(a) Authority.
(1) The Village Board has authority, to be liberally construed in favor of the Village of Edgar, under its general police powers set forth in Ch. 61, Wis. Stats., to act for the good order of the municipality and for the health, morals, safety and welfare of the public; and may carry out its powers by regulation and suppression; and
(2) The Village Board recognizes it lacks authority to regulate obscenity under Sec. 66.0107(3), Wis. Stats., and does not intend by adopting this Section to regulate obscenity, since nudity in and of itself is not obscene, it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene, erotic dancing in bars and taverns; and
(3) Adult establishments in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities; and such secondary effects are detrimental to the public health, safety and general welfare of citizens; and
(4) The Village Board recognizes the U.S. Supreme Court has held that material with adult content is within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and
(5) However, the Village Board is aware, based on the experiences of other communities, that adult establishments may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Village of Edgar; and
(6) Among these secondary effects are:
a. The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;
b. The potential depreciation of property values in neighborhoods where adult establishments featuring nude dancing exist;
c. Health risks associated with the spread of sexually transmitted diseases; and
d. The potential for infiltration by organized crime for the purpose of unlawful conduct; and
(7) The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Edgar; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and
(8) The Village Board has determined that the enactment of a zoning ordinance provision allowing adult establishments viable areas in which to exist within the Village while keeping those adult establishments separated from each other, residential areas, schools, churches, day care centers, or bars or taverns, promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such adult establishments.
(b) Purpose. The purpose of the ABO Adult Entertainment Overlay District is to create an overlay zoning district whereby adult establishments are sufficiently separated from each other and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult establishments sufficient area and opportunity to operate within the Village so as not to suppress their existence.
(c) Definitions. For purposes of this District, the following definitions shall be applicable:
(1) Adult Establishments. Includes adult-oriented bookstores, motion picture theaters, mini-motion picture theaters, adult bath houses, massage parlors, modeling studios, body painting studios, cabarets, and video stores and more specifically defined as:
a. Adult Bookstore. An establishment as described in this Section.
b. Adult Motion Picture Theater. An enclosed building or outdoor theater as described in this Section.
c. Adult Mini-Motion Picture Theater. An enclosed building with a capacity for less than fifty (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.
d. Adult Bath Houses. An 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 Section.
e. 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 Section.
f. 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.
g. Adult Body Painting Studio. 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 Section, the adult body painting studio shall not be deemed to include a tattoo parlor.
h. 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.
i. 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.
j. Adult Video Store. An establishment having as a substantial or significant portion of its stock and trade in videotapes, CDs, DVDs or similar such electronic media 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.
(2) Adult Bookstore. An establishment which as its substantial course of conduct, presents adult entertainment for observation by patrons therein, or which, as part of its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing books, films, DVDs, videocassettes, magazines or other such media, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
(3) Adult Entertainment. Any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance, or is distinguished or characterized by an emphasis on, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas.
(4) Adult Motion Picture Theater. Any establishment for the presentation of motion pictures that as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas for observations by patrons therein.
(5) Adult Novelty Store. Any establishment which as its substantial course of conduct offers for sale, rent, trade, lease, inspection or viewing any adult novelty items, sex toys, sexual gratification appliances, or other similar products, excluding contracep- tives or similar products of medical value, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
(6) Specified Anatomical Areas. Means either:
a. Less than completely and opaquely covered human genitals pubic region.
b. Human male genitals in a discernible turgid state, even if opaquely covered.
c. Less than completely and opaquely covered nipples or areolas of the human female breast.
(7) Specified Sexual Activities. Means simulated or actual:
a. Showing of human genitals in a state of sexual stimulation or arousal;
b. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
c. Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts;
d. Flagellation or torture in the context of a sexual relationship;
e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
f. 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 Subsections (c)(7)a-f above.
(8) Substantial. Forty percent (40%) or more of business stock in trade, display space, floor space or retail sales in any one month. Upon reasonable belief that an entity is in excess of the forty percent (40%) threshold, that entity shall provide all necessary records, receipts and documentation to the Village upon request. Failure to do so shall result in a presumption that the entity is operating in excess of the threshold.
(d) Permitted Uses. No principal uses shall be permitted as a matter of right in the AEO Adult Entertainment Overlay District. All uses shall be conditional uses.
(e) Conditional Uses. The following are conditional uses in the AEO Overlay District:
(1) Adult bath houses.
(2) Adult body painting studios.
(3) Adult bookstores.
(4) Adult cabarets.
(5) Adult entertainment centers.
(6) Adult massage parlors.
(7) Adult mini-motion picture studios.
(8) Adult modeling studios.
(9) Adult motion picture theaters.
(10) Adult novelty shops.
(11) Adult video stores.
(f) 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 AEO Adult Entertainment Overlay District.
(g) Procedures for Establishing Adult Entertainment District.
(1) A petition to amend the Zoning Code to establish an AEO Adult Entertainment Overlay District and an application for a conditional use permit regarding adult entertainment-type use shall be filed with the Zoning Administrator. The rezoning request shall proceed per Article M procedures. The Zoning Administrator shall refer each petition and application to the Plan Commission for its review and recommenda- tion per Article E, followed by referral and action by the Village Board. The requirements set forth in Article E regarding the conditional use application, review and approval, conditional approval or disapproval of conditional use permits shall be followed. No Adult Entertainment Overlay District shall be created which does not substantially comply with the standards set forth in this Section.
(2) A petition to amend the Zoning Code to establish an Adult Entertainment Overlay District and for a conditional use permit must be accompanied by three (3) copies of the proposed site plan prepared by a certified land surveyor or planner in addition to any other information required under this Section or by the Zoning Administrator.
(3) The Zoning Administrator shall make a recommendation to the Plan Commission and Village Board. Such recommendation may approve, disapprove or approve, subject to conditions or modifications, the zoning and conditional use permit petition, and shall include a written statement of the Zoning Administrator's findings. No petition for an AEO Adult Entertainment Overlay District shall be subject to approval by the Village Board unless the following findings have been made:
a. That all standards and requirements of this Section and other applicable Village ordinances can be met by the proposed use.
b. That the proposed use will not be detrimental to the public welfare.
c. That the proposed zoning is consistent with the general intent of the Comprehen- sive Plan.
d. That existing streets and utility services are adequate for the proposed use.
e. That the proposed use will in no substantial way contribute to the deterioration of the surrounding neighborhood.
f. That the presence of the proposed use will not have a harmful influence on children residing in or frequenting the area.
g. That there will be full compliance with other Village ordinance requirements, including, but not limited to, Title 11, Chapter 7 of this Code of Ordinances. In the case of a conflict in regulatory requirements, the stricter provisions shall be complied with.
(h) Standards for Adult Entertainment Uses. In addition to all other applicable requirements in this Zoning Code, all adult entertainment uses shall meet the following standards:
(1) The AEO Adult Entertainment Overlay District shall only be established for parcels for which the underlying district is an Industrial District.
(2) No more than one (1) of the adult entertainment uses defined herein may be established on any one (1) parcel and any of the adult entertainment uses defined herein shall be at least one thousand (1,000) feet from any other adult entertainment use. No adult entertainment use shall be permitted within five hundred (500) feet of any establishment serving alcohol beverages, within one thousand (1,000) feet of property zoned Residential, within one thousand five hundred (1,500) feet of any property zoned Agricultural, or within two thousand (2,000) feet of any school, library, church, park, playground, or daycare facility.
(3) There shall be no sale of intoxicating or fermented malt beverages in the AEO Adult Entertainment Overlay District.
(4) Signs advertising any of the adult entertainment uses defined herein shall conform with Article H of this Chapter with the exception, however, that no tower-mounted signs, 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 providing further that there shall be no flashing or traveling lights located outside the building.
(5) Adequate parking shall be provided in a lighted area; all such lighting shall be properly shielded.
(6) There shall be no display windows on the premises.
(7) The owner and/or operator of the adult entertainment establishment shall comply with all federal, state and local Jaws and ordinances, including obscenity, liquor, fermented malt beverage and cabaret laws, and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited.
(8) 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.
(9) Prior to the establishment of an AEO Adult Entertainment Overlay District, an inventory of the surrounding area and population shall be made along with a study of the proposed project and plans for the general area so as to enable the Village Board to make appropriate findings relative to the effect of the establishment of an AEO District in that area.
(10) The owner of the parcel upon which the adult entertainment use is to be established and the operator of the establishment and the owner of the establishment shall appear in person before the Plan Commission and Village Board.
(11) In the event of noncompliance with any conditions imposed on the adult entertainment use, the zoning permit may be revoked, the AEO Adult Entertainment Overlay District may be abolished by Village Board action, and the parcel shall revert to its underlying zoning classification.