ORD1993784AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #704
AN ORDINANCE TO AMEND CHAPTER 17
TO REGULATE ADULT-ORIENTED ESTABLISHMENTS
OF THE CITY OF MUSKEGO MUNICIPAL CODE
WHEREAS, it is a lawful purpose of the Common Council of the City of
Muskego to enact regulations for the purpose of promoting health,
safety, and general welfare of its citizens and,
WHEREAS, pursuant to the City of Muskego's authority, it is the intent
of the Common Council to adopt by ordinance regulations restricting
the location of adult-oriented establishments as defined herein to
promote the City of Muskego's interest in protecting and preserving
the quality of its neighborhoods, commercial districts, and quality of
urban life through effective land-use planning and,
WHEREAS, it has been the experience of other cities including Seattle
and Renton, Washington and Detroit, Michigan that adult-oriented
establishments can contribute to the impairment of the character and
quality of a surrounding residential neighborhood and can contribute
to a decline in the value of surrounding properties.
WHEREAS, adult-oriented establishments in proximity to residential
areas, churches, parks, and schools may lead to an increase in
criminal activities in the surrounding areas and the City desires to
protect the youth of the community from the deleterious effects such
businesses have on adjacent areas by restricting their close proximity
to places of worship, schools and residential areas: and
WHEREAS, a reasonable regulation of the location of adult
entertainment establishments will provide for the protection of the
residents of the community from the adverse secondary effects of an
image of the community and its property values and protect the
adult-oriented establishment, while providing to those who desire to
patronize adult-oriented establishments, such an opportunity in areas
within the city which are appropriate for a location of adult-oriented
establishments and;
WHEREAS, the United States Supreme Court has approved efforts by local
governments to regulate the location of adult-oriented establishments
through land use plans and,
WHEREAS, the proposed ordinance serves a substantial government
communication.
interest and does not unreasonably limit alternative avenues of
NOW THEREFORE, the Common Council of the City of Muskego, Waukesha
County, Wisconsin do ordain as follows:
SECTION I: Section 17: 2.02 (0.5) of the Zoning Code of the City of
Muskego Ts created to read as follows:
(0.5) Adult-Oriented Establishments
limited to, "adult bookstores", "adult motion picture
"Adult-oriented establishment", shall include, but is not
theaters", "adult mini-motion picture establishments", or
"adult cabarets". It further means any premises to which
public patrons or members are invited or admitted and which
are so physically arranged so as to provide booths,
cubicles, rooms, compartments or stalls separate from the
common areas of the premises for the purposes of viewing
adult-oriented motion pictures, or wherein an entertainer
provides adult entertainment to a member of the public, a
patron or a member, whether or not such adult entertainment
is held, conducted, operated or maintained for a profit,
direct or indirect.
substantial or significant portion of its stock in trade,
"Adult bookstore" means an establishment having as a
video cassettes, magazines or other periodicals which are
for sale, rent, lease, inspection or viewing, books, films,
distinguished or characterized by their emphasis on matters
depicting, describing or related to "specified anatomical
or section devoted to the sale, rent and display of such
areas" as defined below, or an establishment with a segment
material.
with a capacity of fifty (50) or more persons used for
"Adult motion picture theater" means an enclosed building
presenting materials distinguished or characterized by an
emphasis on, matters depicting, describing or relating to
areas", as defined below, for observation by patrons
"specified sexual activities", or "specified anatomical
therein.
"Adult mini-motion picture theater" means an enclosed
building with a capacity of less than fifty (50) persons
used for presenting material having 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", as defined
below, for observation by patrons therein.
"Adult cabaret" means a cabaret which features topless
dancers, strippers, male or female impersonators, or similar
entertainers.
"Adult entertainment" means any exhibition of any motion
pictures, live performance, display or dance of any type,
which has as its dominant theme, or is distinguished or
characterized by an emphasis on, any actual or simulated
"specified sexual activities", or "specified anatomical
areas", as defined below.
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(g) "Specified sexual activities" means simulated or actual:
1. Showing of human genitals in a state of sexual
2. Acts of masturbation, sexual intercourse, sodomy,
stimulation or arousal;
bestiality, necrophilia, sado-masochistic abuse,
fellatio or cunnilingus:
3. Fondling or erotic touching of human genitals, pubic
region, buttocks or female breasts.
(h) "Specified anatomical areas" means:
1. Less than completely and opaquely covered human
genitals, pubic region, buttocks, and female breasts
below the point immediately above the top of the
areola;
2. Human male genitals in a discernible turgid state, even
if opaquely covered.
SECTION 11: Section 17: 6.03 (1) D of the Zoning Code of the City of
Muskego E hereby created to read as follows:
D.
establishments are subject to the following conditions:
"Adult-Oriented Establishments. Adult-oriented
1. Adult-oriented establishments shall only be allowed as
conditional uses in the 1-1 and 1-2 Districts. Adult-
oriented establishments are prohibited in all districts
except as conditional uses in the 1-1 and 1-2
Districts.
2. No adult-oriented establishment shall be located within
religious institution, daycare center or public park.
1,000 feet of any public or private school, church,
No adult-oriented establishment shall be located within
adult-oriented establishment. The above-noted
500 feet of any residential district or any other
distances shall be measured in a straight line without
closest point of the structure or portion of the
regard to intervening structures or objects from the
adult-oriented establishment to the nearest point of
structure occupied or proposed for occupancy by the
from which the proposed land use.is to be separated.
the parcel of property or land use district boundary
3. In addition to the above-noted limitations and
restrictions upon adult-oriented establishments, any
such establishment shall comply with all regulations
with all provisions of the zoning district in which the
and requirements of this Zoning Code and must comply
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establishment is located. Said establishment shall
City of Muskego Municipal Code.
also comply with all other applicable provisions of the
SECTION 111: Section 17: 8.15 (7) C5 of the Zoning Code of the City of
Muskego is hereby created to read as follows: -
5. "Adult-oriented establishment", as defined in this
ordinance.
SECTION IV: Section 17: 8.16 (7) C5 of the Zoning Code of the City of
Muskego E hereby created to read as follows:
5. "Adult-oriented establishment", as defined in this
ordinance.
SECTION V: The several sections of this Ordinance are declared to be
severable. If any section or portion thereof shall be declared by a
decision of a court of competent jurisdiction to be invalid, unlawful,
or unenforceable, such decision shall apply only to the specific
section or portion thereof directly specified in the decision, and not
affect the validity of all other provisions, sections or portions
thereof of the Ordinance which shall remain in full force and effect.
of this Ordinance are hereby repealed as to those terms that conflict.
Any other Ordinances whose terms are in conflict with the provisions
SECTION VI: This Ordinance shall take effect immediately upon passage
and postGg or publication as provided by law.
This Ordinance passed this 9TH day of MARCH , 1993. "- - "
CITY OF MUSKEG0
-
ATTEST:
Published or posted on the 18TH day of W MARCH "" - , 1993.
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STATE OF WISCONSIN 1
Milwaukee County )
) ss.
Judith Liolkovdi being duly sworn,
doth depose and say that he is an authorized representative 01
The .. Nrtskcgo .SUII.. ....................
a newspaper published at.. . JlwikegO. ..............
Wisconsin and IhaI an advertisement of which Ihe annexed is a
ltue copy, taken from said pa[Er. was published Iherein on
.........................
...........................
...... . +hfy,?-s.. .......
........................
.........................
(Signed).
U BOOKKEEPER,
Subscribed and sworn to . .day
of ................
MY Commission expires-,. ...... .APRIL. 13. . 19.93. .
Official Notice .. .=. -
AMENDED' COMMON COUNCIL- ".' CITY OF MUSKEG0 ORDINANCE U784 AN ORDINANCE TO AMEND CHAFTER 11 OF THE CITY OF MUSKEG0 MUNICIPAL CODE TO REGULATE ADULT- ORIENTED ESTABLISHMENTS
Common Council of the Citv of Muskeno to
WHEREAS. it is a lawful purpose of the
enact regulations for the pu-rpose of prokot-
ing health. safety. and general welfare of ita
citizena and, WHEREAS. pursuant to the City of Mu-
skego's authority. it is the intent of the Com-
mon Council to adopt by ordinance regula-
oriented establishments as defined herein to
tions restricting the location of adult-
promotetheCityofMuskego'ainterestinpro-
neighborhoods. commercial districts. and
tee- and preserving the quality of its
use planning and.
quality of urban life through e!Tective land-
WHEREAS, it has been the experience of
other .cities including Seattle and Ranton,
Washington ana Detroit. Michigan that
adultdriented establishment can wntribute
ityofa smundingresidential neighborhood
to tHe impbent of the character and qual-
and can contribute to a'deche in the value of
surrounding properties. WHEREAS, adult-oriented estnblish-
mentsinpro~tytoresidentialareas,ehur-
ches, parks. and schools may lead to an in-
crease in criminal activities in the surmund-
ing areas and the City desires to protect the
youth of the wmmunityfrom the deleterious
aream by restricting their close proximity to effects such businesses have on adjacent
places of worship, schools and residential
areas; and WHEW. a reaaonable regulation of the
location of adult entertainment establish-
mente will provide for the protection of the
image ofthe wmmunity and ita property vel-
ues and protect the residents of the commun-
ity from the adverse sewndary effecta of an
adultdriented establishment. while provid-
ing.- those who desire to patronize adult-
oriented establishments, such as opportunity
inareaswithinthecitywhichareappropriate
for a location of adult-oriented establish-
ments and;
Court has approved efforta by local govern-
WHEREAS, the United States Supreme
menta to regulate the location of adult-
oriented establishments through land use
plana and,
a substantial government interest and does
WHEREAS. theproposedordinanceserves
not unreesonably limit alterative avenues
of communication. NOW THEREFORE, the Common Council
of the Citv of Muskeeo. Waukesha County. ~~ Wisconsin-do ordain ;a follows: SECTION 1: Section 17 2.02 (0.5) of the
ZoningCodeoftheCityofMuskegoiscreated
to read as follows:
.~
(0.6) Adult-Oriented Establishments
(a) "Adult-oriented ea+blishment". shall
include, but is not limited to. "adult book-
stores'. 'adult motion picture theatere",
'adult mini-motion picture establishmenta",
or "adult cabaret2 It further means any pre-
invited or admitted and which are so physi-
rnisestowhichpublicpatronsormembersare
cally arranged so a8 to provide booths, cubi-
cles. rooms. compartments or stalls separate
from the common areas of the premises for
the purposes of viewing sdult-oriented mo-
tion pictures. or wherein an entertainer pro-
vides adult entertainment to a member ofthe
public, a patron or a member, whether or not
operated or maintained for a profit, direct or
such adult entertainment is held, wnducted.
indirect. I
ment having as a substantial or significant
(b) "Adult bookstore" means an establish-
portion of its stock in trade. for sale, rent,
lease, inspection or viewing, books. films,
video cassettes, magazines or other period-
eels whichare distinguished or characterized
by their emphasis on matters depicting. de-
areas. as dehed below, or an estabfishment
svibing or related to 'spded anatomical
with a segment or section devoted to the sale,
rent and display of mch material.
an enclosed building with a capacity of W (e) -Adult motion picture theater' means.
(60) or more persons used fo? presenting ma-
terials distinguished or cherecterized by an
emphasis on, matters depicting. describing or
relating to 'specified serual activities", or
"specified anatomical areas'. as defibed be-
low, for observation by patrona therein.
means an enclosed building with a capacity of (d) aAdult mini-motion picturn theater"
less than fifty (60) persons wed for present-
ingmaterial havingasits dominant theme, or
distinguished or charactmized by an empha-
ing to "apedfied sed activities", or "a@-
sis on, matters depicting, describing or relnt-
fied anatomid areas", as defined below, for
observation by patrons the*in.
(e) "Adult cabaret" meanda cabamt which
features topless daneers, strippers. male or female impersonators, or similar
entertainers.
hibition of any motion pictures, live perfor-
(0 "Adult entertainment" means any ex-
manw. display or danm of any type, which
guiahed or charactar&dbyan smpbaais on,
has as its dominant theme, or is distin-
tivities", or %peeified.anatomid -as", RE
any actual or simulated "speded sed ac-
defined below.
(g) 'SpHfied sexual Wvitiee" means si-
mulatedor actual:
1. Showing of human genitals in a state of
sexual stimulation or arousal;
2. Acts of masturbation, sexual inter-
wurae. sodomy. bestiality, necmphilia, sado-
mssochistic abuse. fellatio or cunnilinKu.9;
genitals, pubic region, but- or female
3. Fondling or erotic touc@ng~of human
brensts.
01) "Specified anatomical areas" means:
ered human genitals. pubic region, buttock%
1. Less than cnmpletaly and opaquely cov-
and female brensti below the point immedi-
ately above the top, of the areola;
turgid &ate. even if opaquely covered.
2. Human male genitals in a diwrnible
ZoningCodeoftbeCityofMuakegoishereby
SECTION I1 Section 11: 6.03 (1) D of the
created to read as~follows: D. 'Adult-Oriented Establishments.
Adult-oriented establishments are subject to
the following wnditions:
only be allowed as wnditional uses in the 1-1
1. Adult-oriented establishments shall
and I3 Districts. Adult-oriented eatablish-
conditional uaes in the 1-1 and 1-2 DistriCtr.
mente are prohibited in all districts except as
2. No adultoriented establiahment shall
be located within 1,000 feet of any public or
private schml. church, religious institution.
daycare center or public park. No edult-
oriented establishment shall be located within 500 feet of any residential district or
any other adultoriented establishment. The
above-noted distances shall be measured in a
straight line without regard to intervening
structures or objects from the closest point of
the struchve or portion of the structure Oc-
.eupied or proposed for oce~pancy by the
sdulteriented establishment to the nearest
point of the parcel of property or land use dis-
trict boundary fmm which the proposed land
use is to be separated. 3. In addition to the abovenoted limita-
tions and restrictions upon adult+riented es-
tablishments, any such establishment shall
comply with all regulations and require-
ments of this Zoning Code and must wmpb
with all provisions of the zoning district in
which the establishment is located. Said es-
tablishment shall also eomply with all other
applicable provisions of the City of Muskego
Municipal Code. SECTION 111: Section 11: 8.15 (1)CSofthe
ZoningCodeoftheCityofMuskegoishmeby
created to read as follows: 5, "Adul&oriented establishment", a8 de-
fined in this ordinance. SECTION IV: Section 17 8.16 (7) C5 of the
Zoning Code of the City of Muskego is hereby
creited to read as follows:
fined in this ordinsnce.
5. "Adult-oriented establishment". as de-
SECTION V: The several sections of this
0rdinancearedeeleredtobesavereble.Ifany
section or portion thereof shall be declared by
a decision of a court ofwmpetent jurisdiction *,be invalid, unlawfd, or unenforceable.
such deciaion shall apply only to the specific
sectionorportionthareofdireetlys~adin
the decision, and not affect the validity of all other provisions, sections or portions thereof
of the Ordinance which shall remain in full
form and bffect. Any other Ordinances whose
terms are in conllict with the provisions of
this Ordinance are hemby repealed a8 to
those terms'that wnflict.
effect immediately upon paslaage and posting
SECTION Iv: This Ordinanee shall take
or publication as provided by law.
March, 1993.
ms'Ordinancn passed this 9th day of
CITY OF MUSKEG0
ATPEST:
Jean K Marendn. Clerk
PublishedorpostedonthelBtbdayo~a~,
1993.
Wayne~G. Salentine, Mayor
COMMO COUNCIL - CITY OF MUSKEG0
ORDINANCE 11784 \ AN ORDINANCE TO AMEND CHAPTER 17 PMY”
OF THE CITY OF~USKEGO MUNICIPAL CODE @J
WHEREAS, it is a lawful purpose of the Common Council of the City of
Muskego to enact regulations for the purpose of promoting health,
safety, and general welfare of its citizens and,
WHEREAS, pursuant to the City of Muskego’s authority, it is the intent
of the Common Council to adopt by ordinance regulations restricting
the location of adult-oriented establishments as defined herein to
promote the City of Muskego’s interest in protecting and preserving
the quality of its neighborhoods, commercial districts, and quality of
urban life through effective land-use planning and,
WHEREAS, it has been the experience of other cities including Seattle
and Renton, Washington and Detroit, Michigan that adult-oriented
establishments can contribute to the impairment of the character and
quality of a surrounding residential neighborhood and can contribute
to a decline in the value of surrounding properties.
WHEREAS, adult-oriented establishments in proximity to residential
areas, churches, parks, and schools may lead to an increase in
protect the youth of the community from the deleterious effects such
criminal activities in the surrounding areas and the City desires to
businesses have on adjacent areas by restricting their close proximity
to places of worship, schools and residential areas; and
WHEREAS, a reasonable regulation of the location of adult
entertainment establishments will provide for the protection of the
image of the community and its property values and protect the
residents of the community from the adverse secondary effects of an
adult-oriented establishment, while providing to those who desire to
patronize adult-oriented establishments, such an opportunity in areas
within the city which are appropriate for a location of adult-oriented
establi~shrnents and;
WHEREAS, the United States Supreme Court has approved efforts by local
governments to regulate the location of adult-oriented establishments
through land use plans and, I
WHEREAS, the proposed ordinance serves a substantial government
interest and does not unreasonably limit alternative avenues of
communication.
NOW THEREFORE, the Common Council of the City of-Muskego, Waukesha
County, Wisconsin do ordain as follows:
SECTION I: Section 17: 2.02 (0.5) of the Zoning Code of the City of
Muskego Ts create?. to read as follows:
TO REGULATE ADULT-ORIENTED ESTABLISHMENTS
(0.5) Adult-Oriented Establishments
limited to, "adult bookstores", "adult motion picture
"Adult-oriented establishment", shall include, but is not
theaters", "adult mini-motion picture establishments', or "adult cabarets". It further means any premises to which
public patrons or members are invited or admitted and which
cubicles, rooms, compartments or stalls separate from the are so physically arranged so as to provide booths,
common areas of the premises for the purposes of viewing
adult-oriented motion pictures, or wherein an entertainer
provides adult entertainment to a member of the public, a
patron or a member, whether or not such adult entertainment
is held, conducted, operated or maintained for a profit,
direct or indirect.
"Adult bookstore" means an establishment having a
substantial portion of its stock and trade, for sale, rent,
lease, inspection or viewing, books, films, video cassettes,
magazines or other periodicals which are distinguished or
describing or related to "specified anatomical areas" as
characterized by the emphasis on matters depicting,
defined below. For purposes of this definition, any
establishment which has 50% or more of its gross sales
derived from the above-noted items shall be deemed to have a
substantial portion of its business in those items and shall
thus be defined as an "adult bookstore".
"Adult motion picture theater" means an enclosed building
with a capacity of fifty (50) or more persons used for
presenting materials distinguished or characterized by an
emphasis on, matters depicting, describing or relating to
"specified sexual activities", or "specified anatomical
areas", as defined below, for observation by patrons
therein.
"Adult mini-motion picture theater" means an enclosed
building with a capacity of less than fifty (50) persons
used for presenting material having as its dominant theme,
or distinguished or characterized by an emphasis on, rnatters
depizting, describing or relating to "specified sexual
activities", or "specified anatomicallareas", as defined
below, for observation by patrons therein.
"Adult cabaret" means a cabaret which features topless
dancsrs, strippers, male or female impersonators, or similar
entsrtainers.
'Aduit entertainment" means any exhibition of any motion
pictares, live performance, display or dance of any type,
whic5 has as its dominant theme, or is distinguished or
characterized by an emphasis on, any actual or simulated
-2-
areas", as defined below. "specified sexual activities", or "specified anatomical
(g) "Specified sexual! activities" means simulated or actual:
1. Showing of human genitals in a state of sexual
2. Acts of masturbation, sexual intercourse, sodomy,
stimulation or arousal;
bestiality, necrophilia, sado-masochistic abuse,
fellatio or cunnilingus;
3. Fondling or erotic touching of human genitals, pubic
region, buttocks or female breasts.
(h) "Specified anatomical areas" means:
1. Less than completely and opaquely covered human
genitals, pubic region, buttocks, and female breasts
below the point immediately above the top of the
areola;
2. Human male genitals in a discernible turqid state, even - if opaquely covered.
SECTION 11: Section 17: 6.03 (1) D of the Zoning Code of the City
Muskego hereby created to read as follows:
D. "Adult-Oriented Establishments. Adult-oriented
establishments are subject to the following conditions:
of
1. Adult-oriented establishments shall only be allowed
conditional uses in the 1-1 and 1-2 Districts. Adu
oriented establishments are prohibited in all distr
except as conditional uses in the 1-1 and 1-2
Districts.
lt-
as
icts
2. No adult-oriented establishment shall be located within
1,000 feet of any public or private sch,:,>l, church,
No adult-oriented establishment shall be located within
religious institution, daycare center or public park.
500 feet of any residential district or any other
adult-oriented establishment. The above-noted
distances shall be measured in a straight line without
regard to intervening structures or objects from the
closest point of the structure or portion of the
structure occupied or proposed for occupancy by the
adult-oriented establishment to the nearest point of
the parcel of property or land use district boundary
from which the proposed land use is to be separated.
3. In addition to the above-noted limitations and
restrictions upon adult-oriented establishments, any
-3-
such establishment shall comply with all regulations
with all provisions of the zoning district in which the
and requirements of this Zoning Code and must comply
establishment is located. Said establishment shall
also comply with all other applicable provisions of the
City of Muskego Municipal Code.
SECTION - 111: Section 17: 8.15 (7) C5 of the Zoning Code of the City of
Muskego is hereby created to read as follows:
5. "Adult-oriented establishment", as defined in this
ordinance.
SECTION IV: Section 17: 8.16 (7) C5 of the Zoning Code of the City of
Muskego hereby created to read as follows:
5. "Adult-oriented establishment", as defined in this
ordinance.
SECTION V: The several sections of this Ordinance are declared to be
severable. If any section or portion thereof shall be declared by a
decision of a court of competent jurisdiction to be invalid, unlawful,
or unenforceable, such decision shall apply only to the specific
affect the validity of all other provisions, sections or portions
section or portion thereof directly specified in the decision, a.nd not
thereof of the Ordinance which shall remain in full force and effect.
Any other Ordinances whose terms are in conflict with the provisions
of this Ordinance are hereby repealed as to those terms that conflict.
SECTION VI: This Ordinance shall take effect immediately upon passage
and postGg or publication as provided by law.
This Ordinance passed this - day of
" "_ , 1993.
CITY OF MUSKEG0
Wayne E. Salentine, Mayor -
ATTEST: i
First Reading 2/23/93
" - Jean K. Marenda, Clerk "
""
Published or posted on the day of - , 1993.
"
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