Mindful of the fact that it is the intent of this chapter to
protect the health, safety and morals of the citizens of the Town
of Lawrence and to further preserve the quality of family life and
to preserve the rural and urban characteristics of neighborhoods in
the Town of Lawrence and prevent adverse and deleterious effects contributing
to the blight and downgrading of neighborhoods, and also mindful of
the effect of sexually oriented adult entertainment upon minors and
the violation of civil rights of any person 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 sexually
oriented adult entertainment. By the enactment of this article, the
Town Board of the Town of Lawrence does not intend to give any explicit,
implicit, or tacit approval or condone any activity relating to adult
entertainment.
As used in this article, the following terms shall have the
meanings indicated:
SEXUALLY ORIENTED ADULT ENTERTAINMENT ESTABLISHMENTS
Includes bookstores, motion-picture theaters, mini motion-picture
theaters, bathhouses, 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.
B.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons at which a significant or substantial portion of the material presented is 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 activities or specified anatomical areas.
D.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 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.
E.
ADULT BATHHOUSEAn establishment or business which provides the service 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 MOTELA hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration,
provides patrons with closed-circuit television transmission, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas, and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
(2)
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
G.
ADULT MODELING STUDIOAn 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 STUDIOAn 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, "adult body painting studio" shall not be deemed to include a tattoo parlor.
I.
(1)
An establishment or business which features male and/or female
topless and/or bottomless dancers, go-go dancers, exotic dancers,
strippers or similar entertainers.
(2)
Any adult cabaret, as defined above, which features such entertainment
on a periodic and infrequent basis is considered an adult entertainment
establishment only during those times when the adult entertainment
is being presented or the entertainers are on the premises, and all
provisions of this article shall apply during those presentations.
Further, such periodic adult cabaret shall notify the Town Board at
least 24 hours prior to the date on which such adult entertainment
is to take place.
(3)
Any periodic adult establishment, as defined above, shall be
permitted subject to the issuance of a conditional use permit in accordance
with this chapter.
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 activities as defined herein or stimulating such activity.
SPECIFIC ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock, or female breasts below a point immediately above
the top of the areola.
B.
Human male genitals in a discernible 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 of other erotic touching of human genitals, pubic region,
buttock or female breasts.
So as to ensure a maximum benefit to the community and a minimum
impact upon existing and future uses of land, it is hereby directed
that, subject to the standards set forth in this chapter, sexually
oriented adult entertainment establishments (hereinafter "adult establishments")
shall locate only in areas zoned business district, and then only
as a conditional use. Such application for conditional use may only
be granted if the following requirements are met:
A. No more than one adult establishment shall be located on any one
parcel, and such adult establishment shall be at least 1,500 feet
from any other adult establishment. Further, no adult establishment
shall be permitted within 1,000 feet of the following:
(1)
Any residentially zoned land.
(2)
A historic site identified on the National Register.
(3)
Any public or private elementary or secondary school or licensed
nursery school or day-care center.
(4)
A church or established place of worship.
(5)
A public park or parkway.
B. Signs advertising any of the aforementioned adult uses shall conform
to the requirements 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 inform
only of the establishment name and address and will not depict specified
sexual activities and/or specified anatomical areas as defined in
this article, and provided further that there shall be no flashing
or traveling lights located outside the building. The location and
wording of such sign shall be shown on the site plan required by this
chapter and submitted contemporaneously with the request for conditional
use.
C. Adequate parking shall be provided in a lighted area as required
by Town ordinance. Such parking provisions shall be shown on the site
plan required by Town ordinance and submitted contemporaneously with
the request for conditional use.
D. Lighting shall be provided so as to illuminate the entire exterior
of the building. Such lighting shall be shown on the site plan required
by Town ordinance and submitted contemporaneously with the request
for conditional use.
E. There shall be no display windows on the premises.
F. The owner and/or operator of the adult establishment shall agree
to comply with all federal, state, and local laws and ordinances,
including obscenity, liquor, and cabaret laws, and shall further ensure
that minors are not permitted on the premises. Solicitation for purposes
of prostitution shall be strictly prohibited.
G. In the case of adult cabarets, there shall be compliance with Town
ordinances relating to noise, and the hours of operation for such
establishments shall be limited to the same hours of operation for
bars and taverns within the community within which the establishment
is located.
H. In the case of adult motion-picture theaters (outdoors), the establishment
shall comply with the same conditional use standards set forth for
drive-in theaters and shall furthermore comply with the standards
set forth in Town ordinances pertaining to noise. Furthermore, outdoor
adult motion-picture theaters shall confine their hours of operation
to those hours of operation established for bars and taverns within
the community within which the establishment is located. 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 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. All theaters shall be in compliance
with § 134.46, Wis. Stats.
I. Prior to the granting of a conditional use permit, an inventory of
the surrounding area and population shall be made by the Town Planning
and Zoning Board, along with a study of the proposed development and
plans for the area, so as to enable the Planning and Zoning Board
to make appropriate findings relating to the effect of the establishment
of such a use in that area.
J. 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 Board.
K. All adult establishments shall be permitted subject to issuance of
a conditional use permit in accordance with this chapter.