3-2-1: PURPOSE AND INTENT:

The purpose of these regulations is to allow the reasonable location of a sexually oriented business within the City in a manner which will protect property values, neighborhoods and residents from the potential adverse secondary effects of sexually oriented businesses while providing to those who desire to patronize sexually oriented businesses such opportunity in appropriate areas within the City. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment of the United States Constitution, but to impose content neutral regulations which address the adverse secondary effects sexually oriented businesses may have on adjoining properties and the immediate neighborhood.

It has been determined, and reflected in the land use studies of various U.S. cities, that businesses which have as their primary purpose the selling, renting or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other U.S. cities is that the location of a sexually oriented business significantly increases the incidence of crimes, especially sex offenses, including rape, indecent exposure, lewd and lascivious behavior, and child molestation.

It has been determined, and reflected in the land use studies of various U.S. cities, that the operation of sexually oriented businesses in business districts which are immediately adjacent to and which serve residential neighborhoods has a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and downgrading of property values.

Under no circumstance shall the issuance of a special use permit be considered an affirmative defense or consent by the City of Middleton for any activity that is prohibited by Federal or State law, or any other prohibition not a part of this chapter. (Ord. 549, 1-21-2015; amd. Ord. 609, 7-3-2018)