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HomeMy WebLinkAboutOrdinance 1993 (334) Amendment to Chapter 17, St. Croix County Zoning Ordinance, Creating an Adult Entertainment Overlay District Ordinance No. 3 3 (1'3) St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: A. Section 17.20, St. Croix County Zoning Ordinance, Adult Entertainment Overlay (AEO) District, is hereby established. The text of section 17.20 is attached hereto. B. A public hearing regarding this matter was duly held on August 31, 1993. C. The study entitled "Regulation of Adult Entertainment Establishments in St. Croix County" done by the St. Croix County Planning Department, dated September, 1993, is hereby accepted by the County Board and forms the basis for enacting section 17.20. Dated: ( th.. . if, / f S 3 Offered by: Planning and Development Committee NEGATIVE AFFIRMATIVE - t.-, b L c��JZeL( �./ / / • STATE OF WISCONSIN COUNTY OF ST. CROCC I, Sue E. Neteoe, 8t. Craxt County Cleric. DO HEREBY CERTIFY that the foregoing is a true and correct copy of 33- (s 3) adopted by the County Board of Supervisors at their meeting hold 10e1 / 9, /9* 3 n r Sue E. Nelson, St. Croix County Clerk 17.20 Adult Entertainment Overlay (AEO) District (1) Intent. It is the intent of this Ordinance to protect the health, safety, general welfare and morals of the residents of St. Croix County, to preserve the quality of family life, to preserve the rural and urban characteristics of the neighborhoods in St. Croix County and to prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods. Being mindful of the effects of adult entertainment upon minors and the criminal activity and disruption of public peace associated with such establishments, while also giving due consideration to the civil rights of persons partaking in such entertainment, it is the intent of this section to regulate the location of such establishments of adult entertainment. By the enactment of this ordinance, the St. Croix County Board of Supervisors does not intend to give any explicit, implicit or tacit approval or condone any activity relating to adult entertainment. (2) Definitions. For the purpose of this section: "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. (d) Flagellation or torture in the context of a sexual relationship; (e) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; (0 Erotic touching, fondling or other such contact with an animal by a human being; or (g) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in (a) through (f) above. "Specified anatomical areas" is defined as: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anal region or female breast below a point immediately above the top of the areola; or (b) Human male genitals in a discernibly turgid state even if completely and opaquely covered. "Adult establishments" includes bookstores, motion picture theaters, mini motion picture theaters, bath houses, massage parlors, modeling studios, body painting studios, cabarets, and video stores and are more specifically defined as: (a) Adult bookstore. An establishment having as a substantial or significant portion of its stock -in -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 theater. An 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 defmed 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 present 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 theater. An 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 bath houses. As 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 defmed in this ordinance. (f) Adult massage parlors. An 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 activities" as defined in this ordinance. • (g) Adult modeling studios. An 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 studios. An 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 ordinance, the adult body painting studio shall not be deemed to include a tattoo parlor. (i) Adult Cabaret. An 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 shop. An establishment or business having as a substantial or significant portion of its stock -in -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. (k) Adult video store. An establishment having as a substantial or significant portion of its stock and trade in videotapes for sale or rent which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" as defined herein or an establishment with a segment or section devoted to the sale, display or rental of such material. (3) Adult Entertainment Overlay District. 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 Overlay District which, subject to the standards set forth in this Ordinance may be used for an adult establishment as defined herein except as may be prohibited in section 17.20(8). (4) Principal Uses. No principal uses shall be permitted as a matter of right in the Adult Entertainment Overlay District. All uses shall be special exceptions. (5) Special Exceptions. (a) Adult Bath Houses (b) Adult Body Painting Studios (c) Adult Bookstores (d) Adult Cabarets (e) Adult Massage Parlors (f) Adult Mini -motion Picture Theaters (g) Adult Modeling Studios (h) Adult Motion Picture Theaters (i) Adult Motion Picture Theaters (outdoor) (j) Adult Novelty Shops (k) Adult Video Stores (6) Underlying District Standards. Lot area and width, building height and area, yard and sanitary sewer system requirements in the underlying district shall be complied with in the Adult Entertainment Overlay District. 3 (7) Procedure for Establishing Adult Entertainment District. (a) A petition to amend the County Zoning Ordinance to establish an Adult Entertainment Overlay District and an application for a special exception permit shall be filed with the County Planning and Development Committee. The Committee shall refer each petition and application to the Town Board of Supervisors of the town wherein the property sought to be zoned is located. The Town Board of Supervisors shall review and make a recommendation regarding such petition and application. The County Planning and Development Committee shall make a recommendation to the County Board of Supervisors regarding the petition for amending the County Zoning Ordinance, but not until it has received a recommendation from the Town Board of Supervisors, or until such time as the Town Board of Supervisors has failed to act within a reasonable time after a referral of an application. The procedure set forth in section 59.97(5)(e)3 of the Wisconsin Statutes and section 17.72 of this ordinance shall be followed. In addition, those requirements set forth in section 17.70(7) of this ordinance relating to the issuance of a special exception permit shall be adhered to. No Adult Entertainment Overlay District shall be created which does not substantially comply with the standards set forth in this Ordinance. (b) A petition to amend the County Zoning Ordinance to establish an Adult Entertainment Overlay District must be accompanied by three copies of the proposed site plan prepared by a certified land surveyor or planner in addition to any other information required under section 17.72(2) of this Ordinance. (c) The County Planning and Development Committee shall within a reasonable time after receipt of the recommendation of the Town Board of Supervisors, review the petition and application in accordance with the requirements of this Ordinance. After such review, the Planning and Development Committee shall make a recommendation to the St. Croix County Board of Supervisors in accordance with section 59.97(5Xe)3 of the Wisconsin Statutes. Such recommendation may approve, disapprove or approve subject to modifications the petition for zoning, and shall include a written statement of the Committee's findings. No petition for an Adult Entertainment Overlay District shall be approved by the Committee and County Board unless, however, the following findings have been made: 1. That all the standards and requirements in this Ordinance will be met by the proposed use. 2. That the proposed use will not be a detriment to the public welfare. n 3. That the proposed zoning is consistent with the general intent of any comprehensive plan in existence. 4. That the existing streets and utility services are adequate for the proposed use. 5. That the proposed use will in no substantial way contribute to the deterioration of the surrounding neighborhood. 6. That the presence of the proposed use will not have a harmful influence on children residing in or frequenting the area. (8) Standards for Adult Entertainment Uses. In addition to all other applicable requirements of this Ordinance, all adult entertainment uses shall meet the following standards: (a) The Adult Entertainment Overlay District shall only be established in situations in which the underlying district is a Commercial or Restricted Commercial District. (b) No more than one of the adult entertainment uses defined herein may be established on any one parcel and any of the adult entertainment uses defined herein shall be at least 1,000 feet from any other adult entertainment use. No adult entertainment use shall be permitted within 500 feet of any establishment serving alcoholic beverages, within 1,000 feet of property zoned Residential or Ag- Residential, within 1,500 feet of any property zoned Agricultural or Agricultural Two, or within 2,000 feet of any school, library, church, park, playground, or daycare facility. (c) There shall be no sale of intoxicating beverages in the Adult Entertainment Overlay District. (d) Signs advertising any of the adult entertainment uses defined herein shall conform with section 17.65 of this ordinance 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 or describe "specified anatomical areas" or "specified sexual activities ", 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. r J (g) The owner and/or operator of the adult entertainment establishment shall 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. (h) In the case of adult cabarets, the hours of operation for such establishments shall be limited to the same hours of operations for bars and taverns within that community within which the district is located. (i) In the case of outdoor adult motion picture theaters, the establishment shall confine its 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 residence and the premises shall be surrounded by solid fencing at least eight feet in height. All theaters shall comply with section 134.46 of the Wisconsin Statutes. (j) Prior to the establishment of an Adult Entertainment Overlay District, an inventory of the surrounding area and population shall be made along with a study of the proposed development and plans for the area so as to enable the Planning and Development Committee to make appropriate fmdings relative to the effect of the establishment of such a district in that area. (k) The owner of the parcel upon which the adult en 'tertainment use is to be established and the operator of the establishment and owner of the establishment shall appear in person before the Planning and Development Committee. (1) In the event of non - compliance with any conditions imposed on the adult entertainment use, the special exception permit may be revoked, the Adult Entertainment Overlay District may be abolished by the Committee, and the parcel shall revert to its underlying zoning.