Principal uses specified for a district.

Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction.

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission in accordance with § 315-130. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal use without further action of the Plan Commission or Common Council. Changes to or substitution of conditional uses shall be subject to review and approval by the Plan Commission in accordance with § 315-130.

Uses not specified in this chapter and which are found to be similar in character to principal uses permitted in the district may be permitted by the Plan Commission after the City Plan Commission has made a review.

Uses not specified in this chapter and which are found by the Plan Commission to be similar in character to conditional uses permitted in the district may be permitted by the Plan Commission after review, public hearing, and approval in accordance with § 315-130 of this chapter.

Temporary uses. See Article IV and § 315-131.

The total area devoted to such home occupation shall not exceed 20% of the gross area of the dwelling unit involved.

A home occupation shall produce no offensive noise, vibration, dust, odors, smoke, heat pollution, glare or radio, electrical, or television interference or otherwise produce a nuisance.

No materials which decompose by detonation shall be allowed in conjunction with a home occupation.

No home occupation shall be permitted which changes the outside appearance of the dwelling or is visible from the street.

Materials used in or produced by a home occupation may not be stored or displayed outside the dwelling or be displayed so as to be visible from the outside of the premises.

No nonresident employees shall be employed by the home occupation.

Retail sales shall be prohibited except for the retail sale of products or goods produced or fabricated on the premises as a result of the home occupation.

The volume of vehicular or pedestrian traffic or parking shall not result in congestion or be in excess of what is compatible with a residential neighborhood. There shall be no deliveries to or from a home occupation with a vehicle larger than a thirty-foot-long single-unit truck nor more than one delivery per day. Trucks shall not operate out of residence districts as part of a home occupation.

No more than one home occupation shall be permitted within a single dwelling unit.

A home occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached.

No home occupation shall be permitted that generates sewerage or water use in excess of what is normal for a residential dwelling.

No home occupation shall be permitted which requires plumbing, electrical, or structural changes when such changes are not dictated by the primary residential use of the property.

Home occupation uses shall meet all applicable fire and building code safety requirements.

No home occupation involving visits to the site of the home occupation by customers or the loading and unloading of business-oriented material shall be operated between the hours of 8:00 p.m. and 8:00 a.m.

The following uses are prohibited as home occupations:

Periodic review by Zoning Administrator. Every home occupation shall be subject to periodic, unannounced inspection by the Zoning Administrator in response to complaints or to ensure compliance with this chapter.

Any property licensed or permitted by the state as an adult family home as defined in § 50.01, Wis. Stats., or a community living arrangement as defined in § 46.03(22), Wis. Stats., whether or not a conditional use permit is required therefor, shall be subject to review by the Common Council not less than 11 months nor more than 13 months after first licensure and every year thereafter.

The purpose of such review, which shall be in the form of a hearing before the Common Council, shall be to make a determination as to the effect of the adult family home or community living arrangement on the health, safety or welfare of the residents of the City pursuant to the provisions of § 62.23(7)(i), Wis. Stats.

If the Common Council determines that the adult family home or community living arrangement poses a threat to the health, safety or welfare of the residents of the City, it may order the adult family home or community living arrangement to cease operation unless special zoning permission is obtained. The decision of the Council is subject to judicial review. The adult family home or community living arrangement must cease operation within 90 days after the date of the order, the date of the final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.

The City's failure to perform any such annual review shall not serve to bar such a review in any subsequent year.

Lots served by public sanitary sewer shall have a minimum lot width of 65 feet and a minimum area of 10,000 square feet.

Lots not served by public sanitary sewer shall have a minimum width of 150 feet and a minimum area of 40,000 square feet. When there is a reasonable likelihood that unsewered lot will be sewered within 10 years and that the required frontage thereafter will be 75 feet, the City Plan Commission or subdivider may cause dotted lines to be drawn across the center of the lots applicable on plat and zoning maps so as to notify prospective purchasers of that possibility.

Minimum yard setback requirements for new single-family residential parcels created in the shoreland area shall be as follows:

Unless an existing development pattern exists, a setback of 75 feet from the ordinary high-water mark of an adjacent body of water to the nearest part of a building or structure shall be required for all buildings and structures except piers, boat hoists, and boathouses. If an existing development pattern exists, shore yards may be reduced to the average of the shore yards existing on the abutting properties within a distance of 100 feet of the subject site but shall not be reduced to less than 50 feet.

Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance requirements; see Chapter 119.

The use of boathouses for human habitation and the construction or placing of boathouses beyond the ordinary high-water mark of any navigable waters shall be prohibited.

Boathouses accessory to residential uses may be located within a shore yard but shall:

The use of a boathouse for human habitation is prohibited. No plumbing, heating or cooking facilities may be provided in or for a boathouse.

The roof of a boathouse shall not be used as a deck or for other such purposes, nor shall railings be placed on top of the boathouse.

Tree cutting and shrubbery clearing are prohibited except for home and park site development, access roads, customary trimming, dead tree removal, stream and drainage projects approved by the City Plan Commission, and managed timber harvesting under a State of Wisconsin District Forester's plan within the following distances from high-water elevation:

Tree cutting and shrubbery clearing not prohibited under Subsection D(1) above may be allowed as a conditional use, provided that such cutting and clearing within 35 feet inland from the ordinary high-water mark shall not exceed 30 feet in any 100 feet, as measured along the ordinary high-water mark, and shall be so regulated as to prevent erosion and sedimentation, preserve and improve scenic qualities, and during foliation substantially screen any development from stream or lake uses. Paths and trails shall not exceed 10 feet in width and shall be so designed and constructed as to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty. Any path or trail within the thirty-five-foot area described above shall be constructed and surfaced so as to effectively control erosion.

The City Plan Commission or the Zoning Administrator shall request a review of such tree cutting and shrubbery clearing in excess of one acre by the Wisconsin Department of Natural Resources and await its recommendations before taking final action, but not to exceed 60 days.

Earth movements and soil disturbance activities, such as topsoil removal, road cutting, construction, altering, or enlargement of waterways, stream course changing, removal of stream or lake bed material, channel clearing, filling, grading, lagooning, dredging, ditching, excavating, and soil and water conservation structures, may be permitted by the Plan Commission as conditional uses provided that such uses are so regulated as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen, and topography and only in accordance with the requirements of Ch. 30, Wis. Stats., and other state and federal laws where applicable.

The Zoning Administrator shall request a review of such earth movement and soil disturbance activities by the County Land Conservation Office and the State District Fish and Game Managers and a review of each such cutting and clearing from the State District Forester and await their recommendations before taking final action, but not to exceed 60 days.

A copy of the City Plan Commission's decision on such application shall be forwarded to the Wisconsin Department of Natural Resources and the Region 2 Water Resources Advisory Board within 10 days of such decision.

Intent.

Findings of fact.

Principal uses. The First Amendment and other provisions of the Unites States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult establishments, as defined in this section, are entitled to certain protections, including the opportunity to locate in the City. Therefore, an adult establishment shall be an allowed principal use in all zoning districts subject to the siting restrictions described in this section, except residentially zoned districts (Rm, Rd, and Rs Districts). The adult establishment may locate in the City only if an adult establishment license has been granted by the City if all the requirements of this section and the applicable zoning district's regulations are met.

Accessory uses. Any accessory use authorized by the underlying zoning district may be an accessory use to an adult establishment. In no case shall an adult establishment be an accessory use to any principal use designated by any section of this chapter.

Location requirement. No permit shall be granted where the public entrance of the proposed adult establishment is within 600 feet of a residential use, residential district, house of worship, school, day-care center, playground, public park, recreation area, library, museum, or immediately adjacent to a bar or tavern that serves alcoholic beverages. In the case of an area zoned residential, the distance shall be measured from the nearest point on the residential district zoning boundary line. From an area not zoned residential but used for residential purposes, the measurement shall be taken from the public entrance of the adult establishment to the nearest entrance of the building in residential use. From schools, houses of worship, day-care centers, libraries, and museums, the distance shall be measured from the public entrance of the adult establishment to the main public entrance of the protected use. From playgrounds, public parks, recreation areas, and schools, houses of worship and day-care centers with playgrounds or recreation areas, the distance shall be measured from the public entrance of the adult establishment to the nearest property line of the playground, public park, or recreation area.

Hours of operation. No adult establishment shall be open for business at any time between the hours of 2:00 a.m. and 12:00 noon.

Animals. No animals, except for those animals required to assist a disabled person under the Americans with Disabilities Act (ADA), shall be permitted at any time at or in any adult establishment or permitted premises.

Restricted access. No adult establishment patron shall be permitted at any time to enter into any of the nonpublic portions of any adult establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the permitted premises; provided, however, that any such persons shall remain in such nonpublic areas only for the purposes and to the extent and time necessary to perform their job duties.

Exterior display. No adult establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," from any sidewalk, public or private right-of-way, or any property other than the lot on which the permitted premises is located. No portion of the exterior of an adult establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed by this section with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.

Sign limitations. All signs for adult establishments shall be flat wall signs. The business may have only one nonflashing business sign which may only indicate the name of the business and identify it as an adult establishment and which shall not be larger than four feet by four feet. Temporary signs shall not be permitted in connection with any adult establishment.

Noise. No loudspeakers or sound equipment audible beyond the adult establishment shall be used at any time.

Manager's stations. Each adult establishment shall have one or more manager's stations. The interior of each adult establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the establishment to which any adult establishment patron is permitted access for any purpose. The cashier's or manager's station shall be located so that someone working there can quickly move to physically halt any attempted or accidental entry by a minor. An employee shall occupy the station at all times when patrons are in and on the premises.

Adult booths prohibited. Adult booths shall be prohibited in all adult establishments.

No loitering policy. The adult establishment shall clearly post and enforce a no loitering policy.

Age limit restrictions. The adult establishment shall clearly post and enforce age-limit restrictions. A one-square-foot sign shall be placed on each public entrance which shall state "Admittance to adults only" and may include other pertinent business information.

Measuring disbursement distances. The distances in this section shall be measured by following a straight line, without regard to intervening structures, from the public entrance (existing or proposed) of an adult establishment to the nearest point of the protected use as described below.

Spacing requirement. No more than one adult establishment may be located on any one parcel, and the location of any one adult establishment shall be at least 1,000 feet from the establishment of any other adult establishment. This distance shall be measured from the public entrance of one adult establishment to the public entrance of the other adult establishment.

Display windows prohibited. All points of access into structures containing adult establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner which will prevent a view into the interior.

Residential quarters not allowed. No residential quarters shall be allowed on a premises with an adult establishment.

All live performers in an adult establishment shall perform only on a stage elevated no less than 36 inches above floor level. There shall be a metal railing attached to the floor by bolts surrounding the stage which shall keep patrons at least 48 inches from the stage. There shall also be a metal railing attached to the floor by bolts at the end of the stage.

The owner and/or operator of the adult establishment shall agree to comply with all state, federal and local laws and ordinances, including obscenity, liquor, and cabaret laws. Solicitation for purposes of prostitution shall be strictly prohibited. Conduct in violation of § 944.21, Wis. Stats., or § 20-1357 of this Code shall be strictly prohibited.

Parking. For purposes of determining minimum parking requirements, adult entertainment establishments shall be treated as "other miscellaneous freestanding retail stores" under § 315-48I (see Table 5).[2]

Demographics.

If a corporation, partnership, or other organization is an interest holder that shall be disclosed pursuant to Subsection D(1)(b) and (c), then such interest holders shall disclose the information required in said subsections with respect to their interest holders.

The general character and nature of the applicant's business.

The length of time that the applicant has been in the business of the character specified in response to Subsection D(3) above.

The location (including street address and legal description) and telephone number of the premises for which the adult establishment permit is sought.

The specific name of the business that is to be operated under the adult establishment permit.

The identity of each fee simple owner of the anticipated premises.

A diagram showing the internal and external configuration of the permitted premises, including all doors, windows, entrances, exits, the fixed structural internal features of the permitted premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required, provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the permitted premises and to demonstrate compliance with the provisions of this section. The approval or use of the diagram required pursuant to this subsection shall not be deemed to be, and may not be interpreted or construed to constitute, any other City approval otherwise required pursuant to applicable City ordinances and regulations.

The specific type(s) of adult establishment(s) that the applicant proposes to operate on the permitted premises.

A copy of each adult establishment's permit, liquor license, and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to Subsection D(1) or (2) above.

The name of the individual(s) who shall be the day-to-day, on-site manager(s) of the proposed adult establishment.

The application fee, site plan review fee, and zoning permit fee in the amount as adopted by resolution or in the annual City budget.

Any other information the Zoning Administrator may reasonably require to apply the requirements of this section.

The Zoning Administrator reserves the right to require a survey from a surveyor licensed by the State of Wisconsin to determine the spacing requirements under this section.

A site plan, landscaping plan, zoning permit application, and letter of agent status, if necessary, as required by site plan review application requirements adopted by the Planning and Development Department.

Give any information reasonably relevant to the investigation of the application;

Allow the permitted premises to be inspected;

Appear at any reasonable time and place; or

Otherwise cooperate with the investigation and inspection required by this section shall constitute an admission by the applicant that the applicant is ineligible for an adult establishment permit and shall be grounds for denial of the permit by the Zoning Administrator.

Issuance. The Zoning Administrator shall issue an adult establishment permit to an applicant if the Zoning Administrator finds and determines all of the following:

Denial. If the Zoning Administrator determines that the applicant has not met any one or more of the conditions set forth in this section, then the Zoning Administrator shall deny issuance of the adult establishment permit and shall give the applicant a written notification and explanation of such denial.

License deemed to be issued. If the Zoning Administrator does not issue or deny the adult establishment permit within 30 days after the properly completed application is submitted, then the adult establishment permit applied for shall be deemed to have been issued.

A violation of the requirements of this section or any conditions of an adult establishment permit is a violation of this section.

Notwithstanding any other remedy, a violation of any conditions of an adult establishment permit shall be grounds for revocation of the adult establishment permit.