or display of such material.
B.
ADULT MOTION PICTURE THEATERAn enclosed building 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" as defined herein for observation by patrons therein.
C.
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 activity" or "specified anatomical areas."
D.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting materials 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.
E.
ADULT BATHHOUSESAn establishment or business which provides the services 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.
F.
ADULT MASSAGE PARLORSAn establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin, and which establishment provides for its patrons the opportunity to engage in "specified sexual activity" as defined in this article.
G.
ADULT MODELING STUDIOSAn 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.
H.
ADULT BODY PAINTING STUDIOSAn 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, the adult body painting studio shall not be deemed to include a tattoo parlor.
I.
ADULT CABARETAn establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.
J.
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 activity as defined herein or simulating such activity.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered: human genitals,
pubic region; buttock; female breast below a point immediately above
the top of the areola; and human male genitals in a discernibly turgid
state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Is defined as:
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.
So as to ensure a maximum benefit to the community and a minimum
impact upon existing and future uses of land, there is hereby created
an adult entertainment district which, subject to the standards set
forth in the article, may be used for an adult establishment as defined
herein.
Adult bathhouses, body painting studios, bookstores, cabarets,
massage parlors, mini motion-picture theaters, modeling studios, motion-picture
theaters, motion-picture theaters (outdoor), and novelty shops in
the Adult Entertainment District.
A. The Adult Entertainment Overlay district shall only be established
by conditional use permit in situations in which the underlying district
is an I-2 Industrial Park District.
[Amended 1-6-2015 by Ord.
No. 01-2015]
B. No more than one of the above adult uses may be established on any
one parcel and the establishment of any of the above adult uses shall
be at least 1,500 feet from the establishment of any other adult use.
No adult use shall be permitted within 2,000 feet of any land zoned
residential or within 2,000 feet of a planned unit development, a
residential dwelling, school, or public park.
C. There shall be no sale of intoxicating beverages in the Adult Entertainment
District.
D. Signs advertising any of the aforementioned adult uses shall conform with §
295-361 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 not depict specified sexual activities and/or specified anatomical areas as defined in the article, and provided further that there shall be no flashing or traveling lights located outside the building.
E. Adequate parking shall be provided in a lighted area.
F. There shall be no display windows on the premises.
G. The owner and/or operator of the adult entertainment establishment
shall agree to comply with all State, Federal, and Local laws and
ordinances, including obscenity, liquor and cabaret laws, and shall
further insure that minors are not permitted on the premises. Solicitation
for purposes of prostitution shall be strictly prohibited.
H. In the case of adult cabarets, the hours of operation for such establishments
shall be limited to the same hours of operation for bars and taverns
within the Village.
I. Outdoor adult motion-picture theaters shall confine their hours of
operation to those hours of operation established for bars and taverns
within the Village. 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 residence and the premises shall
be surrounded by solid fencing at least eight feet in height. All
theaters shall be in compliance with § 134.46 of the Wisconsin
Statutes.
J. Prior to the establishment of an Adult Entertainment District, an
inventory of the surrounding area and population shall be made by
a Registered Land Surveyor or Planner, along with a study of the proposed
development and plans for the area so as to enable the Planning and
Zoning Commission to make appropriate findings relating to the effect
of the establishment of such a district in that area.
K. 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 Commission.
No principal uses shall be permitted as a matter of right in
the Adult Entertainment (Overlay) District. All uses shall be conditional
uses.
The following are conditional uses in the Adult Entertainment
(Overlay) District:
B. Adult body painting studios.
F. Adult mini motion-picture theaters.
H. Adult motion-picture theater.
I. Adult motion-picture theater (outdoor).
K. All accessory, conditional, and principal uses of the underlying
district.
Lot area and width, building height and area, yard requirements,
parking requirements, and sign requirements required in the underlying
district shall be complied with in the Adult Entertainment Overlay
District.